[Rev. 11/14/2017 11:48:44 AM]

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CHAPTER 16, AB 162

Assembly Bill No. 162–Assemblyman Flores

 

CHAPTER 16

 

[Approved: May 9, 2017]

 

AN ACT relating to trade practices; requiring a business that accepts a driver’s license for the purpose of identification to also accept a permanent resident card for that purpose; including permanent resident cards as proof of identity for various purposes; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes state and local governmental entities to accept a consular identification card for the purpose of identifying a person under certain circumstances. (NRS 232.006, 237.200) Sections 8 and 9 of this bill similarly authorize state and local governmental entities to accept a permanent resident card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security for the purpose of identifying a person. Section 1 of this bill prohibits a business that accepts a driver’s license or identification card issued by the Department of Motor Vehicles for the purpose of identifying a person from refusing to accept a permanent resident card for the same purpose. Sections 2-7 and 10-13 of this bill revise various provisions of existing law to provide for the use of a permanent resident card as proof of identity.

 

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

      1.  If a business accepts a driver’s license or identification card issued by the Department of Motor Vehicles for the purpose of identifying a customer, the business shall not refuse to accept a permanent resident card for the same purpose.

      2.  As used in this section, “permanent resident card” means a Permanent Resident Card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security.

      Sec. 2. NRS 597.940 is hereby amended to read as follows:

      597.940  1.  Except as otherwise provided in this subsection, a business shall not, without the customer’s consent, record the account number of any of a customer’s credit cards on the customer’s check or draft as a condition of accepting that check or draft. This subsection does not prohibit:

      (a) The business from requiring the customer to produce reasonable forms of positive identification other than a credit card, including, without limitation:

             (1) A driver’s license;

             (2) An identification card issued by the Department of Motor Vehicles; [or]

             (3) A permanent resident card; or

             (4) A consular identification card,

Ê as a condition of accepting a check or draft.

 


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      (b) The business from requesting the customer to display a credit card as an indicia of creditworthiness or financial responsibility, if the only information recorded by the business concerning the credit card is the type of credit card displayed, the issuer of the card and the date the card expires.

      (c) The business from requesting the customer to record the account number of his or her credit card on the check or draft with which payment on the credit card account is being made.

      (d) The business from requesting the production of or recording of the account number of a credit card as a condition of cashing a check or draft if:

             (1) The business has agreed with the issuer of the credit card to cash the checks or drafts as a service to the cardholders of the issuer;

             (2) The issuer has agreed to guarantee any such check or draft so cashed; and

             (3) The cardholder has given actual, apparent or implied authority for the use of his or her account number for this purpose.

      2.  Except as otherwise provided in this subsection, a business shall not, without the customer’s consent, record a customer’s telephone number on the credit card sales slip as a condition of accepting his or her credit card. This subsection does not:

      (a) Prohibit the recordation of personal identifying information required for a special purpose incidental to the use of the credit card, such as the delivery, shipping, servicing or installation of the purchased merchandise.

      (b) Apply to a transaction in which the customer receives a cash advance against his or her credit card or to a transaction involving the use of preprinted spaces for personal identifying information that the business accepting the credit card has a contractual obligation to record in order to complete the transaction.

      (c) Apply to a transaction in which the customer’s purchase is made by the use of a device that electronically authorizes the use of the credit card and processes information relating thereto.

      3.  As used in this section, unless the context otherwise requires:

      (a) “Consular identification card” means an identification card issued by a consulate of a foreign government, which consulate is located within the State of Nevada.

      (b) “Credit card” has the meaning ascribed to it in NRS 205.630.

      (c) “Identification card issued by the Department of Motor Vehicles” means an identification card of the type described in NRS 483.810 to 483.890, inclusive.

      (d) “Permanent resident card” means a Permanent Resident Card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security.

      Sec. 3. NRS 97A.142 is hereby amended to read as follows:

      97A.142  1.  If a solicitor makes a firm offer of credit for a credit card to a person by mail and receives an acceptance of that offer which has a substantially different address listed for the person than the address to which the solicitor sent the offer, the solicitor shall verify that the person accepting the offer is the same person to whom the offer was made before sending the person the credit card.

