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CHAPTER 525, SB 499

Senate Bill No. 499–Committee on Legislative Operations and Elections

 

CHAPTER 525

 

[Approved: June 10, 2015]

 

AN ACT relating to elections; revising deadlines by which certain signature petitions of minor political parties and independent candidates for office must be submitted and filed; revising deadlines by which signatures of certain signature petitions must be verified; revising deadlines by which certain vacancies in nominations for office must be filled; revising deadlines by which certain challenges to candidacies must be filed; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the names of candidates for a partisan office of a minor political party do not appear on the ballot at a primary election. Instead, if the minor political party has qualified as such, either by receiving a certain percentage of votes at the preceding election or by collecting a certain number of signatures, the party can name one candidate for each partisan office, and the name of each such candidate must appear on the general election ballot. (NRS 293.1715) The names of independent candidates for a partisan office also do not appear on the ballot at a primary election. Instead, a person wishing to run as an independent candidate can be named as such on the general election ballot if he or she files a petition with a certain number of signatures. (NRS 293.200)

      This bill changes the deadlines by which those petitions for minor political parties and independent candidates must be filed and the deadlines for verifying the signatures on those petitions.

      Under existing law, if a minor political party wishes to place a candidate on the ballot for a general election by collecting a certain number of signatures, it must file the petition with the signatures with the Secretary of State not later than the third Friday in May before the general election. (NRS 293.1715) It must also have submitted the petition with the signatures to the applicable county clerk not later than 25 days before that May deadline. (NRS 293.172) A person wishing to run as an independent candidate must file a petition with the requisite number of signatures not later than the second Friday after the first Monday in March, and must have submitted a copy of the petition not later than 25 days before that March deadline. (NRS 293.200) A county clerk who receives those petitions must verify the signatures on the petitions within 25 days. (NRS 293.1276, 293.1277, 293.1279)

      Sections 8 and 15.5 of this bill change the deadlines for minor political parties and independent candidates, respectively, to file their petitions with signatures to the third Friday in June before the general election. Sections 9 and 15.5 of this bill change the deadlines for submitting those petitions to the county clerk to not later than 10 days before the filing deadline. Sections 2-4 of this bill change the deadline for a county clerk to verify the signatures on each petition from 25 days to 10 days.

      Under existing law, certain vacancies in nominations must be filled not later than the fourth Friday in June of an election year. (NRS 293.165, 293.166, 293.368) Sections 5, 6 and 21 of this bill change that deadline to the fourth Friday in July of an election year.

      Existing law requires a challenge to the qualification of a minor political party to place the names of candidates on the ballot to be filed in a district court not later than the third Friday in June of an election year. (NRS 293.174) Section 10 of this bill changes that deadline to the fourth Friday in June. A challenge to the candidacy of an independent candidate must also be filed in district court not later than the third Friday in June. (NRS 293.200) Section 15.5 of this bill requires that any challenge to the sufficiency of a petition of an independent candidate must be filed in district court also not later than the fourth Friday in June of an election year.

 


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the sufficiency of a petition of an independent candidate must be filed in district court also not later than the fourth Friday in June of an election year.

      Under existing law, in certain situations in which only one major political party has candidates for a partisan office and there are no minor political party or independent candidates for the office, a primary election is not held and the names of the candidates of the major political party all appear on the ballot at the general election. (NRS 293.260) Section 17 of this bill provides that, if a major political party has two or more candidates for an office, there must be a primary election regardless of whether there are any minor political party or independent candidates for the office.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2. NRS 293.1276 is hereby amended to read as follows:

      293.1276  1.  Within 4 days, excluding Saturdays, Sundays and holidays, after the submission of a petition containing signatures which are required to be verified pursuant to NRS 293.128, [293.172, 293.200,] 295.056, 298.109, 306.035 or 306.110, and within 2 days, excluding Saturdays, Sundays and holidays, after the submission of a petition containing signatures which are required to be verified pursuant to NRS 293.172 or 293.200, the county clerk shall determine the total number of signatures affixed to the documents and, in the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, shall tally the number of signatures for each petition district contained fully or partially within the county and forward that information to the Secretary of State.

      2.  If the Secretary of State finds that the total number of signatures filed with all the county clerks is less than 100 percent of the required number of registered voters, the Secretary of State shall so notify the person who submitted the petition and the county clerks and no further action may be taken in regard to the petition. If the petition is a petition to recall a county, district or municipal officer, the Secretary of State shall also notify the officer with whom the petition is to be filed.

      3.  After the petition is submitted to the county clerk, it must not be handled by any other person except by an employee of the county clerk’s office until it is filed with the Secretary of State.

      4.  The Secretary of State may adopt regulations establishing procedures to carry out the provisions of this section.

      Sec. 3. NRS 293.1277 is hereby amended to read as follows:

      293.1277  1.  If the Secretary of State finds that the total number of signatures submitted to all the county clerks is 100 percent or more of the number of registered voters needed to declare the petition sufficient, the Secretary of State shall immediately so notify the county clerks. [Within 9 days, excluding Saturdays, Sundays and holidays, after] After the notification, each of the county clerks shall determine the number of registered voters who have signed the documents submitted in the county clerk’s county and, in the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, shall tally the number of signatures for each petition district contained or fully contained within the county clerk’s county.

 


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within the county clerk’s county. This determination must be completed within 9 days, excluding Saturdays, Sundays and holidays, after the notification pursuant to this subsection regarding a petition containing signatures which are required to be verified pursuant to NRS 293.128, 295.056, 298.109, 306.035 or 306.110, and within 3 days, excluding Saturdays, Sundays and holidays, after the notification pursuant to this subsection regarding a petition containing signatures which are required to be verified pursuant to NRS 293.172 or 293.200. For the purpose of verification pursuant to this section, the county clerk shall not include in his or her tally of total signatures any signature included in the incorrect petition district.

      2.  Except as otherwise provided in subsection 3, if more than 500 names have been signed on the documents submitted to a county clerk, the county clerk shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerk is given an equal opportunity to be included in the sample. The sample must include an examination of at least 500 or 5 percent of the signatures, whichever is greater. If documents were submitted to the county clerk for more than one petition district wholly contained within that county, a separate random sample must be performed for each petition district.

      3.  If a petition district comprises more than one county and the petition is for an initiative or referendum proposing a constitutional amendment or a statewide measure, and if more than 500 names have been signed on the documents submitted for that petition district, the appropriate county clerks shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerks within the petition district is given an equal opportunity to be included in the sample. The sample must include an examination of at least 500 or 5 percent of the signatures presented in the petition district, whichever is greater. The Secretary of State shall determine the number of signatures that must be verified by each county clerk within the petition district.

      4.  In determining from the records of registration the number of registered voters who signed the documents, the county clerk may use the signatures contained in the file of applications to register to vote. If the county clerk uses that file, the county clerk shall ensure that every application in the file is examined, including any application in his or her possession which may not yet be entered into the county clerk’s records. Except as otherwise provided in subsection 5, the county clerk shall rely only on the appearance of the signature and the address and date included with each signature in making his or her determination.

      5.  If:

      (a) Pursuant to NRS 293.506, a county clerk establishes a system to allow persons to register to vote by computer; or

      (b) A person registers to vote pursuant to NRS 293D.230 and signs his or her application to register to vote using a digital signature or an electronic signature,

Ê the county clerk may rely on such other indicia as prescribed by the Secretary of State in making his or her determination.

      6.  In the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, when the county clerk is determining the number of registered voters who signed the documents from each petition district contained fully or partially within the county clerk’s county, he or she must use the statewide voter registration list available pursuant to NRS 293.675.

 


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determining the number of registered voters who signed the documents from each petition district contained fully or partially within the county clerk’s county, he or she must use the statewide voter registration list available pursuant to NRS 293.675.

      7.  Except as otherwise provided in subsection 9, upon completing the examination, the county clerk shall immediately attach to the documents a certificate properly dated, showing the result of the examination, including the tally of signatures by petition district, if required, and transmit the documents with the certificate to the Secretary of State. In the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, if a petition district comprises more than one county, the appropriate county clerks shall comply with the regulations adopted by the Secretary of State pursuant to this section to complete the certificate. A copy of this certificate must be filed in the clerk’s office. When the county clerk transmits the certificate to the Secretary of State, the county clerk shall notify the Secretary of State of the number of requests to remove a name received by the county clerk pursuant to NRS 295.055 or 306.015.

      8.  A person who submits a petition to the county clerk which is required to be verified pursuant to NRS 293.128, 293.172, 293.200, 295.056, 298.109, 306.035 or 306.110 must be allowed to witness the verification of the signatures. A public officer who is the subject of a recall petition must also be allowed to witness the verification of the signatures on the petition.

      9.  For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.200, 306.035 or 306.110 for any county, district or municipal office within one county, the county clerk shall not transmit to the Secretary of State the documents containing the signatures of the registered voters.

      10.  The Secretary of State shall by regulation establish further procedures for carrying out the provisions of this section.

      Sec. 4. NRS 293.1279 is hereby amended to read as follows:

      293.1279  1.  If the statistical sampling shows that the number of valid signatures filed is 90 percent or more, but less than the sum of 100 percent of the number of signatures of registered voters needed to declare the petition sufficient plus the total number of requests to remove a name received by the county clerks pursuant to NRS 295.055 or 306.015, the Secretary of State shall order the county clerks to examine the signatures for verification. The county clerks shall examine the signatures for verification until they determine that 100 percent of the number of signatures of registered voters needed to declare the petition sufficient are valid. If the county clerks received a request to remove a name pursuant to NRS 295.055 or 306.015, the county clerks may not determine that 100 percent of the number of signatures of registered voters needed to declare the petition sufficient are valid until they have removed each name as requested pursuant to NRS 295.055 or 306.015.

      2.  Except as otherwise provided in this subsection, if the statistical sampling shows that the number of valid signatures filed in any county is 90 percent or more but less than the sum of 100 percent of the number of signatures of registered voters needed to constitute 10 percent of the number of voters who voted at the last preceding general election in that county plus the total number of requests to remove a name received by the county clerk in that county pursuant to NRS 295.055 or 306.015, the Secretary of State may order the county clerk in that county to examine every signature for verification.

 


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verification. If the county clerk received a request to remove a name pursuant to NRS 295.055 or 306.015, the county clerk may not determine that 100 percent or more of the number of signatures of registered voters needed to constitute 10 percent of the number of voters who voted at the last preceding general election in that county are valid until the county clerk has removed each name as requested pursuant to NRS 295.055 or 306.015. In the case of a petition for initiative or referendum that proposes a constitutional amendment or statewide measure, if the statistical sampling shows that the number of valid signatures in any petition district is 90 percent or more but less than the sum of 100 percent of the number of signatures of registered voters required for that petition district pursuant to NRS 295.012 plus the total number of requests to remove a name received by the county clerk or county clerks, if the petition district comprises more than one county, pursuant to NRS 295.055, the Secretary of State may order a county clerk to examine every signature for verification.

      3.  [Within 12 days, excluding Saturdays, Sundays and holidays, after] After the receipt of such an order, the county clerk or county clerks shall determine from the records of registration what number of registered voters have signed the petition and, if appropriate, tally those signatures by petition district. This determination must be completed within 12 days, excluding Saturdays, Sundays and holidays, after the receipt of an order regarding a petition containing signatures which are required to be verified pursuant to NRS 293.128, 295.056, 298.109, 306.035 or 306.110, and within 5 days, excluding Saturdays, Sundays and holidays, after the receipt of an order regarding a petition containing signatures which are required to be verified pursuant to NRS 293.172 or 293.200. If necessary, the board of county commissioners shall allow the county clerk additional assistants for examining the signatures and provide for their compensation. In determining from the records of registration what number of registered voters have signed the petition and in determining in which petition district the voters reside, the county clerk must use the statewide voter registration list. The county clerk may rely on the appearance of the signature and the address and date included with each signature in determining the number of registered voters that signed the petition.

      4.  Except as otherwise provided in subsection 5, upon completing the examination, the county clerk or county clerks shall immediately attach to the documents of the petition an amended certificate, properly dated, showing the result of the examination and shall immediately forward the documents with the amended certificate to the Secretary of State. A copy of the amended certificate must be filed in the county clerk’s office. In the case of a petition for initiative or referendum to propose a constitutional amendment or statewide measure, if a petition district comprises more than one county, the county clerks shall comply with the regulations adopted by the Secretary of State pursuant to this section to complete the amended certificate.

      5.  For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.200, 306.035 or 306.110 for any county, district or municipal office within one county, the county clerk shall not forward to the Secretary of State the documents containing the signatures of the registered voters.

      6.  Except for a petition to recall a county, district or municipal officer, the petition shall be deemed filed with the Secretary of State as of the date on which the Secretary of State receives certificates from the county clerks showing the petition to be signed by the requisite number of voters of the State.

 


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which the Secretary of State receives certificates from the county clerks showing the petition to be signed by the requisite number of voters of the State.

      7.  If the amended certificates received from all county clerks by the Secretary of State establish that the petition is still insufficient, the Secretary of State shall immediately so notify the petitioners and the county clerks. If the petition is a petition to recall a county, district or municipal officer, the Secretary of State shall also notify the officer with whom the petition is to be filed.

      8.  The Secretary of State shall adopt regulations to carry out the provisions of this section.

      Sec. 5. NRS 293.165 is hereby amended to read as follows:

      293.165  1.  Except as otherwise provided in NRS 293.166, a vacancy occurring in a major or minor political party nomination for a partisan office may be filled by a candidate designated by the party central committee of the county or State, as the case may be, of the major political party or by the executive committee of the minor political party subject to the provisions of subsections 3, 4 and 5.

      2.  A vacancy occurring in a nonpartisan office or nomination for a nonpartisan office after the close of filing and before 5 p.m. of the fourth Friday in [June] July of the year in which the general election is held must be filled by the person who receives or received the next highest vote for the nomination in the primary election if a primary election was held for that nonpartisan office. If no primary election was held for that nonpartisan office or if there was not more than one person who was seeking the nonpartisan nomination in the primary election, a person may become a candidate for the nonpartisan office at the general election if the person files a declaration of candidacy or acceptance of candidacy, and pays the fee required by NRS 293.193, on or after 8 a.m. on the third Monday in June and before 5 p.m. on the fourth Friday in [June.] July.

      3.  If a vacancy occurs in a major political party nomination for a partisan office after the primary election and before 5 p.m. on the fourth Friday in [June] July of the year in which the general election is held and:

      (a) The vacancy occurs because the nominee dies or is adjudicated insane or mentally incompetent, the vacancy may be filled by a candidate designated by the party central committee of the county or State, as the case may be, of the major political party.

      (b) The vacancy occurs for a reason other than the reasons described in paragraph (a), the nominee’s name must remain on the ballot for the general election and, if elected, a vacancy exists.

      4.  No change may be made on the ballot for the general election after 5 p.m. on the fourth Friday in [June] July of the year in which the general election is held. If, after that time and date:

      (a) A nominee dies or is adjudicated insane or mentally incompetent; or

      (b) A vacancy in the nomination is otherwise created,

Ê the nominee’s name must remain on the ballot for the general election and, if elected, a vacancy exists.

      5.  All designations provided for in this section must be filed on or before 5 p.m. on the fourth Friday in [June] July of the year in which the general election is held. In each case, the statutory filing fee must be paid and an acceptance of the designation must be filed on or before 5 p.m. on the date the designation is filed.

 


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      Sec. 6. NRS 293.166 is hereby amended to read as follows:

      293.166  1.  A vacancy occurring in a party nomination for the office of State Senator, Assemblyman or Assemblywoman from a legislative district comprising more than one county may be filled as follows, subject to the provisions of subsections 2, 3 and 4. The county commissioners of each county, all or part of which is included within the legislative district, shall meet to appoint a person who is of the same political party as the former nominee and who actually, as opposed to constructively, resides in the district to fill the vacancy, with the chair of the board of county commissioners of the county whose population residing within the district is the greatest presiding. Each board of county commissioners shall first meet separately and determine the single candidate it will nominate to fill the vacancy. Then, the boards shall meet jointly and the chairs on behalf of the boards shall cast a proportionate number of votes according to the percent, rounded to the nearest whole percent, which the population of its county is of the population of the entire district. Populations must be determined by the last decennial census or special census conducted by the Bureau of the Census of the United States Department of Commerce. The person who receives a plurality of these votes is appointed to fill the vacancy. If no person receives a plurality of the votes, the boards of county commissioners of the respective counties shall each as a group select one candidate, and the nominee must be chosen by drawing lots among the persons so selected.

      2.  If a vacancy occurs in a party nomination for the office of State Senator, Assemblyman or Assemblywoman from a legislative district comprising more than one county after the primary election and before 5 p.m. on the fourth Friday in [June] July of the year in which the general election is held and:

      (a) The vacancy occurs because the nominee dies or is adjudicated insane or mentally incompetent, the vacancy may be filled pursuant to the provisions of subsection 1.

      (b) The vacancy occurs for a reason other than the reasons described in paragraph (a), the nominee’s name must remain on the ballot for the general election and, if elected, a vacancy exists.

      3.  No change may be made on the ballot for the general election after 5 p.m. on the fourth Friday in [June] July of the year in which the general election is held. If, after that time and date:

      (a) A nominee dies or is adjudicated insane or mentally incompetent; or

      (b) A vacancy in the nomination is otherwise created,

Ê the nominee’s name must remain on the ballot for the general election and, if elected, a vacancy exists.

      4.  The designation of a nominee pursuant to this section must be filed with the Secretary of State on or before 5 p.m. on the fourth Friday in [June] July of the year in which the general election is held, and the statutory filing fee must be paid with the designation.

      Sec. 7. (Deleted by amendment.)

      Sec. 8. NRS 293.1715 is hereby amended to read as follows:

      293.1715  1.  The names of the candidates for partisan office of a minor political party must not appear on the ballot for a primary election.

      2.  The names of the candidates for partisan office of a minor political party must be placed on the ballot for the general election if the minor political party is qualified. To qualify as a minor political party, the minor political party must have filed a certificate of existence and be organized pursuant to NRS 293.171, must have filed a list of its candidates for partisan office pursuant to the provisions of NRS 293.1725 with the Secretary of State and:

 


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pursuant to NRS 293.171, must have filed a list of its candidates for partisan office pursuant to the provisions of NRS 293.1725 with the Secretary of State and:

      (a) At the last preceding general election, the minor political party must have polled for any of its candidates for partisan office a number of votes equal to or more than 1 percent of the total number of votes cast for the offices of Representative in Congress;

      (b) On January 1 preceding a primary election, the minor political party must have been designated as the political party on the applications to register to vote of at least 1 percent of the total number of registered voters in this State; or

      (c) Not later than the third Friday in [May] June preceding the general election, must file a petition with the Secretary of State which is signed by a number of registered voters equal to at least 1 percent of the total number of votes cast at the last preceding general election for the offices of Representative in Congress.

      3.  The name of only one candidate of each minor political party for each partisan office may appear on the ballot for a general election.

      4.  A minor political party must file a copy of the petition required by paragraph (c) of subsection 2 with the Secretary of State before the petition may be circulated for signatures.

      Sec. 9. NRS 293.172 is hereby amended to read as follows:

      293.172  1.  A petition filed pursuant to subsection 2 of NRS 293.1715 may consist of more than one document. Each document of the petition must:

      (a) Bear the name of the minor political party and, if applicable, the candidate and office to which the candidate is to be nominated.

      (b) Include the affidavit of the person who circulated the document verifying that the signers are registered voters in this State according to his or her best information and belief and that the signatures are genuine and were signed in his or her presence.

      (c) Bear the name of a county and be submitted to the county clerk of that county for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than [25] 10 working days before the last day to file the petition. A challenge to the form of a document must be made in a district court in the county that is named on the document.

      (d) Be signed only by registered voters of the county that is named on the document.

      2.  If the office to which the candidate is to be nominated is a county office, only the registered voters of that county may sign the petition. If the office to which the candidate is to be nominated is a district office, only the registered voters of that district may sign the petition.

      3.  Each person who signs a petition shall also provide the address of the place where he or she resides, the date that he or she signs and the name of the county in which he or she is registered to vote.

      4.  The county clerk shall not disqualify the signature of a voter who failed to provide all the information required by subsection 3 if the voter is registered in the county named on the document.

      Sec. 10. NRS 293.174 is hereby amended to read as follows:

      293.174  If the qualification of a minor political party to place the names of candidates on the ballot pursuant to NRS 293.1715 is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the [third] fourth Friday in June. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the [third] fourth Friday in June.

 


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proceeding resulting from the challenge must be set for hearing not more than 5 days after the [third] fourth Friday in June. A challenge pursuant to this section must be filed with the First Judicial District Court if the petition was filed with the Secretary of State. The district court in which the challenge is filed shall give priority to such proceedings over all other matters pending with the court, except for criminal proceedings.

      Secs. 11-15. (Deleted by amendment.)

      Sec. 15.5. NRS 293.200 is hereby amended to read as follows:

      293.200  1.  An independent candidate for partisan office must file with the appropriate filing officer as set forth in NRS 293.185:

      (a) A copy of the petition of candidacy that he or she intends to subsequently circulate for signatures. The copy must be filed not earlier than the January 2 preceding the date of the election and not later than [25] 10 working days before the last day to file the petition pursuant to subsection 4. The copy of the petition must be filed with the appropriate filing officer before the petition may be circulated for signatures.

      (b) Either of the following:

             (1) A petition of candidacy signed by a number of registered voters equal to at least 1 percent of the total number of ballots cast in:

                   (I) This State for that office at the last preceding general election in which a person was elected to that office, if the office is a statewide office;

                   (II) The county for that office at the last preceding general election in which a person was elected to that office, if the office is a county office; or

                   (III) The district for that office at the last preceding general election in which a person was elected to that office, if the office is a district office.

             (2) A petition of candidacy signed by 250 registered voters if the candidate is a candidate for statewide office, or signed by 100 registered voters if the candidate is a candidate for any office other than a statewide office.

      2.  The petition may consist of more than one document. Each document must bear the name of the county in which it was circulated, and only registered voters of that county may sign the document. If the office is not a statewide office, only the registered voters of the county, district or municipality in question may sign the document. The documents that are circulated for signature in a county must be submitted to that county clerk for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than [25] 10 working days before the last day to file the petition pursuant to subsection 4. Each person who signs the petition shall add to his or her signature the address of the place at which the person actually resides, the date that he or she signs the petition and the name of the county where he or she is registered to vote. The person who circulates each document of the petition shall sign an affidavit attesting that the signatures on the document are genuine to the best of his or her knowledge and belief and were signed in his or her presence by persons registered to vote in that county.

      3.  The petition of candidacy may state the principle, if any, which the person qualified represents.

      4.  Petitions of candidacy must be filed not earlier than the first Monday in March preceding the general election and not later than 5 p.m. on the [second] third Friday [after the first Monday in March.] in June.

 


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      5.  No petition of candidacy may contain the name of more than one candidate for each office to be filled.

      6.  A person may not file as an independent candidate if he or she is proposing to run as the candidate of a political party.

      7.  The names of independent candidates must be placed on the general election ballot and must not appear on the primary election ballot.

      8.  If the sufficiency of the petition of the candidacy of any person seeking to qualify pursuant to this section is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the fourth [Monday] Friday in [March.] June. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the fourth [Monday] Friday in [March.] June.

      9.  Any challenge pursuant to subsection 8 must be filed with:

      (a) The First Judicial District Court if the petition of candidacy was filed with the Secretary of State.

      (b) The district court for the county where the petition of candidacy was filed if the petition was filed with a county clerk.

      10.  The district court in which the challenge is filed shall give priority to such proceedings over all other matters pending with the court, except for criminal proceedings.

      11.  An independent candidate for partisan office must file a declaration of candidacy with the appropriate filing officer and pay the fee required by NRS 293.193 not earlier than the first Monday in March of the year in which the election is held nor later than 5 p.m. on the second Friday after the first Monday in March.

      Sec. 16. (Deleted by amendment.)

      Sec. 17. NRS 293.260 is hereby amended to read as follows:

      293.260  1.  Where there is no contest of election for nomination to a particular office, neither the title of the office nor the name of the candidate may appear on the ballot [.] at the primary election.

      2.  [If more than one major political party has candidates for a particular office, the persons who receive the highest number of votes at the primary elections must be declared the nominees of those parties for the office.

      3.  If only one major political party has candidates for a particular office and a minor political party has nominated a candidate for the office or an independent candidate has filed for the office, the candidate who receives the highest number of votes in the primary election of the major political party must be declared the nominee of that party and his or her name must be placed on the general election ballot with the name of the nominee of the minor political party for the office and the name of the independent candidate who has filed for the office.

      4.  If only one major political party has candidates for a particular office and no minor political party has nominated a candidate for the office and no independent candidate has filed for the office:

      (a) If there are more candidates than twice the number to be elected to the office, the names of the candidates must appear on the ballot for a primary election. Except as otherwise provided in this paragraph, the candidates of that party who receive the highest number of votes in the primary election, not to exceed twice the number to be elected to that office at the general election, must be declared the nominees for the office. If only one candidate is to be elected to the office and a candidate receives a majority of the votes in the primary election for that office, that candidate must be declared the nominee for that office and his or her name must be placed on the ballot for the general election.

 


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must be declared the nominee for that office and his or her name must be placed on the ballot for the general election.

      (b) If there are no more than twice the number of candidates to be elected to the office, the candidates must, without a primary election, be declared the nominees for the office.

      5.]If a major political party has two or more candidates for a particular office, the person who receives the highest number of votes at the primary election must be declared the nominee of that major political party for the office.

      3.  Where no more than the number of candidates to be elected have filed for nomination for:

      (a) Any partisan office, the office of judge of the Court of Appeals or the office of justice of the Supreme Court, the names of those candidates must be omitted from all ballots for a primary election and placed on all ballots for a general election;

      (b) Any nonpartisan office, other than the office of justice of the Supreme Court, office of judge of the Court of Appeals or the office of member of a town advisory board, the names of those candidates must appear on the ballot for a primary election unless the candidates were nominated pursuant to subsection 2 of NRS 293.165. If a candidate receives one or more votes at the primary election, the candidate must be declared elected to the office and his or her name must not be placed on the ballot for the general election. If a candidate does not receive one or more votes at the primary election, his or her name must be placed on the ballot for the general election; and

      (c) The office of member of a town advisory board, the candidate must be declared elected to the office and no election must be held for that office.

      [6.]4.  If there are more candidates than twice the number to be elected to a nonpartisan office, the names of the candidates must appear on the ballot for a primary election. Those candidates who receive the highest number of votes at that election, not to exceed twice the number to be elected, must be declared nominees for the office.

      Secs. 18-20. (Deleted by amendment.)

      Sec. 21. NRS 293.368 is hereby amended to read as follows:

      293.368  1.  Except as otherwise provided in subsection 4 of NRS 293.165, if a candidate on the ballot at a primary election dies after 5 p.m. of the second Tuesday in April, the deceased candidate’s name must remain on the ballot and the votes cast for the deceased candidate must be counted in determining the nomination for the office for which the decedent was a candidate.

      2.  If the deceased candidate on the ballot at the primary election receives the number of votes required to receive the nomination to the office for which he or she was a candidate, except as otherwise provided in subsection 2 of NRS 293.165, the deceased candidate shall be deemed nominated and the vacancy in the nomination must be filled as provided in NRS 293.165 or 293.166. If the deceased person was a candidate for a nonpartisan office, the nomination must be filled pursuant to subsection 2 of NRS 293.165.

      3.  Whenever a candidate whose name appears upon the ballot at a general election dies after 5 p.m. on the fourth Friday in [June] July of the year in which the general election is held, the votes cast for the deceased candidate must be counted in determining the results of the election for the office for which the decedent was a candidate.

 


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candidate must be counted in determining the results of the election for the office for which the decedent was a candidate.

      4.  If the deceased candidate on the ballot at the general election receives the majority of the votes cast for the office, the deceased candidate shall be deemed elected and the office to which he or she was elected shall be deemed vacant at the beginning of the term for which he or she was elected. The vacancy thus created must be filled in the same manner as if the candidate had died after taking office for that term.

      Secs. 22-31. (Deleted by amendment.)

________

CHAPTER 526, AB 77

Assembly Bill No. 77–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 526

 

[Approved: June 10, 2015]

 

AN ACT relating to state governmental administration; revising certain provisions governing district boards of agriculture, agricultural associations and the operation of a state fair or regional fair in this State; making various changes to provisions governing noxious weeds; revising certain provisions governing public sales of livestock and licenses for the operation of public livestock auctions; authorizing the issuance of a free-sale certificate for an agricultural product under certain circumstances; requiring a person to register as a produce vendor under certain circumstances; requiring the State Sealer of Consumer Equitability to take certain actions concerning cash registers and to establish civil penalties for certain tests of nonconforming point-of-sale systems and cash registers; revising certain provisions governing the inspection of meat and poultry, pesticides and the sale of antifreeze; repealing and reenacting, without substantive change, provisions relating to the cleanup of discharged petroleum; repealing provisions relating to dangerous caustic or corrosive acids, alkalis and other substances; authorizing the imposition of a civil penalty for certain violations relating to apiaries, quarantines, noxious weeds and meat, fish, produce, poultry and eggs; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law regulates the formation and powers of district boards of agriculture. (Chapter 547 of NRS) Existing law provides that the eight members of the district boards must be divided into different classes to provide for staggered terms. (NRS 547.040) Sections 1 and 3 of this bill delete those provisions. Existing law requires the district boards of agriculture to organize annual fairs or exhibitions of the industries in their districts, and that counties may appropriate not more than $1,500 from their general funds to aid in this effort. (NRS 547.110, 547.120, 547.140) Sections 4-6 of this bill make these fairs optional and increase the allowable county

 


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appropriation to not more than $150,000 in any 1 year. Existing law requires that an annual mineral industries exhibition be held in Ely, Nevada. (NRS 551.010) Section 9 of this bill renames this exhibition, makes it optional and removes the requirement that it be held in Ely. Section 8 of this bill authorizes the State Department of Agriculture to hold a state fair once a year. Sections 10-12 of this bill place the control of the apiary industry under the Director of the Department. Sections 13-21 of this bill revise punitive provisions relating to quarantines of agricultural products, increasing penalties and providing for civil penalties. Sections 22 and 40 of this bill revise the definitions of “pest” and “pesticide” as those definitions relate to the control of pests and weeds. Section 23 of this bill authorizes the Director to adopt a program certifying certain agricultural products as being free of noxious weeds. Sections 30-35 of this bill replace references to the eradication, removal or destruction of weeds with the term “control.” Sections 36, 39 and 43 of this bill replace criminal penalties relating to the control of weeds with civil penalties. Sections 103-105 of this bill place the proceeds of those taxes solely under the control of the State Controller and adjust the amount of the proceeds that may be spent on advancing the interests of the sheep industry. Sections 108-113 of this bill revise provisions for the licensing of persons operating public livestock auctions to increase the amounts of surety bonds and available credit, provide for financial audits and increase fines for violations. Section 125 of this bill requires sellers of certain farm products to register as produce vendors. Sections 127 and 128 of this bill remove requirements for agricultural brokers, dealers, commission merchants and agents to disclose arrests and civil suits during the application process and to show good character. Section 136 of this bill requires the State Sealer of Consumer Equitability to conduct random inspections of point-of-sale systems and cash registers and to adopt regulations establishing a schedule of civil penalties concerning point-of-sale systems and cash registers that are not in compliance with certain requirements. Existing law prohibits the sale of spoiled or diseased meat, fish, produce and poultry in any city or town. (NRS 583.010, 583.060, 583.070) Sections 142, 149 and 150 of this bill expand this prohibition to include any location in the State. Sections 145, 151, 157, 159, 165 and 166 of this bill replace references to the Department of Health and Human Services with the State Department of Agriculture. Sections 144, 147, 151, 152, 161, 163 and 164 of this bill revise the punitive provisions governing the regulation of meat, fish, produce, poultry and eggs. Sections 191 and 193 of this bill replace the criminal provisions governing pesticides with civil penalties. Sections 68-94 of this bill reenact in chapter 445C of NRS, without substantive change, provisions currently in chapter 590 of NRS which relate to the cleanup of discharged petroleum and which are repealed by section 210 of this bill. Section 96.5 of this bill reenacts in chapter 446 of NRS, without substantive change, a provision currently in chapter 583 of NRS which relates to the sale of diseased animal flesh or a container containing shellfish which has not been stamped as approved and which is repealed by section 210 of this bill. The purpose of repealing and reenacting these provisions is to move the provisions, without substantive change, from one chapter in NRS to another chapter in NRS. Section 210 of this bill also repeals provisions dealing with mineral content in fertilizer. Section 194 of this bill authorizes the Director to adopt certain national standards concerning fertilizer. Section 198 of this bill revises punitive provisions governing fertilizer. Existing law requires used and recycled oil to be clearly labelled on the package. (NRS 590.060) Section 201 of this bill requires bulk deliveries of used or recycled oil to be clearly identified on the receipt. Section 202 of this bill revises the testing procedures for motor oil viscosity. Section 204 of this bill removes the requirement for the State Sealer of Consumer Equitability to inspect antifreeze before the antifreeze is sold, but requires the State Sealer of Consumer Equitability to issue a license authorizing its sale if it is in compliance with certain standards.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 547.040 is hereby amended to read as follows:

      547.040  1.  Not later than 10 days after an agricultural association is formed within an agricultural district listed in NRS 547.010 pursuant to the provisions of this chapter:

      (a) The Governor, if the agricultural district is composed of more than one county, shall appoint eight persons who are residents of the agricultural district and who are members of the agricultural association to be members of the district board of agriculture for the agricultural district; or

      (b) The board of county commissioners, if the agricultural district constitutes a single-county agricultural district, shall appoint eight persons who are residents of the agricultural district to be members of the district board of agriculture for the agricultural district.

      2.  Within 10 days after their appointment, the persons so appointed shall meet at a place within the agricultural district and organize by the election of:

      (a) One of their number as president of the district board of agriculture and the agricultural association, who shall hold the office of president for 1 year and until his or her successor is elected.

      (b) A secretary and a treasurer.

      [3.  At the same meeting the members of the district board of agriculture shall, by lot or otherwise, classify themselves into four classes of two members each. The terms of office of:

      (a) The first class expire:

             (1) At the end of the first fiscal year if the member was appointed to a district board of agriculture for an agricultural district whose population is 100,000 or more as determined by the population of the county or counties that compose the district; or

             (2) On December 31 of the first fiscal year if the member was appointed to a district board of agriculture for an agricultural district whose population is less than 100,000 as determined by the population of the county or counties that compose the district.

      (b) The second class expire:

             (1) At the end of the second fiscal year if the member was appointed to a district board of agriculture for an agricultural district whose population is 100,000 or more as determined by the population of the county or counties that compose the district; or

             (2) On December 31 of the second fiscal year if the member was appointed to a district board of agriculture for an agricultural district whose population is less than 100,000 as determined by the population of the county or counties that compose the district.

      (c) The third class expire:

             (1) At the end of the third fiscal year if the member was appointed to a district board of agriculture for an agricultural district whose population is 100,000 or more as determined by the population of the county or counties that compose the district; or

             (2) On December 31 of the third fiscal year if the member was appointed to a district board of agriculture for an agricultural district whose population is less than 100,000 as determined by the population of the county or counties that compose the district.

 


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whose population is less than 100,000 as determined by the population of the county or counties that compose the district.

      (d) The fourth class expire:

             (1) At the end of the fourth fiscal year if the member was appointed to a district board of agriculture for an agricultural district whose population is 100,000 or more as determined by the population of the county or counties that compose the district; or

             (2) On December 31 of the fourth fiscal year if the member was appointed to a district board of agriculture for an agricultural district whose population is less than 100,000 as determined by the population of the county or counties that compose the district.]

      Sec. 2. NRS 547.050 is hereby amended to read as follows:

      547.050  When any district board of agriculture is [classified and] organized as provided in NRS 547.040, the secretary of the board shall report such [classification and] organization to:

      1.  The State Department of Agriculture; and

      2.  Its appointing authority.

      Sec. 3. NRS 547.060 is hereby amended to read as follows:

      547.060  1.  [Except as otherwise provided in subsection 3 of NRS 547.040, each] Each member of a district board of agriculture must be appointed for a term of 4 years. [The term begins on:

      (a) July 1, if the member was appointed to a district board of agriculture for an agricultural district whose population is 100,000 or more as determined by the population of the county or counties that compose the district; or

      (b) January 1, if the member was appointed to a district board of agriculture for an agricultural district whose population is less than 100,000 as determined by the population of the county or counties that compose the district.]

      2.  The secretary shall report any vacancy which may occur in the district board of agriculture to its appointing authority as specified in NRS 547.040, and the vacancy must be filled by appointment for the unexpired term.

      3.  The incumbent members of the district board of agriculture may submit to the appointing authority for consideration a list of nominees for appointment to fill any vacancy on the board.

      Sec. 4. NRS 547.110 is hereby amended to read as follows:

      547.110  The district board of agriculture [shall] may provide for [an annual] a fair or exhibition by the agricultural association of [all] the industries and industrial products in the agricultural district, at such time and place as the board may deem advisable, but:

      1.  No district fair shall be held in any of the districts at the same time as the state fair; and

      2.  The State shall in no event be liable for any premium offered, or award, or for any debt contracted by any district board of agriculture or agricultural association.

      Sec. 5. NRS 547.120 is hereby amended to read as follows:

      547.120  For the purpose of aiding each and any agricultural association formed under the provisions of this chapter within any county or counties in successfully carrying out the purposes for which it has been organized, which association [shall annually] may hold, within any county or counties comprising the agricultural district, a fair or exhibition, the boards of county commissioners of the several counties are authorized to appropriate any money or moneys out of the general fund of their respective counties to aid any such agricultural association composing any agricultural district of which the county or counties may be a part.

 


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commissioners of the several counties are authorized to appropriate any money or moneys out of the general fund of their respective counties to aid any such agricultural association composing any agricultural district of which the county or counties may be a part.

      Sec. 6. NRS 547.140 is hereby amended to read as follows:

      547.140  1.  Except as otherwise provided in subsection 2, if two or more counties are included in and comprise an agricultural district, the boards of county commissioners of such counties are authorized to appropriate, out of the general fund of such counties, such money for the encouragement of such agricultural associations as the boards may, in their judgment, deem just and proper.

      2.  In no case may an appropriation described in subsection 1 exceed the sum of [$1,500] $150,000 in any 1 year, unless the money so appropriated was obtained from the proceeds of a tax imposed pursuant to chapter 377A of NRS.

      Sec. 7. NRS 547.160 is hereby amended to read as follows:

      547.160  1.  When the boards of county commissioners of the counties constituting and comprising the agricultural district shall determine and allow the amount to be appropriated [annually] for the purposes mentioned in NRS 547.130, the same shall be paid as other bills against the county are paid.

      2.  All warrants drawn pursuant to the provisions of this section shall be made payable to the order of the president of the district board of agriculture of such agricultural association, or in the case of the president’s absence or inability to serve, such warrants shall be made payable to the order of a member of the district board of agriculture as such board shall, by a majority vote thereof, determine and direct.

      Sec. 8. Chapter 551 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in NRS 547.110, the State Department of Agriculture may operate or authorize the operation of any state fair or regional fair in this State.

      2.  The Director of the Department must determine the venue and frequency of any state fair or regional fair, except that a state fair or regional fair may not be held more frequently than once each calendar year.

      Sec. 9. NRS 551.010 is hereby amended to read as follows:

      551.010  1.  A statewide mining, petroleum and industrial exhibition, to be known as the Nevada [Fair of] Mineral [Industries, shall be held at Ely, Nevada, annually,] Exhibition, may be held under the administration of [the District Board of Agriculture of Agricultural District No. 13,] a district board of agriculture and may, at the discretion of the [Board,] board, be held in connection with an agricultural district exhibition to include other fields of endeavor.

      2.  [In addition to its other responsibilities, the Agricultural District shall use all suitable means to] An agricultural district may collect and disseminate [, throughout the State,] information [calculated to educate and benefit] regarding the mineral industries within the State of Nevada, including the petroleum industry.

 


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      Sec. 10. Chapter 552 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department has control of all matters pertaining to the apiary industry in this State.

      2.  The Director may adopt regulations to carry out the provisions of this chapter.

      3.  The Director may, after notice and an opportunity for a hearing, impose a civil penalty of not more than $500 for each violation of this chapter.

      4.  Any money collected from the imposition of a civil penalty pursuant to subsection 3 must be accounted for separately and:

      (a) Fifty percent of the money must be used to fund a program selected by the Director that provides loans to persons who are engaged in agriculture and who are 21 years of age or younger; and

      (b) The remaining 50 percent of the money must be deposited in the Account for the Control of Weeds established by NRS 555.035.

      Sec. 11. NRS 552.170 is hereby amended to read as follows:

      552.170  If the owner or person in possession of an apiary neglects or refuses to comply with an order issued under NRS 552.160, the Department may [refer the facts to the appropriate district attorney for prosecution under NRS 552.300, and may] authorize the inspector or other agent to abate the nuisance by the method prescribed in the order.

      Sec. 12. NRS 552.280 is hereby amended to read as follows:

      552.280  It shall be unlawful for the owner, owners, lessee, lessees, agent or caretaker of any apiary, including appliances, structures, buildings and honey, wherein disease exists, to move or distribute any diseased bees, whether they are queens or workers, colonies, honeycombs, appliances or structures beyond the already established boundaries of such apiary wherein disease exists without written permission from the [Chief Inspector or the Chief Inspector’s deputies so to do.] Director or his or her designee.

      Sec. 13.  Chapter 554 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any criminal penalty imposed pursuant to this chapter, any person violating any provision of this chapter or any regulation adopted pursuant thereto is subject to a civil penalty not to exceed:

      (a) For the first violation, $1,500;

      (b) For a second violation, $3,000; and

      (c) For each subsequent violation, $5,000.

      2.  If a defendant is convicted of violating any provision of this chapter or any regulation adopted pursuant thereto, the court shall order the defendant to pay a civil penalty pursuant to subsection 1. The court shall fix the manner and time of payment.

      3.  Any money collected from the imposition of a civil penalty pursuant to this section must be accounted for separately and:

      (a) Fifty percent of the money must be used to fund a program selected by the Director of the State Department of Agriculture that provides loans to persons who are engaged in agriculture and who are 21 years of age or younger; and

      (b) The remaining 50 percent of the money must be deposited in the Account for the Control of Weeds established by NRS 555.035.

 


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      Sec. 14. NRS 554.020 is hereby amended to read as follows:

      554.020  1.  The State Quarantine Officer may proclaim and enforce a quarantine against any state, territory or district, or any portion of any state, territory or district, relating to the importation into or transportation through this State of any agricultural commodity, burlap, container or other packing material that:

      (a) Is infected with, or which may have been exposed to infection with, any contagious or destructive disease, or infested with or exposed to infestation with a parasite, noxious weed, weed seed, propagating part of a plant, or vertebrate or invertebrate pest, or the eggs or larvae thereof; and

      (b) Is dangerous to:

             (1) The public health or quality of any water in this State; or

             (2) Any wildlife, beneficial use of land in or industry of this State.

      2.  A quarantine must not be issued pursuant to the provisions of NRS 554.020 to [554.090,] 554.080, inclusive, if the issuance of the quarantine will conflict with the provisions of the Constitution of the United States or any act of the Congress of the United States.

      3.  The quarantine remains effective until vacated by an order of the State Quarantine Officer.

      Sec. 15. NRS 554.030 is hereby amended to read as follows:

      554.030  1.  Any quarantine issued under the provisions of NRS 554.020 to [554.090,] 554.080, inclusive, may:

      (a) Consist of a complete embargo against the importation into or transportation through the State of any agricultural commodity so quarantined against; or

      (b) Provide for the importation into or transportation through the State of such agricultural commodity under such rules and regulations as may be set forth and prescribed in the quarantine at the time the same is issued.

      2.  Any quarantine issued under the provisions of NRS 554.020 to [554.090,] 554.080, inclusive, shall remain fully in force and effect until dissolved or modified by the State Quarantine Officer, provided:

      (a) That the State Quarantine Officer may amend from time to time any quarantine so issued; and

      (b) That any such amendments shall be general in their application and shall not apply to any individual shipment or importation.

      Sec. 16. NRS 554.040 is hereby amended to read as follows:

      554.040  When a quarantine is declared as provided in NRS 554.020 to [554.090,] 554.080, inclusive, against the importation into or transportation through this State of any agricultural commodity from any other state, territory or district, or any portion or portions thereof, a certified copy of such quarantine shall be personally delivered by the State Quarantine Officer or the State Quarantine Officer’s representative, or mailed by certified or registered mail, to each of the following:

      1.  The governor or the proper quarantine official of such state, territory or district.

      2.  The United States quarantine official having jurisdiction over the same character of quarantine.

      3.  The state agent or other qualified official of any interstate railroad, express company or other common carrier doing business within this State.

      Sec. 17. NRS 554.050 is hereby amended to read as follows:

      554.050  1.  The State Quarantine Officer is designated the authority to administer NRS 554.020 to [554.090,] 554.080, inclusive.

 


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      2.  Insofar as practicable, the State Quarantine Officer, in carrying out the provisions of NRS 554.020 to [554.090,] 554.080, inclusive, shall cooperate with the federal authorities and the quarantine officials of the several states, territories and districts.

      Sec. 18. NRS 554.060 is hereby amended to read as follows:

      554.060  1.  Any agricultural commodity imported into or being transported through this State in violation of any quarantine issued pursuant to the provisions of NRS 554.020 to [554.090,] 554.080, inclusive, must be immediately seized by the State Quarantine Officer or the State Quarantine Officer’s authorized representative and treated in a manner approved by the State Quarantine Officer, or destroyed or sent out of the State within 48 hours, at the option and expense of the owner thereof.

      2.  If an agricultural commodity is seized by the State Quarantine Officer pursuant to the provisions of subsection 1 and the movement of the agricultural commodity to a point outside of the State would further endanger:

      (a) The public health or quality of any water in this State; or

      (b) Any wildlife, beneficial use of land in or industry of this State,

Ê the agricultural commodity seized by the State Quarantine Officer must be destroyed as provided in subsection 1.

      Sec. 19. NRS 554.070 is hereby amended to read as follows:

      554.070  It shall be unlawful for any railroad, express company or other common carrier, or any person or persons, to import into or transport through the State of Nevada any agricultural commodity in violation of the provisions of NRS 554.020 to [554.090,] 554.080, inclusive, or to make delivery of any such commodity to any person or persons within the limits of this State.

      Sec. 20. NRS 554.080 is hereby amended to read as follows:

      554.080  In any criminal proceeding arising under NRS 554.020 to [554.090,] 554.080, inclusive, proof that any commodity, prohibited by proclamation of quarantine from importation into or transportation through this State, was imported into or transported through this State in violation of such quarantine shall be deemed proof within the meaning of NRS 554.020 to [554.090,] 554.080, inclusive, that the same was diseased, exposed to disease or infested, or exposed to infestation.

      Sec. 21. NRS 554.240 is hereby amended to read as follows:

      554.240  [Any] Except as otherwise provided in NRS 554.140 and 554.190, any person [, or any officer, agent or employee of any corporation, who shall export, or who shall assist in exporting, as a principal or accessory, any agricultural commodity forbidden to be exported by any proclamation of quarantine shall be] who violates any provision of this chapter is guilty of a gross misdemeanor [.] and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $5,000, or by both fine and imprisonment. The prosecuting attorney and the State Department of Agriculture may recover the costs of the proceeding, including investigative costs, against a person convicted of a gross misdemeanor pursuant to this section.

      Sec. 22. NRS 555.005 is hereby amended to read as follows:

      555.005  As used in this chapter, unless the context requires otherwise:

      1.  “Department” means the State Department of Agriculture.

      2.  “Director” means the Director of the Department.

 


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      3.  “Noxious weed” means any species of plant which is, or is likely to be, a public nuisance, detrimental or destructive and difficult to control . [or eradicate.]

      4.  “Pest” means any form of animal or vegetable life detrimental to the crops, horticulture, livestock, public health, wildlife, quality of water and beneficial uses of land in this State, including, without limitation, any insect, snail, nematode, fungus, virus, bacterium, microorganism, mycoplasma, weed, parasitic plant or any other plant that is normally considered to be a pest of cultivated plants, uncultivated plants, agricultural commodities, horticultural products or nursery stock, or that the Director declares to be a pest.

      5.  “Vertebrate pest” means any animal of the subphylum Vertebrata, except predatory animals, which is normally considered to be a pest, including a gopher, ground squirrel, rat, mouse, starling, blackbird and any other animal which the Director may declare to be a pest.

      Sec. 23. NRS 555.010 is hereby amended to read as follows:

      555.010  Within the limits of any appropriation made by law [, the] :

      1.  The Director may:

      [1.](a) Investigate the prevalence of; and

      [2.](b) Take the necessary action to control,

Ê vertebrate and invertebrate pests of plants and animals, plant diseases, physiological plant disorders and noxious weeds for the protection of the crops, livestock, public health, wildlife, water quality and beneficial uses of land in the State of Nevada.

      2.  The Director may, by regulation, establish and administer a program to certify agricultural products as being free from noxious weeds to support the control and prevention of the spread of noxious weeds in this State and to allow businesses in this State to market those products in compliance with any applicable federal law or regulation or any other requirement specified by the Director.

      Sec. 24. NRS 555.100 is hereby amended to read as follows:

      555.100  1.  The Department shall, if necessary or if a complaint is made to the Department, cause an inspection to be conducted of any premises, land, means of conveyance or article of any person in this State [, and] if it is found to be infested with any pest , noxious weed or plant disease that is injurious to:

      (a) The public health or quality of any water in this State; or

      (b) Any wildlife, beneficial use of land or agriculture in this State . [,

Ê the]

      2.  The Department may provide a written notice of its findings to the owner or occupant of the premises, land, means of conveyance or article and require the owner or occupant to control [, treat or eradicate] the pest , noxious weed or plant disease in the manner and within the period specified in the notice.

      [2.] 3.  A notice issued pursuant to the provisions of subsection [1:] 2:

      (a) May be served upon the owner or occupant by an officer or employee of the Department; and

      (b) Must be served in writing, by certified mail or personally, with receipt given therefor.

      Sec. 25. NRS 555.110 is hereby amended to read as follows:

      555.110  1.  Any premises found to be infested with any pest , noxious weed or plant disease is hereby adjudged and declared to be a public nuisance.

 


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nuisance. If such a nuisance exists at any place within the jurisdiction of the Department and the owner or occupant of the premises, after notification, refuses or neglects to abate the nuisance within the period specified, the Department shall cause the nuisance to be abated at once by [eradicating or] controlling pests , noxious weeds or plant diseases in a manner to be determined by the Department.

      2.  The expense thereof must be paid from any money made available to the Department by direct legislative appropriation or otherwise.

      Sec. 26. NRS 555.120 is hereby amended to read as follows:

      555.120  1.  All sums paid by the Department constitute a lien on the property and premises from which the nuisance has been removed or abated pursuant to NRS 555.100 and 555.110, and may be recovered by an action against that property and premises.

      2.  A notice of lien must be filed and recorded in the office of the county recorder of the county in which the property and premises are situated within 30 days after the right to liens has accrued.

      3.  An action to foreclose a lien may be commenced at any time within 1 year after the filing and recording of the notice of lien, which action must be brought in the proper court by the district attorney of the county in the name and for the benefit of the Department.

      4.  If the property is sold, enough of the proceeds must be paid to the Department to satisfy the lien and costs, and the [overplus,] balance remaining, if any, must be paid to the owner of the property if the owner is known, and if not, into the Court for the owner’s use when ascertained. All sales under the provisions of this section and NRS 555.100 and 555.110 must be made in the same manner and upon the same notice as sales of real property under execution from a Justice Court.

      Sec. 27. NRS 555.125 is hereby amended to read as follows:

      555.125  1.  If it appears that an area has or is likely to become infested with a pest which cannot be practically [eradicated or] controlled except by the means provided in this section, the Department shall hold a public hearing to determine the necessity of declaring a time during which or an area in which plants capable of acting as hosts for the pest may not be planted, grown, cultivated, maintained or allowed to exist.

      2.  Notice of the hearing must be given to all growers of the host plants within the area and must specify:

      (a) The time and place of the hearing.

      (b) The host plant.

      (c) The pest.

      (d) The purpose of the hearing.

      3.  If, after the hearing, the Department determines that the pest cannot otherwise be practically [eradicated or] controlled, the Department shall issue an order prescribing a time during which or an area in which the host plants may not be planted, grown, cultivated, maintained or allowed to exist, and requiring owners or occupiers of property upon which the host plants exist to [eradicate] control the plants.

      4.  If the owner or occupant neglects or refuses to [eradicate] control the plants, the Department may do so in the manner prescribed by NRS 555.110.

      5.  Any person violating such an order is [guilty of a misdemeanor.] subject to a civil penalty pursuant to NRS 555.201.

 


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      Sec. 28. NRS 555.130 is hereby amended to read as follows:

      555.130  [The]

      1.  Except as otherwise provided in subsection 2, the State Quarantine Officer may declare by regulation the weeds of the state that are noxious weeds, but a weed must not be designated as noxious which is already introduced and established in the State to such an extent as to make its control [or eradication] impracticable in the judgment of the State Quarantine Officer.

      2.  The State Quarantine Officer may temporarily designate a weed as a noxious weed if he or she determines that immediate control of the weed is necessary. A temporary designation expires 18 months after the State Quarantine Officer makes the designation.

      Sec. 29. NRS 555.140 is hereby amended to read as follows:

      555.140  1.  The State Quarantine Officer shall carry out and enforce the provisions of NRS 555.130 to 555.220, inclusive.

      2.  To secure information better to carry out the provisions of NRS 555.130 to 555.220, inclusive, the State Quarantine Officer may conduct reasonably limited trials of various methods of controlling [or eradicating] noxious or potentially noxious weeds under practical Nevada conditions.

      3.  The State Quarantine Officer may provide supervision and technical advice in connection with any project approved by him or her for the control [or eradication] of any noxious weed or weeds in this State.

      4.  All funds appropriated for, or received incident to, the control [or eradication] of any noxious weeds must be available for carrying out the provisions of NRS 555.130 to 555.220, inclusive.

      Sec. 30. NRS 555.150 is hereby amended to read as follows:

      555.150  Every railroad, canal, ditch or water company, and every person owning, controlling or occupying lands in this State, and every county, incorporated city or district having the supervision and control over streets, alleys, lanes, rights-of-way, or other lands, shall [cut, destroy or eradicate] control all weeds declared and designated as noxious as provided in NRS 555.130 [, before such weeds propagate and spread,] in any manner specified by and whenever required by the State Quarantine Officer.

      Sec. 31. NRS 555.160 is hereby amended to read as follows:

      555.160  1.  The State Quarantine Officer shall make or cause to be made a careful examination and investigation of the spread, development and growth of noxious weeds in this State. Upon the discovery of those weeds, the State Quarantine Officer shall ascertain the name of the owner or occupant of the land and the description of the land where the weeds are found. The State Quarantine Officer may serve notice in writing upon the owner or occupant of the land to [cut, eradicate or destroy] control the weeds within such time and in such manner as designated and described in the notice. One such notice shall be deemed sufficient for the entire season of weed growth during that year.

      2.  Notices may be served upon the owner or occupant by an officer or employee of the Department, and must be served in writing, personally or by certified mail, with receipt given therefor.

      Sec. 32. NRS 555.170 is hereby amended to read as follows:

      555.170  1.  If any owner or occupant of the lands described in the notice served, as provided in NRS 555.160, shall fail, neglect or refuse to [cut, destroy or eradicate] control the weeds designated, upon the land described, in accordance with the requirements of the notice, the State Quarantine Officer may notify the board of county commissioners of the county or counties in which the land is located of such failure, neglect or refusal.

 


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Quarantine Officer may notify the board of county commissioners of the county or counties in which the land is located of such failure, neglect or refusal.

      2.  Upon notice as provided in subsection 1, the board of county commissioners concerned shall proceed to [have cut, destroyed or eradicated] control the weeds in question in accordance with the requirements of the notice served upon the owner or occupant of the land in question, paying for such [cutting, destruction or eradication] control out of county funds.

      3.  Upon the completion of [such work of cutting, destruction or eradication of such] the work of controlling the weeds, the board of county commissioners shall prepare in triplicate itemized statements of all expenses incurred in [the cutting, destruction or eradication of] controlling the weeds involved, and shall deliver the three copies of the statements to the county treasurer within 10 days of the date of the completion of the work involved.

      Sec. 33. NRS 555.180 is hereby amended to read as follows:

      555.180  1.  Upon receipt of the itemized statements of the cost of [cutting, destroying or eradication of such] controlling the weeds [,] pursuant to NRS 555.170, the county treasurer shall forthwith mail one copy to the owner or occupant of the land on which the weeds were [cut, destroyed or eradicated,] controlled, together with a statement that objections may be made to the whole or any part of the statement so filed to the board of county commissioners within 30 days. A hearing may be had upon any objections made.

      2.  If any objections to any statement are filed with the board of county commissioners, the board shall set a date for a hearing, giving due notice thereof, and upon the hearing fix and determine the actual cost of [cutting, destroying or eradicating] controlling the weeds and report its findings to the county treasurer.

      3.  If no objections to the items of the accounts so filed are made within 30 days [of] after the date of mailing the itemized statement, the county treasurer shall enter the amount of such statement upon his or her tax roll in a column prepared for that purpose; and within 10 days [from] after the date of the action of the board of county commissioners upon objections filed, the county treasurer shall enter the amount found by the board of county commissioners as the actual cost of [cutting, destroying or eradicating] controlling the weeds in the prepared column upon the tax roll.

      4.  If current tax notices have been mailed, the costs may be carried over on the rolls to the year following. The costs incurred shall be a lien upon the land from which the weeds were [cut, destroyed or eradicated,] controlled, and shall be collected as provided by law for the collection of other liens.

      Sec. 34. NRS 555.190 is hereby amended to read as follows:

      555.190  Any expense incurred by any county in [the cutting, destroying or eradicating of] controlling noxious weeds from any street, lane, alley or other property owned or controlled by an incorporated city in that city, in accordance with the provisions of NRS 555.170, must be repaid to the county from the general fund of the incorporated city, upon presentation to the governing body of the incorporated city of an itemized statement of the expense so incurred.

      Sec. 35. NRS 555.200 is hereby amended to read as follows:

      555.200  1.  Whenever a noxious weed is found growing upon the public domain or any other lands in this State owned by the Federal Government, the State Quarantine Officer may serve notice, as provided in NRS 555.160, upon the person within the county or this State who is in charge of the activities of the federal agency having control or jurisdiction of the land.

 


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Government, the State Quarantine Officer may serve notice, as provided in NRS 555.160, upon the person within the county or this State who is in charge of the activities of the federal agency having control or jurisdiction of the land.

      2.  If the agency described in the notice fails or refuses to comply with the notice, the State Quarantine Officer may provide for the [cutting, destruction or eradication] control of the weeds in any manner permitted by federal law. The State Quarantine Officer or the political subdivision shall seek reimbursement from the Federal Government for any expense incurred by the State or the political subdivision pursuant to this section.

      Sec. 36. NRS 555.201 is hereby amended to read as follows:

      555.201  Any person violating any of the provisions of NRS 555.130 to 555.200, inclusive, or failing, refusing or neglecting to perform or observe any conditions or regulations prescribed by the State Quarantine Officer, in accordance with the provisions of NRS 555.130 to 555.200, inclusive, is [guilty of a misdemeanor.] subject to a civil penalty not to exceed:

      1.  For the first violation, $250.

      2.  For a second violation, $500.

      3.  For each subsequent violation, $1,000.

      Sec. 37. NRS 555.203 is hereby amended to read as follows:

      555.203  1.  The board of county commissioners of any county may, in accordance with chapter 308 of NRS, create one or more weed control districts in that portion of the county which lies outside any incorporated city. Creation of such a district may be initiated by the board of county commissioners or by a petition which:

      (a) Designates the area to be included in the weed control district, either as the entire unincorporated area of the county or by sections or parts of sections with appropriate township and range references; and

      (b) Is signed by an owner of land within the proposed weed control district.

      2.  Lands proposed for inclusion in a weed control district need not be contiguous.

      3.  Before creating a weed control district, the board of county commissioners shall:

      (a) Hold at least one public hearing pursuant to NRS 308.070. At this hearing, the board of county commissioners shall entertain applications for the exclusion of lands, designated by sections or parts of sections as prescribed in subsection 1, from the proposed district, if any such application is made. The board of county commissioners shall exclude any such lands as to which it is shown to their satisfaction that any weeds which exist on that land do not render substantially more difficult the control of weeds on other lands in the proposed district.

      (b) Provide for the hearing of protests against the establishment of the district in the manner set forth in NRS 318.065 and 318.070.

      4.  The board of trustees of a general improvement district may, in accordance with NRS 318.077, add to the basic powers of the district the control [and eradication] of noxious weeds.

      Sec. 38. NRS 555.208 is hereby amended to read as follows:

      555.208  1.  The board of directors of a weed control district or the board of county commissioners of any county having lands situated in a weed control district or proposed for inclusion in such a district may request that the State Board of Agriculture review any action taken by the board of county commissioners of a county, or the board of directors of the district, in connection with the creation of the district or a change in the boundaries of the district.

 


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county commissioners of a county, or the board of directors of the district, in connection with the creation of the district or a change in the boundaries of the district.

      2.  Upon receiving such a request the State Board of Agriculture shall, after notice and opportunity for a hearing, affirm or reverse the action. The decision of the State Board of Agriculture is a final decision for purposes of judicial review.

      3.  This section does not limit the right of any landowner to seek judicial review of actions taken by a board of directors or a board of county commissioners in connection with the creation of a district or a change in the boundaries of a district.

      4.  A landowner may seek the removal of a member of the board of directors of that district for cause. A decision of the State Board of Agriculture made pursuant to this subsection is a final decision for the purpose of judicial review.

      Sec. 39. NRS 555.220 is hereby amended to read as follows:

      555.220  Any person violating any of the provisions of NRS 555.202 to 555.210, inclusive, or failing, refusing or neglecting to perform or observe any conditions or regulations prescribed by the State Quarantine Officer, in accordance with the provisions of NRS 555.202 to 555.210, inclusive, is [guilty of a misdemeanor.] subject to a civil penalty not to exceed:

      1.  For the first violation, $250.

      2.  For a second violation, $500.

      3.  For each subsequent violation, $1,000.

      Sec. 40. NRS 555.267 is hereby amended to read as follows:

      555.267  “Pesticide” [means:] includes, without limitation:

      1.  Any substance or mixture of substances, including any living organisms or any product derived therefrom or any fungicide, herbicide, insecticide, nematocide or rodenticide, intended to prevent, destroy, control, repel, attract or mitigate any insect, rodent, nematode, snail, slug, fungus and weed and any other form of plant or animal life or virus, except virus on or in a living human or other animal, which is normally considered to be a pest or which the Director declares to be a pest.

      2.  Any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant, and any other substances intended for that use as are named by the Director by regulation.

      Sec. 41. NRS 555.2695 is hereby amended to read as follows:

      555.2695  “Wildlife” means all living things that are neither human, domesticated [,] nor [, as defined in NRS 555.2665,] pests, including but not limited to mammals, birds and aquatic life.

      Sec. 42. NRS 555.310 is hereby amended to read as follows:

      555.310  1.  The Director shall collect from each person applying for the examination or reexamination a testing fee established by regulation of the [State Board of Agriculture.] Director.

      2.  [Upon the successful completion of the testing, the] The Director shall, before the license is issued, collect from each person applying for a license for pest control an annual fee established by regulation of the [State Board of Agriculture.] Director. Any [company or] person employing primary principals, principals, operators or agents shall pay to the Director a fee established by regulation of the [Board] Director for each primary principal, principal, operator or agent licensed.

 


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      Sec. 43. NRS 555.570 is hereby amended to read as follows:

      555.570  1.  Any person violating any of the provisions of NRS 555.500 to 555.560, inclusive, or failing, refusing or neglecting to perform or observe any conditions or regulation prescribed by the State Board of Agriculture, in accordance with the provisions of NRS 555.500 to 555.540, inclusive, is [guilty of a misdemeanor.] subject to a civil penalty not to exceed:

      (a) For the first violation, $250.

      (b) For a second violation, $500.

      (c) For each subsequent violation, $1,000.

      2.  Any money collected from the imposition of a civil penalty pursuant to subsection 1 must be accounted for separately and:

      (a) Fifty percent of the money must be used to fund a program selected by the Director that provides loans to persons who are engaged in agriculture and who are 21 years of age or younger; and

      (b) The remaining 50 percent of the money must be deposited in the Account for the Control of Weeds established by NRS 555.035.

      Sec. 44. (Deleted by amendment.)

      Sec. 45. NRS 233B.039 is hereby amended to read as follows:

      233B.039  1.  The following agencies are entirely exempted from the requirements of this chapter:

      (a) The Governor.

      (b) Except as otherwise provided in NRS 209.221, the Department of Corrections.

      (c) The Nevada System of Higher Education.

      (d) The Office of the Military.

      (e) The State Gaming Control Board.

      (f) Except as otherwise provided in NRS 368A.140 and 463.765, the Nevada Gaming Commission.

      (g) The Division of Welfare and Supportive Services of the Department of Health and Human Services.

      (h) Except as otherwise provided in NRS 422.390, the Division of Health Care Financing and Policy of the Department of Health and Human Services.

      (i) The State Board of Examiners acting pursuant to chapter 217 of NRS.

      (j) Except as otherwise provided in NRS 533.365, the Office of the State Engineer.

      (k) The Division of Industrial Relations of the Department of Business and Industry acting to enforce the provisions of NRS 618.375.

      (l) The Administrator of the Division of Industrial Relations of the Department of Business and Industry in establishing and adjusting the schedule of fees and charges for accident benefits pursuant to subsection 2 of NRS 616C.260.

      (m) The Board to Review Claims in adopting resolutions to carry out its duties pursuant to [NRS 590.830.] section 84 of this act.

      (n) The Silver State Health Insurance Exchange.

      2.  Except as otherwise provided in subsection 5 and NRS 391.323, the Department of Education, the Board of the Public Employees’ Benefits Program and the Commission on Professional Standards in Education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

      3.  The special provisions of:

 


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      (a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the Employment Security Division of the Department of Employment, Training and Rehabilitation;

      (b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;

      (c) Chapter 91 of NRS for the judicial review of decisions of the Administrator of the Securities Division of the Office of the Secretary of State; and

      (d) NRS 90.800 for the use of summary orders in contested cases,

Ê prevail over the general provisions of this chapter.

      4.  The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the Department of Health and Human Services in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.

      5.  The provisions of this chapter do not apply to:

      (a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the State Board of Agriculture, the State Board of Health, or any other agency of this State in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control;

      (b) An extraordinary regulation of the State Board of Pharmacy adopted pursuant to NRS 453.2184;

      (c) A regulation adopted by the State Board of Education pursuant to NRS 392.644 or 394.1694; or

      (d) The judicial review of decisions of the Public Utilities Commission of Nevada.

      6.  The State Board of Parole Commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

      Sec. 46. NRS 318.116 is hereby amended to read as follows:

      318.116  Any one, all or any combination of the following basic powers may be granted to a district in proceedings for its organization, or its reorganization pursuant to NRS 318.077 and all provisions in this chapter supplemental thereto, or as may be otherwise provided by statute:

      1.  Furnishing electric light and power, as provided in NRS 318.117;

      2.  Extermination and abatement of mosquitoes, flies, other insects, rats, and liver fluke or Fasciola hepatica, as provided in NRS 318.118;

      3.  Furnishing facilities or services for public cemeteries, as provided in NRS 318.119;

      4.  Furnishing facilities for swimming pools, as provided in NRS 318.1191;

      5.  Furnishing facilities for television, as provided in NRS 318.1192;

      6.  Furnishing facilities for FM radio, as provided in NRS 318.1187;

      7.  Furnishing streets and alleys, as provided in NRS 318.120;

      8.  Furnishing curbs, gutters and sidewalks, as provided in NRS 318.125;

      9.  Furnishing sidewalks, as provided in NRS 318.130;

      10.  Furnishing facilities for storm drainage or flood control, as provided in NRS 318.135;

      11.  Furnishing sanitary facilities for sewerage, as provided in NRS 318.140;

 


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      12.  Furnishing facilities for lighting streets, as provided in NRS 318.141;

      13.  Furnishing facilities for the collection and disposal of garbage and refuse, as provided in NRS 318.142;

      14.  Furnishing recreational facilities, as provided in NRS 318.143;

      15.  Furnishing facilities for water, as provided in NRS 318.144;

      16.  Furnishing fencing, as provided in NRS 318.1195;

      17.  Furnishing facilities for protection from fire, as provided in NRS 318.1181;

      18.  Furnishing energy for space heating, as provided in NRS 318.1175;

      19.  Furnishing emergency medical services, as provided in NRS 318.1185;

      20.  Control [and eradication] of noxious weeds, as provided in chapter 555 of NRS; and

      21.  Establishing, controlling, managing and operating an area or zone for the preservation of one or more species or subspecies of wildlife that has been declared endangered or threatened pursuant to the federal Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq., as provided in NRS 318.1177.

      Sec. 47. NRS 360A.020 is hereby amended to read as follows:

      360A.020  The Department shall adopt:

      1.  Such regulations as are necessary to carry out the provisions of this chapter.

      2.  Regulations providing for:

      (a) The electronic submission of returns to the Department; and

      (b) The payment to the Department of any amount required to be paid pursuant to this chapter or chapter 365, 366 or 373 of NRS, or NRS 590.120 or [590.840] section 86 of this act through the use of credit cards, debit cards and electronic transfers of money.

      Sec. 48. NRS 360A.040 is hereby amended to read as follows:

      360A.040  1.  If a check or other method of payment submitted to the Department for payment of any tax or fee required by chapter 365, 366 or 373 of NRS or NRS 590.120 or [590.840] section 86 of this act is returned to the Department or otherwise dishonored upon presentation for payment, the Department:

      (a) Shall charge an additional fee in the amount established by the State Controller pursuant to NRS 353C.115 for handling the check or other method of payment; and

      (b) Except as otherwise provided in NRS 353.1467, may require that any future payments be made by cashier’s check, traveler’s check, money order or cash.

      2.  If a check or other method of payment is submitted to the Department for payment of a tax or fee required by chapter 365, 366 or 373 of NRS or NRS 590.120 or [590.840] section 86 of this act on or before the date the tax or fee is due, but is afterward returned to the Department or otherwise dishonored upon presentation for payment, the submission of the check or other method of payment shall be deemed not to constitute timely payment of the tax or fee.

      Sec. 49. NRS 360A.050 is hereby amended to read as follows:

      360A.050  If the Department grants an extension of time for paying any amount required to be paid pursuant to chapter 365, 366 or 373 of NRS or NRS 590.120 or [590.840,] section 86 of this act, a person who pays the amount within the period for which the extension is granted shall pay, in addition to the amount owing, interest at the rate of 1 percent per month from the date the amount would have been due without the extension until the date of payment.

 


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amount within the period for which the extension is granted shall pay, in addition to the amount owing, interest at the rate of 1 percent per month from the date the amount would have been due without the extension until the date of payment.

      Sec. 50. NRS 360A.060 is hereby amended to read as follows:

      360A.060  Unless a different penalty or rate of interest is specifically provided by statute, any person who fails to pay any tax or fee required by chapter 365, 366 or 373 of NRS or NRS 590.120 or [590.840] section 86 of this act to this State or a county within the time required, shall pay a penalty of not more than 10 percent of the amount of the tax or fee that is owed, as determined by the Department, in addition to the tax or fee, plus interest at the rate of 1 percent per month, or fraction of a month, from the last day of the month following the period for which the amount or any portion of the amount should have been reported until the date of payment.

      Sec. 51. NRS 360A.070 is hereby amended to read as follows:

      360A.070  1.  If the Director of the Department or a hearing officer designated by the Director finds that the failure of a person to make a timely return or payment of a tax or fee required by chapter 365, 366 or 373 of NRS or NRS 590.120 or [590.840] section 86 of this act is the result of circumstances beyond the control of the person and occurred despite the exercise of ordinary care and without willful neglect, the Department may relieve the person of all or part of any interest or penalty, or both.

      2.  A person requesting relief must file with the Department a statement signed, under penalty of perjury, that sets forth the facts upon which the person bases his or her claim for relief.

      3.  The Department shall disclose, upon the request of any person:

      (a) The name of the person to whom relief was granted; and

      (b) The amount of the relief.

      Sec. 52. NRS 360A.080 is hereby amended to read as follows:

      360A.080  The Department may:

      1.  Enter into a written agreement with a person who is required to pay the taxes or fees required by chapter 365, 366 or 373 of NRS or NRS 590.120 or [590.840] section 86 of this act for the payment of delinquent taxes or fees, interest or penalties imposed pursuant to those provisions.

      2.  Adopt regulations providing for:

      (a) The payment of delinquent taxes or fees, interest or penalties upon the execution of a written agreement between the Department and such a person; and

      (b) The cancellation of such an agreement if the person becomes delinquent in his or her payment of the delinquent taxes or fees, interest or penalties owed to the Department pursuant to the provisions of chapter 365, 366 or 373 of NRS or NRS 590.120 or [590.840.] section 86 of this act.

      Sec. 53. NRS 360A.090 is hereby amended to read as follows:

      360A.090  1.  The amounts, including interest and penalties, required to be paid by a person pursuant to chapter 365, 366 or 373 of NRS or NRS 590.120 or [590.840] section 86 of this act must be satisfied first if:

      (a) The person is insolvent;

      (b) The person makes a voluntary assignment of his or her assets;

      (c) The estate of the person in the hands of executors, administrators or heirs, before distribution, is insufficient to pay all the debts due from the deceased; or

 


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      (d) The estate and effects of an absconding, concealed or absent person required to pay any amount by force of such a revenue act are levied upon by process of law.

      2.  This section does not give the State of Nevada a preference over:

      (a) Any recorded lien that attached before the date when the amounts required to be paid became a lien; or

      (b) Any costs of administration, funeral expenses, expenses of personal illness, family allowances or debts preferred pursuant to federal law or wages as provided in NRS 147.195.

      Sec. 54. NRS 360A.100 is hereby amended to read as follows:

      360A.100  Except as otherwise provided in NRS 366.395:

      1.  If a person fails to file a return or the Department is not satisfied with the return of any tax or fee required to be paid to the Department pursuant to chapter 365, 366 or 373 of NRS or NRS 590.120 or [590.840,] section 86 of this act, the Department may determine the amount required to be paid upon the basis of:

      (a) The facts contained in the return;

      (b) Any information that is in the possession of the Department or may come into its possession; or

      (c) Reasonable estimates of the amount.

      2.  One or more deficiency determinations may be made with respect to the amount due for one or more periods.

      3.  In making its determination of the amount required to be paid, the Department shall impose a penalty and interest on the amount of tax or fee determined to be due, calculated at the rate and in the manner set forth in NRS 360A.060.

      4.  If a business is discontinued, a determination may be made at any time thereafter within the period prescribed in NRS 360A.150 concerning liability arising out of that business, irrespective of whether the determination is issued before the due date of the liability.

      Sec. 55. NRS 360A.120 is hereby amended to read as follows:

      360A.120  If any part of the deficiency for which a deficiency determination is made is because of negligence or intentional disregard of any applicable provision of chapter 365, 366 or 373 of NRS or NRS 590.120 or [590.840,] section 86 of this act, or the regulations of the Department adopted pursuant thereto, a penalty of 10 percent of the amount of the determination must be added thereto.

      Sec. 56. NRS 360A.130 is hereby amended to read as follows:

      360A.130  If any part of the deficiency for which a deficiency determination is made is because of fraud or an intent to evade the payment of a tax or fee required by chapter 365, 366 or 373 of NRS or NRS 590.120 or [590.840,] section 86 of this act, or the regulations of the Department adopted pursuant thereto, a penalty of 25 percent of the amount of the determination must be added thereto.

      Sec. 57. NRS 360A.150 is hereby amended to read as follows:

      360A.150  1.  Except as otherwise provided in subsections 2, 3 and 5, each notice of a deficiency determination issued by the Department must be personally served, mailed or, pursuant to subsection 4, sent by electronic mail within 4 years after the last day of the month following the period for which the amount is proposed to be determined or within 4 years after the return is filed, whichever period expires later.

 


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      2.  In the case of a failure to make a return or a claim for an additional amount, each notice of determination must be mailed, personally served or, pursuant to subsection 4, sent by electronic mail within 8 years after the last day of the month following the period for which the amount is proposed to be determined.

      3.  If, before the expiration of the time prescribed in this section for the service of a notice of determination, the taxpayer has signed a waiver consenting to the service of the notice after that time, the notice may be mailed, personally served or, pursuant to subsection 4, sent by electronic mail at any time before the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing if each agreement is made before the expiration of the period previously agreed upon.

      4.  The provision by a person to the Department of an electronic mail address shall be deemed an agreement for the purposes of NRS 719.220 to receive notice pursuant to this section by electronic mail. If served by electronic mail, the notice must be sent to the person at his or her electronic mail address as it appears in the records of the Department and service is complete at the time the electronic mail is sent.

      5.  This section does not apply to cases of fraud or the intentional evasion of a provision of chapter 365, 366 or 373 of NRS or NRS 590.120 or [590.840,] section 86 of this act, or any regulation of the Department adopted pursuant thereto.

      Sec. 58. NRS 360A.230 is hereby amended to read as follows:

      360A.230  If the Department believes that the collection of any amount of taxes or fees due pursuant to chapter 365, 366 or 373 of NRS or NRS 590.120 or [590.840] section 86 of this act will be jeopardized by delay, the Department shall make a determination of the amount required to be collected and serve notice of the determination upon the person against whom it is made.

      Sec. 59. NRS 360A.260 is hereby amended to read as follows:

      360A.260  1.  If a person who is delinquent in the payment of any tax or fee required by chapter 365, 366 or 373 of NRS or NRS 590.120 or [590.840] section 86 of this act has not paid the amount of a deficiency determination, the Department may bring an action in a court of this State, a court of any other state or a court of the United States to collect the delinquent or deficient amount, penalties and interest. The action must be brought not later than 3 years after the payment became delinquent or the determination became final or within 5 years after the last recording of an abstract of judgment or of a certificate constituting a lien for the tax or fee owed.

      2.  The Attorney General shall prosecute the action. The provisions of NRS and the Nevada Rules of Civil Procedure and Nevada Rules of Appellate Procedure relating to service of summons, pleadings, proofs, trials and appeals are applicable to the proceedings. In the action, a writ of attachment may issue. A bond or affidavit is not required before an attachment may be issued.

      3.  In the action, a certificate by the Department showing the delinquency is prima facie evidence of:

      (a) The determination of the tax or fee or the amount of the tax or fee;

      (b) The delinquency of the amounts; and

 


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      (c) The compliance by the Department with the procedures required by law related to the computation and determination of the amounts.

      Sec. 60. NRS 360A.270 is hereby amended to read as follows:

      360A.270  1.  If, with respect to any tax or fee required by chapter 365, 366 or 373 of NRS or NRS 590.120 or [590.840,] section 86 of this act, a person:

      (a) Fails to pay the tax or fee when due according to his or her return filed with the Department;

      (b) Fails to pay a deficiency determination when due; or

      (c) Defaults on a payment pursuant to a written agreement with the Department,

Ê the Department may, within 3 years after the amount is due, file in the office of the clerk of any court of competent jurisdiction an application for the entry of a summary judgment for the amount due.

      2.  The application must be accompanied by a certificate that specifies:

      (a) The amount required to be paid, including any interest and penalties due;

      (b) The name and address of the person liable for the payment, as they appear on the records of the Department;

      (c) The basis for the determination of the Department of the amount due; and

      (d) That the Department has complied with the applicable provisions of law relating to the determination of the amount required to be paid.

      3.  The application must include a request that judgment be entered against the person in the amount required to be paid, including any interest and penalties due, as set forth in the certificate.

      Sec. 61. NRS 360A.330 is hereby amended to read as follows:

      360A.330  1.  If any tax or fee required by chapter 365, 366 or 373 of NRS or NRS 590.120 or [590.840] section 86 of this act, is not paid when due, the Department may, within 3 years after the date that the tax or fee became due, file for record a certificate in the office of any county recorder which states:

      (a) The amount of the tax or fee and any interest or penalties due;

      (b) The name and address of the person who is liable for the amount due as they appear on the records of the Department; and

      (c) That the Department has complied with the procedures required by law for determining the amount due.

      2.  From the time of the filing of the certificate, the amount due, including interest and penalties, constitutes a lien upon all real and personal property in the county owned by the person or acquired by the person afterwards and before the lien expires. The lien has the effect and priority of a judgment lien and continues for 5 years after the time of the filing of the certificate unless sooner released or otherwise discharged.

      3.  Within 5 years after the date of the filing of the certificate or within 5 years after the date of the last extension of the lien pursuant to this subsection, the lien may be extended by filing for record a new certificate in the office of the county recorder of any county. From the time of filing, the lien is extended to all real and personal property in the county owned by the person or acquired by the person afterwards for 5 years, unless sooner released or otherwise discharged.

 


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      Sec. 62. NRS 360A.350 is hereby amended to read as follows:

      360A.350  1.  The Department or its authorized representative may issue a warrant for the enforcement of a lien and for the collection of any delinquent taxes or fees required by chapter 365, 366 or 373 of NRS or NRS 590.120 or [590.840:] section 86 of this act:

      (a) Within 3 years after the person is delinquent in the payment of the tax or fee; or

      (b) Within 5 years after the last recording of an abstract of judgment or of a certificate constituting a lien for the tax or fee.

      2.  The warrant must be directed to a sheriff or constable and has the same effect as a writ of execution.

      3.  The warrant must be levied and sale made pursuant to the warrant in the same manner and with the same effect as a levy of and a sale pursuant to a writ of execution.