      2.  A solicitor shall be deemed to have verified the address of a person pursuant to subsection 1 if the solicitor:

 


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      (a) Telephones the person at a telephone number appearing in a publicly available directory or database as the telephone number of the person to whom the solicitation was made and the person acknowledges his or her acceptance of the solicitation;

      (b) Receives from the person accepting the offer of credit proof of identity in the form of an identification document, including, without limitation, a driver’s license , [or] passport [,] or permanent resident card, which confirms that the person accepting the solicitation is the person to whom the solicitation was made; or

      (c) Uses any other commercially reasonable means to confirm that the person accepting the solicitation is the person to whom the solicitation was made, including, without limitation, any means adopted in federal regulations.

      3.  For the purposes of this section:

      (a) “Firm offer of credit” has the meaning ascribed to it in 15 U.S.C. § 1681a(l).

      (b) “Permanent resident card” means a Permanent Resident Card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security.

      (c) “Solicitor” means a person who makes a firm offer of credit for a credit card by mail solicitation, but does not include an issuer or other creditor when that issuer or creditor relies on an independent third party to provide the solicitation services.

      Sec. 4. NRS 125D.180 is hereby amended to read as follows:

      125D.180  1.  In determining whether there is a credible risk of abduction of a child, the court shall consider any evidence that the petitioner or respondent:

      (a) Has previously abducted or attempted to abduct the child;

      (b) Has threatened to abduct the child;

      (c) Has recently engaged in activities that may indicate a planned abduction, including:

             (1) Abandoning employment;

             (2) Selling a primary residence;

             (3) Terminating a lease;

             (4) Closing bank or other financial management accounts, liquidating assets, hiding or destroying financial documents, or conducting any unusual financial activities;

             (5) Applying for a passport or visa or obtaining travel documents for the respondent, a family member or the child; or

             (6) Seeking to obtain the child’s birth certificate or school or medical records;

      (d) Has engaged in domestic violence, stalking, or child abuse or neglect;

      (e) Has refused to follow a child custody determination;

      (f) Lacks strong familial, financial, emotional or cultural ties to the State or the United States;

      (g) Has strong familial, financial, emotional or cultural ties to another state or country;

      (h) Is likely to take the child to a country that:

             (1) Is not a party to the Hague Convention on the Civil Aspects of International Child Abduction and does not provide for the extradition of an abducting parent or for the return of an abducted child;

 


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             (2) Is a party to the Hague Convention on the Civil Aspects of International Child Abduction but:

                   (I) The Hague Convention on the Civil Aspects of International Child Abduction is not in force between the United States and that country;

                   (II) Is noncompliant according to the most recent compliance report issued by the United States Department of State; or

                   (III) Lacks legal mechanisms for immediately and effectively enforcing a return order pursuant to the Hague Convention on the Civil Aspects of International Child Abduction;

             (3) Poses a risk that the child’s physical or emotional health or safety would be endangered in the country because of specific circumstances relating to the child or because of human rights violations committed against children;

             (4) Has laws or practices that would:

                   (I) Enable the respondent, without due cause, to prevent the petitioner from contacting the child;

                   (II) Restrict the petitioner from freely traveling to or exiting from the country because of the petitioner’s gender, nationality, marital status or religion; or

                   (III) Restrict the child’s ability legally to leave the country after the child reaches the age of majority because of the child’s gender, nationality or religion;

             (5) Is included by the United States Department of State on a current list of state sponsors of terrorism;

             (6) Does not have an official United States diplomatic presence in the country; or

             (7) Is engaged in active military action or war, including a civil war, to which the child may be exposed;

      (i) Is undergoing a change in immigration or citizenship status that would adversely affect the respondent’s ability to remain in the United States legally;

      (j) Has had an application for United States citizenship denied;

      (k) Has forged or presented misleading or false evidence on government forms or supporting documents to obtain or attempt to obtain a passport, a visa, travel documents, a social security card, a driver’s license , a permanent resident card or other government-issued identification card or has made a misrepresentation to the United States Government;

      (l) Has used multiple names to attempt to mislead or defraud; or

      (m) Has engaged in any other conduct the court considers relevant to the risk of abduction.