      Sec. 63. NRS 360A.370 is hereby amended to read as follows:

      360A.370  1.  If a person is delinquent in the payment of any tax or fee required by chapter 365, 366 or 373 of NRS or NRS 590.120 or [590.840,] section 86 of this act, or if a determination has been made against the person that remains unpaid, the Department may:

      (a) Not later than 3 years after the payment became delinquent or the determination became final; or

      (b) Not later than 5 years after the last recording of an abstract of judgment or of a certificate constituting a lien for the tax or fee owed,

Ê give a notice of the delinquency and a demand to transmit personally or by registered or certified mail to any person, including, without limitation, any officer or department of this State or any political subdivision or agency of this State, who has in his or her possession or under his or her control any credits or other personal property belonging to the delinquent taxpayer, or owing any debts to the delinquent taxpayer or person against whom a determination has been made which remains unpaid, or owing any debts to the delinquent taxpayer or that person. In the case of any state officer, department or agency, the notice must be given to the officer, department or agency before it presents the claim of the delinquent taxpayer to the State Controller.

      2.  A state officer, department or agency which receives such a notice may satisfy any debt owed to it by that person before it honors the notice of the Department.

      3.  After receiving the demand to transmit, the persons so notified may not transfer or otherwise dispose of the credits, other personal property, or debts in their possession or under their control at the time they received the notice until the Department consents to a transfer or other disposition.

      4.  Each person so notified shall, within 10 days after receipt of the demand to transmit, inform the Department of, and transmit to the Department all such credits, other personal property, or debts in his or her possession, under his or her control or owing by that person within the time and in the manner requested by the Department. Except as otherwise provided in subsection 5, no further notice is required to be served upon that person.

      5.  If the property of the delinquent taxpayer consists of a series of payments owed to him or her, the person who owes or controls the payments shall transmit the payments to the Department until otherwise notified by the Department. If the debt of the delinquent taxpayer is not paid within 1 year after the Department issued the original demand to transmit, the Department shall issue another demand to transmit to the person responsible for making the payments informing that person to continue to transmit payments to the Department or that his or her duty to transmit the payments to the Department has ceased.

 


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after the Department issued the original demand to transmit, the Department shall issue another demand to transmit to the person responsible for making the payments informing that person to continue to transmit payments to the Department or that his or her duty to transmit the payments to the Department has ceased.

      6.  If the notice of the delinquency seeks to prevent the transfer or other disposition of a deposit in a bank or other credits or personal property in the possession or under the control of a bank or other depository institution, the notice must be delivered or mailed to the branch or office of the bank or other depository institution at which the deposit is carried or at which the credits or personal property is held.

      7.  If any person so notified makes any transfer or other disposition of the property or debts required to be withheld or transmitted, to the extent of the value of the property or the amount of the debts thus transferred or paid, he or she is liable to this State for any indebtedness due pursuant to chapter 365, 366 or 373 of NRS or NRS 590.120 or [590.840] section 86 of this act from the person with respect to whose obligation the notice was given if solely by reason of the transfer or other disposition, this State is unable to recover the indebtedness of the person with respect to whose obligation the notice was given.

      Sec. 64. NRS 360A.390 is hereby amended to read as follows:

      360A.390  1.  If a person who is liable for any tax or fee required by chapter 365, 366 or 373 of NRS or NRS 590.120 or [590.840] section 86 of this act sells any portion of his or her business or stock of goods not in the ordinary course of business or quits the business, the successors or assignees of that person shall:

      (a) If the business or stock of goods was purchased for money, withhold from the purchase price the amount due; or

      (b) If the business or stock of goods was not purchased for money, withhold a sufficient portion of the assets of the business or stock of goods which, if sold, would equal the amount due,

Ê until the former owner provides the successors or assignees with a receipt or certificate from the Department indicating that he or she paid the amount due.

      2.  A successor or assignee who fails to withhold the amount required pursuant to subsection 1 becomes personally liable for the payment of the amount required to be withheld by him or her to the extent of the consideration paid for the business or stock of goods, valued in money.

      3.  The Department shall issue a certificate of the amount due to the successor or assignee:

      (a) Not later than 60 days after receiving a written request from the successor or assignee for such a certificate; or

      (b) Not later than 60 days after the date the records of the former owner are made available for audit,

Ê whichever period expires later, but not later than 90 days after receiving the request.

      4.  If the Department fails to mail the certificate, the successor or assignee is released from any further obligation to withhold any portion of the purchase price, business or stock of goods.

      5.  The time within which the obligation of the successor or assignee may be enforced begins when the person who is liable for the tax or fee sells or assigns all or any portion of his or her business or stock of goods or when the determination against the person becomes final, whichever occurs later.

 


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or assigns all or any portion of his or her business or stock of goods or when the determination against the person becomes final, whichever occurs later.

      Sec. 65. NRS 360A.400 is hereby amended to read as follows:

      360A.400  1.  At any time within 3 years after a person has become delinquent in the payment of any amount of taxes or fees due pursuant to chapter 365, 366 or 373 of NRS or NRS 590.120 or [590.840,] section 86 of this act, the Department may seize any property, real or personal, of the person and sell the property, or a sufficient part of it, at public auction to pay the amount due, together with any interest or penalties imposed for the delinquency and any costs incurred on account of the seizure and sale.

      2.  Any seizure made to collect a tax or fee due may be only of the property of the person not exempt from execution under the provisions of law.

      Sec. 66. NRS 408.242 is hereby amended to read as follows:

      408.242  1.  The Department shall establish an account in the State Highway Fund to be administered by the Director. The interest and income on the money in the account, after deducting any applicable charges, must be credited to the account. Any money remaining in the account at the end of each fiscal year does not revert to the State Highway Fund but must be carried over into the next fiscal year. The money in the account must be used exclusively for the construction, reconstruction, improvement and maintenance of public roads.

      2.  The account consists of:

      (a) The money transferred to the account pursuant to [NRS 590.860;] section 88 of this act;

      (b) All income and interest earned on the money in the account; and

      (c) All other money received by the account from any source.

      3.  On July 1 and December 31 of each year, the Director shall allocate:

      (a) Seventy percent of the money in the account to a regional transportation commission in a county whose population is 700,000 or more;

      (b) Twenty percent of the money in the account to a regional transportation commission in a county whose population is 100,000 or more but less than 700,000; and

      (c) Ten percent of the money in the account to the Department for use in counties that have a population of less than 100,000.

      Sec. 67. Chapter 445C of NRS is hereby amended by adding thereto the provisions set forth as sections 68 to 94, inclusive of this act.

      Sec. 68. As used in sections 68 to 94, inclusive of this act, unless the context otherwise requires, the words and terms defined in sections 68 to 81, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 69. “Board” means the Board to Review Claims.

      Sec. 70. “Department” means the Department of Motor Vehicles.

      Sec. 71. “Diesel fuel of grade number 1” means a distillate from fuel oil which is of high volatility and used in high-speed diesel engines generally operated under variations in speed and load. The term includes diesel fuel of the type “C-B,” generally used in buses and similar operations.

      Sec. 72. “Diesel fuel of grade number 2” means a distillate from gas oil which is of low volatility and used in high-speed diesel engines generally operated under uniform speed and load. The term includes diesel fuel of the type “R-R,” generally used in railroad locomotives, and type “T-T,” generally used in trucks with diesel engines.

 


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fuel of the type “R-R,” generally used in railroad locomotives, and type “T-T,” generally used in trucks with diesel engines.

      Sec. 73. “Discharge” means any release, leaking or spilling from a storage tank into water or soil, unless the discharge is authorized by state or federal law.

      Sec. 74. “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      Sec. 75. “Fund” means the Fund for Cleaning Up Discharges of Petroleum.

      Sec. 76. “Heating oil” means diesel fuel of grade number 1 or 2 or any other form of petroleum used in an oil-fired furnace or boiler for space heating.

      Sec. 77. “Motor vehicle fuel” has the meaning ascribed to it in NRS 365.060.

      Sec. 78. “Operator” means a person who owns, controls or is responsible for the operation of a storage tank.

      Sec. 79. “Person” includes the United States, this State, and any agency or political subdivision of this State.

      Sec. 80. “Petroleum” means crude oil or any fraction thereof which is liquid at a temperature of 60 degrees Fahrenheit and a pressure of 14.7 pounds per square inch absolute.

      Sec. 81. “Storage tank” means any tank used to store petroleum, except petroleum for use in a chemical process.

      Sec. 82. The Legislature finds that:

      1.  Protection of this State’s environment, particularly its supplies of water, requires the prompt cleaning up of any discharge of petroleum from a storage tank.

      2.  Federal law and regulations require each operator of a storage tank to show financial responsibility for this purpose, but the capital of smaller operators is too little to meet these requirements and insurance to cover this liability is prohibitively costly for these smaller operators.

      3.  Free competitive access to the business of distributing petroleum therefore requires a system of funding this liability in which all engaged in the business must participate equitably.

      4.  The fee imposed by section 86 of this act is not an excise tax but a fee for engaging in the refining or importation of motor vehicle fuel, diesel fuel of grade number 1, diesel fuel of grade number 2 and heating oil.

      Sec. 83. 1.  The Board to Review Claims is hereby created in the Division. The Board consists of:

      (a) The Administrator of the Division;

      (b) The Director of the Department;

      (c) The State Fire Marshal;

      (d) A representative of refiners of petroleum;

      (e) A representative of independent dealers in petroleum;

      (f) A representative of independent retailers of petroleum; and

      (g) A representative of the general public.

      2.  An officer designated as a member of the Board may designate a substitute. The Governor shall appoint the respective representatives designated as members of the Board. Each representative of a field of enterprise must be appointed from a list of three persons nominated by persons engaged in that field in this State, through their trade association if one exists.

 


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      3.  The Board shall select its Chair. The Administrator of the Division shall provide administrative assistance to the Board as required.

      4.  Each member who is appointed by the Governor is entitled to receive a salary of not more than $80, as fixed by the Board, for each day’s attendance at a meeting of the Board.

      5.  While engaged in the business of the Board, each member of the Board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 84. 1.  The Fund for Cleaning Up Discharges of Petroleum is hereby created as a special revenue fund in the State Treasury. The Division shall administer the Fund for the purposes prescribed in sections 68 to 94, inclusive, of this act, and the Board shall adopt appropriate regulations for the investigation and payment of claims against the Fund. The Board shall review each claim presented and authorize payment to the extent warranted by the facts of the case.

      2.  The expenses incurred by the Division in performing its duties pursuant to sections 68 to 94, inclusive, of this act are a charge against the Fund. The interest earned on money in the Fund must be credited to the Fund.

      3.  The Board shall transmit a copy of any resolution that the Board has adopted in carrying out its duties pursuant to this section to the Legislative Counsel within 5 working days after the adoption of the resolution for inclusion in the register of administrative regulations published pursuant to NRS 233B.0653.

      Sec. 85. Notwithstanding any provision of sections 68 to 94, inclusive, of this act to the contrary, and except as otherwise provided in this section:

      1.  The Division may expend not more than $250,000 from the Fund per year as reimbursement for necessary costs incurred by the Division in the response to and cleanup of any discharge involving petroleum, including discharges from a storage tank and discharges from a mobile tank that occur during the transportation of petroleum on roads and highways. If the discharge involving petroleum also involves the discharge of another hazardous material, the Division may expend money pursuant to this section in the cleanup of the discharge of petroleum and the other hazardous material. The Division shall not expend money from the Fund pursuant to this section to clean up discharges involving petroleum from pipelines.

      2.  Except as otherwise provided in this subsection, money from the Fund expended by the Division pursuant to this section must be used to augment, and must not be used to replace or supplant, any money available from other sources for the cleanup of discharges of petroleum, including, without limitation, reimbursements by operators required to be made to the Division pursuant to sections 87 and 89 of this act. If no money is available from those other sources, the Division may expend money from the Fund pursuant to this section to reimburse the Division for any costs specified in subsection 1.

      3.  If the Division expends money pursuant to this section to clean up a discharge involving petroleum, the operator of the tank shall reimburse the Division for the operator’s share of the costs for cleaning up the discharge. The Division shall, upon being reimbursed by the operator of the tank pursuant to this subsection, deposit that money in the Fund.

 


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      4.  As used in this section:

      (a) “Discharge” means any release, leaking or spilling from a tank into water or soil, unless the discharge is authorized by state or federal law.

      (b) “Operator” means a person who owns, controls or is responsible for the operation of a tank.

      (c) “Tank” means a storage tank or a mobile tank used to transport petroleum received for sale or use in this State.

      Sec. 86. 1.  Except as otherwise provided in subsection 2, the Department shall collect for deposit in the Fund a fee of 0.75 cent for each gallon of motor vehicle fuel, diesel fuel of grade number 1, diesel fuel of grade number 2 and heating oil imported into this State in one of those forms or refined in this State. The fee imposed by this section is in addition to the taxes imposed by chapters 365 and 366 of NRS.

      2.  The fee imposed by subsection 1 does not apply to motor vehicle fuel, diesel fuel of grade number 1, diesel fuel of grade number 2 or heating oil that is:

      (a) Imported or refined by the United States, its unincorporated agencies and instrumentalities, or any incorporated agency or instrumentality of the United States wholly owned by the United States or by a corporation wholly owned by the United States;

      (b) Exported from this State;

      (c) Imported or refined by railroad companies for use in locomotive engines;

      (d) Being transported through this State in interstate commerce; or

      (e) Used as fuel for jet or turbine-powered aircraft.

      3.  The fee is payable on or before the last day of each calendar month for those products subject to the fee that are handled during the preceding calendar month. The Department shall prescribe by regulation the manner of payment of the fee and for this purpose may reasonably classify the persons liable for payment. The Department may, in collecting the fee, employ any administrative power conferred upon it by chapter 360A or 365 of NRS.

      4.  The expenses incurred by the Department in performing its duties under sections 68 to 94, inclusive, of this act are a charge against the Fund.

      Sec. 87. 1.  Except as otherwise provided in subsection 2, the Division shall collect for deposit in the Fund an annual fee not to exceed $100, set by the Board, for the registration of each storage tank.

      2.  No fee is to be collected, and no registration is required, with respect to a storage tank used to store heating oil for consumption on the same premises where the oil is stored, or a storage tank operated by a person not required to pay the fee for petroleum produced in or imported into this State.

      3.  The operator of a storage tank required to be registered pursuant to this section who fails to register that tank or to pay the annual fee when required shall reimburse the Division for any expense incurred by the Division in cleaning up a discharge from that storage tank and for any discharge of liability to a third person. If, in cleaning up the discharge from that storage tank, the Division expends money from the Fund in accordance with section 85 of this act, the Division shall, upon being reimbursed by the operator of the storage tank pursuant to this subsection, deposit that money in the Fund.

 


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      Sec. 88. If the balance in the Fund for Cleaning Up Discharges of Petroleum at the end of any fiscal year is estimated at $7,500,000 or more, the Department shall transfer to the account created pursuant to NRS 408.242 the balance in the Fund for Cleaning Up Discharges of Petroleum which exceeds $7,500,000.

      Sec. 89. 1.  The operator of every storage tank, and every person who for compensation puts petroleum into a storage tank, shall report to the Division every discharge from that tank of which the operator or other person is aware or has reason to believe has occurred. The Division shall undertake or contract for cleaning up the discharge unless the operator or another person is already acting properly to clean it up. If the Division cleans up the discharge, the operator shall reimburse the Division for the operator’s share of the costs. If, in cleaning up the discharge, the Division expends money from the Fund in accordance with section 85 of this act, the Division shall, upon being reimbursed by the operator of the storage tank pursuant to this subsection, deposit that money in the Fund.

      2.  Each operator who is required or who chooses to register a tank must, unless the tank has been tested for tightness under the federal standards embodied in 40 C.F.R. § 280.43c since July 1, 1988, test the tank pursuant to those standards before it is eligible for the coverage provided by sections 90 and 91 of this act.

      Sec. 90. The costs resulting from a discharge from a storage tank which has a capacity of 1,100 gallons or less and is used to store heating oil for consumption on the same premises where the oil is stored must be paid as follows, to the extent applicable:

      1.  The first $250 for cleaning up and the first $250 of liability for damages to a person other than this State or the operator of the tank, or both amounts, by the operator.

      2.  If necessary to protect the environment or the public health and safety, the next $250,000 for cleaning up and the next $250,000 for damages to a person other than this State or the operator of the tank, or both amounts, from the Fund. These limits apply to any one discharge and to the total for discharges from storage tanks controlled by any one operator in any fiscal year. For the purpose of this limitation, a group of operators more than 50 percent of whose net worth is beneficially owned by the same person or persons constitutes one operator.

      3.  Any further cost for cleaning up or for damages, by the operator.

      Sec. 91. If the costs resulting from a discharge from any other storage tank exceed $5,000, the costs must be paid as follows, to the extent applicable:

      1.  By an operator which is an agency, department, division or political subdivision of the State, 10 percent or $10,000, whichever is less, of the first $1,000,000 for cleaning up each tank and of the first $1,000,000 of liability for damages from each tank to any person other than this State or the operator of the tank, or both amounts. The balance of the first $1,000,000 for cleaning up each tank or for damages from each tank must be paid from the Fund, but the total amount paid from the Fund pursuant to this subsection in any one fiscal year for discharges from two or more storage tanks under the control of any one operator must not exceed $1,980,000 for cleaning up and $1,980,000 for damages.

      2.  By an operator which is a small business, 10 percent of the first $1,000,000 for cleaning up each tank and of the first $1,000,000 of liability for damages from each tank to a person other than this State or the operator of the tank, or both amounts.

 


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for damages from each tank to a person other than this State or the operator of the tank, or both amounts. The total amount paid by an operator pursuant to this subsection must not exceed $50,000 for cleaning up and $50,000 for damages regardless of the number of storage tanks involved. The balance of the first $1,000,000 for cleaning up each tank or for damages from each tank must be paid from the Fund, but the total amount paid from the Fund pursuant to this subsection in any one fiscal year for discharges from two or more storage tanks under the control of any one operator must not exceed $1,900,000 for cleaning up and $1,900,000 for damages. For the purpose of this limitation, a group of operators more than 50 percent of whose net worth is beneficially owned by the same person or persons constitutes one operator.

      3.  By all other operators:

      (a) Ten percent of the first $1,000,000 for cleaning up each tank and of the first $1,000,000 of liability for damages from each tank to a person other than this State or the operator of the tank, or both amounts.

      (b) Ninety percent of the first $1,000,000 for cleaning up each tank or for damages from each tank must be paid from the Fund.

Ê The total amount paid from the Fund pursuant to paragraph (b) in any one fiscal year for discharges from two or more storage tanks under the control of any one operator must not exceed $1,800,000 for cleaning up and $1,800,000 for damages. For the purpose of this limitation, a group of operators more than 50 percent of whose net worth is beneficially owned by the same person or persons constitutes one operator.

      4.  Any further cost for cleaning up or for damages which is in excess of the amounts paid pursuant to subsections 1, 2 and 3 must be paid by the operator.

      5.  A political subdivision of the State that receives money from the Fund pursuant to subsection 1 to pay for the costs of cleaning up shall hold one public hearing upon initiation of the cleanup and one public hearing every 3 months thereafter until the cleanup is completed to ensure that the cleanup complies with any requirements of the Division concerning the cost-effectiveness of cleaning up. The costs incurred by the political subdivision for the hearing must not be attributed to the political subdivision as part of the costs paid by the political subdivision pursuant to subsection 1.

      6.  For the purposes of this section, a small business is a business which receives less than $500,000 in gross annual receipts from the site where the tank is located.

      Sec. 92. 1.  Any person who, through willful or wanton misconduct, through gross negligence or through violation of any applicable statute or regulation, including specifically any state or federal standard pertaining to the preparation or maintenance of sites for storage tanks, proximately causes a discharge is liable to the Division for any cost in cleaning up the discharge or paying for it to be cleaned up.

      2.  If a discharge occurs, the site of the tank and any other premises affected by the discharge must be brought into compliance with any applicable standard as described in subsection 1.

      Sec. 93. If the balance in the Fund is insufficient to pay in full all amounts payable from it under sections 68 to 94, inclusive, of this act, these amounts must be reduced pro rata and the amounts so withheld must be paid pro rata as additional money becomes available in the Fund.

 


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      Sec. 94. 1.  Except as otherwise specifically provided in section 85 of this act, the provisions of sections 87 to 93, inclusive, of this act do not apply to any tank which:

      (a) Contains petroleum being transported through this State in interstate commerce, but do apply to a tank being used to store petroleum received for sale or use in this State;

      (b) Contains fuel for jet or turbine-powered aircraft, or is above ground and has a capacity of 30,000 gallons or less, unless in either case the operator complies with subsection 2; or

      (c) Is above ground and has a capacity of more than 30,000 gallons.

      2.  The operator of a tank exempted by paragraph (b) of subsection 1 may obtain the coverage provided by sections 90 and 91 of this act by applying to the Board, paying the fee set pursuant to section 87 of this act for its registration, and, if the tank is used to store fuel for jet or turbine-powered aircraft, reporting monthly the number of gallons of fuel put into the tank and paying the fee required by section 86 of this act. Coverage pursuant to this subsection begins 6 months after the tank is registered and the required fee first paid.

      Sec. 95. NRS 445C.010 is hereby amended to read as follows:

      445C.010  As used in [this chapter,] NRS 445C.010 to 445C.120, inclusive, unless the context otherwise requires, the words and terms defined in NRS 445C.020 to 445C.060, inclusive, have the meanings ascribed to them in those sections.

      Sec. 96. NRS 445C.110 is hereby amended to read as follows:

      445C.110  1.  Except as otherwise provided in this section, an environmental audit conducted pursuant to the provisions of [this chapter] NRS 445C.010 to 445C.120, inclusive, shall be deemed privileged and is not admissible in an administrative proceeding or civil action against the regulated person who conducted the audit or the regulated facility which is owned or operated by the regulated person.

      2.  The privilege provided by subsection 1 does not apply if:

      (a) A regulatory agency requests the admission of the results of an environmental audit at an administrative proceeding or civil action commenced by the regulatory agency;

      (b) The regulated person expressly waives the privilege; or

      (c) A court or administrative hearing officer determines in camera that the presumption against administrative or civil liability is rebutted pursuant to NRS 445C.090.

      3.  For the purposes of paragraph (b) of subsection 2, a regulated person does not waive the privilege if he or she voluntarily discloses, pursuant to NRS 445C.010 to 445C.120, inclusive, the results of an environmental audit or a violation of an environmental requirement discovered as a result of an environmental audit to a regulatory agency.

      4.  This section does not prohibit a person or entity from:

      (a) Obtaining information concerning a violation of an environmental requirement from a source independent of an environmental audit.

      (b) Commencing an administrative proceeding or civil or criminal action against a regulated person or a regulated facility which is owned or operated by a regulated person based upon information that was obtained from a source independent of an environmental audit.

 


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      (c) Intervening in a proceeding or action filed against a regulated person or regulated facility if the intervention is specifically authorized by statute or regulation.

      Sec. 96.5. Chapter 446 of NRS is hereby amended by adding thereto a new section to read as follows:

      Any person who knowingly sells any flesh of any diseased animal or any container containing shellfish, if the container does not have an approved stamp authorized by the Division of Public and Behavioral Health of the Department of Health and Human Services, is guilty of a gross misdemeanor.

      Sec. 96.7. NRS 446.945 is hereby amended to read as follows:

      446.945  [Any] Except as otherwise provided in section 96.5 of this act, any person who violates any of the provisions of this chapter is guilty of a misdemeanor. In addition thereto, such persons may be enjoined from continuing such violations. Each day upon which such a violation occurs shall constitute a separate violation.

      Sec. 97. NRS 561.301 is hereby amended to read as follows:

      561.301  Aquatic agriculture, which includes the propagation, cultivation and harvesting of plants or animals indigenous to water in a man-made, controlled or selected aquatic environment for the commercial production of food, is one of the agricultural enterprises conducted in this state. The Department shall promote, protect and regulate aquatic agriculture to the extent that the Department is authorized to regulate other forms of agriculture and other agricultural products. The Department shall confer with the Department of Wildlife regarding aquatic agriculture to prevent any adverse effects on existing aquatic animals.

      Sec. 98. NRS 561.305 is hereby amended to read as follows:

      561.305  The Department shall establish and maintain a laboratory for the following purposes:

      1.  The diagnosis of infectious, contagious and parasitic diseases of animals, as may be necessary under the provisions of chapter 571 of NRS.

      2.  The diagnosis of infectious, contagious and parasitic diseases of bees, as may be necessary under the provisions of chapter 552 of NRS.

      3.  The diagnosis of infectious, contagious and destructive diseases of agricultural commodities, and infestations thereof by pests, as may be necessary under the provisions of chapter 554 of NRS.

      4.  The survey and identification of insect pests, plant diseases and noxious weeds, and the maintenance of a herbarium, as may be necessary under the provisions of NRS 555.005 to 555.249, inclusive.

      5.  The testing of pesticides, as may be necessary under the provisions of NRS 555.2605 to 555.460, inclusive, and [586.010 to 586.450, inclusive.] chapter 586 of NRS.

      6.  The safekeeping and maintenance of official standards of weights and measures, as may be necessary under the provisions of chapter 581 of NRS.

      7.  The testing and grading of agricultural products and the testing of the purity and germinating power of agricultural seeds and the testing of the spray residue contained in produce, as may be necessary under the provisions of chapter 587 of NRS.

      8.  The analysis and testing of commercial fertilizers and agricultural minerals, as may be necessary under the provisions of chapter 588 of NRS.

 


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      9.  The analysis and testing of petroleum products or motor vehicle fuel, as may be necessary under the provisions of NRS 590.010 to 590.150, inclusive.

      10.  The analysis and testing of antifreeze, as may be necessary under the provisions of NRS 590.340 to 590.450, inclusive.

      11.  Any laboratory examinations, diagnoses, analyses or testing as may be deemed necessary by the Director and which can be made with equipment available in any such laboratory. Any resident of this State may submit samples to the Department for examination, diagnosis, analysis or testing, subject to such rules and regulations as may be adopted by the Director.

      Sec. 99. (Deleted by amendment.)

      Sec. 100. NRS 561.355 is hereby amended to read as follows:

      561.355  1.  The Plant Industry Program is hereby established.

      2.  The following fees and money must be used in the Plant Industry Program:

      (a) [Fees] Except as otherwise provided in NRS 555.570 and section 10 of this act, fees and money collected pursuant to the provisions of chapters 552, 555 and 587 of NRS.

      (b) Laboratory fees collected for the diagnosis of infectious, contagious and parasitic diseases of bees, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of chapter 552 of NRS.

      (c) Laboratory fees collected for the diagnosis of infectious, contagious and destructive diseases of agricultural commodities, and infestations thereof by pests, as authorized by NRS 561.305, and as may be necessary pursuant to the provisions of chapter 554 of NRS.

      (d) Laboratory fees collected for the survey and identification of insect pests, plant diseases and noxious weeds, as authorized by NRS 561.305, and as may be necessary pursuant to the provisions of NRS 555.005 to 555.249, inclusive.

      (e) Laboratory fees collected for the testing of the purity and germinating power of agricultural seeds, as authorized by NRS 561.305, and as may be necessary pursuant to the provisions of NRS 587.015 to 587.123, inclusive.

      (f) Money received from a tax on the transfer of real property imposed pursuant to NRS 375.026.

      3.  Expenditures for the Plant Industry Program must be made only for the purposes of carrying out the provisions of this chapter and chapters 552, 554, 555 and 587 of NRS.

      4.  The money credited to the Program pursuant to NRS 375.026 must be allocated for disbursement to each county in proportion to the amount of money collected in that county and must only be used:

      (a) By the Department for programs on the exclusion, detection and control of:

             (1) Invasive species; and

             (2) Endemic pests and weeds designated by the Director; and

      (b) For grants to local governments and nonprofit organizations for the control or management of such species, pests and weeds.

      5.  As used in this section:

      (a) “Invasive species” means any living organism not native to this State that may present a threat to the economy, environment or public health of this State.

      (b) “Local government” has the meaning ascribed to it in NRS 237.050.

 


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      Sec. 101. NRS 561.385 is hereby amended to read as follows:

      561.385  1.  The Agriculture Registration and Enforcement Account is hereby created in the State General Fund for the use of the Department.

      2.  The following fees must be deposited in the Agriculture Registration and Enforcement Account:

      (a) Except as otherwise provided in NRS 586.270 [,] and 586.450, fees collected pursuant to the provisions of chapter 586 of NRS . [586.010 to 586.450, inclusive.]

      (b) Fees collected pursuant to the provisions of chapter 588 of NRS.

      (c) Fees collected pursuant to the provisions of NRS 590.340 to 590.450, inclusive.

      (d) Laboratory fees collected for the testing of pesticides as authorized by NRS 561.305, and as are necessary pursuant to the provisions of NRS 555.2605 to 555.460, inclusive, and [586.010 to 586.450, inclusive.] , except as otherwise provided in NRS 586.270 and 586.450, chapter 586 of NRS.

      (e) Laboratory fees collected for the analysis and testing of commercial fertilizers and agricultural minerals, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of chapter 588 of NRS.

      (f) Laboratory fees collected for the analysis and testing of petroleum products or motor vehicle fuel, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of NRS 590.010 to 590.150, inclusive.

      (g) Laboratory fees collected for the analysis and testing of antifreeze, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of NRS 590.340 to 590.450, inclusive.

      3.  Expenditures from the Agriculture Registration and Enforcement Account may be made to carry out the provisions of this chapter, NRS 555.2605 to 555.460, inclusive, or chapters 586, 588 and 590 of NRS or for any other purpose authorized by the Legislature.

      Sec. 102. (Deleted by amendment.)

      Sec. 103. NRS 562.200 is hereby amended to read as follows:

      562.200  All contributions of money which the Board is authorized to accept and which are made by any organization interested in the welfare of the sheep industry must be deposited by the Board with the [state or county treasurer who has custody of] State Treasury for credit to the State Sheep Inspection [Account for credit to that] Account. The money in the Account must be disbursed by the [proper state or county officials] State Controller when ordered by the Board in accordance with the purposes for which each contribution was made.

      Sec. 104. NRS 562.210 is hereby amended to read as follows:

      562.210  1.  The Board may encourage, promote, advance and protect the sheep interests of the State and may, directly or indirectly, by expenditure or by payment or otherwise to any association formed for any such purposes or objects, pay annually, out of the State Sheep Inspection Account, for any enumerated purposes, not to exceed the equivalent of [10 cents] 50 percent of the levy assessed pursuant to NRS 562.170.

      2.  The Board is the sole and exclusive judge of the expenditures of all sums directly or by the payment to any association, club or other organization pursuant to this section.

      Sec. 105. NRS 562.230 is hereby amended to read as follows:

      562.230  [Whenever any inspector files in the office of the] The State Controller [or county treasurer who has custody of the State Sheep Inspection Account] shall draw a warrant or check payable out of the State Sheep Inspection Account to any inspector who files proper vouchers or claims, duly approved by the Board, setting forth:

 


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Sheep Inspection Account to any inspector who files proper vouchers or claims, duly approved by the Board, setting forth:

      1.  The name of the inspector;

      2.  The kind and nature of service rendered;

      3.  The particular locality where the work was done;

      4.  The length of time employed;

      5.  The number of sheep inspected and the name of the owner or person in charge of the sheep;

      6.  The disease or diseases treated, and the length of time of the treatment; and

      7.  The amount claimed for the services . [,

Ê the State Controller or county treasurer shall draw a warrant or check in favor of the inspector, payable out of the money in the State Sheep Inspection Account.]

      Sec. 106. (Deleted by amendment.)

      Sec. 107. (Deleted by amendment.)

      Sec. 108. NRS 573.020 is hereby amended to read as follows:

      573.020  1.  A person shall not hold, operate, conduct or carry on a public livestock auction in this state without first securing a license therefor from the Department.

      2.  The application for a license must be on a form prescribed and furnished by the Department and set forth:

      (a) The name of the operator of the public livestock auction.

      (b) The location of the establishment or premises where the public livestock auction will be conducted.

      (c) The type or kinds of livestock to be handled, sold or exchanged.

      (d) A description of the facilities that will be used to conduct the public livestock auction.

      (e) The weekly or monthly sales day or days on which the applicant proposes to operate the applicant’s public livestock auction.

      (f) The name and address of the bank or credit union where the custodial account for consignors’ proceeds will be established and maintained by the operator of the public livestock auction in compliance with the provisions of NRS 573.104.

      (g) Such other information as the Department reasonably may require, including, without limitation, proof that at the time of application the applicant has a line of credit established at a bank or credit union in the State of Nevada in [an] the amount [at least equal to the estimated average weekly gross sales receipts of the public livestock auction that will be conducted by the applicant.] of $400,000 or more.

      3.  The application must be accompanied by a bond or deposit receipt and the required fee as provided in this chapter.

      Sec. 109. NRS 573.033 is hereby amended to read as follows:

      573.033  1.  If an applicant delivers a surety bond to the Director pursuant to the provisions of subsection 1 of NRS 573.030, the surety bond must be:

      (a) In the [sum provided for in subsection 2.] amount of $200,000 or more but less than $1,000,000.

      (b) Executed by the applicant as principal and by a surety company qualified and authorized to do business in this state as surety.

      (c) A standard form and approved by the Director as to terms and conditions.

 


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      (d) Conditioned that the principal will not commit any fraudulent act and will comply with the provisions of this chapter and the rules and regulations adopted by the Department.

      (e) To the State of Nevada in favor of every consignor creditor whose livestock was handled or sold through or at the licensee’s public livestock auction.

      2.  [If the application for a license to operate a public livestock auction is submitted by a person who:

      (a) Has not operated in the past 12-month period, the Director shall determine the sum of the initial bond that the applicant must execute in favor of the State, which sum must be equal to an amount estimated to be 50 percent of the average monthly gross sales proceeds of the public livestock auction in the first 6 months of operation, but the sum must not be less than $10,000 or more than $100,000. At any time within the first 12 months of licensed operation, the Director may, upon written notice to the licensee, review the licensee’s operations and determine whether, because of increased or decreased sales, the amount of the bond should be altered.

      (b) Has operated in the past 12-month period, the Director shall determine the sum of the bond that the applicant must execute in favor of the State, which sum must be equal to an amount equal to 50 percent of the average monthly gross sales proceeds received by the public livestock auction during the 6 successive months of the last 12-month period which produced the highest dollar volume, but the sum must not be less than $10,000 or more than $100,000.

      3.]  The total and aggregate liability of the surety for all claims upon the bond must be limited to the face amount of the bond.

      Sec. 110. NRS 573.050 is hereby amended to read as follows:

      573.050  Upon receipt of an application for a license under this chapter, accompanied by the required bond and license fee, the Department shall examine the application, and if it finds the application to be in proper form and that the applicant has otherwise complied with this chapter, the [Department] Director or his or her designee shall grant and sign the license as applied for, subject to the provisions of this chapter.

      Sec. 111. NRS 573.080 is hereby amended to read as follows:

      573.080  Licenses [shall] must be renewed annually upon like application and procedure as in the case of original licenses. An application for renewal must be accompanied by:

      1.  A full audit completed not more than 2 months before the date of the application which must be signed and certified as correct by a holder of a live permit issued pursuant to chapter 628 of NRS.

      2.  The name and address of the bank or credit union where the custodial account for consignors’ proceeds will be established and maintained by the operator of the public livestock auction in compliance with the provisions of NRS 573.104.

      Sec. 112. NRS 573.103 is hereby amended to read as follows:

      573.103  [1.  Except as otherwise provided in subsection 2, every operator of a public livestock auction shall cause his or her accounts to be audited at least annually by a holder of a live permit under chapter 628 of NRS, and shall file with the Director a copy of the audit, signed and certified as correct by the auditor. The Director may prescribe by regulation the content and times for filing of the audits.

 


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      2.]  Every operator of a public livestock auction whose accounts are audited under the provisions of the Packers and Stockyards Act, 7 U.S.C. § 204, as amended, shall file a copy of each such audit with the Director.

      Sec. 113. NRS 573.105 is hereby amended to read as follows:

      573.105  [The Director shall ascertain, at least quarterly, the continued existence and] An operator of a public livestock auction shall notify the Department within 30 days after any change in the amount of the line of credit shown pursuant to paragraph (g) of subsection 2 of NRS 573.020, or its replacement by a line of credit at another bank or credit union in the State of Nevada and the amount of the replacement. If the line of credit is replaced, the custodial account must be transferred to the bank or credit union issuing the new line of credit. If a line of credit in the amount required is not maintained, the Director shall suspend the operator’s license.

      Sec. 114. NRS 573.140 is hereby amended to read as follows:

      573.140  1.  The yards, pens and premises where livestock is held or handled [shall] must be [regularly] cleaned and [disinfected] maintained for the purpose of preventing infectious, contagious or parasitic livestock diseases.

      2.  If livestock is held on the premises for more than 10 hours, then facilities for feeding and watering the livestock so held [shall] must be provided.

      Sec. 115. NRS 573.180 is hereby amended to read as follows:

      573.180  None of the provisions of this chapter shall be deemed to apply to the Nevada [Fair of] Mineral [Industries,] Exhibition, 4-H clubs, the Future Farmers of America, the Nevada Junior Livestock Show, the Nevada State Livestock Show, the Nevada Hereford Association, and any other organization or association which is entirely nonprofit in character.

      Sec. 116. NRS 573.190 is hereby amended to read as follows:

      573.190  1.  Any person who operates a public livestock auction without a license required by this chapter, or who violates any of the provisions of this chapter or of any rules or regulations adopted pursuant thereto, is guilty of a misdemeanor and, in addition to any criminal penalty, shall pay to the Department an administrative fine of not [more] less than $1,000 and not more than $5,000 per violation. If an administrative fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the Department.

      2.  Each day’s operation in which livestock is sold or exchanged at any unlicensed public livestock auction constitutes a separate offense.

      3.  Any money collected from the imposition of an administrative fine pursuant to subsection 1 must be accounted for separately and:

      (a) Fifty percent of the money must be used to fund a program selected by the Director that provides loans to persons who are engaged in agriculture and who are 21 years of age or younger; and

      (b) The remaining 50 percent of the money must be deposited in the Account for the Control of Weeds established by NRS 555.035.

      Sec. 117. NRS 575.120 is hereby amended to read as follows:

      575.120  The Department shall [prepare] provide a [form for] declaration of livestock and sheep on which an owner of livestock or sheep shall declare the average number, kind and classification of all livestock and sheep in the State owned by him or her during the year immediately preceding the date the declaration is made.

 


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      Sec. 118. NRS 575.130 is hereby amended to read as follows:

      575.130  1.  The Department shall [mail] provide the [form for] declaration to each owner of livestock or sheep listed in its most current report of such owners. [The Department may include the form with any other mailing sent to that owner.]

      2.  An owner of livestock or sheep who fails to complete [and return the form for] a declaration within 30 days after the date it was [mailed] provided to him or her is subject to a penalty of $5 assessed by the Department.

      Sec. 119. NRS 575.150 is hereby amended to read as follows:

      575.150  1.  Upon receipt of the [forms for] declaration of livestock and sheep and the report of owners of livestock and sheep, the Department shall:

      (a) Make an estimate of the number, kind and classification of all livestock and sheep owned by any person failing to return the [form for] declaration of livestock and sheep and include that information on the report; and

      (b) Examine each completed [form for] declaration of livestock and sheep and the report to determine its accuracy, and if there is any evidence that any information is inaccurate or incomplete, may change and correct any listing as to number, kind, classification, ownership or location by adding thereto or deducting therefrom as necessary to make the report complete and accurate.

      2.  The Department may verify the number of livestock or sheep by any reasonable means, including actual count at any reasonable time.

      3.  If the Department changes the listings on the report of owners of livestock and sheep for any owner and the listing for that owner does not conform to the listings on the [form for] declaration completed by that owner, the Department shall notify the owner of the change within 15 days after the change is made. The notification must contain a statement explaining the owner’s right to challenge the accuracy of the report made by the Department.

      Sec. 120. Chapter 576 of NRS is hereby amended by adding thereto the provisions set forth as sections 121 to 125, inclusive, of this act.

      Sec. 121. “Agricultural product” means a product of the soil, a farm product and any product commonly used to enhance agricultural production, including, without limitation, a product produced by hydroponic or aquatic farming. The term does not include a product inspected by a federal or other state agency.

      Sec. 122. “Free-sale certificate” means a document which certifies that an agricultural product which is proposed to be exported is the same type of agricultural product freely marketed and sold in this State.

      Sec. 123. “Produce vendor” means any person engaged in the sale of farm products other than any poultry, livestock or livestock product.

      Sec. 124. The Department may provide a free-sale certificate for an agricultural product if:

      1.  An application is submitted in the manner prescribed by the Director;

      2.  The applicant is located in this State; and

      3.  The agricultural product is grown, produced or processed in this State.

 


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      Sec. 125.  1.  Except as otherwise provided in subsection 2, the Department shall adopt regulations pursuant to which a person must register as a produce vendor.

      2.  A person who obtains certification pursuant to NRS 576.128 is not required to register as a produce vendor pursuant to this section.

      Sec. 126. NRS 576.010 is hereby amended to read as follows:

      576.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 576.0115 to 576.018, inclusive, and sections 121, 122 and 123 of this act have the meanings ascribed to them in those sections.

      Sec. 127. NRS 576.030 is hereby amended to read as follows:

      576.030  1.  Every person, before acting as a broker, dealer, commission merchant or agent, shall file an application with the Department for a license to transact such business. Separate applications must be filed for each class of business.

      2.  The application must be on a form prescribed and furnished by the Department and must set forth:

      (a) The full name of the person applying for the license. If the applicant is a firm, exchange, association or corporation, the full name of each member of the firm, or the names of the officers of the exchange, association or corporation must be given in the application.

      (b) If the applicant is a natural person, the social security number of the applicant.

      (c) The principal business address of the applicant in this State and elsewhere.

      (d) The name of the person authorized to accept service of summons and legal notice of all kinds for the applicant.

      (e) The names and addresses of all persons by whom the applicant has been employed for a period of 3 years immediately preceding the making of the application.

      (f) A complete statement of the applicant’s business activity for the 3 years immediately preceding the making of the application which is not covered by paragraph (e).

      (g) [A statement of whether the applicant has ever been arrested for any crime other than a traffic violation punishable by a fine of $25 or less and, if so, when and where, the nature of the crime charged, the disposition of the charge, the title and address of the police officers having custody of the record of arrest, and the names and locations of all the courts before which any proceedings in connection with the arrest took place.

      (h) A statement of whether the applicant has ever been a party in a civil suit and, if so, the nature of the suit, whether the applicant was the plaintiff or the defendant, the disposition of the suit, and, if the applicant was the defendant and lost, whether there is a judgment or any portion thereof which remains unpaid.

      (i)] The county or counties in which the applicant proposes to engage in business.

      [(j)](h) The class or classes of farm products the applicant proposes to handle.

      [(k)](i) Such other information as the Department may reasonably require.

 


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      3.  In addition to the general requirements applicable to all classes of applications as set forth in subsection 2, [the following requirements apply to the class of applications specified in this subsection:

      (a) Commission merchants. Each application must include a complete schedule of commissions and an itemized listing of all charges for all services. Any services rendered for which charges are made, if not listed in the schedule on the application, must be rendered on a strictly cost basis.

      (b) Agents. Each] each application for a license as an agent must be in the same form as an application for a license as a broker, dealer or commission merchant, and must include the name and address of the broker, dealer or commission merchant represented or sought to be represented by the agent, and the written endorsement or nomination of the broker, dealer or commission merchant.

      4.  The application must be accompanied by an executed instrument whereby the applicant:

      (a) Appoints and constitutes the Director and the Director’s successor or successors in office the true and lawful attorney of the applicant upon whom all lawful process in any action or legal proceeding against the applicant arising in this State from a transaction under the provisions of this chapter may be served; and

      (b) Agrees that any lawful process against the applicant which may be served upon the applicant’s attorney as provided in this subsection is of the same force and validity as if served upon the applicant and that the authority thereof continues in force irrevocably as long as any liability of the applicant in the State remains outstanding.

      Sec. 128. NRS 576.035 is hereby amended to read as follows:

      576.035  1.  [The Department shall require the applicant for a license as a broker, dealer, commission merchant or agent to make a showing of character, responsibility and good faith in seeking to carry on the business stated in the application, and may make investigations, hold hearings and make determinations regarding those matters.

      2.  If the applicant is a corporation or partnership, it shall satisfy the Department of the character, responsibility and good faith of all persons connected with it in a responsible or managing position, including the manager, superintendent, officer and director.

      3.  Failure of any person to satisfy the Department of the person’s character, responsibility or good faith may be considered by the Department as adverse to a showing of such qualifications and is sufficient grounds for the denial of an application for a license or of the renewal thereof.] A previous conviction of a felony, previous bankruptcy, voluntary or involuntary, or previous violation of this chapter may be considered by the Department as adverse to a showing of [such] character, responsibility or good faith on the part of [the] an applicant [.

      4.] for a license as a broker, dealer, commission merchant or agent.

      2.  Any person adjudged a bankrupt, or any person against whose bondsman or bondsmen or deposit in lieu of bond a claim has been collected by a court order, who has not made full settlement with all producer-creditors, may not be licensed by the Department for 3 years after the date of the adjudication or collection.

      [5.]3.  The Department may refuse to accept a new application for a license by an applicant rejected pursuant to this section for a period not exceeding 3 years after the date of rejection of the first application.

 


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      Sec. 129. NRS 576.042 is hereby amended to read as follows:

      576.042  1.  Any:

      (a) Producer of livestock or farm products or the producer’s agent or consignee [;] or produce vendor;

      (b) Licensed broker, dealer or commission merchant; or

      (c) Nonprofit organization or association, including the Nevada [Fair of] Mineral [Industries,] Exhibition, 4-H clubs, the Future Farmers of America, the Nevada Junior Livestock Show, the Nevada State Livestock Show and the Nevada Hereford Association,

Ê who is injured by any violation of the provisions of this chapter, or by any misrepresentations or fraud on the part of any licensed dealer, broker or commission merchant, may maintain a civil action against the dealer, broker or commission merchant. If the dealer, broker or commission merchant is licensed, he or she may also maintain an action against the surety on any bonds, or the money or securities deposited in lieu of a bond. In such an action against an unlicensed dealer, broker or commission merchant, the injured person is entitled to treble damages.

      2.  Any person having a claim pursuant to subsection 1 against any licensed dealer, broker or commission merchant must begin legal action on any bond, or money or securities deposited in lieu of a bond, for recovery of the amount claimed to be due within 1 year after the claim has accrued.

      3.  Pursuant to subsection 4 of NRS 576.030, process may be served by delivering to the Director duplicate copies of the process and paying a fee established by regulation of the State Board of Agriculture. The service upon the Director shall be deemed service upon the dealer, broker or commission merchant. The Director shall forward one copy of the process by registered mail prepaid to the defendant dealer, broker or commission merchant, specifying the day and hour of service. The return receipt of the defendant is prima facie evidence of the completion of service. If service of summons is made upon the Director in accordance with the provisions of this subsection, the period within which the defendant must appear is extended 10 days. The provisions of this subsection are not exclusive, but if a defendant dealer, broker or commission merchant is found within the State of Nevada, he or she must be served with process in the State of Nevada.

      Sec. 130. NRS 576.048 is hereby amended to read as follows:

      576.048  1.  If the Department receives notice from a producer of livestock or farm products or the producer’s agent or consignee or produce vendor of the default of a licensed dealer, broker or commission merchant, the Department shall issue an order to the licensee to show cause why his or her license should not be revoked. The notice must be in writing and set forth a time and place for a hearing to be held before the Director.

      2.  If a license is revoked pursuant to subsection 1, the Director shall, by publication in a newspaper of general circulation in the area, notify all known producers of livestock or farm products in the area in which the licensee operated that the license has been revoked.

      Sec. 131. NRS 576.100 is hereby amended to read as follows:

      576.100  1.  An agent shall not act for any dealer, broker or commission merchant unless:

      (a) The dealer, broker or commission merchant is licensed and has designated the agent to act in his or her behalf; and

      (b) The Department has been notified in writing and has approved the appointment of the agent.

 


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      2.  The dealer, broker or commission merchant is accountable and responsible for contracts made by his or her agents.

      3.  An agent must, before approval by the Department, file an application with the Department pursuant to [paragraph (b) of] subsection 3 of NRS 576.030.

      Sec. 132. NRS 576.120 is hereby amended to read as follows:

      576.120  1.  The Department may refuse to grant or renew a license or [registration as provided in subsection 4 of NRS 576.140 or] may suspend or revoke a license [or registration as provided in subsection 4 of NRS 576.140] if, after notice and a hearing, the Department is satisfied of the existence of any of the following facts, the existence of which is hereby declared to be a violation of this chapter:

      (a) That the applicant or licensee has intentionally made any false or misleading statement concerning the conditions of the market for any farm products.

      (b) That the applicant or licensee has made fictitious sales or has been guilty of collusion to defraud the producer.

      (c) That the licensee was intentionally guilty of fraud or deception in the procurement of the license.

      (d) That the applicant or licensee has in the handling of any farm products been guilty of fraud, deceit or willful negligence.

      (e) That the licensee, without reasonable cause, has failed or refused to execute or carry out a lawful contract with a producer.

      (f) That the licensee, without reasonable cause, has issued checks for the payment of farm products received without sufficient money to cover them or has stopped payment on a check given in payment for farm products received.

      (g) That the licensee, without reasonable cause, has failed to account or make payment for farm products as required by this chapter.

      (h) That the licensee has knowingly employed an agent without causing the agent to comply with the licensing requirements of this chapter applicable to agents.

      (i) That the licensee has failed or refused to maintain and file records as required by this chapter.

      (j) That the licensee has failed or refused to maintain a bond or other security as required by the provisions of NRS 576.040.

      2.  The Department may suspend, pending inquiry, for not longer than 30 days, and after hearing or investigation may refuse to grant, renew or revoke any license as the case may require, if it is satisfied that the licensee has become bankrupt or insolvent, and is thereby unable to pay producer-creditors of the licensee, or producers with whom the licensee has executory or executed contracts for the purchase of farm products, or for the handling of farm products on consignment.

      3.  A license is suspended automatically, without action of the Department, if the bond filed pursuant to subsection 1 of NRS 576.040 is cancelled, and remains suspended until the bond is renewed.

      4.  In the case of any hearing held under the provisions of this section, there must be filed in the office of the Department a memorandum stating briefly the reasons of the Department for the denial, suspension or revocation of the license, but formal findings of fact need not be made or filed.

 


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      Sec. 133. NRS 576.128 is hereby amended to read as follows:

      576.128  1.  The Department shall adopt regulations pursuant to which a person [may obtain certification that the person] who is an actual producer of farm products other than any livestock, livestock product or poultry [.] must obtain certification as an actual producer of farm products. The regulations may include provisions for the certification by reciprocity of a person who holds a similar certification from another jurisdiction where the requirements for that certification are substantially equal to the requirements in this state.

      2.  The Department may impose fees for the certification of a person as an actual producer of farm products specified in subsection 1 and any inspections necessary for that certification. The fees must be set in an amount which approximates the cost to the Department of performing those services and activities.

      3.  A person who obtains certification pursuant to this section is exempt from any:

      (a) Tax or other fee imposed pursuant to NRS 244.335, 266.355, subsection 7 of NRS 266.600, NRS 268.095, 269.170 or 269.175, relating to the issuance of any license to sell or offer to sell, in its natural and unprocessed state directly to any consumer, restaurant or grocery store, farm products specified in subsection 1 for which the person has obtained certification pursuant to this section.

      (b) Fee imposed for:

             (1) The issuance of a permit pursuant to the provisions of chapter 446 of NRS to sell or offer to sell, in its natural and unprocessed state directly to any consumer, restaurant or grocery store, farm products specified in subsection 1 for which the person has obtained certification pursuant to this section; or

             (2) Any inspection conducted pursuant to the provisions of chapter 446 of NRS relating to such a sale or offer to sell.

      Sec. 134. NRS 576.140 is hereby amended to read as follows:

      576.140  Except as otherwise provided in NRS 576.042, the provisions of this chapter do not apply to:

      1.  The Nevada [Fair of] Mineral [Industries,] Exhibition, 4-H clubs, the Future Farmers of America, the Nevada Junior Livestock Show, the Nevada State Livestock Show, the Nevada Hereford Association, or any other nonprofit organization or association.

      2.  Any railroad transporting livestock interstate or intrastate.

      3.  Any farmer or rancher purchasing or receiving livestock for grazing, pasturing or feeding on his or her premises within the State of Nevada and not for immediate resale.

      4.  Operators of public livestock auctions as defined in NRS 573.010, and all buyers of livestock at those auctions at which the public livestock auction licensee does not control title or ownership to the livestock being sold or purchased at those auctions, and any person buying for interstate shipments only and subject to and operating under a bond required by the United States pursuant to the provisions of the Packers and Stockyards Act, 7 U.S.C. § 204, and the regulations adopted pursuant to those provisions. [Each person exempted by the provisions of this subsection shall register annually with the Department, giving the location of his or her place of business, the number of his or her license and bond and the expiration date thereof.

 


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business, the number of his or her license and bond and the expiration date thereof. Each such registrant shall pay an annual registration fee of $40 to the Department.]

      5.  Any farmer or rancher whose farm or ranch is located in the State of Nevada, who buys or receives farm products or livestock from another farmer or rancher not for immediate resale.

      6.  Any retail merchant having a fixed and established place of business in this state and who conducts a retail business exclusively.

      Sec. 135. NRS 576.150 is hereby amended to read as follows:

      576.150  1.  Except as otherwise provided by a specific statute, a person who acts as a dealer, broker, commission merchant or agent without a license therefor as required by the provisions of this chapter, or who violates any other provision of this chapter, or any of the regulations lawfully adopted pursuant to provisions of this chapter, is guilty of a misdemeanor. If the violation relates to the failure to make payment for farm products, an intent to defraud must be proven before a misdemeanor or other penalty may be imposed.

      2.  Any prosecution brought pursuant to this chapter may be brought in any county of this State in which the defendant or any one of the defendants resides, or in which the unlawful act was committed, or in which the defendant or any one of the defendants has his or her principal place of business.

      3.  In addition to any criminal penalty imposed pursuant to, or any remedy provided by, this chapter, the Director, after notice and a hearing in an administrative proceeding, may issue an order against any person who has violated any provision of this chapter or any regulation adopted pursuant to this chapter imposing a civil penalty of not more than $5,000 for each violation. [Any civil penalty collected pursuant to this subsection must be deposited in the State General Fund.]

      4.  Any money collected from the imposition of a civil penalty pursuant to subsection 3 must be accounted for separately and:

      (a) Fifty percent of the money must be used to fund a program selected by the Director that provides loans to persons who are engaged in agriculture and who are 21 years of age or younger; and

      (b) The remaining 50 percent of the money must be deposited in the Account for the Control of Weeds established by NRS 555.035.

      Sec. 136. NRS 581.067 is hereby amended to read as follows:

      581.067  The State Sealer of Consumer Equitability shall:

      1.  Adopt regulations establishing such primary standards and secondary standards for weights and measures for use in this State as the State Sealer of Consumer Equitability determines appropriate.

      2.  Maintain traceability of the state standards to the national standards of the National Institute of Standards and Technology.

      3.  Enforce the provisions of this chapter.

      4.  Adopt other reasonable regulations for the enforcement of this chapter.

      5.  Establish requirements for:

      (a) Labeling;

      (b) The presentation of information relating to cost per unit;

      (c) Standards of weight, measure or count, and reasonable standards of fill, for any packaged commodity; and

      (d) Information relating to open dating of packaged food.

 


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      6.  Grant such exemptions from the provisions of this chapter or any regulations adopted pursuant thereto as the State Sealer of Consumer Equitability determines appropriate to the maintenance of good commercial practices within this State.

      7.  Conduct investigations to ensure compliance with this chapter.

      8.  Delegate to appropriate personnel any of the responsibilities of the Division as needed for the proper administration of the Division.

      9.  Adopt regulations establishing a schedule of civil penalties for any violation of NRS 581.415 [.] and for any point-of-sale system or cash register determined not to be in compliance with the provisions of subsection 19.

      10.  Inspect and test commercial weights and measures that are kept, offered or exposed for sale.

      11.  Inspect and test, to ascertain if they are correct, weights and measures that are commercially used to:

      (a) Determine the weight, measure or count of commodities or things that are sold, or offered or exposed for sale, on the basis of weight, measure or count; or

      (b) Compute the basic charge or payment for services rendered on the basis of weight, measure or count.

      12.  Test all weights and measures used in checking the receipt or disbursement of supplies by entities funded by legislative appropriations.

      13.  Approve for use such commercial weights and measures as the State Sealer of Consumer Equitability determines are correct and appropriate. The State Sealer of Consumer Equitability may mark such commercial weights and measures. The State Sealer of Consumer Equitability shall reject and order to be corrected, replaced or removed any commercial weights and measures found to be incorrect. Weights and measures that have been rejected may be seized if they are not corrected within the time specified or if they are used or disposed of in a manner not specifically authorized. The State Sealer of Consumer Equitability shall remove from service and may seize weights and measures found to be incorrect that are not capable of being made correct.

      14.  Weigh, measure or inspect packaged commodities that are kept, offered or exposed for sale, sold or in the process of delivery to determine whether the packaged commodities contain the amounts represented and whether they are kept, offered or exposed for sale in accordance with this chapter or the regulations adopted pursuant thereto. In carrying out the provisions of this subsection, the State Sealer of Consumer Equitability shall employ recognized sampling procedures, including, without limitation, sampling procedures adopted by the National Conference on Weights and Measures.

      15.  Adopt regulations prescribing the appropriate term or unit of weight or measure to be used whenever the State Sealer of Consumer Equitability determines that an existing practice of declaring the quantity of a commodity, or of setting charges for a service by weight, measure, numerical count or time, or any combination thereof, does not facilitate value comparisons by consumers or may confuse consumers.

      16.  Allow reasonable variations from the stated quantity of contents that entered intrastate commerce, which must include those variations caused by loss or gain of moisture during the course of good distribution practices or by unavoidable deviations in good manufacturing practices.

 


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ê2015 Statutes of Nevada, Page 3622 (Chapter 526, AB 77)ê

 

      17.  Provide for the training of persons employed by any governmental entity within this State, including, without limitation, state, county and municipal personnel, who enforce the provisions of this chapter and chapter 582 of NRS, and any regulations adopted pursuant thereto, relating to weights and measures. The State Sealer of Consumer Equitability may establish by regulation minimum training and performance requirements which must be met by all such persons.

      18.  Verify advertised prices [,] and price representations , [and point-of-sale systems,] as necessary, to determine [the] their accuracy .

      19.  Without charging and collecting a fee, conduct random tests of point-of-sale systems and cash registers to determine the accuracy of prices , including advertised prices and price representations, and computations and the correct use of the equipment, and, if such systems utilize scanning or coding means in lieu of manual entry, the accuracy of prices printed or recalled from a database. [In carrying out the provisions of this subsection, the State Sealer of Consumer Equitability shall:

      (a)]20.  Employ recognized procedures for making [such] verifications and determinations of accuracy, including, without limitation, any appropriate procedures designated by the National Institute of Standards and Technology . [;

      (b)]21.  Adopt regulations and issue orders regarding standards for the accuracy of advertised prices and automated systems for retail price charging, [or] point-of-sale systems [,] and cash registers, and for the enforcement of those standards . [; and

      (c)]22.  Conduct investigations to ensure compliance with [those standards.] the regulations adopted pursuant to subsection 21.

      Sec. 137. (Deleted by amendment.)

      Sec. 138. NRS 581.417 is hereby amended to read as follows:

      581.417  1.  A person subject to a civil penalty may request an administrative hearing within 10 days after receipt of the notice of the civil penalty. The State Sealer of Consumer Equitability or a designee shall conduct the hearing after giving appropriate notice to the respondent. The decision of the State Sealer of Consumer Equitability or the designee is subject to appropriate judicial review.

      2.  If the respondent has exhausted all administrative appeals and the civil penalty has been upheld, the respondent shall pay the civil penalty:

      (a) If no petition for judicial review is filed pursuant to NRS 233B.130, within 40 days after the final decision of the State Sealer of Consumer Equitability [;] or designee; or

      (b) If a petition for judicial review is filed pursuant to NRS 233B.130 and the civil penalty is upheld, within 10 days after the effective date of the final decision of the court.

      3.  If the respondent fails to pay the penalty, a civil action may be brought by the State Sealer of Consumer Equitability in any court of competent jurisdiction to recover the civil penalty. [All civil penalties collected pursuant to this chapter must be deposited with the State Treasurer for credit to the State General Fund.]

      4.  Any money collected from the recovery of a civil penalty pursuant to subsection 3 must be accounted for separately and:

 


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ê2015 Statutes of Nevada, Page 3623 (Chapter 526, AB 77)ê

 

      (a) Fifty percent of the money must be used to fund a program selected by the Director of the State Department of Agriculture that provides loans to persons who are engaged in agriculture and who are 21 years of age or younger; and

      (b) The remaining 50 percent of the money must be deposited in the Account for the Control of Weeds established by NRS 555.035.

      Sec. 139. Chapter 583 of NRS is hereby amended by adding thereto the provisions set forth as sections 140 and 141 of this act.

      Sec. 140. As used in this chapter, unless the context otherwise requires, “Department” means the State Department of Agriculture.

      Sec. 141. 1.  Any person violating any provision of this chapter or any regulation adopted pursuant thereto is subject to a civil penalty. In addition to any other penalties set forth in this chapter, the Director of the Department may assess a civil penalty not to exceed:

      (a) For the first violation, $250.

      (b) For a second violation, $500.

      (c) For each subsequent violation, $1,000.

      2.  Any money collected from the imposition of a civil penalty pursuant to subsection 1 must be accounted for separately and:

      (a) Fifty percent of the money must be used to fund a program selected by the Director of the Department that provides loans to persons who are engaged in agriculture and who are 21 years of age or younger; and

      (b) The remaining 50 percent of the money must be deposited in the Account for the Control of Weeds established by NRS 555.035.

      Sec. 142. NRS 583.010 is hereby amended to read as follows:

      583.010  1.  No person shall bring, expose or offer for sale, or sell [in any city or town] within this state, for human food, any [:

      (a) Blown, meager,] unsound, diseased or [bad] unwholesome fish, meat or game . [; or

      (b) Unsound, diseased or unwholesome fish.]

      2.  No person shall bring, expose or offer for sale, or sell [in any city or town] within this state, the flesh of any animal which, when killed, was sick or diseased, or that died a natural or accidental death.

      3.  No person shall slaughter, expose for sale or sell, or bring or cause to be brought into [any city or town within] this state, for human food, any calf unless it is in good, healthy condition . [and 4 weeks of age.]

      4.  Any article or animal that shall be offered or exhibited for sale, in any part of this state, in any market or elsewhere, as though it were intended for sale, shall be deemed offered and exposed for sale, within the intent and meaning of this section.

      5.  Any person who, in violation of the provisions of this section, shall bring, slaughter, expose or offer for sale, or sell [in any city or town] within this state any article or animal which is unfit or unsafe for human food shall forfeit the same to the authorities.

      6.  Any sheriff, constable, police officer or other peace officer or the [Chief Medical] State Quarantine Officer shall forthwith remove any of the animals or articles named in this section, when aware of the existence thereof, at the expense of the owner thereof, in a manner that will ensure safety and protection to the public.

      7.  Any person violating any of the provisions of this section [shall be guilty of a misdemeanor.] is subject to a civil penalty pursuant to section 141 of this act.

 


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ê2015 Statutes of Nevada, Page 3624 (Chapter 526, AB 77)ê

 

      Sec. 143. (Deleted by amendment.)

      Sec. 144. NRS 583.030 is hereby amended to read as follows:

      583.030  1.  It shall be unlawful for any person, firm or corporation to possess, with intent to sell:

      (a) The carcass or part of any carcass of any animal which has died from any cause other than being slaughtered in a sanitary manner; or

      (b) The carcass or part of any carcass of any animal that shows evidence of any disease, or that came from a sick or diseased animal . [; or

      (c) The carcass or part of the carcass of any calf that was killed before it had attained the age of 4 weeks.]

      2.  Any person, firm or corporation violating any of the provisions of this section [shall be guilty of a misdemeanor.] is subject to a civil penalty pursuant to section 141 of this act.

      Sec. 145. NRS 583.040 is hereby amended to read as follows:

      583.040  1.  It shall be unlawful for any person, firm or corporation to sell within this State, or to possess with the intent to sell within this State, for human food, the carcass or parts of the carcass of any animal which has been slaughtered, or is prepared, handled or kept under insanitary conditions, or any primal cut of meat which is not stamped with an approved stamp authorized by the [Division of Public and Behavioral Health of the Department of Health and Human Services.] Department.

      2.  Insanitary conditions shall be deemed to exist in any slaughterhouse that does not comply with the provisions of chapter 446 of NRS.

      3.  Any person, firm or corporation violating any of the provisions of this section [shall be guilty of a misdemeanor.] is subject to a civil penalty pursuant to section 141 of this act.

      Sec. 146. NRS 583.045 is hereby amended to read as follows:

      583.045  1.  No person or corporation may sell or offer for sale to the consumer through a meat market, store or otherwise any meats, either fresh or frozen, which are products of any country foreign to the United States, without first indicating such fact by labels or brands on each quarter, half or whole carcass of such meat, and on each counter display containing any of the above-described products, naming the country of its origin.

      2.  Any person violating any of the provisions of this section is [guilty of a misdemeanor.] subject to a civil penalty pursuant to section 141 of this act.

      Sec. 147. NRS 583.050 is hereby amended to read as follows:

      583.050  1.  It shall be unlawful for any person to sell the meat of any equine animal without informing the purchaser thereof, at the time of such sale, that the meat is the meat of an equine animal.

      2.  It shall be unlawful for any person peddling the meat of any equine animal, who is not the keeper of any shop or meat market, to sell such meat without possessing then and there the hide of such animal containing the brand and other marks thereon, and upon request not to exhibit the hide of such animal containing the brand and other marks thereon.

      3.  Any person violating any of the provisions of this section [shall be guilty of a misdemeanor.] is subject to a civil penalty pursuant to section 141 of this act.

      Sec. 148. NRS 583.055 is hereby amended to read as follows:

      583.055  1.  The [State] Department [of Agriculture shall] may establish a program for grading and certifying meats, prepared meats and meat products in conformity with federal practice.

 


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ê2015 Statutes of Nevada, Page 3625 (Chapter 526, AB 77)ê

 

      2.  The Department may enter into cooperative agreements with the Agricultural Marketing Service of the United States Department of Agriculture and the College of Agriculture , Biotechnology and Natural Resources of the University of Nevada, Reno, and adopt appropriate regulations to carry out the program.

      3.  The Department may establish fees, to be collected from slaughtering or other processing operations, for the purpose of grading and certifying meats, prepared meats and meat products.

      Sec. 149. NRS 583.060 is hereby amended to read as follows:

      583.060  1.  No person shall bring, expose or offer for sale, or sell [in any city or town] within this state for human food any unsound, diseased or unwholesome fruit, vegetables or other market produce.

      2.  Any article that shall be offered or exhibited for sale, in any part of this state, in any market or elsewhere, as though it were intended for sale, shall be deemed offered and exposed for sale, within the intent and meaning of this section.

      3.  Any person who, in violation of the provisions of this section, shall bring, expose or offer for sale, or sell [in any city or town] within this state any article which is unfit or unsafe for human food shall forfeit the same to the authorities.

      4.  Any sheriff, constable, police officer or other peace officer or the [Chief Medical] State Quarantine Officer shall forthwith remove any of the articles named in this section, when aware of the existence thereof, at the expense of the owner thereof, in a manner that will ensure safety and protection to the public.

      5.  Any person violating any of the provisions of this section [shall be guilty of a misdemeanor.] is subject to a civil penalty pursuant to section 141 of this act.

      Sec. 150. NRS 583.070 is hereby amended to read as follows:

      583.070  1.  No person shall bring, expose or offer for sale, or sell [in any city or town] within this state for human food any [blown, meager,] unsound, diseased or [bad] unwholesome poultry.

      2.  Any article that shall be offered or exhibited for sale, in any part of this state, in any market or elsewhere, as though it were intended for sale, shall be deemed offered and exposed for sale, within the intent and meaning of this section.

      3.  Any person who, in violation of the provisions of this section, shall bring, expose or offer for sale, or sell [in any city or town] within this state any article which is unfit or unsafe for human food shall forfeit the same to the authorities.

      4.  Any sheriff, constable, police officer or other peace officer or the [Chief Medical] State Quarantine Officer shall forthwith remove any of the articles named in this section, when aware of the existence thereof, at the expense of the owner thereof, in a manner that will ensure safety and protection to the public.

      5.  Any person violating any of the provisions of this section [shall be guilty of a misdemeanor.] is subject to a civil penalty pursuant to section 141 of this act.

      Sec. 151. NRS 583.080 is hereby amended to read as follows:

      583.080  1.  It shall be unlawful for any person, firm or corporation to possess, with intent to sell:

 


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      (a) The carcass or part of any carcass of any fowl which has died from any cause other than being slaughtered in a sanitary manner;

      (b) The carcass or part of any carcass of any fowl that shows evidence of any disease, or that came from a sick or diseased fowl; or

      (c) The carcass or part of any carcass of any fowl not processed in an establishment approved by the [Division of Public and Behavioral Health of the Department of Health and Human Services] Department or in accordance with poultry regulations adopted by the [Division.] Department.

      2.  Any person, firm or corporation violating any of the provisions of this section [shall be guilty of a misdemeanor.] is subject to a civil penalty pursuant to section 141 of this act.

      Sec. 152. NRS 583.210 is hereby amended to read as follows:

      583.210  Any person who violates any of the provisions of NRS 583.110 to 583.200, inclusive, [shall be guilty of a misdemeanor.] is subject to a civil penalty pursuant to section 141 of this act.

      Sec. 153. NRS 583.255 is hereby amended to read as follows:

      583.255  As used in NRS 583.255 to 583.555, inclusive, unless the context otherwise requires, the words and terms defined in NRS 583.265 to 583.429, inclusive, have the meanings ascribed to them in [NRS 583.265 to 583.429, inclusive.] those sections.

      Sec. 154. NRS 583.295 is hereby amended to read as follows:

      583.295  “Inspector” means:

      1.  A person who has entered into a contract pursuant to NRS 583.448; or

      2.  An employee or official of the [Division of Public and Behavioral Health of the Department of Health and Human Services] Department authorized by the Officer to inspect livestock, poultry, game mammals or birds or carcasses or parts thereof.

      Sec. 155. NRS 583.365 is hereby amended to read as follows:

      583.365  “Officer” means the [Chief Medical] State Quarantine Officer.

      Sec. 156. NRS 583.375 is hereby amended to read as follows:

      583.375  “Official establishment” means any establishment in this state, other than an establishment covered by subsection 1 of NRS 583.545, which on a commercial basis slaughters [or processes] for hire any meat animal, game mammal, poultry or game bird for human consumption, and which has been inspected and approved by the Officer.

      Sec. 157. NRS 583.435 is hereby amended to read as follows:

      583.435  1.  Meat, meat food products, and poultry products are an important source of the supply of human food in this State and legislation to assure that such food supplies are unadulterated and otherwise fit for human consumption, and properly labeled, is in the public interest. Therefore, it is hereby declared to be the policy of this State to provide for the inspection of slaughtered livestock, poultry and other animals, and the carcasses and parts thereof which are used for human food, at certain establishments to prevent the distribution in intrastate commerce, for human consumption, of animal carcasses and parts thereof which are adulterated or otherwise unfit for human food.

      2.  The [Division of Public and Behavioral Health of the Department of Health and Human Services] Department is hereby designated as the single state agency primarily responsible for the administration of the program established by NRS 583.255 to 583.555, inclusive.

 


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      Sec. 158. NRS 583.445 is hereby amended to read as follows:

      583.445  1.  The Officer, an inspector or a person acting as an inspector shall make an ante mortem inspection of livestock, poultry and game mammals and birds in any official establishment where livestock, poultry or game mammals or birds are slaughtered for commercial purposes.

      2.  Whenever slaughtering [or other processing] operations are being conducted, the Officer, an inspector or a person acting as an inspector shall make postmortem inspection of the carcasses and parts thereof of each animal and bird slaughtered in an official establishment.

      3.  The Officer, inspector or person acting as an inspector shall quarantine, segregate and reinspect livestock, poultry, game mammals and birds, and carcasses and parts thereof in official establishments as he or she deems necessary to effectuate the purposes of NRS 583.255 to 583.555, inclusive.

      4.  Except as otherwise provided in this section, all carcasses of livestock, poultry, other animals and parts thereof found by the Officer, an inspector or person acting as an inspector to be adulterated in any official establishment must be condemned by the Officer or an inspector. If no appeal is taken from the determination of condemnation, the carcasses must be destroyed for human food purposes under the supervision of an inspector unless the carcasses can, by [reprocessing,] processing, be made unadulterated. In such a case they need not be so condemned and destroyed if [reprocessed] processed under the supervision of an inspector and thereafter found to be unadulterated. If any appeal is taken from the determination of condemnation, the carcasses must be appropriately marked and segregated pending completion of an additional inspection. The appeal is at the cost of the appellant if the Officer, after a hearing, determines that the appeal is frivolous. If the determination of condemnation is sustained, the carcasses must be destroyed for human food purposes under the supervision of an inspector.

      Sec. 159. NRS 583.453 is hereby amended to read as follows:

      583.453  1.  A person shall not operate an official establishment unless the person receives a permit issued by the Officer.

      2.  A person must apply for a permit [on a form provided by the Division of Public and Behavioral Health of the Department of Health and Human Services.] in the manner prescribed by the Department. The application must include:

      (a) The applicant’s full name and address;

      (b) A statement whether the applicant is a natural person, firm or corporation, and if a partnership, the names and addresses of the partners;

      (c) A statement of the location and type of proposed establishment; and

      (d) The signature of the applicant.

      3.  Upon receipt of an application, an inspector shall make an inspection of the establishment. If the inspection indicates that the requirements of this chapter have been met, the Officer shall issue a permit to the applicant.

      4.  A permit issued pursuant to this section is not transferable and must be posted in the establishment.

      Sec. 160. NRS 583.455 is hereby amended to read as follows:

      583.455  1.  Each official establishment at which livestock, poultry or game mammals or birds are slaughtered [or carcasses or parts thereof are processed] for intrastate commerce must be operated in accordance with sanitary practices required by rules or regulations prescribed by the Officer.

 


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Carcasses or parts of livestock, poultry or game mammals or birds must not be admitted into any official establishment unless they have been prepared in accordance with procedures approved pursuant to NRS 583.255 to 583.555, inclusive, the Wholesome Poultry Products Act or the Wholesome Meat Act, or unless their admission is permitted by rules or regulations prescribed by the [State Board of Health.] Department.

      2.  The Officer may issue a permit for an establishment to operate as an official establishment but shall not approve any establishment whose premises, facilities or equipment, or the operation thereof, fail to meet the requirements of this section.

      3.  A local government shall not issue a business license for operation of any establishment unless it has been issued a permit as an official establishment.

      Sec. 161. NRS 583.472 is hereby amended to read as follows:

      583.472  1.  It is unlawful for the owner, proprietor or manager of a retail meat market, personally or through another, to advertise any prepackaged meat or meat food product with a United States Department of Agriculture grade unless such meat or meat food product is actually available to the public and bears the grade awarded to it by the United States Department of Agriculture.

      2.  It is unlawful for the owner, proprietor or manager of a retail meat market, personally or through another, to advertise carcass, quarter or primal cuts of meat with a USDA grade unless the USDA yield grade is included in the advertisement.

      3.  Any person who violates any provision of this section shall be punished by a fine of not [more] less than $500 [.] or more than $2,000.

      Sec. 162. NRS 583.475 is hereby amended to read as follows:

      583.475  It is unlawful for any person:

      1.  To process, sell or offer for sale, transport or deliver or receive for transportation, in intrastate commerce, any livestock or poultry carcass or part thereof unless such article has been inspected and unless the article and its shipping container and immediate container, if any, are marked in accordance with the requirements of NRS 583.255 to 583.555, inclusive, or the Wholesome Meat Act or the Wholesome Poultry Products Act.

      2.  To sell or otherwise dispose of, for human food, any livestock or poultry carcass or part thereof which has been inspected and declared to be adulterated in accordance with NRS 583.255 to 583.555, inclusive, or which is misbranded.

      3.  Falsely to make or issue, alter, forge, simulate or counterfeit or use without proper authority any official inspection certificate, memorandum, mark or other identification, or device for making such mark or identification, used in connection with inspection in accordance with NRS 583.255 to 583.555, inclusive, or cause, procure, aid, assist in, or be a party to such false making, issuing, altering, forging, simulating, counterfeiting or unauthorized use, or knowingly to possess, without promptly notifying the Officer or the Officer’s representative, utter, publish or use as true, or cause to be uttered, published or used as true, any such falsely made or issued, altered, forged, simulated or counterfeited official inspection certificate, memorandum, mark or other identification, or device for making such mark or identification, or to represent that any article has been officially inspected in accordance with NRS 583.255 to 583.555, inclusive, when such article has in fact not been so inspected, or knowingly to make any false representations in any certificate prescribed by the Officer or any form resembling any such certificate.

 


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in fact not been so inspected, or knowingly to make any false representations in any certificate prescribed by the Officer or any form resembling any such certificate.

      4.  To misbrand or do an act intending to misbrand any livestock or poultry carcass or part thereof, in intrastate commerce.

      5.  To use any container bearing an official inspection mark unless the article contained therein is in the original form in which it was inspected and covered by such mark unless the mark is removed, obliterated or otherwise destroyed.

      6.  To refuse at any reasonable time to permit access:

      (a) By [a health officer or the health officer’s] the Officer or his or her agents to the premises of an establishment in this state where carcasses of livestock or poultry, or parts thereof, are processed for intrastate commerce.

      (b) By the Secretary of Agriculture or the Secretary’s representative to the premises of any establishment specified in paragraph (a), for inspection and the taking of reasonable samples.

      7.  To refuse to permit access to and the copying of any record as authorized by NRS 583.485.

      8.  To use for personal advantage, or reveal, other than to the authorized representatives of any state agency in their official capacity, or to the courts when relevant in any judicial proceeding, any information acquired under the authority of NRS 583.255 to 583.555, inclusive, concerning any matter which as a trade secret is entitled to protection.

      9.  To deliver, receive, transport, sell or offer for sale or transportation in intrastate commerce, for human consumption, any uneviscerated slaughtered poultry, or any livestock or poultry carcass or part thereof which has been processed in violation of any requirements under NRS 583.255 to 583.555, inclusive, except as may be authorized by and pursuant to rules and regulations prescribed by the Officer.

      10.  [To deliver, receive, transport, sell or offer for sale or transportation in intrastate commerce any adulterated or misbranded livestock or poultry carcass or part thereof which is exempted under NRS 583.515.

      11.]  To apply to any livestock or poultry carcass or part thereof, or any container thereof, any official inspection mark or label required by NRS 583.255 to 583.555, inclusive, except by, or under the supervision of, an inspector.

      Sec. 163. NRS 583.476 is hereby amended to read as follows:

      583.476  1.  If a carcass of livestock or of a game mammal or bird is delivered for processing to a person who is engaged in the business of processing such carcasses, the person shall not, if he or she returns the carcass after processing it to the person who delivered it, return to that person a processed carcass other than the carcass which was delivered for processing.

      2.  For the purposes of carrying out the provisions of subsection 1, a person who is engaged in the business of processing carcasses of livestock or game mammals or birds shall mark any such carcass that is to be returned to the person who delivered it for processing in a manner which provides for the identification of that person.

      3.  A person who violates any provision of this section is guilty of a misdemeanor [.] and subject to a civil penalty pursuant to section 141 of this act.

 


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      Sec. 164. NRS 583.495 is hereby amended to read as follows:

      583.495  1.  A person who [:

      (a) Violates] violates any of the provisions of NRS 583.475 and 583.485 [is guilty of a misdemeanor.] :

      (a) For a first violation, is subject to a civil penalty pursuant to section 141 of this act.

      (b) [Is once convicted of violating the provisions of NRS 583.475 and 583.485 and again violates any of those provisions] For a second violation, is guilty of a gross misdemeanor [.] and subject to a civil penalty pursuant to section 141 of this act.

      (c) [Is twice convicted of violating the provisions of NRS 583.475 and 583.485 and again violates any of those provisions] For a third or subsequent violation, is guilty of a category D felony and shall be punished as provided in NRS 193.130 [.] and subject to a civil penalty pursuant to section 141 of this act.

      2.  When construing or enforcing the provisions of NRS 583.255 to 583.555, inclusive, the act, omission or failure of a person acting for or employed by an individual, partnership, corporation, association or other business unit, within the scope of the person’s employment or office, shall in every case be deemed the act, omission or failure of the individual, partnership, corporation, association or other business unit, as well as of the person.

      3.  A carrier is not subject to the penalties imposed by this section by reason of the carrier’s receipt, carriage, holding or delivery, in the usual course of business as a carrier, of livestock or poultry carcasses or parts thereof owned by another person, unless the carrier:

      (a) Has knowledge, or is in possession of facts which would cause a reasonable person to believe, that the articles do not comply with the provisions of NRS 583.255 to 583.555, inclusive.

      (b) Refuses to furnish, on request of a representative of the Officer, the name and address of the person from whom the carrier received the livestock or poultry carcasses, or parts thereof, and copies of all documents pertaining to the delivery of such carcasses, or parts thereof, to the carrier.

      4.  A person, firm or corporation is not subject to the penalties imposed by this section for receiving for transportation any shipment in violation of NRS 583.255 to 583.555, inclusive, if the receipt was made in good faith, unless the person, firm or corporation refuses to furnish on request of a representative of the Officer:

      (a) The name and address of the person from whom such shipment was received; and

      (b) Copies of all documents pertaining to the delivery of the shipment to the person, firm or corporation.

      Sec. 165. NRS 583.545 is hereby amended to read as follows:

      583.545  1.  NRS 583.255 to 583.555, inclusive, do not apply to any act or transaction subject to regulation under the Wholesome Poultry Products Act and the Wholesome Meat Act.

      2.  The Department [of Health and Human Services] may enter into agreements with the Federal Government in carrying out the provisions of NRS 583.255 to 583.555, inclusive, the Wholesome Poultry Products Act and the Wholesome Meat Act, and may accept financial aid from the Federal Government for such purpose.

 


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      Sec. 166. NRS 583.555 is hereby amended to read as follows:

      583.555  1.  The cost of inspection of an official establishment must be paid by the owner or operator of the establishment.