      2.  In the hearing on a petition pursuant to the provisions of this chapter, the court shall consider any evidence that the respondent believed in good faith that the respondent’s conduct was necessary to avoid imminent harm to the child or respondent and any other evidence that may be relevant to whether the respondent may be permitted to remove or retain the child.

      3.  If the court finds during the hearing on the petition that the respondent’s conduct is intended to avoid imminent harm to the child or respondent, the court shall not issue an abduction prevention order.

      Sec. 5. NRS 159.044 is hereby amended to read as follows:

      159.044  1.  Except as otherwise provided in NRS 127.045, a proposed ward, a governmental agency, a nonprofit corporation or any interested person may petition the court for the appointment of a guardian.

 


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      2.  To the extent the petitioner knows or reasonably may ascertain or obtain, the petition must include, without limitation:

      (a) The name and address of the petitioner.

      (b) The name, date of birth and current address of the proposed ward.

      (c) A copy of one of the following forms of identification of the proposed ward which must be placed in the records relating to the guardianship proceeding and, except as otherwise provided in NRS 239.0115 or as otherwise required to carry out a specific statute, maintained in a confidential manner:

             (1) A social security number;

             (2) A taxpayer identification number;

             (3) A valid driver’s license number;

             (4) A valid identification card number; [or]

             (5) A valid passport number [.] ; or

             (6) A valid permanent resident card number.

Ê If the information required pursuant to this paragraph is not included with the petition, the information must be provided to the court not later than 120 days after the appointment of a guardian or as otherwise ordered by the court.

      (d) If the proposed ward is a minor, the date on which the proposed ward will attain the age of majority and:

             (1) Whether there is a current order concerning custody and, if so, the state in which the order was issued; and

             (2) Whether the petitioner anticipates that the proposed ward will need guardianship after attaining the age of majority.

      (e) Whether the proposed ward is a resident or nonresident of this State.

      (f) The names and addresses of the spouse of the proposed ward and the relatives of the proposed ward who are within the second degree of consanguinity.

      (g) The name, date of birth and current address of the proposed guardian. If the proposed guardian is a private professional guardian, the petition must include proof that the guardian meets the requirements of NRS 159.0595. If the proposed guardian is not a private professional guardian, the petition must include a statement that the guardian currently is not receiving compensation for services as a guardian to more than one ward who is not related to the person by blood or marriage.

      (h) A copy of one of the following forms of identification of the proposed guardian which must be placed in the records relating to the guardianship proceeding and, except as otherwise provided in NRS 239.0115 or as otherwise required to carry out a specific statute, maintained in a confidential manner:

             (1) A social security number;

             (2) A taxpayer identification number;

             (3) A valid driver’s license number;

             (4) A valid identification card number; [or]

             (5) A valid passport number [.] ; or

             (6) A valid permanent resident card number.

      (i) Whether the proposed guardian has ever been convicted of a felony and, if so, information concerning the crime for which the proposed guardian was convicted and whether the proposed guardian was placed on probation or parole.

 


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      (j) A summary of the reasons why a guardian is needed and recent documentation demonstrating the need for a guardianship. If the proposed ward is an adult, the documentation must include, without limitation:

             (1) A certificate signed by a physician who is licensed to practice medicine in this State or who is employed by the Department of Veterans Affairs, a letter signed by any governmental agency in this State which conducts investigations or a certificate signed by any other person whom the court finds qualified to execute a certificate, stating:

                   (I) The need for a guardian;

                   (II) Whether the proposed ward presents a danger to himself or herself or others;

                   (III) Whether the proposed ward’s attendance at a hearing would be detrimental to the proposed ward;

                   (IV) Whether the proposed ward would comprehend the reason for a hearing or contribute to the proceeding; and

                   (V) Whether the proposed ward is capable of living independently with or without assistance; and

             (2) If the proposed ward is determined to have the limited capacity to consent to the appointment of a special guardian, a written consent to the appointment of a special guardian from the ward.

      (k) Whether the appointment of a general or a special guardian is sought.