      2.  The Officer may establish a mandatory schedule of killing days for an official establishment in any area of the State if the schedule conforms with the reasonable needs of the establishment and has received the approval of the [Division of Public and Behavioral Health of the] Department . [of Health and Human Services.] If such a schedule is established, it must be exclusively used for the inspection of the slaughtering operations of the official establishment.

      Secs. 167-174. (Deleted by amendment.)

      Sec. 175.  NRS 586.010 is hereby amended to read as follows:

      586.010  [NRS 586.010 to 586.450, inclusive,] This chapter may be cited as the Nevada Pesticides Act.

      Sec. 176.  NRS 586.020 is hereby amended to read as follows:

      586.020  As used in [NRS 586.010 to 586.450, inclusive,] this chapter, unless the context otherwise requires, the words and terms defined in NRS 586.030 to 586.220, inclusive, have the meanings ascribed to them in those sections.

      Sec. 177.  NRS 586.180 is hereby amended to read as follows:

      586.180  “Misbranded” shall apply:

      1.  To any pesticide or device if its labeling bears any statement, design or graphic representation relative thereto or to its ingredients which is false or misleading in any particular.

      2.  To any pesticide:

      (a) If it is an imitation of, or is offered for sale under the name of, another pesticide;

      (b) If its labeling bears any reference to registration under [NRS 586.010 to 586.450, inclusive;] this chapter;

      (c) If the labeling accompanying it does not contain instructions for use which are necessary and, if complied with, adequate for the protection of the public;

      (d) If the label does not contain a warning or caution statement which may be necessary and, if complied with, adequate to prevent injury to living human beings and other vertebrate animals;

      (e) If the label does not bear an ingredient statement on that part of the immediate container and on the outside container or wrapper, if there be one through which the ingredient statement on the immediate container cannot be clearly read, of the retail package which is presented or displayed under customary conditions of purchase;

      (f) If any word, statement or other information required by or under the authority of [NRS 586.010 to 586.450, inclusive,] this chapter to appear on the labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or graphic matter in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

      (g) If in the case of a pesticide, when used as directed, or in accordance with commonly recognized practice, it shall be injurious to living human beings or other vertebrate animals or vegetation, except weeds, to which it is applied, or to the person applying such pesticide; or

      (h) If in the case of a plant regulator, defoliant or desiccant, when used as directed, it shall be injurious to human beings or other vertebrate animals, or vegetation to which it is applied; but physical or physiological effects on plants or parts thereof shall not be deemed to be injury when this is the purpose for which the plant regulator, defoliant or desiccant was applied, in accordance with the label claims and recommendations.

 


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or vegetation to which it is applied; but physical or physiological effects on plants or parts thereof shall not be deemed to be injury when this is the purpose for which the plant regulator, defoliant or desiccant was applied, in accordance with the label claims and recommendations.

      Sec. 178. NRS 586.200 is hereby amended to read as follows:

      586.200  “Registrant” means the person registering any brand of pesticide pursuant to the provisions of [NRS 586.010 to 586.450, inclusive.] this chapter.

      Sec. 179. NRS 586.220 is hereby amended to read as follows:

      586.220  “Weed” means any plant which [grows where not wanted.] is or is likely to be a public nuisance, detrimental or destructive, or difficult to control.

      Sec. 180. NRS 586.230 is hereby amended to read as follows:

      586.230  Jurisdiction in all matters pertaining to the distribution, sale and transportation of pesticides and devices is, pursuant to [NRS 586.010 to 586.450, inclusive,] this chapter, vested exclusively in the Director.

      Sec. 181. NRS 586.270 is hereby amended to read as follows:

      586.270  1.  A registrant shall pay an annual registration fee in an amount established by regulation of the Director for each brand of pesticide registered.

      2.  All registrations expire on December 31 and are renewable annually.

      3.  The Director shall, for each annual registration fee collected, deposit in a separate account the amount established for that purpose by regulation of the Director. The money deposited in the account must be used:

      (a) For the disposal of pesticides;

      (b) To monitor pesticides;

      (c) To protect groundwater and surface water from contamination by pesticides; and

      (d) For the [eradication and] control of noxious weeds.

      [3.]4.  A registrant who offers a pesticide for sale before registering the brand of pesticide shall pay an amount equal to twice the registration fee for registering the brand of pesticide.

      [4.]5.  As used in this section, “noxious weed” has the meaning ascribed to it in NRS 555.005.

      Sec. 182. NRS 586.280 is hereby amended to read as follows:

      586.280  1.  If the Director deems it necessary in the administration of [NRS 586.010 to 586.450, inclusive,] this chapter, the Director may require the submission of the complete formula of any pesticide.

      2.  If it appears to the Director that the composition of the article is such as to warrant the proposed claims for it, and if the article and its labeling and other material required to be submitted comply with the requirements of NRS 586.350 to 586.410, inclusive, the Director shall register the article.

      Sec. 183. NRS 586.290 is hereby amended to read as follows:

      586.290  1.  If it does not appear to the Director that the article is such as to warrant the proposed claims for it, or if the article and its labeling and other material required to be submitted do not comply with the provisions of [NRS 586.010 to 586.450, inclusive,] this chapter, the Director shall notify the registrant of the manner in which the article, labeling or other material required to be submitted fails to comply with [NRS 586.010 to 586.450, inclusive,] this chapter to allow the registrant an opportunity to make the necessary corrections.

 


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      2.  The registration of an article is not a defense for the commission of any offense prohibited under NRS 586.350 to 586.410, inclusive.

      Sec. 184. NRS 586.300 is hereby amended to read as follows:

      586.300  Notwithstanding any other provision of [NRS 586.010 to 586.450, inclusive,] this chapter, registration is not required in the case of a pesticide shipped from one plant within this state to another plant within this state operated by the same person.

      Sec. 185. NRS 586.330 is hereby amended to read as follows:

      586.330  To avoid confusion endangering the public health resulting from diverse requirements, particularly as to the labeling and coloring of pesticides, and to avoid increased costs to the residents of this state because of the necessity of complying with diverse requirements in the manufacture and sale of pesticides, it is desirable that there be uniformity between the requirements of the several states and the Federal Government relating to pesticides. To this end the Director may, after a public hearing, adopt such regulations applicable to and in conformity with the primary standards established by [NRS 586.010 to 586.450, inclusive,] this chapter as have been or may be prescribed by the United States Environmental Protection Agency with respect to pesticides.

      Sec. 186. NRS 586.370 is hereby amended to read as follows:

      586.370  It shall be unlawful for any person to distribute, sell or offer for sale within this State or deliver for transportation or transport in intrastate commerce or between points within this State through any point outside this State any pesticide which contains any substance or substances in quantities highly toxic to humans, determined as provided in NRS 586.310, unless the label shall bear, in addition to any other matter required by [NRS 586.010 to 586.450, inclusive:] this chapter:

      1.  The skull and crossbones.

      2.  The word “poison” prominently, in red, on a background of distinctly contrasting color.

      3.  A statement of an antidote for the pesticide.

      Sec. 187. NRS 586.380 is hereby amended to read as follows:

      586.380  1.  It is unlawful for any person to distribute, sell or offer for sale within this State, or deliver for transportation or transport in intrastate commerce or between points within this State through any point outside this State, the pesticides commonly known as standard lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluorosilicate, and barium fluorosilicate, and those containing mercurial compounds, unless they have been distinctly colored or discolored as provided by the regulations adopted in accordance with the provisions of [NRS 586.010 to 586.450, inclusive,] this chapter, or any other white powder pesticide which the Director, after investigation of and after public hearing on the necessity for such action for the protection of the public health and the feasibility of the coloration or discoloration, by regulation requires to be distinctly colored or discolored, unless it has been so colored or discolored.

      2.  The Director may exempt any pesticide to the extent that it is intended for a particular use from the coloring or discoloring required or authorized by this section if the Director determines that the coloring or discoloring for that use is not necessary to protect the public health.

 


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      Sec. 188. NRS 586.400 is hereby amended to read as follows:

      586.400  It shall be unlawful for any person to detach, alter, deface or destroy, in whole or in part, any label or labeling provided for in [NRS 586.010 to 586.450, inclusive,] this chapter or regulations promulgated thereunder, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of [NRS 586.010 to 586.450, inclusive.] this chapter.

      Sec. 189. NRS 586.403 is hereby amended to read as follows:

      586.403  1.  The regulations governing the use of restricted-use pesticides may:

      (a) Provide the time when and the conditions under which they may be used in this State.

      (b) Prohibit their use in areas of this State.

      (c) Provide that they shall be used only under a permit for each application; and the permit may set forth the time, conditions, quantity and concentration of its use.

      2.  Every permit which is issued under the regulations adopted pursuant to this section is conditioned upon compliance with such regulations and upon such other specified conditions as may be deemed necessary to avoid injury.

      3.  Any permit may be refused, revoked or suspended for violation of any of the conditions of such permit, or for violation of any provisions of [NRS 586.010 to 586.450, inclusive,] this chapter or the regulations adopted pursuant [to such sections.] thereto.

      Sec. 190. NRS 586.420 is hereby amended to read as follows:

      586.420  1.  The penalties provided for violations of NRS 586.350 to 586.390, inclusive, do not apply to:

      (a) Any carrier while lawfully engaged in transporting a pesticide within this state, if the carrier, upon request, permits the Director or the Director’s designated agent to copy all records showing the transactions in and movement of the articles.

      (b) Public officers of this state and the Federal Government engaged in the performance of their duties.

      (c) The manufacturer or shipper of a pesticide for experimental use only:

             (1) By or under the supervision of an agency of this state or of the Federal Government authorized by law to conduct research in the field of pesticides; or

             (2) By other persons if the pesticide is not sold and if the container thereof is plainly and conspicuously marked “For experimental use only—Not to be sold,” together with the manufacturer’s name and address, but if a written permit has been obtained from the Director, pesticides may be sold for experimental purposes subject to such restrictions and conditions as may be set forth in the permit.

      2.  An article shall not be deemed in violation of the provisions of [NRS 586.010 to 586.450, inclusive,] this chapter if intended solely for export to a foreign country and if prepared or packed according to the specifications or directions of the purchaser. If not so exported, all the provisions of [NRS 586.010 to 586.450, inclusive,] this chapter apply.

      Sec. 191. NRS 586.430 is hereby amended to read as follows:

      586.430  [1.]  The examination of pesticides or devices must be made under the direction of the Director to determine whether they comply with the requirements of [NRS 586.010 to 586.450, inclusive.] this chapter. If it appears from the examination that a pesticide or device fails to comply with the provisions of [NRS 586.010 to 586.450, inclusive, and the Director contemplates instituting criminal proceedings against any person,] this chapter, the Director shall cause appropriate notice to be given to the person.

 


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appears from the examination that a pesticide or device fails to comply with the provisions of [NRS 586.010 to 586.450, inclusive, and the Director contemplates instituting criminal proceedings against any person,] this chapter, the Director shall cause appropriate notice to be given to the person. Any person so notified must be given an opportunity to present the person’s views, orally or in writing, [with regard to those contemplated proceedings,] and if thereafter in the opinion of the Director it appears that the provisions of [NRS 586.010 to 586.450, inclusive,] this chapter have been violated by the person, the Director [shall refer the facts to the district attorney of the county in which the violation occurred with a copy of the results of the analysis or the examination of the article.] may impose a civil penalty pursuant to NRS 586.450. The provisions of [NRS 586.010 to 586.450, inclusive,] this chapter do not require the Director to [report] commence formal proceedings for any act or failure to act [for prosecution or for the institution of libel proceedings, or to report minor violations of NRS 586.010 to 586.450, inclusive,] if the Director believes that the public interest will be best served by a suitable notice of warning in writing.

      [2.  Each district attorney to whom any such violation is reported shall cause appropriate proceedings to be instituted and prosecuted in a court of proper jurisdiction without delay.

      3.  The Director shall, by publication in such manner as the Director may prescribe, give notice of all judgments entered in actions instituted under the authority of NRS 586.010 to 586.450, inclusive.]

      Sec. 192. NRS 586.440 is hereby amended to read as follows:

      586.440  1.  Any pesticide or device that is distributed, sold or offered for sale within the State of Nevada, or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state is liable to be proceeded against in any district court in any county of this state where it may be found and seized for confiscation by process of libel for condemnation:

      (a) In the case of a pesticide:

             (1) If it is adulterated or misbranded.

             (2) If the brand of the pesticide has not been registered under the provisions of NRS 586.250 to 586.300, inclusive.

             (3) If it is a white powder pesticide and is not colored as required under [NRS 586.010 to 586.450, inclusive.] this chapter.

             (4) If it fails to bear on the label the information required by [NRS 586.010 to 586.450, inclusive.] this chapter.

      (b) In the case of a device, if it is misbranded.

      2.  If the article is condemned, it must, after the entry of the decree, be disposed of by destruction or sale as the court may direct, and the proceeds must be paid to the State Treasurer and deposited in the State General Fund. The article seized must not be sold or destroyed contrary to the provisions of [NRS 586.010 to 586.450, inclusive.] this chapter. The article must not be sold or destroyed if the owner thereof pays the costs of condemnation and executes a good and sufficient bond conditioned that the article must not be disposed of unlawfully. The court shall then order that the article condemned must be delivered to the owner thereof for relabeling or reprocessing as the case may be.

      3.  When a decree of condemnation is entered against the article, court costs, fees and storage charges, and other proper expenses, must be awarded against the person, if any, intervening as claimant of the article.

 


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      Sec. 193. NRS 586.450 is hereby amended to read as follows:

      586.450  1.  Any person violating [NRS 586.350 shall be guilty of a misdemeanor.] any provision of this chapter is subject to a civil penalty not to exceed:

      (a) For the first violation, $250.

      (b) For a second violation, $500.

      (c) For each subsequent violation, $1,000.

      2.  Any money collected from the imposition of a civil penalty pursuant to subsection 1 must be accounted for separately and:

      (a) Fifty percent of the money must be used to fund a program selected by the Director that provides loans to persons who are engaged in agriculture and who are 21 years of age or younger; and

      (b) The remaining 50 percent of the money must be deposited in the Account for the Control of Weeds established by NRS 555.035.

      3.  Notwithstanding any other provision of this section, if any person, with intent to defraud, uses or reveals information relative to formulas of products acquired under authority of NRS 586.280, the person shall be guilty of a gross misdemeanor.

      Sec. 194. Chapter 588 of NRS is hereby amended by adding thereto a new section to read as follows:

      Pursuant to NRS 233B.040, the Director may adopt by reference the fertilizer control rules and standards of the Association of American Plant Food Control Officials or its successor organization.

      Sec. 195. NRS 588.170 is hereby amended to read as follows:

      588.170  1.  Each brand and grade of commercial fertilizer or agricultural mineral must be registered with the Department before being offered for sale, sold or distributed in this state.

      2.  An application for registration must be submitted to the Director on a form furnished by the Director, and, except as otherwise provided in subsection 3, must be accompanied by a nonrefundable registration fee in an amount to be fixed annually by the Director for each combined registration of brand and grade.

      3.  A person who offers a commercial fertilizer or agricultural mineral for sale before registering the brand and grade of the commercial fertilizer or agricultural mineral shall pay an amount equal to twice the otherwise applicable registration fee for registering the brand and grade of the commercial fertilizer or agricultural mineral.

      4.  [Upon approval by the Director, a copy of the registration must be furnished to the applicant.] The Director may deny the renewal of a registration if all the required tonnage reports have not been submitted and all fees and penalties have not been paid.

      5.  All registrations expire on [June 30] December 31 of each year.

      Sec. 196. NRS 588.210 is hereby amended to read as follows:

      588.210  1.  There must be paid to the Department for all commercial fertilizers offered for sale, sold or distributed in this state a fee established by regulation of the State Board of Agriculture for each ton sold, but sales to manufacturers or exchanges between them are exempt.

      2.  There must be paid to the Department for all agricultural minerals offered for sale, sold or distributed in this state a fee established by regulation of the State Board of Agriculture. The regulations must specify the amount of the fee for each ton of agricultural minerals that is sold in packages and the amount of the fee for each ton of those minerals that is sold in bulk, but sales to manufacturers or exchanges between them are exempt.

 


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packages and the amount of the fee for each ton of those minerals that is sold in bulk, but sales to manufacturers or exchanges between them are exempt.

      3.  The Department shall prepare suitable forms for reporting sales and, on request, shall furnish the forms without cost to all persons dealing in registered brands of commercial fertilizers or agricultural minerals. The form must be filed regardless of whether the person sold any commercial fertilizers or agricultural minerals during the reporting period.

      4.  The registrant of each brand must report the total tonnage sold and pay the appropriate fees unless the responsibility for reporting and payment of fees has been assigned to another person by a contract entered into pursuant to subsection 5.

      5.  A contract specified in subsection 4 must:

      (a) Include the registration number of the brand;

      (b) Identify each party by name, address, telephone number and title, if applicable;

      (c) Identify the specific product covered by the contract;

      (d) Include an effective date and expiration date, not beginning or ending during a reporting period and not exceeding 3 years in duration; and

      (e) Be signed by each party or his or her authorized agent.

      6.  A person who violates any provision of this section is subject to a civil penalty pursuant to NRS 588.350.

      Sec. 197. NRS 588.270 is hereby amended to read as follows:

      588.270  1.  [At least annually, the] The Director [shall] may publish, in such form as the Director may deem proper:

      (a) Information concerning the sales of commercial fertilizers and agricultural minerals, together with such data on their production and use as the Director may consider advisable.

      (b) A report of the results of the analyses based on official samples of commercial fertilizers or agricultural minerals sold within the State as compared with the analyses guaranteed under NRS 588.170 to 588.200, inclusive.

      2.  The information concerning production and use of commercial fertilizers or agricultural minerals must be shown separately for the periods from July 1 to December 31 and from January 1 to June 30 of each year.

      [3.  No disclosure may be made of the operations of any person.]

      Sec. 198. NRS 588.290 is hereby amended to read as follows:

      588.290  If any commercial fertilizer or agricultural mineral in the possession of the consumer is found by the Director to be short in weight, the registrant of the commercial fertilizer or agricultural mineral [shall, within 30 days after notice from the Director, pay to the consumer a penalty equal to 4 times the value of the actual shortage.] is subject to a civil penalty pursuant to NRS 588.350.

      Sec. 199. NRS 588.295 is hereby amended to read as follows:

      588.295  1.  It is unlawful for any person to sell or offer to sell at retail, or to distribute or deliver for transportation for delivery to the consumer or user, a restricted-use commercial fertilizer or agricultural mineral unless the person is registered with the Director.

      2.  Each person applying for registration must provide the Director with a registration statement that includes:

 


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      (a) The name and address of the person registering; and

      (b) The name and address of any person who, on behalf of the person registering, sells, offers to sell, distributes or delivers for transportation a restricted-use commercial fertilizer or agricultural mineral.

      3.  All such registrations expire on [December] January 31 of [each] the year immediately after the year in which the person registers pursuant to this section and are renewable annually.

      4.  Each application for renewal must be accompanied by the fourth quarter tonnage report for the immediately preceding year.

      5.  Each person registering with the Director must pay:

      (a) An annual registration fee established by regulation of the State Board of Agriculture; and

      (b) A penalty fee established by regulation of the State Board of Agriculture if the person failed to renew the person’s previous registration on or before [February] March 1 next following its expiration, unless the registration is accompanied by a signed statement that no person named on the registration statement has sold or distributed any restricted-use commercial fertilizer or agricultural mineral during the period the registration was not in effect.

      [5.]6.  Each person registered pursuant to this section shall maintain for at least 2 years a record of all sales of restricted-use commercial fertilizers or agricultural minerals showing:

      (a) The date of sale or delivery of the restricted-use commercial fertilizer or agricultural mineral;

      (b) The name and address of the person to whom the restricted-use commercial fertilizer or agricultural mineral was sold or delivered;

      (c) The brand name of the restricted-use commercial fertilizer or agricultural mineral sold or delivered;

      (d) The amount of the restricted-use commercial fertilizer or agricultural mineral sold or delivered; and

      (e) Such other information as may be required by the Director.

      [6.]7.  Each person registered pursuant to this section shall, on or before the date specified for each reporting period established pursuant to subsection [7,] 8, file a report with the Director specifying the restricted-use commercial fertilizers or agricultural minerals that the person sold during the reporting period. The Director shall provide the form for the report. The report must be filed regardless of whether the person sold any commercial fertilizers or agricultural minerals during the reporting period.

      [7.]8.  The Director shall adopt regulations establishing reporting periods and dates for filing reports pursuant to subsection [6.] 7.

      Sec. 200. NRS 588.350 is hereby amended to read as follows:

      588.350  1.  Any person violating any provisions of this chapter [shall be guilty of a misdemeanor.] is subject to a civil penalty not to exceed:

      (a) For the first violation, $250.

      (b) For a second violation, $500.

      (c) For each subsequent violation, $1,000.

      2.  Any money collected from the imposition of a civil penalty pursuant to subsection 1 must be accounted for separately and:

      (a) Fifty percent of the money must be used to fund a program selected by the Director that provides loans to persons who are engaged in agriculture and who are 21 years of age or younger; and

 


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      (b) The remaining 50 percent of the money must be deposited in the Account for the Control of Weeds established by NRS 555.035.

      Sec. 201. NRS 590.060 is hereby amended to read as follows:

      590.060  1.  Except as otherwise provided in NRS 590.063 and 590.065, it is unlawful for any person, or any officer, agent or employee thereof, to adulterate any petroleum product or motor vehicle fuel, to sell, attempt to sell, offer for sale or assist in the sale of any product resulting from the adulteration, and to represent the product as the petroleum product or motor vehicle fuel of a brand name in general use by any other marketer or producer of petroleum products or motor vehicle fuel.

      2.  Whenever the description of any petroleum product or motor vehicle fuel is displayed on any tank, receptacle or other delivery device used for sale to the public, the kind, character and name of the petroleum product or motor vehicle fuel dispensed therefrom must correspond to the representations thereon.

      3.  Except as otherwise provided in this subsection, it is unlawful for any person, or any officer, agent or employee thereof, to deposit or deliver into any tank, receptacle or other container any petroleum product or motor vehicle fuel other than the petroleum product or motor vehicle fuel intended to be stored in the tank, receptacle or container and distributed therefrom, as indicated by the name of the producer, manufacturer or distributor of the product displayed on the container itself, or on the pump, dispenser or other distributing device used in connection therewith. This section does not apply to any person who sells or offers for sale under the person’s name or brand name the product or output of another manufacturer or producer, with the consent of that manufacturer or producer.

      4.  If used oil or recycled oil, other than rerefined oil, is sold or offered for sale or delivery in this state, the container in which that oil is sold or offered for sale or delivery or, in the case of a bulk delivery, the delivery receipt, must bear a superimposed sign or label containing the clearly legible words “Recycled Oil” or “Used Oil.”

      Sec. 202. NRS 590.080 is hereby amended to read as follows:

      590.080  1.  Except as otherwise provided in subsection 2, crankcase drainings, lube-distillate, or any other petroleum product may not be sold, offered for sale, delivered, offered for delivery or stored as a motor oil or lubricating oil for use in the crankcase of an internal combustion engine unless it conforms to the performance rating set forth on its container or, in the case of a bulk delivery, on the delivery receipt, and the following specifications:

      (a) It must meet the specifications for engine oil performance and engine service classification set by SAE International.

      (b) It must be free from water and suspended matter when tested [by means of centrifuge,] in accordance with the [testing] procedures approved by the State Sealer of Consumer Equitability.

      [(b)](c) The flash points for the various viscosity grade classifications must not be less than the [following] most recent viscosity grade classifications determined by SAE International when tested by the [Cleveland Open Cup Method in accordance with the testing procedures approved by the State Sealer of Consumer Equitability. Except as otherwise provided in this paragraph, the] Pensky-Martens Closed Cup method. The viscosity grade classification number of motor or lubricating oils must conform to the latest [Society of Automotive Engineers] viscosity grade classification [.

 


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conform to the latest [Society of Automotive Engineers] viscosity grade classification [. Grade numbers 60 and 70 must conform to the requirements listed in this paragraph.

 

                                                                                                       Viscosity Sayboldt Seconds

                          Viscosity               Minimum Flash                      Universal 210 Degrees

                      Classification       Degrees Fahrenheit                               Fahrenheit

 

S.A.E.        5W                          305

S.A.E.        10W                        335

S.A.E.        20 and 20W          345

S.A.E.        30                            355

S.A.E.        40                            375

S.A.E.        50                            400

Grade        60                            435                                      110 to less than 125

Grade        70                            470                                      125 to less than 150]

determined by SAE International.

      2.  The provisions of this section do not apply to any oil labeled “prediluted” or intended only for mixture with gasoline or other motor fuel in a two-cycle engine.

      Sec. 203. NRS 590.324 is hereby amended to read as follows:

      590.324  1.  A person subject to a civil penalty may request an administrative hearing within 10 days after receipt of the notice of the civil penalty. The State Sealer of Consumer Equitability or a designee thereof shall conduct the hearing after giving appropriate notice to the respondent. The decision of the State Sealer of Consumer Equitability or designee is subject to appropriate judicial review.

      2.  If the respondent has exhausted all administrative appeals and the civil penalty has been upheld, the respondent shall pay the civil penalty:

      (a) If no petition for judicial review is filed pursuant to NRS 233B.130, within 40 days after the final decision of the State Sealer of Consumer Equitability [;] or designee; or

      (b) If a petition for judicial review is filed pursuant to NRS 233B.130 and the civil penalty is upheld, within 10 days after the effective date of the final decision of the court.

      3.  If the respondent fails to pay the civil penalty, a civil action may be brought by the State Sealer of Consumer Equitability in any court of competent jurisdiction to recover the civil penalty. [All civil penalties collected pursuant to this chapter must be deposited with the State Treasurer for credit to the State General Fund.]

      Sec. 204. NRS 590.380 is hereby amended to read as follows:

      590.380  1.  Before any antifreeze may be sold, displayed for sale or held with intent to sell within this State, [a sample thereof must be inspected annually by the State Sealer of Consumer Equitability.

      2.  Upon] and upon application of the manufacturer, packer, seller or distributor and the payment of a license fee established by regulation of the State Board of Agriculture for each brand of antifreeze submitted, the State Sealer of Consumer Equitability shall [inspect the antifreeze submitted. If] , if the antifreeze [:

      (a) Is not adulterated or misbranded;

      (b) Meets the standards of the State Sealer of Consumer Equitability; and

      (c) Is] is not in violation of NRS 590.340 to 590.450, inclusive,

 


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[Ê the State Sealer of Consumer Equitability shall] issue to the applicant a [written permit] license authorizing its sale in this State for the fiscal year in which the [inspection] license fee is paid.

      [3.] 2.  If the State Sealer of Consumer Equitability at a later date finds that:

      (a) The product to be sold, displayed for sale or held with intent to sell has been materially altered or adulterated;

      (b) A change has been made in the name, brand or trademark under which the antifreeze is sold; or

      (c) The antifreeze violates the provisions of NRS 590.340 to 590.450, inclusive,

Ê the State Sealer of Consumer Equitability shall notify the applicant and the [permit] license must be cancelled forthwith.

      Sec. 205. NRS 590.420 is hereby amended to read as follows:

      590.420  The State Sealer of Consumer Equitability may furnish upon request a list of the brands and trademarks of antifreeze [inspected] licensed by the State Sealer of Consumer Equitability or his or her agents during the fiscal year which have been found to be in accord with NRS 590.340 to 590.450, inclusive.

      Sec. 206. NRS 590.430 is hereby amended to read as follows:

      590.430  No advertising literature relating to any antifreeze sold or to be sold in this State shall contain any statement that the antifreeze advertised for sale has been approved by the State Sealer of Consumer Equitability; but if any antifreeze has been [inspected] licensed by the State Sealer of Consumer Equitability and found [to meet the standards of the State Sealer of Consumer Equitability and] not to be in violation of NRS 590.340 to 590.450, inclusive, such statement may be contained in any advertising literature where such brand or trademark of antifreeze is being advertised for sale.

      Sec. 207. NRS 590.450 is hereby amended to read as follows:

      590.450  [If any]

      1.  Any person [, partnership, corporation or association shall violate the provisions] violating any provision of NRS 590.340 to 590.440, inclusive, [such person, partnership, corporation or association shall be guilty of a misdemeanor.] is subject to a civil penalty not to exceed:

      (a) For the first violation, $250.

      (b) For a second violation, $500.

      (c) For each subsequent violation, $1,000.

      2.  Any money collected from the imposition of a civil penalty pursuant to subsection 1 must be accounted for separately and:

      (a) Fifty percent of the money must be used to fund a program selected by the Director of the State Department of Agriculture that provides loans to persons who are engaged in agriculture and who are 21 years of age or younger; and

      (b) The remaining 50 percent of the money must be deposited in the Account for the Control of Weeds established by NRS 555.035.

      Sec. 208.  1.  Any administrative regulations adopted by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in force until amended by the officer, agency or other entity to which the responsibility for the adoption of regulations is transferred.

 


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      2.  Any contracts or other agreements entered into by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity are binding upon the officer, agency or other entity to which the responsibility for the administration of the provisions of the contract or other agreement have been transferred. Such contracts and other agreements may be enforced by the officer, agency or other entity to which the responsibility for the enforcement of the provisions of the contract or other agreement have been transferred.

      3.  Any actions taken by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in effect as if taken by the officer, agency or other entity to which the responsibility for the enforcement of the actions was transferred.

      Sec. 209.  The Legislative Counsel shall, in preparing the Nevada Revised Statutes or any supplements to the Nevada Administrative Code, use the authority set forth in subsection 10 of NRS 220.120 to change appropriately the name of any agency, officer or instrumentality of the State whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate agency, officer or instrumentality.

      Sec. 210.  NRS 552.090, 552.300, 552.310, 554.085, 554.090, 554.180, 555.23572, 555.2665, 562.195, 583.020, 583.515, 583.525, 583.535, 586.460, 586.470, 586.480, 586.490, 586.500, 586.510, 586.520, 588.240, 588.250, 590.440, 590.700, 590.710, 590.720, 590.725, 590.726, 590.730, 590.740, 590.750, 590.760, 590.765, 590.770, 590.780, 590.790, 590.800, 590.810, 590.820, 590.830, 590.835, 590.840, 590.850, 590.860, 590.870, 590.880, 590.890, 590.900, 590.910 and 590.920 are hereby repealed.

      Sec. 211.  This act becomes effective:

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

      2.  On July 1, 2015, for all other purposes.

________

 


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CHAPTER 527, AB 167

Assembly Bill No. 167–Assemblymen Fiore, Shelton, Seaman, Ellison, Hansen; Armstrong, Dickman, Dooling, Gardner, Hambrick, Jones, Kirner, Moore, O’Neill, Oscarson, Silberkraus, Stewart, Titus, Trowbridge, Wheeler and Woodbury

 

Joint Sponsors: Senators Gustavson, Atkinson; and Goicoechea

 

CHAPTER 527

 

[Approved: June 10, 2015]

 

AN ACT relating to foster care; authorizing the storage of a firearm and ammunition on the premises of a family foster home in certain circumstances; authorizing certain persons to carry a firearm on their person while in the presence of a foster child in certain circumstances; providing that an agency which provides child welfare services is immune from liability for any injury caused by a firearm on the premises of a family foster home or that was carried in the presence of a foster child; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Division of Child and Family Services of the Department of Health and Human Services to adopt regulations to establish requirements for the licensure of family foster homes, specialized foster homes, independent living foster homes and group foster homes. (NRS 424.020) Existing regulations require all weapons on the premises of a foster home to be unstrung and unloaded at all times when children are in the home and stored in locked containers or rooms out of the reach of children or made inoperable. Ammunition is required to be kept in a separate locked container and weapons may not be transported in a vehicle in which children are riding unless the weapons are made inoperable and inaccessible. (NAC 424.600) This bill authorizes a law enforcement officer or person who holds a permit to carry a concealed firearm to possess the firearm or ammunition on the premises of a family foster home if it is stored in a locked secure storage container except when used for certain lawful purposes, when carried lawfully, to clean or service the firearm or if the firearm or ammunition is inoperable and solely ornamental. This bill requires any key, combination or access code to the locked storage container to be kept in the reasonably secure possession of an adult or in a locked combination or biometric safe. This bill also authorizes a law enforcement officer or person who holds a permit to carry a concealed firearm to carry a firearm on his or her person while in the presence of a foster child if the person: (1) keeps the firearm in a holster or other similarly secure case; (2) carries the firearm in a manner which ensures that the firearm is inaccessible to the foster child and is in the possession or control of the provider or other person; and (3) returns the firearm to a locked secure storage container when it is not being carried or in use.

      Finally, this bill provides that an agency which provides child welfare services is immune from liability for any injury caused by a firearm that is stored on the premises of a family foster home or carried by a provider of family foster care or any other person who resides in a family foster home.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 424 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person who is listed in paragraph (a) of subsection 4 of NRS 202.350 or holds a permit to carry a concealed firearm pursuant to NRS 202.3653 to 202.369, inclusive, may possess the firearm, whether loaded or unloaded, or ammunition while on the premises of a family foster home in accordance with the provisions of this section.

      2.  Except as otherwise provided in subsection 4, a person described in subsection 1 who possesses a firearm or ammunition while on the premises of a family foster home must store the firearm or ammunition in a locked secure storage container except:

      (a) When used for a lawful purpose, which may include, without limitation, for an educational or recreational purpose, for hunting, for the defense of a person or property, or to clean or service the firearm; or

      (b) If the firearm or ammunition is inoperable and solely ornamental.

      3.  A person who stores a firearm or ammunition on the premises of a family foster home in a locked secure storage container as required pursuant to subsection 2 shall ensure that any key, combination or access code to the locked secure storage container is kept in the reasonably secure possession of an adult or a locked combination or biometric safe.

      4.  A person who is authorized to possess a firearm on the premises of a family foster home pursuant to subsection 1 may carry a firearm on his or her person while in the presence of a foster child, including, without limitation, while operating or riding in a motor vehicle, if the person:

      (a) Keeps the firearm in a holster or similarly secure case; and

      (b) Carries the firearm in a manner which ensures that the firearm is inaccessible to any foster child and is in the possession and control of the provider or other person; and

      (c) Returns the firearm to a locked storage container when the firearm is on the premises of a foster home or in the presence of a foster child and is not being carried on his or her person in accordance with this subsection or used for a lawful purpose.

      5.  An agency which provides child welfare services is immune from civil and criminal liability for any injury resulting from the use of a firearm or ammunition that is stored on the premises of a family foster home or is carried by a provider of family foster care or any other person who resides in a family foster home.

      6.  As used in this section:

      (a) “Firearm” has the meaning ascribed to it in NRS 202.253.

      (b) “Secure storage container” means any device, including, without limitation, a safe, gun safe, secure gun case or lock box, that is marketed commercially for storing a firearm or ammunition and is designed to be unlocked only by means of a key, a combination, a biometric lock or other similar means.

      Sec. 2. NRS 424.090 is hereby amended to read as follows:

      424.090  The provisions of NRS 424.020 to 424.090, inclusive, and section 1 of this act do not apply to homes in which:

 


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      1.  Care is provided only for a neighbor’s or friend’s child on an irregular or occasional basis for a brief period, not to exceed 90 days.

      2.  Care is provided by the legal guardian.

      3.  Care is provided for an exchange student.

      4.  Care is provided to enable a child to take advantage of educational facilities that are not available in his or her home community.

      5.  Any child or children are received, cared for and maintained pending completion of proceedings for adoption of such child or children, except as otherwise provided in regulations adopted by the Division.

      6.  Except as otherwise provided in regulations adopted by the Division, care is voluntarily provided to a minor child who is related to the caregiver by blood, adoption or marriage.

      7.  Care is provided to a minor child who is in the custody of an agency which provides child welfare services pursuant to chapter 432B of NRS or a juvenile court pursuant to title 5 of NRS if:

      (a) The caregiver is related to the child within the fifth degree of consanguinity; and

      (b) The caregiver is not licensed pursuant to the provisions of NRS 424.020 to 424.090, inclusive [.] , and section 1 of this act.

      Sec. 3.  Any regulations adopted pursuant to NRS 424.020 that conflict with section 1 of this act are void.

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

________

CHAPTER 528, AB 481

Assembly Bill No. 481–Committee on Ways and Means

 

CHAPTER 528

 

[Approved: June 10, 2015]

 

AN ACT relating to deceptive trade practices; requiring the Commissioner of Consumer Affairs or the Director of the Department of Business and Industry to provide investigative assistance to the Attorney General with cases involving deceptive trade practices; revising the provisions governing the revolving account for the Consumer Affairs Division of the Department of Business and Industry; revising provisions governing the service of subpoenas issued by the Division; expanding injunctive relief available against a person engaging in a deceptive trade practice; authorizing the Director to assess administrative fines; revising provisions relating to assurances of discontinuance; revising provisions relating to nondisclosure; creating the Consumer Affairs Unit within the Department of Business and Industry; continuing the transfer of certain powers and duties of the Consumer Affairs Division and the Commissioner of Consumer Affairs to the Office of the Attorney General; and providing other matters properly relating thereto.

 


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Legislative Counsel’s Digest:

      Existing law requires that the Commissioner of Consumer Affairs or the Director of the Department of Business and Industry provide investigative assistance to the Attorney General with cases involving a deceptive trade practice, subject to limitations of legislative appropriation or availability of personnel. (NRS 598.0965) Section 3 of this bill removes the aforementioned limitations.

      Existing law creates a revolving account for the Consumer Affairs Division of the Department. (NRS 598.0966) Section 4 of this bill requires the Director or his or her designee to administer the account and to deposit grants of money received by the Division into the account. Section 4 also requires the money in the account to be used to defray the costs of the Division. Existing law authorizes the Commissioner or the Director to issue subpoenas and prescribes the method of service. (NRS 598.0967) Section 5 of this bill revises the requirements for service of these subpoenas. Existing law authorizes a court to provide injunctive relief to prevent deceptive trade practices by a person who is not cooperating with an investigation. (NRS 598.097) Section 6 of this bill authorizes a court to order a person who is not cooperating with an investigation to cease doing business in this State. Existing law authorizes certain sanctions against a person found to be engaging in a deceptive trade practice, including an order to cease and desist, payment of investigation and hearing costs and payment of restitution. (NRS 598.0971) Section 7 of this bill authorizes the Director to assess an administrative fine as well. Section 9 of this bill revises the provisions authorizing the Commissioner or Director to accept an assurance of discontinuance. Existing law allows the Commissioner or Director to make certain disclosures regarding deceptive trade practices. (NRS 598.098) Section 10 of this bill makes the Commissioner and Director subject to the same nondisclosure law as the Attorney General in these cases.

      Section 14 of this bill creates, from July 1, 2015, through June 30, 2017, the Consumer Affairs Unit within the Department to perform certain duties previously assigned to the Consumer Affairs Division. Section 15 of this bill provides that certain provisions which were temporarily repealed by the 75th Session of the Nevada Legislature are no longer repealed. Section 16 of this bill continues the temporary repeal of certain other provisions repealed by the 75th Session.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1 and 2. (Deleted by amendment.)

      Sec. 3. NRS 598.0965 is hereby amended to read as follows:

      598.0965  1.  [Within the limits of legislative appropriation and the availability of personnel, the] The Commissioner or Director shall provide investigative assistance, including the identification and use of relevant evidence in his or her possession, necessary for litigation referred to the Attorney General pursuant to NRS 598.0963 or 598.0979. The Attorney General shall provide legal advice and guidance to the Commissioner or Director in carrying out his or her powers and duties pursuant to NRS 598.0903 to 598.0999, inclusive, including the investigation of any alleged violation of those sections and the preparation for litigation.

      2.  Upon written request by the Attorney General, the Commissioner or Director may provide any investigative assistance, including evidence and information in his or her possession, for use in any action brought by the Attorney General pursuant to subsection 3 of NRS 598.0963. No request for assistance may be unreasonably denied.

 


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      Sec. 4. NRS 598.0966 is hereby amended to read as follows:

      598.0966  1.  There is hereby created a revolving account for the Consumer Affairs Division of the Department of Business and Industry . [in the sum of $7,500, which must be used for the payment of expenses related to conducting an undercover investigation of a person who is allegedly engaging in a deceptive trade practice.] The account must be administered by the Director or his or her designee.

      2.  The [Commissioner] Director or his or her designee shall deposit [the money in the revolving account in a bank or credit union qualified to receive deposits of public money as provided by law, and the deposit must be secured by a depository bond satisfactory to the State Board of Examiners.

      3.  The Commissioner or the designee of the Commissioner may:

      (a) Sign all checks drawn upon the revolving account; and

      (b) Make withdrawals of cash from the revolving account.

      4.  Payments made from the revolving account must be promptly reimbursed from the legislative appropriation, if any, to the Consumer Affairs Division for the expenses related to conducting an undercover investigation of a person who is allegedly engaging in a deceptive trade practice. The claim for reimbursement must be processed and paid as other claims against the State are paid.

      5.  The Commissioner shall:

      (a) Approve any disbursement from the revolving account; and

      (b) Maintain records of any such disbursement.] any grant of money received by the Division into the account, and any money in the account must be used solely to defray the costs and expenses of the Division.

      3.  The Director or his or her designee shall deposit any administrative fines received by the Division into the State General Fund.