      (l) A general description and the probable value of the property of the proposed ward and any income to which the proposed ward is or will be entitled, if the petition is for the appointment of a guardian of the estate or a special guardian. If any money is paid or is payable to the proposed ward by the United States through the Department of Veterans Affairs, the petition must so state.

      (m) The name and address of any person or care provider having the care, custody or control of the proposed ward.

      (n) If the petitioner is not the spouse or natural child of the proposed ward, a declaration explaining the relationship of the petitioner to the proposed ward or to the proposed ward’s family or friends, if any, and the interest, if any, of the petitioner in the appointment.

      (o) Requests for any of the specific powers set forth in NRS 159.117 to 159.175, inclusive, necessary to enable the guardian to carry out the duties of the guardianship.

      (p) If the guardianship is sought as the result of an investigation of a report of abuse, neglect, exploitation, isolation or abandonment of the proposed ward, whether the referral was from a law enforcement agency or a state or county agency.

      (q) Whether the proposed ward or the proposed guardian is a party to any pending criminal or civil litigation.

      (r) Whether the guardianship is sought for the purpose of initiating litigation.

      (s) Whether the proposed ward has executed a durable power of attorney for health care, a durable power of attorney for financial matters or a written nomination of guardian and, if so, who the named agents are for each document.

      (t) Whether the proposed guardian has filed for or received protection under the federal bankruptcy laws within the immediately preceding 7 years.

      3.  Before the court makes a finding pursuant to NRS 159.054, a petitioner seeking a guardian for a proposed adult ward must provide the court with an assessment of the needs of the proposed adult ward completed by a licensed physician which identifies the limitations of capacity of the proposed adult ward and how such limitations affect the ability of the proposed adult ward to maintain his or her safety and basic needs.

 


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court with an assessment of the needs of the proposed adult ward completed by a licensed physician which identifies the limitations of capacity of the proposed adult ward and how such limitations affect the ability of the proposed adult ward to maintain his or her safety and basic needs. The court may prescribe the form in which the assessment of the needs of the proposed adult ward must be filed.

      Sec. 6. NRS 159.2025 is hereby amended to read as follows:

      159.2025  If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this State, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register and the reason for registration, may register the guardianship order in this State by filing as a foreign judgment in a court, in any appropriate county of this State:

      1.  Certified copies of the order and letters of office; and

      2.  A copy of the guardian’s driver’s license, passport , permanent resident card or other valid photo identification card in a sealed envelope.

      Sec. 7. NRS 202.2493 is hereby amended to read as follows:

      202.2493  1.  A person shall not sell, distribute or offer to sell cigarettes, any smokeless product made or derived from tobacco or any alternative nicotine product in any form other than in an unopened package which originated with the manufacturer and bears any health warning required by federal law. A person who violates this subsection shall be punished by a fine of $100 and a civil penalty of $100. As used in this subsection, “smokeless product made or derived from tobacco” means any product that consists of cut, ground, powdered or leaf tobacco and is intended to be placed in the oral or nasal cavity.

      2.  Except as otherwise provided in subsections 3, 4 and 5, it is unlawful for any person to sell, distribute or offer to sell cigarettes, cigarette paper, tobacco of any description, products made or derived from tobacco, vapor products or alternative nicotine products to any child under the age of 18 years. A person who violates this subsection shall be punished by a fine of not more than $500 and a civil penalty of not more than $500.

      3.  A person shall be deemed to be in compliance with the provisions of subsection 2 if, before the person sells, distributes or offers to sell to another, cigarettes, cigarette paper, tobacco of any description, products made or derived from tobacco, vapor products or alternative nicotine products, the person:

      (a) Demands that the other person present a valid driver’s license , permanent resident card or other written or documentary evidence which shows that the other person is 18 years of age or older;

      (b) Is presented a valid driver’s license , permanent resident card or other written or documentary evidence which shows that the other person is 18 years of age or older; and

      (c) Reasonably relies upon the driver’s license , permanent resident card or written or documentary evidence presented by the other person.

      4.  The employer of a child who is under 18 years of age may, for the purpose of allowing the child to handle or transport tobacco, products made or derived from tobacco, vapor products or alternative nicotine products, in the course of the child’s lawful employment, provide tobacco, products made or derived from tobacco, vapor products or alternative nicotine products to the child.