      Sec. 5. NRS 598.0967 is hereby amended to read as follows:

      598.0967  1.  The Commissioner and the Director, in addition to other powers conferred upon them by NRS 598.0903 to 598.0999, inclusive, may issue subpoenas to require the attendance of witnesses or the production of documents, conduct hearings in aid of any investigation or inquiry and prescribe such forms and adopt such regulations as may be necessary to administer the provisions of NRS 598.0903 to 598.0999, inclusive. Such regulations may include, without limitation, provisions concerning the applicability of the provisions of NRS 598.0903 to 598.0999, inclusive, to particular persons or circumstances.

      2.  [Service] Except as otherwise provided in this subsection, service of any notice or subpoena must be made by certified mail with return receipt or as [provided in N.R.C.P. 45(c).] otherwise allowed by law. An employee of the Consumer Affairs Division of the Department of Business and Industry may personally serve a subpoena issued pursuant to this section.

      Sec. 6. NRS 598.097 is hereby amended to read as follows:

      598.097  If any person fails to cooperate with any investigation, as provided in NRS 598.096, or if any person fails to obey a subpoena issued by the Commissioner, Director or Attorney General pursuant to NRS 598.0963 or 598.0967, the Commissioner, Director or Attorney General may apply to any district court for equitable relief. The application must state reasonable grounds showing that the relief is necessary to terminate or prevent a deceptive trade practice. If the court is satisfied of the reasonable grounds, the court may:

 


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      1.  Grant injunctive relief restraining the sale or advertisement of any property by the person.

      2.  Require the attendance of or the production of documents by the person, or both.

      3.  Order the person to cease doing business within this State.

      4.  Grant other relief necessary to compel compliance by the person.

      Sec. 7. NRS 598.0971 is hereby amended to read as follows:

      598.0971  1.  If, after an investigation, the Commissioner has reasonable cause to believe that any person has been engaged or is engaging in any deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, the Commissioner may issue an order directed to the person to show cause why the [Commissioner] Director should not order the person to cease and desist from engaging in the practice [.] and to pay an administrative fine. The order must contain a statement of the charges and a notice of a hearing to be held thereon. The order must be served upon the person directly or by certified or registered mail, return receipt requested.

      2.  An administrative hearing on any action brought by the Commissioner must be conducted before the Director or his or her designee.

      3.  If, after conducting a hearing pursuant to the provisions of subsection [1,] 2, the [Commissioner] Director or his or her designee determines that the person has violated any of the provisions of NRS 598.0903 to 598.0999, inclusive, or if the person fails to appear for the hearing after being properly served with the statement of charges and notice of hearing, the [Commissioner may make a written report of] Director or his or her designee shall issue an order setting forth his or her findings of fact concerning the violation and cause to be served a copy thereof upon the person and any intervener at the hearing. If the [Commissioner] Director or his or her designee determines in the report that such a violation has occurred, he or she may order the violator to:

      (a) Cease and desist from engaging in the practice or other activity constituting the violation;

      (b) Pay the costs of conducting the investigation, costs of conducting the hearing, costs of reporting services, fees for experts and other witnesses, charges for the rental of a hearing room if such a room is not available to the [Commissioner] Director or his or her designee free of charge, charges for providing an independent hearing officer, if any, and charges incurred for any service of process, if the violator is adjudicated to have committed a violation of NRS 598.0903 to 598.0999, inclusive; [and]

      (c) Provide restitution for any money or property improperly received or obtained as a result of the violation [.] ; and

      (d) Impose an administrative fine of $1,000 or treble the amount of restitution ordered, whichever is greater.

Ê The order must be served upon the person directly or by certified or registered mail, return receipt requested. The order becomes effective upon service in the manner provided in this subsection.

      [3.]4.  Any person whose pecuniary interests are directly and immediately affected by an order issued pursuant to subsection [2] 3 or who is aggrieved by the order may petition for judicial review in the manner provided in chapter 233B of NRS. Such a petition must be filed within 30 days after the service of the order. The order becomes final upon the filing of the petition.

 


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      [4.]5.  If a person fails to comply with any provision of an order issued pursuant to subsection [2,] 3, the Commissioner or the Director may, through the Attorney General, at any time after 30 days after the service of the order, cause an action to be instituted in the district court of the county wherein the person resides or has his or her principal place of business requesting the court to enforce the provisions of the order or to provide any other appropriate injunctive relief.

      [5.]6.  If the court finds that:

      (a) The violation complained of is a deceptive trade practice;

      (b) The proceedings by the [Commissioner] Director or his or her designee concerning the written report and any order issued pursuant to subsection [2] 3 are in the interest of the public; and

      (c) The findings of the [Commissioner] Director or his or her designee are supported by the weight of the evidence,

Ê the court shall issue an order enforcing the provisions of the order of the [Commissioner.

      6.  Except as otherwise provided in NRS 598.0974, an] Director or his or her designee.

      7.  An order issued pursuant to subsection [5] 6 may include:

      (a) A provision requiring the payment to the [Commissioner] Consumer Affairs Division of the Department of Business and Industry of a penalty of not more than $5,000 for each act amounting to a failure to comply with the [Commissioner’s] Director’s or designee’s order; [or]

      (b) An order that the person cease doing business within this State; and

      (c) Such injunctive or other equitable or extraordinary relief as is determined appropriate by the court.

      [7.]8.  Any aggrieved party may appeal from the final judgment, order or decree of the court in a like manner as provided for appeals in civil cases.

      [8.]9.  Upon the violation of any judgment, order or decree issued pursuant to subsection [5] 6 or [6,] 7, the Commissioner, after a hearing thereon, may proceed in accordance with the provisions of NRS 598.0999.

      Sec. 8. NRS 598.0975 is hereby amended to read as follows:

      598.0975  1.  Except as otherwise provided in subsection 3 and in subsection 1 of NRS 598.0999, all fees, civil penalties and any other money collected pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive:

      (a) In an action brought by the Attorney General, [Commissioner or Director,] must be deposited in the State General Fund and may only be used to offset the costs of administering and enforcing the provisions of NRS 598.0903 to 598.0999, inclusive [.] , by the Attorney General.

      (b) In an action brought by the district attorney of a county, must be deposited with the county treasurer of that county and accounted for separately in the county general fund.

      2.  Money in the account created pursuant to paragraph (b) of subsection 1 must be used by the district attorney of the county for:

      (a) The investigation and prosecution of deceptive trade practices against elderly persons or persons with disabilities; and

      (b) Programs for the education of consumers which are directed toward elderly persons or persons with disabilities, law enforcement officers, members of the judicial system, persons who provide social services and the general public.

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

 


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      (a) Criminal fines imposed pursuant to NRS 598.0903 to 598.0999, inclusive; or

      (b) Restitution ordered pursuant to NRS 598.0903 to 598.0999, inclusive, in an action brought by the Attorney General. Money collected for restitution ordered in such an action must be deposited by the Attorney General and credited to the appropriate account of the Consumer Affairs Division of the Department of Business and Industry or the Attorney General for distribution to the person for whom the restitution was ordered.

      Sec. 9. NRS 598.0979 is hereby amended to read as follows:

      598.0979  1.  Notwithstanding the requirement of knowledge as an element of a deceptive trade practice, when the Commissioner or Director has cause to believe that a person has engaged or is engaging in any deceptive trade practice, knowingly or otherwise, he or she may request in writing that the Attorney General represent him or her in instituting an appropriate legal proceeding, including, without limitation, an application for an injunction or temporary restraining order prohibiting the person from continuing the practices. The court may make orders or judgments necessary to prevent the use by the person of any such deceptive trade practice or to restore to any other person any money or property which may have been acquired by the deceptive trade practice.

      2.  Where the Commissioner or Director has the authority to institute a civil action or other proceeding, in lieu thereof or as a part thereof, he or she may accept an assurance of discontinuance of any deceptive trade practice. This assurance may include a stipulation for the payment by the alleged violator of:

      (a) The costs of investigation and the costs of instituting the action or proceeding [;] , including attorney’s fees for the services of the Attorney General;

      (b) Any amount of money which he or she may be required to pay pursuant to the provisions of NRS 598.0971 in lieu of any administrative fine; and

      (c) The restitution of any money or property acquired by any deceptive trade practice.

[Ê Except as otherwise provided in this subsection and NRS 239.0115, any assurance of discontinuance accepted by the Commissioner or Director and any stipulation filed with the court is confidential to the parties to the action or proceeding and to the court and its employees. Upon final judgment by the court that an injunction or a temporary restraining order, issued as provided in subsection 1, has been violated, an assurance of discontinuance has been violated or a person has engaged in the same deceptive trade practice as had previously been enjoined, the assurance of discontinuance or stipulation becomes a public record. Proof by a preponderance of the evidence of a violation of an assurance constitutes prima facie evidence of a deceptive trade practice for the purpose of any civil action or proceeding brought thereafter by the Commissioner or Director, whether a new action or a subsequent motion or petition in any pending action or proceeding.]

      3.  Any assurance of discontinuance accepted by the Commissioner or Director pursuant to subsection 2 must be filed with the court in the same manner as required by the Attorney General pursuant to NRS 598.0995 and, upon acceptance by the court, becomes an order of the court. An assurance of discontinuance made pursuant to subsection 2 is not an admission of guilt or liability for any purpose, except that any failure to comply with the provisions of the assurance is enforceable in the same manner as provided in subsection 7 of NRS 598.0971.

 


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comply with the provisions of the assurance is enforceable in the same manner as provided in subsection 7 of NRS 598.0971.

      Sec. 10. NRS 598.098 is hereby amended to read as follows:

      598.098  1.  [NRS 598.0903 to 598.0999, inclusive, do not prohibit the] The Commissioner or Director [from disclosing to the Attorney General, any district attorney or any law enforcement officer the fact that a crime has been committed by any person, if this fact has become known as a result of any investigation conducted pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive.] may, during the course of the investigation of any alleged violation of this chapter, obtain and use any intelligence, investigative information or other information obtained by or made available to the Commissioner or Director. Except as otherwise provided in subsections 2 and 3, any such intelligence or information received must remain confidential under the laws of this State until the Commissioner or Director obtains a final administrative order pursuant to NRS 598.0971 and is exempt from the provisions of NRS 239.010.

      2.  [Subject to the provisions of subsection 2 of NRS 598.0979 and except] Except as otherwise provided in [this section,] subsection 4, the Commissioner or Director may [not make public the name of any person alleged to have committed a deceptive trade practice. This subsection does not:

      (a) Prevent the Commissioner or Director from issuing public statements describing or warning of any course of conduct which constitutes a deceptive trade practice.

      (b) Apply to a person who is subject to an order issued pursuant to subsection 5 of NRS 598.0971.] cooperate with and coordinate the enforcement of the provisions of this chapter with the Attorney General, any state or local governmental agencies, officer of the Federal Government and the several states, including, without limitation, the sharing of information and evidence obtained in accordance with NRS 598.0967.

      3.  [Upon request,] The provisions of subsections 1 and 2 do not prohibit the Commissioner [may:

      (a) Disclose the number of written complaints received by the Commissioner during the current and immediately preceding 3 fiscal years. A disclosure made pursuant to this paragraph must include the disposition of the complaint disclosed.

      (b) Make public any order to cease and desist issued pursuant to subsection 5 of NRS 598.0971.

Ê This subsection does not authorize the Commissioner to disclose or make public the contents of any complaint described in paragraph (a) or the record of or any other information concerning a hearing conducted in relation to the issuance of an order to cease and desist described in paragraph (b).] or Director from disclosing any intelligence or information received pursuant to subsection 1, including, without limitation, the address or telephone number of a business or organization.

      4.  [The Commissioner may adopt regulations authorizing the disclosure of] If any information [concerning any complaint or number of complaints received by] sought pursuant to an investigation of an alleged violation of this chapter includes a trade secret, the Commissioner or Director [relating to a person who has been convicted of violating a provision of NRS 598.0903 to 598.0999, inclusive.] shall enter into, and be bound by, an agreement regarding limitations on the disclosure of the information to protect the trade secret.

 


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agreement regarding limitations on the disclosure of the information to protect the trade secret. Notwithstanding the provisions of this section, the Commissioner or Director shall not disclose that information in violation of the terms of the agreement. As used in this subsection, “trade secret” has the meaning ascribed to it in NRS 600A.030.

      Sec. 11. (Deleted by amendment.)

      Sec. 12. NRS 598.0995 is hereby amended to read as follows:

      598.0995  1.  In proceeding pursuant to subsection 3 of NRS 598.0963 or NRS 598.0987 to 598.0995, inclusive, the district attorney or Attorney General may accept an assurance of discontinuance with respect to any method, act or practice deemed to be a deceptive trade practice from any person who is engaged or is about to engage in the method, act or practice by following the procedures set forth in [subsection 2 of] NRS 598.0979.

      2.  Any assurance made pursuant to subsection 1 must be in writing and must be filed with and subject to the approval of the district court in the county in which the alleged violator resides or has his or her principal place of business, or the district court in any county where any deceptive trade practice has occurred or is about to occur or the district court agreed to by the parties.

      3.  An assurance of discontinuance made pursuant to subsections 1 and 2 is not an admission of violation for any purpose, but is subject to the terms, limitations and conditions of NRS 598.0979.

      Sec. 13. (Deleted by amendment.)

      Sec. 14. Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  From July 1, 2015, through June 30, 2017, for the purposes of the provisions of NRS 598.0903 to 598.0999, inclusive, any duty or authority conferred upon or any reference to the Consumer Affairs Division of the Department of Business and Industry shall be deemed to be the duty or authority of, or a reference to, the Consumer Affairs Unit which is hereby created in the Department of Business and Industry.

      2.  The Director of the Department of Business and Industry shall designate a Deputy Director of the Department of Business and Industry to serve as the Commissioner of Consumer Affairs and Chief of the Consumer Affairs Unit.

      Sec. 15. Section 77 of chapter 475, Statutes of Nevada 2009, at page 2732, is hereby amended to read as follows:

       Sec. 77.  1.  NRS 487.535, 487.568, 487.570, 487.602, 597.480, 597.490, 597.500, 597.510, 597.520, 597.530, 597.535, 597.540, 597.550, 597.560, 597.570, 597.5701, 597.5702, 597.5703, 597.5704, 597.5705, 597.5706, 597.580, 597.590, 598.971, 598.975, 598.981, 598.985 and 598.990 are hereby repealed.

       2.  NRS [598.0913, 598.0927, 598.0957, 598.0959, 598.0965, 598.0966, 598.0967, 598.0971, 598.0979, 598.098,] 598.305, 598.307, 598.315, 598.317, 598.325, 598.335, 598.345, 598.356, 598.361, 598.365, 598.366, 598.367, 598.371, 598.372, 598.373, 598.374, 598.375, 598.385, 598.395, 598.405, 598.416, 598.425, 598.435, 598.445, 598.455, 598.465, 598.471, 598.485, 598.495, 598.506, 598.515, 598.525, 598.845, 598.851, 598.855, 598.860, 598.865, 598.915, 598.9407, 598.9413, 598.944, 598.946, 598C.030, 598C.180, 599B.015, 599B.080, 599B.090, 599B.100, 599B.105, 599B.110, 599B.115, 599B.120, 599B.125, 599B.130, 599B.140, 599B.143, 599B.145 and 599B.195 are hereby repealed.

 


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599B.110, 599B.115, 599B.120, 599B.125, 599B.130, 599B.140, 599B.143, 599B.145 and 599B.195 are hereby repealed.

      Sec. 16. Section 80 of chapter 475, Statutes of Nevada 2009, as last amended by chapter 250, Statutes of Nevada 2013, at page 1054, is hereby amended to read as follows:

       Sec. 80.  1.  This section and sections 1 to 35, inclusive, 36 to 57, inclusive, and 58 to 79, inclusive, of this act become effective on July 1, 2009.

       2.  The amendatory provisions of sections 3, 4, [36 to] 50, 51, [inclusive,] 57, 58 to 75, inclusive, and subsection 2 of section 77 of this act expire by limitation on June 30, [2015.] 2017.

       3.  Sections 35.1 to 35.95, inclusive, and 57.5 of this act become effective on July 1, [2015.] 2017.

       4.  The amendatory provisions of sections 36 to 49, inclusive, of this act expire by limitation on June 30, 2015.

      Sec. 17.  1.  This section and sections 14, 15 and 16 of this act become effective upon passage and approval.

      2.  Sections 1 to 13, inclusive, of this act become effective:

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

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

      3.  Section 14 of this act expires by limitation on June 30, 2017.

________

EMERGENCY REQUEST of Speaker of the Assembly

 

CHAPTER 529, AB 498

Assembly Bill No. 498–Assemblyman Hambrick

 

CHAPTER 529

 

[Approved: June 10, 2015]

 

AN ACT relating to electric utilities; revising provisions relating to the emissions reduction and capacity replacement plan of an electric utility; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires an electric utility to file with the Public Utilities Commission of Nevada, as part of a triennial resource plan, a comprehensive plan for the reduction of emissions from coal-fired electric generating plants and the replacement of the capacity of such plants with increased capacity from renewable energy facilities and other electric generating plants. (NRS 704.7311-704.7322) Section 1 of this bill generally provides that an electric utility must demonstrate to the satisfaction of the Commission the need for the construction or acquisition of, or contracting for, certain electric generating capacity and certain facilities for the generation of electricity. Section 2 of this bill authorizes the Commission to approve certain contracts related to the electric utility’s emissions reduction and capacity replacement plan if: (1) the contracts are entered into pursuant to a request for proposals authorized by the Commission; and (2) the Commission determines that the electric utility has satisfactorily demonstrated a need for the additional electric generating capacity acquired pursuant to such contracts.

 


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ê2015 Statutes of Nevada, Page 3654 (Chapter 529, AB 498)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 704.7316 is hereby amended to read as follows:

      704.7316  1.  An electric utility shall file with the Commission, as part of the plan required to be submitted pursuant to NRS 704.741, a comprehensive plan for the reduction of emissions from coal-fired electric generating plants and the replacement of the capacity of such plants with increased capacity from renewable energy facilities and other electric generating plants.

      2.  The emissions reduction and capacity replacement plan must provide:

      (a) For the retirement or elimination of:

             (1) Not less than 300 megawatts of coal-fired electric generating capacity on or before December 31, 2014;

             (2) In addition to the generating capacity retired or eliminated pursuant to subparagraph (1), not less than 250 megawatts of coal-fired electric generating capacity on or before December 31, 2017; and

             (3) In addition to the generating capacity retired or eliminated pursuant to subparagraphs (1) and (2), not less than 250 megawatts of coal-fired electric generating capacity on or before December 31, 2019.

Ê For the purposes of this paragraph, the generating capacity of a coal-fired electric generating plant must be determined by reference to the most recent resource plan filed by the electric utility pursuant to NRS 704.741 and accepted by the Commission pursuant to NRS 704.751.

      (b) [For] Except as otherwise provided in subparagraphs (3) and (7), for the construction or acquisition of, or contracting for, 350 megawatts of electric generating capacity from renewable energy facilities. The electric utility shall:

             (1) Issue a request for proposals for 100 megawatts of electric generating capacity from new renewable energy facilities on or before December 31, 2014;

             (2) In addition to the request for proposals issued pursuant to subparagraph (1), issue a request for proposals for 100 megawatts of electric generating capacity from new renewable energy facilities on or before December 31, 2015;

             (3) In addition to the requests for proposals issued pursuant to subparagraphs (1) and (2), and upon a determination by the Commission that the electric utility has satisfactorily demonstrated a need for such electric generating capacity, issue a request for proposals for not more than 100 megawatts of electric generating capacity from new renewable energy facilities ; [on or before December 31, 2016;]

             (4) Review each proposal received pursuant to subparagraphs (1), (2) and (3) and identify those renewable energy facilities that will provide:

                   (I) The greatest economic benefit to this State;

                   (II) The greatest opportunity for the creation of new jobs in this State; and

                   (III) The best value to customers of the electric utility;

             (5) Negotiate, in good faith, to construct, acquire or contract with the renewable energy facilities identified pursuant to subparagraph (4), and file with the Commission an amendment to the plan each time the utility wishes to construct, acquire or contract with such facilities; [and]

 


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ê2015 Statutes of Nevada, Page 3655 (Chapter 529, AB 498)ê

 

with the Commission an amendment to the plan each time the utility wishes to construct, acquire or contract with such facilities; [and]

             (6) Begin, on or before December 31, 2017, the construction or acquisition of a portion of new renewable energy facilities with a generating capacity of [50] approximately 15 megawatts to be owned and operated by the electric utility, and complete construction of such facilities on or before December 31, 2021 [.] ; and

             (7) After the effective date of this act, upon a determination by the Commission that the electric utility has satisfactorily demonstrated a need for such electric generating capacity, begin the construction or acquisition of new renewable energy facilities with a generating capacity of not more than 35 megawatts to be owned and operated by the electric utility.

Ê For the purposes of this paragraph, the generating capacity of a renewable energy facility must be determined by the nameplate capacity of the facility.

      (c) For the electric utility to construct or acquire and own electric generating plants with an electric generating capacity of [550] 496 megawatts, which must be constructed or acquired to replace, in an orderly and structured manner, the coal-fired electric generating capacity retired or eliminated pursuant to paragraph (a).

      (d) After the effective date of this act, upon a determination by the Commission that the electric utility has satisfactorily demonstrated a need for such electric generating capacity, for the electric utility to construct or acquire and own electric generating plants with an electric generating capacity of not more than 54 megawatts, which must be constructed or acquired to replace, in an orderly and structured manner, the coal-fired electric generating capacity retired or eliminated pursuant to paragraph (a).

      [(d)](e) If the plan includes the construction or acquisition of one or more natural gas-fired electric generating plants, a strategy for the commercially reasonable physical procurement of fixed-price natural gas by the electric utility.

      [(e)](f) A plan for tracking and specifying the accounting treatment for all costs associated with the decommissioning of the coal-fired electric generating plants identified for retirement or elimination.

Ê For the purposes of this subsection, an electric utility shall be deemed to own, acquire, retire or eliminate only its pro rata portion of any electric generating facility that is not wholly owned by the electric utility and, except as otherwise provided in paragraph (b), “capacity” means an amount of firm electric generating capacity used by the electric utility for the purpose of preparing a plan filed with the Commission pursuant to NRS 704.736 to 704.754, inclusive.

      3.  In addition to the requirements for an emissions reduction and capacity replacement plan set forth in subsection 2, the plan may include additional utility facilities, electric generating plants, elements or programs necessary to carry out the plan, including, without limitation:

      (a) The construction of natural gas pipelines necessary for the operation of any new natural gas-fired electric generating plants included in the plan;

      (b) Entering into contracts for the transportation of natural gas necessary for the operation of any natural gas-fired electric generating plants included in the plan; and

 


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ê2015 Statutes of Nevada, Page 3656 (Chapter 529, AB 498)ê

 

      (c) The construction of transmission lines and related infrastructure necessary for the operation or interconnection of any electric generating plants included in the plan.

      Sec. 2. NRS 704.732 is hereby amended to read as follows:

      704.732  1.  An electric utility shall file with the Commission an amendment to the utility’s emissions reduction and capacity replacement plan each time the utility requests approval and acceptance by the Commission of any contract with a new renewable energy facility as the result of a request for proposals pursuant to the current emissions reduction and capacity replacement plan. [The] Except as otherwise provided in subsection 3, the Commission may approve and accept the renewable energy facility if the Commission determines that:

      (a) The facility is a renewable energy system as defined in NRS 704.7815; and

      (b) The terms and conditions of the contract are just and reasonable and satisfy the capacity requirements set forth in subsection 2 of NRS 704.7316.

      2.  In considering a contract pursuant to subsection 1, the Commission shall, in addition to considering the cost to customers of the electric utility, give consideration to those contracts or renewable energy facilities that will provide:

      (a) The greatest economic benefit to this State;

      (b) The greatest opportunity for the creation of new jobs in this State; and

      (c) The best value to customers of the electric utility.

      3.  The Commission may approve a contract as the result of the issuance of a request for proposals after the effective date of this act if the Commission:

      (a) Authorizes the issuance of the request for proposals pursuant to a written order of the Commission issued after the effective date of this act; and

      (b) Determines that the electric utility has satisfactorily demonstrated a need for the capacity that would be acquired or otherwise provided for pursuant to the contract.

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

________

 

 

 


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ê2015 Statutes of Nevada, Page 3657ê

 

CHAPTER 530, SB 233

Senate Bill No. 233–Committee on Commerce, Labor and Energy

 

CHAPTER 530

 

[Approved: June 10, 2015]

 

AN ACT relating to occupational safety; removing provisions governing the expiration and renewal of certain completion cards obtained by construction workers and supervisory employees; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires each construction worker and supervisory employee to obtain, within 15 days after the date he or she is hired, a completion card for taking a course in construction industry safety and health hazard recognition which is: (1) developed by the Occupational Safety and Health Administration of the United States Department of Labor; and (2) approved by the Division of Industrial Relations of the Department of Business and Industry. Each completion card obtained by a construction worker or supervisory employee expires 5 years after the date it is issued and may be renewed by: (1) completing another such course in construction industry safety and health hazard recognition within the previous 5 years; or (2) completing certain requirements for continuing education within that period. (NRS 618.983) This bill provides that a completion card obtained by a construction worker or supervisory employee does not expire or require renewal.

 

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 618.977 is hereby amended to read as follows:

      618.977  1.  The Division shall, by regulation, approve OSHA-10 courses and OSHA-30 courses for the purposes of fulfilling the requirements of NRS 618.983.

      2.  The Division shall establish a registry to track the providers of courses approved pursuant to subsection 1.

      [3.  The Division shall adopt regulations that set forth guidelines for job-specific training to qualify as continuing education for the purposes of NRS 618.983.]

      Sec. 2. NRS 618.983 is hereby amended to read as follows:

      618.983  1.  Not later than 15 days after the date a construction worker other than a supervisory employee is hired, the construction worker must obtain a completion card for an OSHA-10 course which is issued upon completion of a course approved by the Division pursuant to NRS 618.977.

      2.  Not later than 15 days after the date a supervisory employee is hired, the supervisory employee must obtain a completion card for an OSHA-30 course which is issued upon completion of a course approved by the Division pursuant to NRS 618.977.

      [3.  Any completion card used to satisfy the requirements of this section expires 5 years after the date it is issued and may be renewed by:

      (a) Completing an OSHA-10 course or OSHA-30 course, as applicable, within the previous 5 years; or

      (b) Providing proof satisfactory to the Division that the construction worker has completed continuing education within the previous 5 years consisting of job-specific training that meets the guidelines established by the Division pursuant to NRS 618.977 in an amount of:

 


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ê2015 Statutes of Nevada, Page 3658 (Chapter 530, SB 233)ê

 

consisting of job-specific training that meets the guidelines established by the Division pursuant to NRS 618.977 in an amount of:

             (1) For a completion card issued for an OSHA-10 course, not less than 5 hours; or

             (2) For a completion card issued for an OSHA-30 course, not less than 15 hours.]

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

________

CHAPTER 531, SB 360

Senate Bill No. 360–Senators Spearman, Ford, Woodhouse, Kihuen, Parks; Denis, Manendo and Segerblom

 

CHAPTER 531

 

[Approved: June 10, 2015]

 

AN ACT relating to energy efficiency; directing the Legislative Committee on Energy to conduct an interim study concerning the development, viability, expansion and implementation of energy efficiency programs and the viability of establishing green banks and similar entities to help finance the use and harnessing of clean energy in this State, for both commercial and residential properties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Legislative Committee on Energy and directs the Committee to take a variety of actions with respect to matters related to energy policy within this State. (NRS 218E.800-218E.815) Section 1.5 of this bill directs the Committee to conduct an interim study concerning: (1) the development, viability, expansion and implementation of energy efficiency programs; and (2) the viability of establishing green banks and similar entities to help finance the use and harnessing of clean energy projects in this State, for both commercial and residential properties. The Committee will consult with entities and interests from various backgrounds including government, public utilities, real estate development and finance. Section 2 of this bill directs the Governor’s Office of Energy (the Office of Energy created within the Office of the Governor) to provide administrative and technical assistance to the Committee. Section 3 of this bill defines the terms “clean energy,” “green bank,” “Legislative Committee on Energy” and “Office of Energy.”

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Legislature hereby finds and declares that:

      1.  Developing sustainable and reliable energy efficiency programs is critical to the future of Nevada’s economy and competitiveness;

      2.  Energy production and energy efficiency programs in Nevada should be diverse, stable, affordable, technologically advanced and environmentally sound;

 


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ê2015 Statutes of Nevada, Page 3659 (Chapter 531, SB 360)ê

 

      3.  Attracting investors and participants in energy efficiency programs from private businesses and industries is paramount to establishing an energy policy in Nevada consistent with Nevada’s energy goals for the 21st century; and

      4.  The efficient use of energy frees public and private money for use in other areas such as education, infrastructure, public health and public safety.

      Sec. 1.5.  1.  The Legislative Committee on Energy shall conduct an interim study concerning:

      (a) The development, viability, expansion and implementation of energy efficiency programs in this State, including, without limitation, programs for businesses and industries in this State, energy efficiency resource standards and other energy efficiency incentive programs; and

      (b) The viability of establishing green banks and similar entities to help finance the use and harnessing of clean energy projects in this State, for both commercial and residential properties.

      2.  In carrying out the duties set forth in this section, the Committee shall consult with and solicit input from the following entities and interests:

      (a) The Public Utilities Commission of Nevada;

      (b) A utility company regulated by the Public Utilities Commission of Nevada;

      (c) The Office of Energy;

      (d) A financial institution in this State that has expertise in the financing of clean energy projects;

      (e) The Office of the State Treasurer;

      (f) A residential or commercial builder in this State that has expertise in the installation and integration of clean energy products and techniques in residential or commercial building projects;

      (g) An association of residential or commercial real estate developers;

      (h) As determined appropriate by the Committee, other persons, businesses, state agencies, entities, interests or other organizations with expertise in matters relevant to energy efficiency programs, including, without limitation, consumers, representatives from organizations that promote energy efficiency and representatives from businesses and industries that may be affected by any recommendations of the Committee; and

      (i) Any other person determined appropriate by the Committee.

      3.  The Committee shall study, without limitation:

      (a) The existing energy efficiency incentive programs within this State and existing clean energy programs and financial activities occurring within this State, including, without limitation, programs and activities of state governmental agencies, the Public Utilities Commission of Nevada, local governmental entities within this State, public and private utilities serving customers in this State and other private entities and organizations within this State.

      (b) Other states’ laws, regulations and policies relating to energy efficiency incentive programs and energy efficiency resource standards.

      (c) The methods of capitalization, structure, organization and financing of green banks and similar entities that assist in financing the production and harnessing of clean energy in the United States and outside the United States.

      (d) The sources, types and amounts of private capital leveraged or invested in connection with green banks and similar entities for financing clean energy.

 


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ê2015 Statutes of Nevada, Page 3660 (Chapter 531, SB 360)ê

 

      (e) The current and potential size, in this State, of existing and potential markets for clean energy.

      (f) The need to provide reasonably priced financing or establish related market structures to increase clean energy market penetration and fill any existing market gaps.

      (g) Potential financial instruments or services to be used by a green bank or a similar entity for helping to finance and harness projects in this State, including, without limitation, loans, leases, credit enhancements, warehouses and securitization.

      (h) The need for a green bank or similar entity to finance clean energy in this State.

      (i) The impact and advisability of implementing legislation regarding energy efficiency resource standards and any other energy efficiency incentive programs considered by the Committee.

      4.  The Committee may accept any gifts, grants or donations to assist the Committee in carrying out the duties set forth in this section.

      5.  If the Committee determines that a green bank or similar entity is needed to help finance or harness projects of clean energy in this State, the Committee shall provide recommendations regarding:

      (a) The legal steps required to create such an entity;

      (b) Capital resources that can be used to pay for the entity;

      (c) The structure and organization of the entity;

      (d) The markets in this State that such an entity should serve; and

      (e) The types of financing activities the entity should undertake.

      6.  On or before January 1, 2017, the Committee shall submit a report of its findings, including, without limitation, any recommendations for legislation, to:

      (a) The Director of the Legislative Counsel Bureau for distribution to the 79th Session of the Nevada Legislature;

      (b) The Public Utilities Commission of Nevada; and

      (c) The Director of the Office of Energy.

      Sec. 2.  The Office of Energy, in consultation with the Public Utilities Commission of Nevada and with the encouraged cooperation of various public and private utilities in this State, shall provide administrative and technical assistance to the Committee.

      Sec. 3.  As used in sections 1.5 and 2 of this act:

      1.  “Clean energy” includes:

      (a) Energy produced from renewable resources, including, without limitation, biomass, fuel cells, geothermal, solar, waterpower, wind or any other source of energy that occurs naturally or is regenerated naturally; and

      (b) Energy saved as a result of the installation and use of products or technologies that are energy efficient.

      2.  “Green bank” means an institution that exists or is created to help harness or use clean energy and includes features or properties such as, without limitation:

      (a) The institution is public or quasi-public.

      (b) The institution provides or helps to provide financing that is low-cost, or long-term, or both, for projects that generate clean energy.

      (c) The leveraging of private investment by way of the stimulating investment of public money.

      (d) The reduction of market inefficiencies.

      (e) Greater deployment of the use of clean energy.

 


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ê2015 Statutes of Nevada, Page 3661 (Chapter 531, SB 360)ê

 

      (f) Recycling of public capital, so that investment in clean energy may increase without affecting taxpayers.

      3.  “Legislative Committee on Energy” or “Committee” means the Legislative Committee on Energy created by NRS 218E.805.

      4.  “Office of Energy” means the Office of Energy created within the Office of the Governor by NRS 701.150.

      Sec. 4.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

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

________

CHAPTER 532, SB 481

Senate Bill No. 481–Committee on Government Affairs

 

CHAPTER 532

 

[Approved: June 10, 2015]

 

AN ACT relating to local governments; prohibiting a county, incorporated city or regional transportation commission from creating, maintaining or displaying a comprehensive model or map of the physical location of all or a substantial portion of the facilities of a public utility, public water system or video service provider; providing that the prohibition does not limit the authority of a county, city or regional transportation commission to require a public utility, public water system or video service provider to disclose information relating to the physical location of the facilities of the public utility, public water system or video service provider to facilitate certain public projects; revising provisions relating to municipal utilities; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Sections 1, 3 and 3.5 of this bill prohibit a county, incorporated city or regional transportation commission, respectively, from creating, maintaining or displaying a comprehensive model or map of the location of all or a substantial portion of the facilities of a public utility, public water system or video service provider. This prohibition does not limit the authority of a county, city or regional transportation system to require a public utility, public water system or video service provider to provide information to the county, city or commission relating to the physical location of the facilities of the public utility, public water system or video service provider to facilitate certain public projects.

      Sections 2.3 and 3.3 of this bill provide that if real property is located within the service area of a municipal utility, the provision of services by the municipal utility to the property may not be conditioned upon the property owner agreeing to annexation of the real property to the city.

 


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ê2015 Statutes of Nevada, Page 3662 (Chapter 532, SB 481)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 244 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A county, including, without limitation, any board or planning agency of the county, shall not create, maintain or display a comprehensive model or map of the physical location of all or a substantial portion of the facilities of a public utility, public water system or video service provider.

      2.  The provisions of subsection 1 do not limit the authority of a county, including, without limitation, any board or planning agency of the county, to require a public utility, public water system, video service provider to provide information about the physical location of the facilities of the public utility, public water system or video service provider for the purpose of facilitating a public work.

      3.  As used in this section:

      (a) “Public utility” has the meaning ascribed to it in NRS 704.020.

      (b)“Public water system” has the meaning ascribed to it in NRS 445A.235, except the term does not include a water system that is owned or operated by the county.

      (c) “Public work” has the meaning ascribed to it in NRS 338.010.

      (d) “Video service provider” has the meaning ascribed to it in NRS 711.151.

      Sec. 2. (Deleted by amendment.)

      Sec. 2.3. Chapter 266 of NRS is hereby amended by adding thereto a new section to read as follows:

      If real property is located within the service area of a public utility acquired or established by a city council pursuant to NRS 266.290, the provision of services by the public utility to the property may not be conditioned upon the property owner agreeing to annexation of the real property to the city.

      Sec. 2.5. Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 3.3 of this act.

      Sec. 3.  1.  An incorporated city, including, without limitation, any board or planning agency of the city, shall not create, maintain or display a comprehensive model or map of the physical location of all or a substantial portion of the facilities of a public utility, public water system or video service provider.

      2.  The provisions of subsection 1 do not limit the authority of an incorporated city, including, without limitation, any board or planning agency of the city, to require a public utility, public water system or video service provider to provide information about the physical location of the facilities of the public utility, public water system or video service provider for the purpose of facilitating a public work or a public improvement project pursuant to a franchise agreement.

      3.  As used in this section:

      (a) “Public utility” has the meaning ascribed to it in NRS 704.020, except the term does not include a sewer system that is owned or operated by the city.

 


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ê2015 Statutes of Nevada, Page 3663 (Chapter 532, SB 481)ê

 

      (b) “Public water system” has the meaning ascribed to it in NRS 445A.235, except the term does not include a water system that is owned or operated by the city.

      (c) “Public work” has the meaning ascribed to it in NRS 338.010.

      (d) “Video service provider” has the meaning ascribed to it in NRS 711.151.

      Sec. 3.3. If real property is located within the service area of a municipal utility, the provision of services by the municipal utility to the property may not be conditioned upon the property owner agreeing to annexation of the real property to the city.

      Sec. 3.5. Chapter 277A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A commission shall not create, maintain or display a comprehensive model or map of the physical location of all or a substantial portion of the facilities of a public utility, public water system or video service provider.

      2.  The provisions of subsection 1 do not limit the authority of a commission to require a public utility, public water system or video service provider to provide information about the physical location of the facilities of the public utility, public water system or video service provider for the purpose of facilitating a project.

      3.  As used in this section:

      (a) “Public utility” has the meaning ascribed to it in NRS 704.020.

      (b) “Public water system” has the meaning ascribed to it in NRS 445A.235.

      (c) “Video service provider” has the meaning ascribed to it in NRS 711.151.

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

________

 

CHAPTER 533, SB 111

Senate Bill No. 111–Senators Ford and Atkinson

 

CHAPTER 533

 

[Approved: June 11, 2015]

 

AN ACT relating to the Nevada Highway Patrol Division of the Department of Public Safety; requiring certain peace officers employed by the Nevada Highway Patrol to wear a portable event recording device under certain circumstances; requiring the Nevada Highway Patrol to adopt policies and procedures governing the use of portable event recording devices; providing that records made by portable event recording devices are public records and may be requested under certain circumstances; exempting the use of portable event recording devices from provisions governing the interception of certain communications; exempting the use of portable event recording devices upon certain property; requiring the Advisory Commission on the Administration of Justice to review the policies and procedures adopted by the Nevada Highway Patrol governing the use of portable event recording devices; making an appropriation; and providing other matters properly relating thereto.

 


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ê2015 Statutes of Nevada, Page 3664 (Chapter 533, SB 111)ê

 

Legislative Counsel’s Digest:

      Section 1 of this bill requires: (1) certain peace officers employed by the Nevada Highway Patrol to wear a portable event recording device while on duty; and (2) the Nevada Highway Patrol to adopt policies and procedures governing the use of portable event recording devices. Section 1 also establishes that any record made by a portable event recording device is a public record which may only be requested: (1) on a per incident basis; and (2) viewed at the location where the record is held if the record contains confidential information.

      Existing law authorizes investigative or law enforcement officers to intercept wire or oral communications, subject to certain requirements. (NRS 179.410-179.515) Section 2 of this bill exempts a portable event recording device worn by a peace officer employed by the Nevada Highway Patrol from the definition of an “electronic, mechanical or other device” used to intercept wire or oral communication.

      Existing law also prohibits surreptitious electronic surveillance on: (1) the grounds of any facility owned or leased by the State of Nevada; (2) the property of a public school; or (3) a campus of the Nevada System of Higher Education. (NRS 331.200, 393.400, 396.970) Sections 3-5 of this bill create an exception for peace officers employed by the Nevada Highway Patrol wearing a portable event recording device in accordance with section 1 from certain provisions relating to unlawful surreptitious electronic surveillance.

      Section 6.5 of this bill requires the Nevada Highway Patrol to adopt initial policies and procedures governing the use of portable event recording devices by July 1, 2016. Section 6.5 further requires the Advisory Commission on the Administration of Justice to review such initial policies and procedures at a meeting on or after July 1, 2016.

      Section 6.3 of this bill makes an appropriation for the 2015-2017 biennium from the State Highway Fund to the Nevada Highway Patrol for the purpose of carrying out the requirements of this bill.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 480 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Nevada Highway Patrol shall:

      (a) Require each uniformed peace officer employed by the Nevada Highway Patrol who routinely interacts with the public to wear a portable event recording device while on duty.

      (b) Adopt policies and procedures governing the use of portable event recording devices, including, without limitation:

             (1) Requiring activation of a portable event recording device whenever a peace officer is:

                   (I) Responding to a call for service; or

                   (II) Initiating a law enforcement or investigative encounter with a member of the public;

             (2) Prohibiting deactivation of a portable event recording device until the conclusion of the event described in subparagraph (1);

             (3) Protecting the privacy of persons:

                   (I) In private residences;

                   (II) Seeking to report a crime or provide information regarding a crime or ongoing investigation anonymously; and

                   (III) Claiming to be a victim of a crime;

 


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ê2015 Statutes of Nevada, Page 3665 (Chapter 533, SB 111)ê

 

             (4) Requiring that any record made by a portable event recording device be retained by the Nevada Highway Patrol for not less than 15 days; and

             (5) Establishing disciplinary rules for peace officers who:

                   (I) Fail to operate a portable event recording device in accordance with any policy or procedure adopted pursuant to this section;

                   (II) Intentionally manipulate any record made by a portable event recording device in violation of any policy or procedure adopted pursuant to this section; or

                   (III) Prematurely erase or destroy any record made by a portable event recording device.

      2.  Any record made by a portable event recording device pursuant to this section is a public record which may only be:

      (a) Requested on a per incident basis; and

      (b) Available for inspection at the location where the record is held if the record contains confidential information that may not otherwise be redacted.

      3.  As used in this section, “portable event recording device” means a device issued to a peace officer employed by the Nevada Highway Patrol to be worn on his or her body and which records both audio and visual events during an encounter with a member of the public while performing his or her duties as a peace officer.

      Sec. 2. NRS 179.425 is hereby amended to read as follows:

      179.425  “Electronic, mechanical or other device” means any device or apparatus which can be used to intercept a wire or oral communication other than:

      1.  Any telephone instrument, equipment or facility, or any component thereof:

      (a) Furnished to the subscriber or user by a communications common carrier in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business; or

      (b) Being used by a communications common carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his or her duties.

      2.  A hearing aid or similar device being used to correct subnormal hearing to not better than normal.

      3.  A portable event recording device, as defined in section 1 of this act.

      Sec. 2.5. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1A.110, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.

 


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217.464, 217.475, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 386.655, 387.626, 387.631, 388.5275, 388.528, 388.5315, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.652, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 412.153, 416.070, 422.290, 422.305, 422A.320, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.270, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 453.1545, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 467.137, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.583, 584.655, 598.0964, 598.0979, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.353, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.212, 634.214, 634A.185, 635.158, 636.107, 637.085, 637A.315, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.280, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 710.159, 711.600, and section 1 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

 


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ê2015 Statutes of Nevada, Page 3667 (Chapter 533, SB 111)ê

 

does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

      2.  A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

      3.  A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

      4.  A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:

      (a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.

      (b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.

      Sec. 3. NRS 331.220 is hereby amended to read as follows:

      331.220  1.  Except as otherwise provided in subsection 2, it is unlawful for a person to engage in any kind of surreptitious electronic surveillance on the grounds of any facility owned or leased by the State of Nevada without the knowledge of the person being observed.

      2.  Subsection 1 does not apply to any electronic surveillance:

      (a) Authorized by a court order issued to a public officer, based upon a showing of probable cause to believe that criminal activity is occurring on the property under surveillance;

      (b) By a law enforcement agency pursuant to a criminal investigation; [or]

      (c) By a uniformed peace officer of the Nevada Highway Patrol Division of the Department of Public Safety pursuant to section 1 of this act; or

      (d) Which is necessary as part of a system of security used to protect and ensure the safety of persons on the grounds of the facility.

      Sec. 4. NRS 393.400 is hereby amended to read as follows:

      393.400  1.  Except as otherwise provided in subsection 2, it is unlawful for a person to engage in any kind of surreptitious electronic surveillance on any property of a public school without the knowledge of the person being observed.

      2.  Subsection 1 does not apply to any electronic surveillance:

      (a) Authorized by a court order issued to a public officer, based upon a showing of probable cause to believe that criminal activity is occurring on the property of the public school under surveillance;

      (b) By a law enforcement agency pursuant to a criminal investigation;

      (c) By a uniformed peace officer of the Nevada Highway Patrol Division of the Department of Public Safety pursuant to section 1 of this act;

 


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ê2015 Statutes of Nevada, Page 3668 (Chapter 533, SB 111)ê

 

      (d) Which is necessary as part of a system of security used to protect and ensure the safety of persons on the property of the public school; or

      [(d)](e) Of a class or laboratory when authorized by the teacher of the class or laboratory.

      Sec. 5. NRS 396.970 is hereby amended to read as follows:

      396.970  1.  Except as otherwise provided in subsection 2, it is unlawful for a person to engage in any kind of surreptitious electronic surveillance on a campus of the System without the knowledge of the person being observed.

      2.  Subsection 1 does not apply to any electronic surveillance:

      (a) Authorized by a court order issued to a public officer, based upon a showing of probable cause to believe that criminal activity is occurring on the property under surveillance;

      (b) By a law enforcement agency pursuant to a criminal investigation;

      (c) By a uniformed peace officer of the Nevada Highway Patrol Division of the Department of Public Safety pursuant to section 1 of this act;

      (d) Which is necessary as part of a system of security used to protect and ensure the safety of persons on the campus; or

      [(d)](e) Of a class or laboratory when authorized by the teacher of the class or laboratory.

      Sec. 6. (Deleted by amendment.)

      Sec. 6.3.  1.  There is hereby appropriated from the State Highway Fund to the Nevada Highway Patrol Division of the Department of Public Safety for the purpose of carrying out the requirements of section 1 of this act the following sums:

 

For the Fiscal Year 2015-2016.................................................... $785,002

For the Fiscal Year 2016-2017.................................................... $475,104

 

      2.  The sums appropriated by subsection 1 are available for either fiscal year. Any remaining balance of those sums 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 State Highway Fund on or before September 15, 2017.

      Sec. 6.5.  1.  The Nevada Highway Patrol Division of the Department of Public Safety shall adopt, at a minimum, initial policies and procedures as required by section 1 of this act, on or before July 1, 2016.

      2.  The Advisory Commission on the Administration of Justice created pursuant to NRS 176.0123 shall, at a meeting held by the Commission, include as an item on the agenda a discussion of the progress of the Nevada Highway Patrol in adopting initial policies and procedures as required by section 1 of this act. The meeting must be held on or after July 1, 2016.

      3.  The Director of the Department shall attend the meeting required by subsection 2 to provide a report concerning the progress of the Nevada Highway Patrol in adopting such policies and procedures.

      Sec. 7.  1.  This section and section 6.5 of this act become effective upon passage and approval.

 


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ê2015 Statutes of Nevada, Page 3669 (Chapter 533, SB 111)ê

 

      2.  Sections 1 to 6, inclusive, of this act become effective upon passage and approval for the purpose of adopting policies and procedures governing the use of portable event recording devices and on January 1, 2017, for all other purposes.

      3.  Section 6.3 of this act becomes effective on July 1, 2015.

________

CHAPTER 534, SB 514

Senate Bill No. 514–Committee on Finance

 

CHAPTER 534

 

[Approved: June 11, 2015]

 

AN ACT relating to state financial administration; making appropriations from the State General Fund and the State Highway Fund for the support of the civil government of the State of Nevada for the 2015-2017 biennium; providing for the use of the money so appropriated; making various other changes relating to the financial administration of the State; repealing the prospective expiration of certain provisions relating to the Nevada Supreme Court; 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 sums set forth in sections 2 to 32, inclusive, of this act are hereby appropriated from the State General Fund for the purposes expressed in those sections, and for the support of the government of the State of Nevada for Fiscal Year 2015-2016 and Fiscal Year 2016-2017.

                                                                                        2015-2016          2016-2017

      Sec. 2.  The Office and Mansion of the Governor.

             For the support of the:

                   Office of the Governor.......................    $2,318,136         $2,341,149

                   Governor’s Finance Office................       3,546,921            4,006,387

                   Division of Internal Audits................       1,464,382            1,534,307

                   Governor’s Mansion...........................          326,151               372,594

                   High Level Nuclear Waste.................       1,357,388            1,385,884

                   Energy Conservation..........................                  100                       100

                   Office of Science, Innovation and Technology                 1,998,935 3,000,558

      Sec. 3.  The Office of Lieutenant Governor.

             For the support of the Office of the Lieutenant Governor                         $551,864  $589,558

      Sec. 4.  The Office of Attorney General.

             For the support of the:

                   Attorney General Administration Account                    $13,548,787 $12,472,065

                   Special Litigation Account................       2,500,000            2,500,000

                   Medicaid Fraud Control Unit............                  100                       100

 


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ê2015 Statutes of Nevada, Page 3670 (Chapter 534, SB 514)ê

 

                                                                                        2015-2016          2016-2017

                   Crime Prevention Program................        $332,205             $350,028

                   Office of the Extradition Coordinator                                    587,710 584,022

                   Bureau of Consumer Protection......          657,261               666,375

                   Advisory Council for Prosecuting Attorneys                                  100 100

      Sec. 5.  The Office of Secretary of State.

             For the support of the:

                   Office of the Secretary of State....... $19,286,995       $22,539,928

                   HAVA Election Reform.....................                  100                       100

      Sec. 6.  The Office of State Treasurer.

             For the support of the Office of the State Treasurer                 $544,167 $519,881

      Sec. 7.  The Office of State Controller.

             For the support of the Office of the State Controller            $6,388,441 $4,843,272

      Sec. 8.  Department of Administration.

             For the support of the:

                   Merit Award Board.............................            $1,100                 $1,100

                   National Judicial College and National Council of Juvenile and Family Court Judges .......................................... 130,430         130,430

                   Special Appropriations.......................       6,250,000            7,350,000

                   Nevada State Library.........................       2,667,695            2,700,975

                   Archives and Public Records............       1,482,357            1,506,575

                   Public Works Division - Facility Condition and Analysis                     340,338    350,532

                   Grants Office.......................................          384,442               401,530

                   Fleet Services Capital Purchase........       2,960,562                 90,544

      Sec. 9.  Department of Taxation.

             For the support of the Department of Taxation                  $27,606,199 $28,531,109

      Sec. 10.  Legislative Fund.

             For the support of the:

                   Legislative Commission.....................        $233,291             $138,171

                   Audit Division......................................       3,389,730            3,441,530

                   Administrative Division.....................       9,370,031            9,338,241

                   Legal Division......................................       9,127,038            8,850,476

                   Research Division...............................       4,856,899            4,775,136

                   Fiscal Analysis Division.....................       3,766,830            3,731,542

                   Interim Legislative Operations.........          789,341               669,086

      Sec. 11.  Supreme Court of Nevada.

             For the support of the:

                   Specialty Court....................................    $2,521,692         $3,652,852

                   Supreme Court of Nevada................       4,834,495            4,870,562

                   Supreme Court Law Library.............       1,743,050            1,857,870

                   Judicial Programs and Services Division                                 709,357 735,867

                   Judicial Retirement System State Share                              1,815,862 1,971,801

 


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ê2015 Statutes of Nevada, Page 3671 (Chapter 534, SB 514)ê

 

                                                                                        2015-2016          2016-2017

                   Senior Justice and Senior Judge Program                             $991,457 $987,112

                   Judicial Selection.................................            15,349                 15,349

                   State Judicial Elected Officials.........    21,740,081         22,039,369

                   Court of Appeals.................................       2,205,302            2,207,643

      Sec. 12.  Commission on Judicial Discipline.

             For the support of the Commission on Judicial Discipline                         $872,166  $824,737

      Sec. 13.  Governor’s Office of Economic Development.

             For the support of the:

                    Governor’s Office of Economic Development                $8,783,416 $7,752,750

                   Rural Community Development.....            97,523               100,749

                   Procurement Outreach Program.......          126,479               129,237

                   Nevada Catalyst Account.................       7,000,000                       -----

                   Nevada Knowledge Account............       9,000,000            5,000,000

      Sec. 14.  Department of Tourism and Cultural Affairs.

             For the support of the:

                   Museums and History Administration                                 $207,927 $208,822

                   Nevada Historical Society, Reno.....          282,852               295,025

                   Nevada State Museum, Carson City                                      735,754 735,784

                   Nevada State Museum, Las Vegas.          711,618               727,458

                   Lost City Museum..............................          185,288               191,309

                   Nevada State Railroad Museums....          494,032               500,563

                   Nevada Arts Council..........................          572,112               578,753

                   Nevada Humanities...........................            75,000                 75,000

                   Nevada Indian Commission.............          200,884               211,492

                   Stewart Indian School Living Legacy                                             ----- 122,885

      Sec. 15.  Department of Education.

             For the support of the:

                   Office of the Superintendent............    $1,439,359         $1,484,498

                   Parental Involvement and Family Engagement                   197,332 205,335

                   Office of Early Learning and Development                       4,631,036 5,929,932

                   Literacy Programs...............................          116,416               248,383

                   Student and School Support.............       1,314,987            1,245,744

                   Standards and Instructional Support                                   1,172,047 1,169,822

                   District Support Services....................          772,656               803,028

                   Career and Technical Education.....          688,233               688,233

                   Educator Licensure.............................                  100                       100

                   Continuing Education........................          661,861               661,861

                   Individuals with Disabilities Education Act                                   100 100

                   Assessments and Accountability.....    13,669,014         13,410,571

                   Educator Effectiveness......................          314,347               341,978

 


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ê2015 Statutes of Nevada, Page 3672 (Chapter 534, SB 514)ê

 

                                                                                        2015-2016          2016-2017

                   Data Systems Management.............    $3,487,336         $3,740,452

      Sec. 16.  State Public Charter School Authority.

             For the support of the Public Charter School Loan Program                     $400,000  -----

      Sec. 17.  Nevada System of Higher Education.

             For the support of the:

                   System Administration......................    $4,495,018         $4,499,683

                   Performance Funding Pool................          318,456         61,004,979

                   State-Funded Perkins Loan...............            35,793                 35,793

                   System Computing Center................    17,521,825         17,741,761

                   University Press...................................          422,431               422,711

                   Special Projects...................................       1,986,746            1,988,649

                   Business Center North........................       1,933,859            1,951,815

                   Business Center South.......................       1,724,737            1,743,335

                   University of Nevada, Reno............. 104,062,733         88,976,701

                   UNR – Intercollegiate Athletics........       5,194,287            5,204,487

                   Education for Dependent Children..                  -----                    5,288

                   UNR – Statewide Programs...............       8,089,105            8,105,671

                   Agricultural Experiment Station.......       5,095,459            5,109,742

                   Cooperative Extension Service........       3,732,621            3,750,941

                   School of Medical Sciences..............    32,795,764         34,987,795

                   Health Laboratory and Research....       1,576,133            1,585,174

                   University of Nevada, Las Vegas.... 144,434,105       123,771,356

                   UNLV – School of Medicine.............       1,200,000            7,100,000

                   UNLV – Intercollegiate Athletics.....       7,323,117            7,323,849

                   UNLV – Statewide Programs............       3,000,972            3,003,948

                   UNLV Law School..............................       9,379,021            9,416,652

                   UNLV Dental School..........................       8,164,221            8,300,440

                   Great Basin College............................    10,627,363            9,082,966

                   Nevada State College.........................    14,416,940         12,329,884

                   Desert Research Institute...................       6,836,741            6,817,716

                   College of Southern Nevada.............    88,317,073         75,531,926

                   Western Nevada College...................    11,846,338         10,127,039

                   Truckee Meadows Community College                           30,254,820 25,875,006

      Sec. 18.  Commission on Postsecondary Education.

             For the support of the Commission on Postsecondary Education           $303,003  $309,445

      Sec. 19.  Western Interstate Commission for Higher Education:

                   Administration.....................................        $350,165             $354,026

                   Loan and Stipend...............................          765,994               773,572

      Sec. 20.  Department of Health and Human Services.

             For the support of the:

                   Health and Human Services Administration                   $1,377,794 $1,389,265

                   Grants Management Unit..................          199,153               217,750

                   Office of the State Public Defender.       1,722,605            1,725,266

                   Consumer Health Assistance............          278,010               288,356

 


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ê2015 Statutes of Nevada, Page 3673 (Chapter 534, SB 514)ê

 

                                                                                        2015-2016          2016-2017

                   State Council on Developmental Disabilities                      $146,263 $149,575

                   Division of Health Care Financing and Policy:

                          Nevada Medicaid.....................      526,282,511       593,863,690

                          Health Care Financing and Policy Administration                         26,926,317     28,739,039

                          Nevada Check-Up Program...           2,267,863               476,192

                   Aging and Disability Services Division:

                          Federal Programs and Administration                           4,142,800 4,210,179

                          Home and Community-Based Services                     20,903,504 21,152,946

                          Early Intervention Services.....        29,326,952         30,127,302

                          Desert Regional Center............        54,402,525         59,333,462

                          Sierra Regional Center.............        19,864,790         21,884,197

                          Rural Regional Center.............           9,131,201         10,221,338

                          Family Preservation Program.           1,636,416            1,730,664

                   Division of Child and Family Services:

                          Community Juvenile Justice Programs                         2,520,114 2,420,044

                          UNITY/SACWIS......................           3,254,204            3,266,589

                          Children, Youth and Family Administration                5,484,514 5,601,438

                          Nevada Youth Training Center                                      7,643,204 7,649,575

                          Caliente Youth Center.............           8,503,820            8,490,521

                          Rural Child Welfare.................           6,680,123            7,071,517

                          Youth Alternative Placement.           2,184,481            2,184,481

                          Youth Parole Services..............           2,859,813            2,861,220

                          Northern Nevada Child and Adolescent Services                           3,365,948 3,584,157

                          Clark County Child Welfare...        48,382,529         50,872,359

                          Washoe County Child Welfare                                    16,089,976 16,912,711

                          Southern Nevada Child and Adolescent Services                           10,255,508     10,370,379

                          Juvenile Correctional Facility.           7,186,249            7,391,973

             Division of Public and Behavioral Health:

                   Public Health:

                          Office of Health Administration                                    3,943,712 3,994,400

                          Maternal Child Health Services                                      1,193,271 1,203,716

 


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ê2015 Statutes of Nevada, Page 3674 (Chapter 534, SB 514)ê

 

                                                                                        2015-2016          2016-2017

                          Community Health Services..        $1,183,449         $1,189,726

                          Communicable Diseases.........              164,468               165,033

                          Emergency Medical Services..              697,547               706,440

                          Immunization Program...........              669,114               576,096

                          Biostatistics and Epidemiology                                          324,698 361,066

                   Behavioral Health:

                          Behavioral Health Administration                                 2,895,759 2,849,654

                          Southern Nevada Adult Mental Health Services                            69,106,278     72,131,465

                          Northern Nevada Adult Mental Health Services                            23,339,951     23,364,301

                          Facility for the Mental Offender                                    9,503,676 9,484,057

                          Rural Clinics..............................           8,606,006            8,950,326

                          Behavioral Health Prevention and Treatment            6,507,758 6,521,470

                   Division of Welfare and Supportive Services:

                          Welfare Administration...........        12,625,097         12,536,394

                          Welfare Field Services Account                                    34,271,984 35,496,923

                          Assistance to Aged and Blind.           9,532,136            9,988,730

                          Temporary Assistance for Needy Families                24,607,702 24,607,702

                          Child Assistance and Development                               2,580,421 2,580,421

                          Child Support Enforcement....                      -----               100,000

      Sec. 21.  Office of the Military.

             For the support of the:

                   Office of the Military.........................    $3,598,159         $3,694,250

                   National Guard Benefits....................            57,824                 57,824

                   Patriot Relief Fund..............................            88,743               124,062

      Sec. 22.  Department of Veterans Services.

             For the support of the Commissioner for Veterans Affairs                        $1,732,865     $1,831,555

      Sec. 23.  Department of Corrections.

             For the support of the:

                   Office of the Director......................... $20,134,904       $20,246,831

                   Medical Care.......................................    41,262,937         41,913,110

                   Correctional Programs.......................       7,639,699            7,918,721

                   Southern Nevada Correctional Center                                    251,978 252,511

                   Southern Desert Correctional Center                                 22,958,254 23,539,664

 


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                                                                                        2015-2016          2016-2017

                   Nevada State Prison...........................          $95,311               $95,578

                   Northern Nevada Correctional Center                              26,867,728 27,582,058

                   Warm Springs Correctional Center..    10,556,181         10,738,010

                   Ely State Prison...................................    25,999,994         26,426,107

                   Lovelock Correctional Center..........    23,447,418         23,919,964

                   Florence McClure Women’s Correctional Center           14,312,443 13,066,474

                   Stewart Conservation Camp............       1,657,644            1,652,074

                   Ely Conservation Camp....................       1,311,775            1,272,665

                   Humboldt Conservation Camp.......       1,274,897            1,265,488

                   Three Lakes Valley Conservation Camp                            2,422,586 2,494,133

                   Jean Conservation Camp..................       1,513,537            1,549,138

                   Pioche Conservation Camp..............       1,706,316            1,650,631

                   Carlin Conservation Camp...............       1,185,688            1,196,500

                   Wells Conservation Camp................       1,285,267            1,244,793

                   Silver Springs Conservation Camp..               3,873                    3,873

                   Tonopah Conservation Camp.........       1,302,645            1,295,181

                   Northern Nevada Restitution Center                                       667,468 672,309

                   High Desert State Prison....................    47,805,054         48,970,765

                   Casa Grande Transitional Housing.       3,417,751            3,472,634

      Sec. 24.  Department of Business and Industry.

             For the support of the:

                   Business and Industry Administration                                 $111,023 $108,927

                   Office of Business and Planning......                  -----               385,262

                   Division of Financial Institutions.....                  100                       100

                   Real Estate Administration...............          452,231               737,473

                   Office of Labor Commissioner........       1,669,396            1,761,309

      Sec. 25.  State Department of Agriculture.

             For the support of the:

                   Agriculture Administration................          $40,000               $40,000

                   Plant Health and Quarantine Services                                    392,964 393,870

                   Veterinary Medical Services.............          980,699               931,760

                   Predatory Animal and Rodent Control                                   744,300 748,008

                   Nutrition Education Programs..........       1,107,463            1,107,463

      Sec. 26.  State Department of Conservation and Natural Resources.

             For the support of the:

                   Conservation and Natural Resources Administration                          $1,940,297     $1,957,765

                   Division of State Parks.......................       4,776,623            5,345,845

                   Nevada Tahoe Regional Planning Agency                                 1,319 1,319

                   Division of Forestry............................       5,577,079            7,360,871

 


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ê2015 Statutes of Nevada, Page 3676 (Chapter 534, SB 514)ê

 

                                                                                        2015-2016          2016-2017

                   Forest Fire Suppression......................    $6,465,394         $2,500,000

                   Forestry Conservation Camps..........       5,045,670            6,710,925

                   Wildland Fire Protection Program....            50,000                 50,000

                   Division of Water Resources.............       1,902,301            2,700,000

                   Division of State Lands.....................       1,224,415            1,380,838

                   Conservation Districts Program........          536,740               586,621

                   State Historic Preservation Office....          374,915               369,972

                   Comstock Historic District................          194,946               217,958

      Sec. 27.  Tahoe Regional Planning Agency.

             For the support of the Tahoe Regional Planning Agency                           $1,831,166     $1,511,166

      Sec. 28.  Department of Wildlife.

             For the support of the:

                   Law Enforcement...............................          $58,721               $55,565

                   Division of Fisheries Management..          150,918               151,001

                   Game Management...........................            71,404                 68,607

                   Division of Diversity...........................          347,163               346,971

                   Conservation Education....................            96,089                 96,089

      Sec. 29.  Department of Employment, Training and Rehabilitation.

             For the support of the:

                   Nevada Equal Rights Commission..    $1,099,421         $1,181,051

                   Bureau of Vocational Rehabilitation                                  2,611,757 2,683,546

                   Bureau of Services to the Blind and Visually Impaired                       651,057    676,030

                   Nevada P20 Workforce Reporting..       1,148,565            1,126,355

      Sec. 30.  Department of Motor Vehicles.

             For the support of the:

                   Division of Field Services...................          $11,072               $11,214

                   Division of Central Services and Records                                 18,647 18,864

      Sec. 31.  Department of Public Safety.

             For the support of the:

                   Training Division.................................        $314,416             $316,089

                   Justice Grant........................................            61,978                 60,803

                   Nevada Highway Patrol....................            17,834                 17,834

                   Dignitary Protection............................       1,085,551            1,099,127

                   Division of Investigations..................       5,819,252            5,882,293

                   Division of Emergency Management                                     372,611 387,284

                   State Board of Parole Commissioners                                 2,767,985 2,675,984

                   Division of Parole and Probation.....    40,485,727         42,061,064

                   Central Repository for Nevada Records of Criminal History             1,186,856 1,187,191

                   Child Volunteer Background Checks                                        15,087 15,087

 


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ê2015 Statutes of Nevada, Page 3677 (Chapter 534, SB 514)ê

 

                                                                                        2015-2016          2016-2017

                   State Fire Marshal...............................        $512,518             $554,019

                   Office of Homeland Security...........          175,223               175,978

      Sec. 32.  Commission on Ethics.

             For the support of the Commission on Ethics                            $174,489 $173,701

      Sec. 33.  The following sums are hereby appropriated from the State Highway Fund for the purposes expressed in this section for Fiscal Year 2015-2016 and Fiscal Year 2016-2017:

                                                                                        2015-2016          2016-2017

             Department of Administration:

                   Fleet Services Capital Purchase....            $325,072                       -----

                   Special Appropriations...................                      -----            3,900,000

             Department of Motor Vehicles:

                   Office of the Director.....................        $2,778,355         $2,904,564

                   Division of Administrative Services                                     5,011,810 4,706,300

                   Hearings Office...............................           1,224,578            1,226,349

                    Automation......................................           5,534,083            5,387,183

                   Division of Field Services...............        20,253,042         20,096,591

                   Division of Compliance Enforcement                                 4,705,224 4,851,920

                   Division of Central Services and Records                           5,943,478 6,182,737

                   Division of Management Services                                        1,482,380 1,549,310

                   Motor Carrier Division...................           1,810,244            1,913,515

                   System Modernization...................           9,402,722            2,962,305

             Department of Public Safety:

                   Training Division.............................            $759,042             $762,891

                   Nevada Highway Patrol................        65,862,946         68,272,904

                   Highway Safety Plan and Administration                             273,310 274,494

                   Division of Investigations..............              388,219               390,666

                   State Emergency Response Commission                               264,039 276,554

             Department of Business and Industry:

                   Transportation Authority..............        $2,798,079         $2,973,639

             Legislative Fund:

                   Legislative Commission.................                $5,000                 $5,000

      Sec. 34.  1.  Except as otherwise provided in subsection 3, the sums appropriated in this act must be:

      (a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive; and

      (b) Work-programmed for the two separate fiscal years of the 2015-2017 biennium, as required by NRS 353.215. Work programs may be revised with the approval of the Governor upon the recommendation of the Director of the Office of Finance in the Office of the Governor and in accordance with the provisions of the State Budget Act.

      2.  Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.

 


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ê2015 Statutes of Nevada, Page 3678 (Chapter 534, SB 514)ê

 

allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.

      3.  Pursuant to law, sums appropriated for the support of the Supreme Court of Nevada and the Legislative Fund are excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive.

      Sec. 35.  The sums appropriated to:

      1.  Forest Fire Suppression;

      2.  National Guard Benefits;

      3.  Maternal Child Health Services;

      4.  Immunization Program;

      5.  Welfare Administration;

      6.  Welfare Field Services Account;

      7.  Temporary Assistance for Needy Families;

      8.  Assistance to Aged and Blind;

      9.  Child Assistance and Development;

      10.  Nevada Medicaid;

      11.  Health Care Financing and Policy Administration;

      12.  Nevada Check-Up Program;

      13.  Rural Child Welfare;

      14.  Attorney General’s Special Litigation Account;

      15.  Attorney General’s Office of the Extradition Coordinator;

      16.  Commission on Ethics;

      17.  Clark County Child Welfare;

      18.  Washoe County Child Welfare;

      19.  Child Volunteer Background Checks;

      20.  High Level Nuclear Waste;

      21.  Fleet Services Capital Purchase; and

      22.  Department of Motor Vehicle’s System Modernization,

Ê are available for both Fiscal Year 2015-2016 and Fiscal Year 2016-2017, and may be transferred from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 36.  1.  Amounts appropriated pursuant to section 15 of this act to finance specific programs as outlined in this section are available for both Fiscal Year 2015-2016 and Fiscal Year 2016-2017, and may be transferred from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      2.  Of the amounts appropriated to the Department of Education, Assessments and Accountability, pursuant to section 15 of this act:

      (a) A total of $8,467,318 in Fiscal Year 2015-2016 and $8,384,746 in Fiscal Year 2016-2017 for the high school proficiency examination, end-of-course examinations or other statewide assessments in high school required by statute and the criterion-referenced examinations in grades three through eight.

      (b) A total of $475,979 in Fiscal Year 2015-2016 and $348,860 in Fiscal Year 2016-2017 for the state writing proficiency examinations.

      Sec. 37.  The sums appropriated to the Nevada Medicaid and Health Care Financing and Policy Administration and the Desert Regional Center, Rural Regional Center and Sierra Regional Center within the Aging and Disability Services Division of the Department of Health and Human Services by section 20 of this act may be transferred among the accounts for the purpose of implementing a managed care program for the waiver population with the approval of the Interim Finance Committee upon the recommendation of the Governor.

 


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ê2015 Statutes of Nevada, Page 3679 (Chapter 534, SB 514)ê

 

the purpose of implementing a managed care program for the waiver population with the approval of the Interim Finance Committee upon the recommendation of the Governor. Before submitting to the Centers for Medicare and Medicaid Services an amendment to the State Plan for Medicaid established pursuant to NRS 422.271 to implement a program of managed care for the waiver population, the Department of Health and Human Services, on behalf of the Division of Health Care Financing and Policy and the Aging and Disability Services Division, shall submit to the Interim Finance Committee an analysis of the fiscal impact of transitioning to and implementing such a program.

      Sec. 38.  Of the amounts appropriated to the Office of the Secretary of State pursuant to section 5 of this act, $3,907,600 in Fiscal Year 2015-2016 and $7,879,600 in Fiscal Year 2016-2017 to finance the replacement of the existing Electronic Secretary of State (ESOS) software and hardware as an enhancement decision unit within the office budget, are available for both Fiscal Year 2015-2016 and 2016-2017, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to complete the system replacement as approved by the Legislature.

      Sec. 39.  Of the amounts appropriated to the Office of the Secretary of State pursuant to section 5 of this act, $2,120,322 in Fiscal Year 2015-2016 and $2,204,829 in Fiscal Year 2016-2017 to fund credit card processing fees within the office budget, are available for both Fiscal Year 2015-2016 and 2016-2017, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to pay credit card processing fees as approved by the Legislature.

      Sec. 40.  Of the amounts appropriated to the Department of Motor Vehicles pursuant to section 33 of this act, $2,000,000 in Fiscal Year 2015-2016 and $2,000,000 in Fiscal Year 2016-2017 to fund credit card processing fees within the Division of Administrative Services, are available for both Fiscal Year 2015-2016 and Fiscal Year 2016-2017, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to pay credit card processing fees as approved by the Legislature.

      Sec. 41.  Of the amounts appropriated to the State Department of Agriculture pursuant to section 25 of this act, $1,000,000 in Fiscal Year 2015-2016 and $1,000,000 in Fiscal Year 2016-2017 must be used to make allocations, to the extent that money is available, to school districts on behalf of each public school with 70 percent or more of the enrolled pupils eligible for free or reduced-price lunches under the National School Lunch Act, 42 U.S.C. §§ 1751, et seq., participating in the Breakfast After the Bell Program pursuant to Senate Bill No. 503 of this session. A public school that provided breakfast after the bell for the 2014-2015 school year in accordance with the school breakfast program created by 42 U.S.C. § 1773 is not eligible to receive such an allocation from the appropriation.

      Sec. 42.  The sums appropriated to the Division of Public and Behavioral Health of the Department of Health and Human Services for Southern Nevada Adult Mental Health Services, Northern Nevada Adult Mental Health Services and the Facility for the Mental Offender pursuant to section 20 of this act may be transferred among the budget accounts with the approval of the Interim Finance Committee upon the recommendation of the Governor.

 


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ê2015 Statutes of Nevada, Page 3680 (Chapter 534, SB 514)ê

 

section 20 of this act may be transferred among the budget accounts with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 43.  Of the amounts appropriated to the Department of Administration pursuant to section 8 of this act to Special Appropriations, a total of $1,000,000 in Fiscal Year 2015-2016 to finance a business process consultant to review the state’s business processes is available for both Fiscal Year 2015-2016 and Fiscal Year 2016-2017, and may be transferred from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 44.  1.  Notwithstanding the provisions of section 61 of chapter 446, Statutes of Nevada 2013, at page 2608, any portion of the appropriation made to the Division of Child and Family Services of the Department of Health and Human Services for the 2013-2015 biennium to Category 12 (Summit View Readiness) of Budget Account 101-3148 that is remaining in that Category at the end of Fiscal Year 2014-2015 does not revert to the State General Fund, must be carried forward to Fiscal Year 2015-2016 and is hereby authorized for use in Fiscal Year 2015-2016 to cover the expenses related to the reopening of Summit View Youth Correctional Center. Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program to carry forward money pursuant to this section.

      2.  Any remaining balance of the money described in subsection 1 must not be committed for expenditure after June 30, 2016, 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.

      Sec. 45.  Of the amounts appropriated by sections 2 to 33, inclusive, of this act, the amounts appropriated in both Fiscal Year 2015-2016 and Fiscal Year 2016-2017 to finance deferred maintenance projects approved as maintenance decision units within agency budgets are available for both Fiscal Year 2015-2016 and Fiscal Year 2016-2017 and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to complete the deferred maintenance as approved by the Legislature.

      Sec. 46.  Any money remaining in the Catalyst Account created by NRS 231.1573 and the Knowledge Account created by NRS 231.1592 at the end of Fiscal Year 2014-2015 and any remaining portion of any appropriations made to the Catalyst Account or the Knowledge Account for the 2013-2015 biennium do not revert to the State General Fund. The balance in those Accounts and any portion of appropriations remaining at the end of Fiscal Year 2014-2015 must be carried forward to Fiscal Year 2015-2016. Any balance in those Accounts and any portion of appropriations made to those Accounts remaining at the end of Fiscal Year 2015-2016 and Fiscal Year 2016-2017, respectively, must be carried forward.

      Sec. 47.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $692,000 for allocation to the Office of Economic Development for the Unmanned Aerial Vehicle (UAV) program for Fiscal Year 2016-2017. Money appropriated pursuant to this section can only be allocated by the Interim Finance Committee upon submittal by the Office of Economic Development of an analysis demonstrating the need for the funds in Fiscal Year 2016-2017 and a plan for the utilization of the funding.

 


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ê2015 Statutes of Nevada, Page 3681 (Chapter 534, SB 514)ê

 

submittal by the Office of Economic Development of an analysis demonstrating the need for the funds in Fiscal Year 2016-2017 and a plan for the utilization of the funding.

      2.  Any remaining balance of the appropriation made by subsection 1 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. 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 State General Fund on or before September 15, 2017.

      Sec. 48.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $500,000 for allocation to the Governor’s Office of Economic Development for the Train Employees Now Program for Fiscal Year 2016-2017. Money appropriated pursuant to this section can only be allocated by the Interim Finance Committee upon submittal by the Governor’s Office of Economic Development of an analysis demonstrating the need for the funding.

      2.  Any remaining balance of the appropriation made by subsection 1 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. 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 State General Fund on or before September 15, 2017.

      Sec. 49.  1.  The sums appropriated to the Legislative Fund by section 10 of this act for the support of the Legislative Commission, the divisions of the Legislative Counsel Bureau and Interim Legislative Operations are available for both Fiscal Year 2015-2016 and Fiscal Year 2016-2017, and may be transferred among the Legislative Commission, the divisions of the Legislative Counsel Bureau and Interim Legislative Operations and from one fiscal year to the other with the approval of the Legislative Commission upon the recommendation of the Director of the Legislative Counsel Bureau.

      2.  The sums appropriated for the support of salaries and payroll costs must be applied pursuant to the budget approved by the Legislature notwithstanding the provisions of NRS 281.123.

      Sec. 50.  1.  There is hereby appropriated from the State General Fund to the Fund for Aviation, created by NRS 494.048, the sums of $100,000 in Fiscal Year 2015-2016 and $100,000 in Fiscal Year 2016-2017 for enlargement, improvement or maintenance of rural airports, landing areas or air navigation facilities in Nevada.

      2.  The money appropriated by subsection 1 must be used by rural airports to match money that is available from the Federal Aviation Administration.

      Sec. 51.  1.  The amounts appropriated to the Special Appropriations budget from the State General Fund in section 8 of this act and from the State Highway Fund in section 33 of this act for replacing the state microwave communications system are a loan to the Division of Enterprise Information Technology Services of the Department of Administration.

 


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ê2015 Statutes of Nevada, Page 3682 (Chapter 534, SB 514)ê

 

      2.  Commencing on July 1, 2017, the Division of Enterprise Information Technology Services of the Department of Administration shall use intergovernmental transfers to repay in annual installments to the State Treasurer for deposit to the State General Fund the State General Fund portion of the cost of replacing the state microwave communications system appropriated to the Special Appropriations budget of the Department of Administration in section 8 of this act. Each annual installment for Fiscal Years 2017-2018 through 2020-2021, inclusive, shall be 2.7571 percent of the State General Fund portion of the cost of replacing the system. Commencing on July 1, 2021, each annual installment shall be 12.7102 percent of the State General Fund portion of the cost of replacing the system until the loan is fully repaid not later than Fiscal Year 2027-2028.

      3.  Commencing on July 1, 2017, the Division of Enterprise Information Technology Services of the Department of Administration shall use intergovernmental transfers to repay in annual installments to the State Treasurer for deposit to the State Highway Fund the State Highway Fund portion of cost of replacing the state microwave communications system appropriated to the Special Appropriations budget of the Department of Administration in section 33 of this act. Each annual installment for Fiscal Years 2017-2018 through 2020-2021, inclusive, shall be 2.7571 percent of the State Highway Fund portion of the cost of replacing the system. Commencing on July 1, 2021, each annual installment shall be 12.7102 percent of the State Highway Fund portion of the cost of replacing the system until the loan is fully repaid not later than Fiscal Year 2027-2028.

      Sec. 52.  Except as otherwise provided in this section, the total amounts appropriated by sections 20 and 61 of this act to each of the accounts of the Division of Health Care Financing and Policy and the Division of Welfare and Supportive Services of the Department of Health and Human Services enumerated in section 35 of this act, except for the amounts appropriated for the Health Care Financing and Policy Administration, Assistance to the Aged and Blind, Welfare Administration and the Welfare Field Services Account, are limits. The Divisions shall not request additional money for these programs, except for:

      1.  Increased state costs in Fiscal Year 2016-2017 in the event that federal financial participation rates are less than legislatively approved amounts effective on October 1, 2016;

      2.  Costs related to additional services mandated by the Federal Government on or after October 1, 2015, and not specifically funded in the Nevada Medicaid account in Fiscal Year 2015-2016 and Fiscal Year 2016-2017;

      3.  Increased state costs in Fiscal Year 2015-2016 and Fiscal Year 2016-2017 in the event that costs related to providing federally mandated behavior intervention services to children with autism spectrum disorder are higher than legislatively approved amounts in Fiscal Year 2015-2016 and Fiscal Year 2016-2017;

      4.  Costs related to the Medicaid county match and waiver populations that exceed the 8 cent county reimbursement cap established pursuant to NRS 428.285; and

      5.  Increased state costs in Fiscal Year 2015-2016 and Fiscal Year 2016-2017 in the event that the annual allocation of federal Temporary Assistance for Needy Families (TANF) block grant funds is lower than the amounts approved by the Legislature for either fiscal year.

 


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ê2015 Statutes of Nevada, Page 3683 (Chapter 534, SB 514)ê

 

      Sec. 53.  Except as otherwise provided in this section, the amounts appropriated to the Division of Child and Family Services of the Department of Health and Human Services, Clark County Child Welfare and Washoe County Child Welfare accounts by section 20 of this act for the purpose of providing block grant allocations to agencies which provide child welfare services in a county whose population is 100,000 or more, are limits. The Division shall not request additional sums for these programs except the Division may request additional sums for the adoption assistance programs established in NRS 432B.219.

      Sec. 54.  The sums appropriated to the Division of Welfare and Supportive Services of the Department of Health and Human Services by section 20 of this act may be transferred among the various budget accounts of the Division of Welfare and Supportive Services with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 55.  The sums appropriated to Nevada Medicaid and the Nevada Check-Up Program by section 20 of this act may be transferred between each budget with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 56.  The sums appropriated to the Division of Child and Family Services of the Department of Health and Human Services for the Juvenile Correctional Facility, Caliente Youth Center and the Nevada Youth Training Center pursuant to section 20 of this act may be transferred between each budget account with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 57.  1.  The Department of Health and Human Services may, with the approval of the Interim Finance Committee upon the recommendation of the Governor, transfer from the various divisions of the Department to an account which is hereby created within the State General Fund any excess money available to the divisions as a result of savings from not providing health and related services, including, without limitation, savings recognized by using a different source of funding to pay the providers of services if the persons previously served by a division no longer require the provision of services from the division of the Department.

      2.  Any money transferred to the account created by subsection 1, to the extent approved by the Centers for Medicare and Medicaid Services and authorized by the State Plan for Medicaid, must:

      (a) Be used to pay administrative and related costs and the State’s share of the cost for the expansion of the upper payment limit program as provided in this section.

      (b) After being used to satisfy the requirements of paragraph (a), be reserved for reversion to the State General Fund and must be reverted to that Fund at the end of each fiscal year of the 2015-2017 biennium.

      Sec. 58.  The sums appropriated to the Aging and Disability Services Division of the Department of Health and Human Services for the Desert Regional Center, Sierra Regional Center and Rural Regional Center pursuant to section 20 of this act may be transferred between each budget account for Residential Support, Family Support/Respite and Jobs and Day Training services with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 59.  1.  There is hereby appropriated from the State General Fund the sum of $2,205,506 in Fiscal Year 2016-2017 to the Interim Finance Committee for allocation to the Home and Community Based Services account within the Department of Health and Human Services for the costs of services provided by the Autism Treatment Assistance Program within the Aging and Disability Services Division.

 


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ê2015 Statutes of Nevada, Page 3684 (Chapter 534, SB 514)ê

 

account within the Department of Health and Human Services for the costs of services provided by the Autism Treatment Assistance Program within the Aging and Disability Services Division.

      2.  Money appropriated pursuant to subsection 1 may be allocated to the Department of Health and Human Services, Aging and Disability Services Division, Home and Community Based Services account, Autism Treatment Assistance Program, with the approval of the Interim Finance Committee upon the recommendation of the Governor, upon submittal of documentation indicating sufficient numbers of providers are available to provide treatment to additional children diagnosed with Autism Spectrum Disorder in Fiscal Year 2016-2017.

      3.  Any remaining balance of the appropriation made by subsection 1 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 State General Fund on or before September 15, 2017.

      Sec. 60.  1.  There is hereby appropriated from the State General Fund the sum of $5,000,000 in Fiscal Year 2015-2016 to the Interim Finance Committee for allocation to the Aging and Disability Services Division of the Department of Health and Human Services for implementing a senior citizen’s property tax assistance rebate program.

      2.  The money appropriated by subsection 1 may be allocated to the Aging and Disability Services Division with the approval of the Interim Finance Committee upon:

      (a) Recommendation by the Governor upon submittal to the Interim Finance Committee of a plan which provides for property tax rebates, including the criteria upon which eligibility is based; and

      (b) A determination by the Interim Finance Committee that the plan and allocation are in the public interest.

      3.  Any remaining balance of the appropriation made by subsection 1 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. 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 State General Fund on or before September 15, 2017.

      Sec. 61.  1.  There is hereby appropriated from the State General Fund the sum of $4,600,000 in Fiscal Year 2015-2016 to Nevada Medicaid within the Division of Health Care Financing and Policy of the Department of Health and Human Services for costs related to increasing the reimbursement rate for acute inpatient hospital services to a total of 5 percent effective July 1, 2015, from the reimbursement rate paid by the Division for such services in Fiscal Year 2014-2015.

      2.  There is hereby appropriated from the State General Fund the sum of $1,000 in Fiscal Year 2015-2016 to the Nevada Check-Up Program of the Division of Health Care Financing and Policy of the Department of Health and Human Services for costs related to increasing the reimbursement rate for acute inpatient hospital services to a total of 5 percent effective July 1, 2015, from the reimbursement rate paid by the Division for such services in Fiscal Year 2014-2015.

 


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ê2015 Statutes of Nevada, Page 3685 (Chapter 534, SB 514)ê

 

and Human Services for costs related to increasing the reimbursement rate for acute inpatient hospital services to a total of 5 percent effective July 1, 2015, from the reimbursement rate paid by the Division for such services in Fiscal Year 2014-2015.

      Sec. 62.  1.  There is hereby appropriated from the State General Fund the sum of $5,432,794 in Fiscal Year 2015-2016 to the Department of Taxation to fund additional staffing, programming and operating costs the Department may need to implement legislation that may be approved by the 78th Session of the Nevada Legislature.

      2.  Any remaining balance of the appropriation made by subsection 1 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 State General Fund on or before September 15, 2017.

      Sec. 63.  1.  There is hereby appropriated from the State General Fund the sum of $3,062,977 in Fiscal Year 2016-2017 to the Interim Finance Committee for allocation to the Department of Corrections to fund the salaries, benefits and related operating expenditures associated with adding 55 protective services positions within the Department.

      2.  Money appropriated pursuant to subsection 1 may be allocated to the Department of Corrections, with the approval of the Interim Finance Committee upon the recommendation of the Governor, upon submittal of documentation supporting the need for the additional positions prior to the beginning of Fiscal Year 2016-2017.

      3.  Any remaining balance of the appropriation made by subsection 1 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 State General Fund on or before September 15, 2017.

      Sec. 64.  1.  Except as otherwise provided in subsection 2, the sums appropriated to the Department of Corrections by section 23 of this act may be transferred among the various budget accounts of the Department of Corrections in the same manner and within the same limits as allowed for revisions of work programs in NRS 353.220.

      2.  Appropriations for deferred maintenance projects pursuant to section 45 of this act are excluded from the provisions of this section.

      Sec. 65.  The sums appropriated to any division, agency or section of any department of State Government for the support of salaries and payroll costs may be transferred to any other division, bureau, agency or section of the same department for the support of salaries and payroll costs with the approval of the Interim Finance Committee upon the recommendation of the Governor. The amount transferred into a budget account is limited to the amount budgeted for vacancy savings. Such transfers are also limited only to those activities which are supported by appropriations to the State General Fund or the State Highway Fund.

 


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ê2015 Statutes of Nevada, Page 3686 (Chapter 534, SB 514)ê

 

only to those activities which are supported by appropriations to the State General Fund or the State Highway Fund.

      Sec. 66.  The sums appropriated to the Western Interstate Commission for Higher Education by section 19 of this act may be transferred between each budget of the Western Interstate Commission for Higher Education with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 67.  The sums appropriated to the Nevada System of Higher Education by section 17 of this act may be transferred among the various budgets of the Nevada System of Higher Education with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 68.  In addition to the requirements of NRS 353.225, for Fiscal Year 2015-2016 and Fiscal Year 2016-2017, the Board of Regents of the University of Nevada shall comply with any request by the Governor to set aside money from the appropriations made by this act in any specified amount.

      Sec. 69.  1.  Of the sums appropriated by section 17 of this act, any amounts used to match documented research grants in the Nevada System of Higher Education which are not committed for expenditure by June 30 of each fiscal year of the 2015-2017 biennium may be carried forward for a maximum of two fiscal years after which time any unexpended amounts revert to the State General Fund.

      2.  All money appropriated by section 17 of this act, other than the sums designated in subsection 1 to match documented research grants, is subject to the provisions of section 75 of this act.

      Sec. 70.  1.  The sums appropriated to the Performance Funding Pool account by section 17 of this act for Fiscal Year 2015-2016 may be carried forward to Fiscal Year 2016-2017 for transfer to the respective formula-funded budget accounts in Fiscal Year 2016-2017 with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      2.  The sums appropriated to the Performance Funding Pool account by section 17 of this act for Fiscal Year 2016-2017 may be transferred to the respective formula-funded budget accounts of the Nevada System of Higher Education in Fiscal Year 2016-2017 with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      3.  Any balance of money appropriated for Fiscal Year 2016-2017 but not transferred from the Performance Funding Pool account in Fiscal Year 2016-2017 pursuant to subsection 2 may be carried forward to Fiscal Year 2017-2018 for transfer to the respective formula-funded budget accounts in Fiscal Year 2017-2018 with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      4.  Any remaining balance of money appropriated for Fiscal Year 2015-2016 but not transferred from the Performance Funding Pool account in Fiscal Year 2015-2016 or Fiscal Year 2016-2017 may be carried forward to Fiscal Year 2017-2018 for transfer to the State-Funded Perkins Loan account in section 17 of this act in Fiscal Year 2017-2018 to be used for system-wide, need-based student financial aid with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      5.  Any remaining balance of money appropriated for Fiscal Year 2016-2017 but not transferred from the Performance Funding Pool account in Fiscal Year 2016-2017 or Fiscal Year 2017-2018 may be carried forward to Fiscal Year 2018-2019 for transfer to the State-Funded Perkins Loan account in section 17 of this act in Fiscal Year 2018-2019 to be used for system-wide, need-based student financial aid with the approval of the Interim Finance Committee upon the recommendation of the Governor.

 


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ê2015 Statutes of Nevada, Page 3687 (Chapter 534, SB 514)ê

 

in section 17 of this act in Fiscal Year 2018-2019 to be used for system-wide, need-based student financial aid with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 71.  1.  There is hereby appropriated from the State General Fund the sum of $5,897,569 in Fiscal Year 2015-2016 and $12,467,702 in Fiscal Year 2016-17 to the Interim Finance Committee for allocation to the Nevada System of Higher Education, for start-up costs related to the development of an allopathic medical school at the University of Nevada, Las Vegas. The money appropriated by this subsection may be allocated to the Nevada System of Higher Education with the approval of the Interim Finance Committee upon:

      (a) Recommendation of the Governor upon submittal to the Interim Finance Committee of a detailed expenditure plan for the operation and implementation of the new medical school, including a timeline identifying milestones to be achieved through the expenditure of the funding; and

      (b) A determination by the Interim Finance Committee that the plan and allocation are in the public interest.

      2.  There is hereby appropriated from the State General Fund the sum of $1,848,656 in Fiscal Year 2015-2016 and $1,999,568 in Fiscal Year 2016-2017 to the Interim Finance Committee for allocation to the Nevada System of Higher Education, University of Nevada School of Medicine to expand public undergraduate and graduate medical education. The money appropriated by this subsection may be allocated to the Nevada System of Higher Education with the approval of the Interim Finance Committee upon:

      (a) Recommendation of the Governor upon submittal to the Interim Finance Committee of a detailed plan for expenditure of the funding; and

      (b) A determination by the Interim Finance Committee that the plan and allocation are in the public interest.

      3.  There is hereby appropriated from the State General Fund the sum of $1,500,000 in Fiscal Year 2015-2016 and $1,500,000 in Fiscal Year 2016-2017 to the Nevada System of Higher Education, Great Basin College to mitigate the reduction in General Fund appropriations and expenditures that would otherwise be experienced in adjusting to the level of state support provided by the Nevada System of Higher Education funding formula.

      4.  There is hereby appropriated from the State General Fund the sum of $1,100,000 in Fiscal Year 2015-2016 and $850,000 in Fiscal Year 2016-2017 to the Nevada System of Higher Education, Western Nevada College to mitigate the reduction in General Fund appropriations and expenditures that would otherwise be experienced in adjusting to the level of state support provided by the Nevada System of Higher Education funding formula.

      5.  There is hereby appropriated from the State General Fund the sum of $477,312 in Fiscal Year 2015-2016 and $477,312 in Fiscal Year 2016-2017 to the Nevada System of Higher Education, Desert Research Institute to mitigate the reduction in General Fund appropriations and expenditures that would otherwise be experienced in adjusting to the level of state support provided by the Desert Research Institute funding formula.

      6.  There is hereby appropriated from the State General Fund the sum of $500,000 in Fiscal Year 2015-2016 and $500,000 in Fiscal Year 2016-2017 to the Nevada System of Higher Education, University of Nevada, Las Vegas – Statewide Programs to fund personnel and operating expenditures to establish the International Center for Excellence in Gaming Regulation.

 


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ê2015 Statutes of Nevada, Page 3688 (Chapter 534, SB 514)ê

 

      7.  Any remaining balances of the appropriations made in subsections 1 to 6, inclusive, for Fiscal Year 2015-2016 and Fiscal Year 2016-2017 must not be committed for expenditure after June 30 of each fiscal year 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 cannot be spent for any purpose after September 16, 2016, and September 15, 2017, for each fiscal year, 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 revert to the State General Fund on or before September 16, 2016, and September 15, 2017, respectively.

      Sec. 72.  1.  There is hereby appropriated from the State General Fund the sum of $2,500,000 in Fiscal Year 2015-2016 and $2,500,000 in Fiscal Year 2016-2017 to the Nevada System of Higher Education, Silver State Opportunity Grant Program, to fund grants to pay a portion of the cost of education for eligible students enrolled in a state or community college within the Nevada System of Higher Education.

      2.  Any remaining balances of the appropriations made by subsection 1 for Fiscal Year 2015-2016 and Fiscal Year 2016-2017 must not be committed for expenditure after June 30 of each fiscal year 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 cannot be spent for any purpose after September 16, 2016, and September 15, 2017, for each fiscal year, 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 revert to the State General Fund on or before September 16, 2016, and September 15, 2017, respectively.

      Sec. 73.  It is the intent of the Legislature that the amounts appropriated in sections 17, 71 and 72 of this act for the Nevada System of Higher Education shall not be allocated by the Nevada System of Higher Education to support expenditures related to professional merit salary increases.

      Sec. 74.  There is hereby appropriated from the State General Fund the sum of $134,707 to the Public Employees’ Retirement Board to be expended for the administration of the Legislators’ Retirement System in Fiscal Year 2015-2016 and Fiscal Year 2016-2017.

      Sec. 75.  1.  Except as otherwise provided in sections 46, 50, 69, 70 and 74 of this act, any balances of the appropriations made in this act for Fiscal Year 2015-2016 and Fiscal Year 2016-2017 must not be committed for expenditure after June 30 of each fiscal year 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 cannot be spent for any purpose after September 16, 2016, and September 15, 2017, for each fiscal year respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred and, except as otherwise provided in subsection 2, must revert to the fund from which appropriated on or before September 16, 2016, and September 15, 2017, of each fiscal year, respectively.

      2.  Any balance of the appropriations made to the Legislative Fund by section 10 of this act does not revert to the State General Fund but constitutes a balance carried forward.

 


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ê2015 Statutes of Nevada, Page 3689 (Chapter 534, SB 514)ê

 

      Sec. 76.  The State Controller shall provide for the payment of claims legally obligated in each fiscal year of the 2015-2017 biennium on behalf of state agencies until the last business day of the August immediately following the end of each fiscal year. The State Controller shall process any transactions requested by the Director of the Office of Finance in the Office of the Governor from the prior fiscal period until the third Friday in September immediately following the end of the fiscal year.

      Sec. 77.  The State Controller shall transfer among the appropriate accounts and funds the amounts necessary to carry out the budget approved by the Legislature, and the amounts so transferred shall be deemed appropriated.

      Sec. 78.  The State Controller shall pay the annual salaries of Supreme Court Justices, Court of Appeals Judges, District Court Judges, the Governor, the Lieutenant Governor, the Secretary of State, the State Treasurer, the State Controller and the Attorney General in biweekly installments for each day worked up to and including the date of payment. The payment of a portion of the annual salaries of these officers at the end of a calendar year for the purpose of reconciling the amount of the salary paid during that calendar year with the amount of the salary set forth in statute for that office must not be made if it will result in the issuance of a separate check.

      Sec. 79.  1.  If the Director of the State Department of Conservation and Natural Resources determines that, because of delays in the receipt of revenue for services billed to the Federal Government, local governments and other state governments, the amount of current claims for expenses incurred in the suppression of fire or response to emergencies exceeds the amount of money available to pay such claims within 30 days, he or she may request from the Director of the Office of Finance in the Office of the Governor a temporary advance from the State General Fund to pay authorized expenses.

      2.  The Director of the Office of Finance shall provide written notification to the State Controller and to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau if he or she approves a request made pursuant to subsection 1. The State Controller shall draw his or her warrant upon receipt of such a notification.

      3.  An advance from the State General Fund:

      (a) May be approved by the Director of the Office of Finance only for expenses incurred in the suppression of fires or response to emergencies charged to the budget account for forest fire suppression of the Division of Forestry of the State Department of Conservation and Natural Resources. Before approving the advance, the Director shall verify that billings for reimbursement have been sent to the agencies of the Federal Government, local governments or other state governments responsible for reimbursing the Division of Forestry for costs incurred in fire suppression or emergency response activities.

      (b) Is limited to the total due from outstanding billings for reimbursable expenses incurred in the suppression of fires or response to emergencies as approved for payment to the State by agencies of the Federal Government, local governments and other state governments.

      4.  Any money which is temporarily advanced from the State General Fund to the budget account for forest fire suppression pursuant to this section must be repaid on or before the last business day in August immediately following the end of the fiscal year.

 


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ê2015 Statutes of Nevada, Page 3690 (Chapter 534, SB 514)ê

 

this section must be repaid on or before the last business day in August immediately following the end of the fiscal year.

      Sec. 80.  1.  If the Governor orders the Nevada National Guard into active duty as described in NRS 412.122 for an emergency as defined in subsection 1 of NRS 353.263 and the Adjutant General of the Nevada National Guard determines expenditures will be required, the Adjutant General may request from the Director of the Office of Finance in the Office of the Governor a temporary advance from the State General Fund for the payment of authorized expenses.

      2.  The Director of the Office of Finance shall provide written notification to the State Controller and to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of a request made pursuant to subsection 1. The State Controller shall draw his or her warrant upon receipt of the approval by the Director of the Office of Finance.

      3.  An advance from the State General Fund:

      (a) Must be approved by the Director of the Office of Finance for expenses incurred as a result of activation of the Nevada National Guard.

      (b) Is limited to $25,000 per activation as described in subsection 1.

      4.  Any money which is temporarily advanced from the State General Fund to an account pursuant to subsection 3 must be repaid as soon as possible, and must come from the Emergency Account established by NRS 353.263.

      Sec. 81.  1.  If projections of the ending balance of the State General Fund fall below the amount estimated by the 78th Session of the Nevada Legislature for Fiscal Year 2015-2016 or Fiscal Year 2016-2017, the Director of the Office of Finance in the Office of the Governor shall report this information to the State Board of Examiners.

      2.  If the State Board of Examiners determines that the ending balance of the State General Fund is projected to be less than $100,000,000 for Fiscal Year 2015-2016 or Fiscal Year 2016-2017, the Governor, pursuant to NRS 353.225, may direct the Director of the Office of Finance to require the State Controller or the head of each department, institution or agency to set aside a reserve of not more than 15 percent of the total amount of operating expenses or other appropriations and money otherwise available to the department, institution or agency.

      3.  A reserve must not be set aside pursuant to this section unless:

      (a) The Governor, on behalf of the State Board of Examiners, submits a report to the Legislature or, if the Legislature is not in session, to the Interim Finance Committee, stating the reasons why a reserve is needed and indicating each department, institution or agency that will be required to set aside a reserve; and

      (b) The Legislature or Interim Finance Committee approves the setting aside of the reserve.

      Sec. 82.  If the State of Nevada is required to make payment to the United States Treasury under the provisions of Public Law 101-453, the Cash Management Improvement Act of 1990, the State Controller, upon approval of the State Board of Examiners, may make such payments from the interest earnings of the State General Fund or interest earnings in other funds when interest on federal money has been deposited in those funds.

      Sec. 83.  1.  There is hereby appropriated from the State Highway Fund the sum of $11,238,790 in Fiscal Year 2015-2016 and $14,087,500 in Fiscal Year 2016-2017 to the Interim Finance Committee for allocation to the System Modernization account within the Department of Motor Vehicles for the costs of software implementation for the system modernization project.

 


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ê2015 Statutes of Nevada, Page 3691 (Chapter 534, SB 514)ê

 

Fiscal Year 2016-2017 to the Interim Finance Committee for allocation to the System Modernization account within the Department of Motor Vehicles for the costs of software implementation for the system modernization project.

      2.  Money appropriated pursuant to subsection 1 may be allocated to the Department of Motor Vehicles with the approval of the Interim Finance Committee upon the recommendation of the Governor, upon submittal of a vendor cost proposal for the software implementation, updated cost estimates for the entire project, and information on the actual equipment and software costs incurred to date for the project from the sums appropriated to the System Modernization account within the Department of Motor Vehicles pursuant to section 33 of this act.

      3.  Any remaining balance of the appropriation made by subsection 1 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 State Highway Fund on or before September 15, 2017.

      Sec. 84. NRS 353.288 is hereby amended to read as follows:

      353.288  1.  The Account to Stabilize the Operation of the State Government is hereby created in the State General Fund. Except as otherwise provided in subsections 3 and 4, each year after the close of the previous fiscal year and before the issuance of the State Controller’s annual report, the State Controller shall transfer from the State General Fund to the Account to Stabilize the Operation of the State Government:

      (a) Forty percent of the unrestricted balance of the State General Fund, as of the close of the previous fiscal year, which remains after subtracting an amount equal to 7 percent of all appropriations made from the State General Fund during that previous fiscal year for the operation of all departments, institutions and agencies of State Government and for the funding of schools; and

      (b) Commencing with the fiscal year that begins on July 1, [2015,] 2017, 1 percent of the total anticipated revenue for the fiscal year in which the transfer will be made, as projected by the Economic Forum for that fiscal year pursuant to paragraph (e) of subsection 1 of NRS 353.228 and as adjusted by any legislation enacted by the Legislature that affects state revenue for that fiscal year.

      2.  Money transferred pursuant to subsection 1 to the Account to Stabilize the Operation of the State Government is a continuing appropriation solely for the purpose of authorizing the expenditure of the transferred money for the purposes set forth in this section.

      3.  The balance in the Account to Stabilize the Operation of the State Government must not exceed 20 percent of the total of all appropriations from the State General Fund for the operation of all departments, institutions and agencies of the State Government and for the funding of schools and authorized expenditures from the State General Fund for the regulation of gaming for the fiscal year in which that revenue will be transferred to the Account to Stabilize the Operation of the State Government.

 


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ê2015 Statutes of Nevada, Page 3692 (Chapter 534, SB 514)ê

 

      4.  Except as otherwise provided in this subsection and NRS 353.2735, beginning with the fiscal year that begins on July 1, 2003, the State Controller shall, at the end of each quarter of a fiscal year, transfer from the State General Fund to the Disaster Relief Account created pursuant to NRS 353.2735 an amount equal to not more than 10 percent of the aggregate balance in the Account to Stabilize the Operation of the State Government during the previous quarter. The State Controller shall not transfer more than $500,000 for any quarter pursuant to this subsection.

      5.  The [Chief of the Budget Division of the Department of Administration] Director of the Office of Finance in the Office of the Governor may submit a request to the State Board of Examiners to transfer money from the Account to Stabilize the Operation of the State Government to the State General Fund:

      (a) If the total actual revenue of the State falls short by 5 percent or more of the total anticipated revenue for the biennium in which the transfer will be made, as determined by the Legislature, or the Interim Finance Committee if the Legislature is not in session; or

      (b) If the Legislature, or the Interim Finance Committee if the Legislature is not in session, and the Governor declare that a fiscal emergency exists.

      6.  The State Board of Examiners shall consider a request made pursuant to subsection 5 and shall, if it finds that a transfer should be made, recommend the amount of the transfer to the Interim Finance Committee for its independent evaluation and action. The Interim Finance Committee is not bound to follow the recommendation of the State Board of Examiners.

      7.  If the Interim Finance Committee finds that a transfer recommended by the State Board of Examiners should and may lawfully be made, the Committee shall by resolution establish the amount and direct the State Controller to transfer that amount to the State General Fund. The State Controller shall thereupon make the transfer.

      8.  In addition to the manner of allocation authorized pursuant to subsections 5, 6 and 7, the money in the Account to Stabilize the Operation of the State Government may be allocated directly by the Legislature to be used for any other purpose.

      Sec. 85. Section 3 of chapter 524, Statutes of Nevada 2013, at page 3432, is hereby amended to read as follows:

       Sec. 3.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, [2015,] 2016, by the Desert Regional Center within the Aging and Disability Services Division of the Department of Health and Human Services 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 [18, 2015,] 16, 2016, by either the Desert Regional Center 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 [18, 2015.] 16, 2016.

      Sec. 86. Section 9 of chapter 433, Statutes of Nevada 1997, at page 1532, is hereby repealed.

      Sec. 87.  If Assembly Bill No. 469 of this session does not become effective, any reference in this act to:

 


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ê2015 Statutes of Nevada, Page 3693 (Chapter 534, SB 514)ê

 

      1.  The Office of Finance in the Office of the Governor shall be deemed to refer to the Budget Division of the Department of Administration.

      2.  The Director of the Office shall be deemed to refer to the Chief of the Budget Division.

      Sec. 88.  1.  This section and sections 44, 46, 75 and 84 to 87, inclusive, of this act become effective upon passage and approval.

      2.  Sections 1 to 40, inclusive, 42, 43, 45, 47 to 71, inclusive, 73, 74, and 76 to 83, inclusive, of this act become effective on July 1, 2015.

      3.  Section 41 of this act becomes effective on July 1, 2015, only if Senate Bill No. 503 of this session becomes effective.

      4.  Section 72 of this act becomes effective on July 1, 2015, only if Senate Bill No. 227 of this session becomes effective.

________

CHAPTER 535, SB 474

Senate Bill No. 474–Committee on Finance

 

CHAPTER 535

 

[Approved: June 11, 2015]

 

AN ACT relating to education; creating the Great Teaching and Leading Fund; prescribing the administration and use of money in the Fund; authorizing certain entities to submit an application to the State Board of Education for a grant of money from the Fund; requiring the Superintendent of Public Instruction to post a list of each gift or grant received for deposit in the Fund on the Internet website maintained by the Department of Education; requiring school districts and charter schools to ensure that certain professional development is available to teachers and administrators; revising provisions governing the provision of training by the regional training programs for the professional development of teachers and administrators; creating the Advisory Task Force on Educator Professional Development to study and report on matters relating to professional development of teachers, school administrators and other educational personnel; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1.5 of this bill creates the Great Teaching and Leading Fund in the State General Fund, to be administered by the Superintendent of Public Instruction. Section 1.5 also authorizes the following entities to submit an application to the State Board of Education for a grant of money from the Fund: (1) the governing body of a regional training program for the professional development of teachers and administrators; (2) the board of trustees of a school district; (3) the governing body of a charter school; (4) the State Public Charter School Authority; (5) a university, state college or community college within the Nevada System of Higher Education; (6) employee associations representing licensed educational personnel; and (7) nonprofit educational organizations. Section 1.5 further requires the State Board of Education to prescribe annually the priorities of programs for which grants of money may be awarded from the Fund and requires an application submitted by an entity to address how the money will be used in accordance with those priorities. An entity that receives a grant of money from the Fund is required to use the money in accordance with the priorities to provide: (1) professional development for teachers, administrators and other licensed educational personnel; (2) programs of preparation for teachers, administrators and other licensed educational personnel; (3) programs of peer assistance and review for teachers, administrators and other licensed educational personnel; (4) programs for leadership training and development; and (5) programs to recruit, select and retain effective teachers and principals.

 


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administrators and other licensed educational personnel; (2) programs of preparation for teachers, administrators and other licensed educational personnel; (3) programs of peer assistance and review for teachers, administrators and other licensed educational personnel; (4) programs for leadership training and development; and (5) programs to recruit, select and retain effective teachers and principals. Section 1.5 additionally requires the Superintendent of Public Instruction, to the extent money is available for this purpose, to: (1) contract for an independent evaluation of the effectiveness of the grants made from the Fund; and (2) if such an evaluation is conducted, submit a report of the results to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature or the Legislative Committee on Education. Section 1.5 also requires the Superintendent of Public Instruction to: (1) post a list of each gift or grant received for deposit in the Fund on the Internet website maintained by the Department; (2) update the list annually; and (3) transmit the list to the next regular session of the Legislature or the Legislative Committee on Education.

      Section 1.7 of this bill requires the board of trustees of each school district and the governing body of each charter school to ensure that teachers and administrators have access to high-quality, ongoing professional development training.

      Existing law creates three regional training programs for the professional development of teachers and administrators and requires the governing body of each regional training program to make an assessment of the training needs of teachers and administrators who are employed by school districts within the primary jurisdiction of the regional training program and provide training based upon that assessment. (NRS 391.512, 391.544) Section 2 of this bill requires the provision of training by a regional training program to also be based upon the priorities of programs prescribed by the State Board pursuant to section 1.5.

      Section 3.5 of this bill creates the Advisory Task Force on Educator Professional Development to study certain issues relating to professional development of teachers, school administrators and other educational personnel. The Task Force is required to meet at least four times before June 30, 2016, and prepare a final report with its findings and recommendations which must be distributed to the Governor, the State Board of Education, the Legislative Committee on Education and the Director of the Legislative Counsel Bureau for distribution to the next regular session of the Legislature.

 

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 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 and 1.7 of this act.

      Sec. 1.5. 1.  The Great Teaching and Leading Fund is hereby created in the State General Fund, to be administered by the Superintendent of Public Instruction. The Superintendent may accept gifts and grants from any source for deposit in the Fund. Any money from such gifts and grants must be expended only in accordance with the terms and conditions of the gift or grant, or in accordance with this section.

      2.  The interest and income earned on:

      (a) Money in the Fund, after deducting any applicable charges; and

      (b) Unexpended appropriations made to the Fund from the State General Fund,

Ê must be credited to the Fund.

      3.  Any money in the Fund and any unexpended appropriations made to the Fund from the State General Fund remaining at the end of a fiscal year do not revert to the State General Fund, and the balance in the Fund must be carried forward to the next fiscal year.

 


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year do not revert to the State General Fund, and the balance in the Fund must be carried forward to the next fiscal year.

      4.  The money in the Fund may only be used for public schools and public education, as authorized by the Legislature and in accordance with the priorities of programs prescribed by the State Board pursuant to subsection 8.

      5.  The Superintendent of Public Instruction shall coordinate the annual distribution of grants of money from the Fund to the following entities whose applications for a grant are approved:

      (a) The governing body of a regional training program for the professional development of teachers and administrators.

      (b) The board of trustees of a school district.

      (c) The governing body of a charter school.

      (d) The State Public Charter School Authority.

      (e) A university, state college or community college within the Nevada System of Higher Education.

      (f) Employee associations representing licensed educational personnel.

      (g) Nonprofit educational organizations.

      6.  The Superintendent of Public Instruction shall:

      (a) Prescribe the form for an entity described in subsection 5 to submit an application for a grant of money from the Fund and the deadline for submission of such an application.

      (b) Assign a committee to review the applications and make recommendations to the Superintendent for awarding grants of money from the Fund.

      (c) Make recommendations to the State Board regarding awarding grants of money from the Fund.

      7.  Based upon the recommendations made by the Superintendent of Public Instruction pursuant to paragraph (c) of subsection 6 and to the extent money is available in the Fund, the State Board shall award grants of money to each entity with an approved application not later than December 31 of each year. To the extent that money is available, a grant of money from the Fund may be awarded for the period specified by the applicant in the application, not to exceed 3 years. The State Board may not award more than 20 percent of the money placed in the Fund by legislative appropriation to any single entity in a fiscal year.

      8.  On or before September 30 of each year, the State Board shall prescribe the priorities of programs set forth in subsection 10 for which grants of money will be made from the Fund on or before December 31 of that year. In developing the priorities, the State Board shall review and consider the assessment of the training needs of teachers and administrators made by the governing body of each regional training program for the professional development of teachers and administrators pursuant to NRS 391.540.

      9.  An entity described in subsection 5 may submit an application for a grant of money on the form prescribed by the Superintendent of Public Instruction, which must include, without limitation, a description of how the entity will use money from the grant to address the priorities prescribed by the State Board pursuant to subsection 8 and the period for which the grant is requested, not to exceed 3 years.

 


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      10.  An entity that receives a grant of money from the Fund shall use the money in accordance with the priorities of programs prescribed by the State Board pursuant to subsection 8 to provide:

      (a) Professional development for teachers, administrators and other licensed educational personnel;

      (b) Programs of preparation for teachers, administrators and other licensed educational personnel;

      (c) Programs of peer assistance and review for teachers, administrators and other licensed educational personnel;

      (d) Programs for leadership training and development; and

      (e) Programs to recruit, select and retain effective teachers and principals.

      11.  An entity that receives a grant of money from the Fund shall provide a report annually if the entity receives a grant of money for more than 1 year or, if the entity receives a grant of money for 1 year or less, within 120 days after the conclusion of the grant to the Superintendent of Public Instruction in the form prescribed by the Superintendent that includes, without limitation, a description of:

      (a) The programs for which the grant of money was used.

      (b) The effectiveness of the grant of money in:

             (1) Improving the achievement of pupils;

             (2) Assisting teachers, administrators and other licensed educational personnel; and

             (3) Improving the recruitment, selection and retention of effective teachers and principals.

      12.  To the extent money is available from legislative appropriation or otherwise, the Superintendent of Public Instruction shall contract for an independent evaluation of the effectiveness of the grants of money from the Fund, including, without limitation, a review and analysis of data relating to:

      (a) Changes in instructional or administrative practices;

      (b) The achievement of pupils; and

      (c) The recruitment, selection and retention of effective teachers and administrators.

Ê The Superintendent of Public Instruction shall consult with the Statewide Council for the Coordination of the Regional Training Programs in determining the duties of the contractor.

      13.  If the Superintendent of Public Instruction contracts for an independent evaluation of the effectiveness of the grants of money from the Fund pursuant to subsection 12, the Superintendent shall submit a report of the results of the evaluation to:

      (a) The Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature; and

      (b) If the report is completed before September 1 of an even-numbered year, the Legislative Committee on Education.

      14.  The Superintendent of Public Instruction shall:

      (a) Post on the Internet website maintained by the Department a list of each gift or grant, if any, received pursuant to subsection 1 for deposit in the Fund and the name of the donor of the gift or grant.

      (b) Update the list annually.

      (c) On or before February 1 of each year, transmit the list prepared for the immediately preceding year:

 


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             (1) In odd-numbered years, to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature; and

             (2) In even-numbered years, to the Legislative Committee on Education.

      Sec. 1.7. The board of trustees of each school district and the governing body of each charter school shall ensure that the teachers and administrators employed by the school district or charter school have access to high-quality, ongoing professional development training. The professional development training must include, without limitation, training concerning:

      1.  The academic standards adopted by the State Board, including, without limitation, the academic standards for science.

      2.  The academic standards and curriculum in English language development and literacy.

      3.  The curriculum and instruction required for courses of study in:

      (a) Science, technology, engineering and mathematics.

      (b) English language development and literacy.

      4.  The cultural competency required to meet the social, emotional and academic needs of certain categories of pupils enrolled in the school, including, without limitation, pupils who are at risk, pupils who are limited English proficient, pupils with disabilities and gifted and talented pupils.

      Sec. 2. NRS 391.544 is hereby amended to read as follows:

      391.544  1.  Based upon the priorities of programs prescribed by the State Board pursuant to subsection 8 of section 1.5 of this act and the assessment of needs for training within the region and priorities of training adopted by the governing body pursuant to NRS 391.540, each regional training program shall provide:

      (a) Training for teachers and other licensed educational personnel in the:

             (1) Standards established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520;

             (2) Curriculum and instruction required for the [common core state] standards adopted by the State Board;

             (3) Curriculum and instruction recommended by the Teachers and Leaders Council of Nevada; and

             (4) Culturally relevant pedagogy, taking into account cultural diversity and demographic differences throughout this State.

      (b) Through the Nevada Early Literacy Intervention Program established for the regional training program, training for teachers who teach kindergarten and grades 1, 2 or 3 on methods to teach fundamental reading skills, including, without limitation:

             (1) Phonemic awareness;

             (2) Phonics;

             (3) Vocabulary;

             (4) Fluency;

             (5) Comprehension; and

             (6) Motivation.

      (c) Training for administrators who conduct the evaluations required pursuant to NRS 391.3125 and 391.3127 relating to the manner in which such evaluations are conducted. Such training must be developed in consultation with the Teachers and Leaders Council of Nevada created by NRS 391.455.

 


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      (d) Training for teachers, administrators and other licensed educational personnel relating to correcting deficiencies and addressing recommendations for improvement in performance that are identified in the evaluations conducted pursuant to NRS 391.3125 or 391.3127.

      (e) At least one of the following types of training:

             (1) Training for teachers and school administrators in the assessment and measurement of pupil achievement and the effective methods to analyze the test results and scores of pupils to improve the achievement and proficiency of pupils.

             (2) Training for teachers in specific content areas to enable the teachers to provide a higher level of instruction in their respective fields of teaching. Such training must include instruction in effective methods to teach in a content area provided by teachers who are considered masters in that content area.

             (3) In addition to the training provided pursuant to paragraph (b), training for teachers in the methods to teach basic skills to pupils, such as providing instruction in reading with the use of phonics and providing instruction in basic skills of mathematics computation.

      (f) In accordance with the program established by the Statewide Council pursuant to paragraph (b) of subsection 2 of NRS 391.520 training for:

             (1) Teachers on how to engage parents and families, including, without limitation, disengaged families, in the education of their children and to build the capacity of parents and families to support the learning and academic achievement of their children.

             (2) Training for teachers and paraprofessionals on working with parent liaisons in public schools to carry out strategies and practices for effective parental involvement and family engagement.

      2.  The training required pursuant to subsection 1 must:

      (a) Include the activities set forth in 20 U.S.C. § 7801(34), as deemed appropriate by the governing body for the type of training offered.

      (b) Include appropriate procedures to ensure follow-up training for teachers and administrators who have received training through the program.

      (c) Incorporate training that addresses the educational needs of:

             (1) Pupils with disabilities who participate in programs of special education; and

             (2) Pupils who are limited English proficient.

      3.  The governing body of each regional training program shall prepare and maintain a list that identifies programs for the professional development of teachers and administrators that successfully incorporate:

      (a) The standards of content and performance established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520;

      (b) Fundamental reading skills; and

      (c) Other training listed in subsection 1.

Ê The governing body shall provide a copy of the list on an annual basis to school districts for dissemination to teachers and administrators.

      4.  A regional training program may include model classrooms that demonstrate the use of educational technology for teaching and learning.

      5.  A regional training program may contract with the board of trustees of a school district that is served by the regional training program as set forth in NRS 391.512 to provide professional development to the teachers and administrators employed by the school district that is in addition to the training required by this section.

 


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training required by this section. Any training provided pursuant to this subsection must include the activities set forth in 20 U.S.C. § 7801(34), as deemed appropriate by the governing body for the type of training offered.

      6.  To the extent money is available from legislative appropriation or otherwise, a regional training program may provide training to paraprofessionals.

      Sec. 3.  Notwithstanding the provisions of subsection 8 of section 1.5 of this act, for Fiscal Year 2015-2016, the priorities of programs for which grants of money may be made from the Great Teaching and Leading Fund created by section 1.5 of this act must address:

      1.  The provision of professional development for teachers to provide instruction in the standards of content and performance for the subject area of science;

      2.  The implementation of the statewide performance evaluation system established pursuant to NRS 391.465;

      3.  The recruitment, selection and retention of effective teachers and principals; and

      4.  Programs of leadership training and development.

      Sec. 3.5.  1.  The Advisory Task Force on Educator Professional Development is hereby created consisting of:

      (a) Two members of the State Board of Education, appointed by the President of the Board;

      (b) Two members who are Senators, one of whom is appointed by the Majority Leader of the Senate and one of whom is appointed by the Minority Leader of the Senate;

      (c) Two members who are members of the Assembly, one of whom is appointed by the Speaker of the Assembly and one of whom is appointed by the Minority Leader of the Assembly;

      (d) One member who is a teacher, appointed by the Nevada State Education Association; and

      (e) One member of the Statewide Council for the Coordination of the Regional Training Programs, appointed by the Chair of the Council.

      2.  The Task Force shall study:

      (a) The cost of professional development for teachers and school administrators in this State and the use and availability of regional training programs created pursuant to NRS 391.512;

      (b) Federal funding available for the professional development of teachers and school administrators in this State;

      (c) The effectiveness of the manner in which professional development is delivered to teachers and administrators in this State;

      (d) The standards and quality of professional development provided to teachers and school administrators in this State;

      (e) The effectiveness of the programs for professional development provided to teachers and school administrators in this State;

      (f) Professional development for paraprofessionals and other educational personnel; and

      (g) The structure for the delivery of professional development.

      3.  At the first meeting of the Task Force, the members of the Task Force shall elect a Chair by majority vote.

      4.  The Task Force shall hold its first meeting by not later than August 31, 2015, and shall meet not less than four times before June 30, 2016.

 


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      5.  A majority of the members of the Task Force 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 Task Force.

      6.  The Department of Education shall provide the Task Force with such staff as is necessary for the Task Force to carry out its duties.

      7.  The Legislators who are members of the Task Force are entitled to receive the salary provided for a majority of the members of the Legislature during the first 60 days of the preceding session for each day’s attendance at a meeting of the Task Force the per diem allowance provided for state officers generally, and travel expenses provided pursuant to NRS 218A.655. Such compensation, per diem allowances and travel expenses must be paid from the Legislative Fund.

      8.  While engaged in the business of the Task Force, to the extent that money is available for that purpose, the members of the Task Force who are not Legislators are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      9.  A member of the Task Force who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation so that he or she may prepare for and attend meetings of the Task Force and perform any work necessary to carry out the duties of the Task Force in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Task Force to:

      (a) Make up the time the member is absent from work to carry out his or her duties as a member of the Task Force; or

      (b) Take annual leave or compensatory time for the absence.

      10.  By not later than December 31, 2016, the Task Force shall complete a final report with its findings and any recommendations, including, without limitation, recommendations regarding budgets, changes to regulations and legislation and the adoption of statewide standards for professional development. The Superintendent of Public Instruction shall assist the Task Force in preparing the final report. The final report must be submitted to the Governor, the State Board of Education, the Legislative Committee on Education and the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature.

      Sec. 3.7.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

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

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