 


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      5.  With respect to any sale made by an employee of a retail establishment, the owner of the retail establishment shall be deemed to be in compliance with the provisions of subsection 2 if the owner:

      (a) Had no actual knowledge of the sale; and

      (b) Establishes and carries out a continuing program of training for employees which is reasonably designed to prevent violations of subsection 2.

      6.  The owner of a retail establishment shall, whenever any product made or derived from tobacco, vapor product or alternative nicotine product is being sold or offered for sale at the establishment, display prominently at the point of sale:

      (a) A notice indicating that:

             (1) The sale of cigarettes, other tobacco products, vapor products and alternative nicotine products to minors is prohibited by law; and

             (2) The retailer may ask for proof of age to comply with this prohibition; and

      (b) At least one sign that complies with the requirements of NRS 442.340.

Ê A person who violates this subsection shall be punished by a fine of not more than $100.

      7.  It is unlawful for any retailer to sell cigarettes through the use of any type of display:

      (a) Which contains cigarettes and is located in any area to which customers are allowed access; and

      (b) From which cigarettes are readily accessible to a customer without the assistance of the retailer,

Ê except a vending machine used in compliance with NRS 202.2494. A person who violates this subsection shall be punished by a fine of not more than $500.

      8.  Any money recovered pursuant to this section as a civil penalty must be deposited in a separate account in the State General Fund to be used for the enforcement of this section and NRS 202.2494.

      Sec. 8. NRS 232.006 is hereby amended to read as follows:

      232.006  1.  Except as otherwise provided in subsection 2 and NRS 483.290, 483.860 and 486.081, with respect to any activity or transaction in which a state agency accepts an identification card issued by the Department of Motor Vehicles to identify a person, the state agency may also accept a consular identification card or permanent resident card to identify a person.

      2.  The provisions of subsection 1 apply only to the presentation of a consular identification card or permanent resident card for purposes of identification and do not convey an independent right to receive benefits of any type.

      3.  As used in this section:

      (a) “Consular identification card” means an identification card issued by a consulate of a foreign government, which consulate is located within the State of Nevada.

      (b) “Identification card issued by the Department of Motor Vehicles” means an identification card of the type described in NRS 483.810 to 483.890, inclusive.

      (c) “Permanent resident card” means a Permanent Resident Card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security.

 


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      (d) “State agency” means every public agency, bureau, board, commission, department or division of the Executive Department of State Government.

      Sec. 9. NRS 237.200 is hereby amended to read as follows:

      237.200  1.  Except as otherwise provided in subsection 2, with respect to any activity or transaction in which a local government accepts an identification card issued by the Department of Motor Vehicles to identify a person, the local government may also accept a consular identification card or permanent resident card to identify a person.

      2.  The provisions of subsection 1 apply only to the presentation of a consular identification card or permanent resident card for purposes of identification and do not convey an independent right to receive benefits of any type.

      3.  As used in this section:

      (a) “Consular identification card” means an identification card issued by a consulate of a foreign government, which consulate is located within the State of Nevada.

      (b) “Identification card issued by the Department of Motor Vehicles” means an identification card of the type described in NRS 483.810 to 483.890, inclusive.

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

      (d) “Permanent resident card” means a Permanent Resident Card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security.

      Sec. 10. NRS 476.220 is hereby amended to read as follows:

      476.220  1.  Except as otherwise provided in subsection 2, any person who distributes:

      (a) Black powder to a person under the age of 18 years; or

      (b) Smokeless gunpowder to a person:

             (1) Under the age of 18 years; or

             (2) Under the age of 21 years, if the smokeless gunpowder is intended for use other than in a rifle or shotgun,

Ê is guilty of a misdemeanor and shall be punished by a fine of not more than $500.

      2.  A person shall be deemed to be in compliance with the provisions of subsection 1 if, before the person distributes black powder or smokeless gunpowder to another person, the person:

      (a) Asks the other person to declare the intended use for the black powder or smokeless gunpowder;

      (b) Demands that the other person present a valid driver’s license , permanent resident card or other written or documentary evidence which shows that the other person meets the appropriate age requirement set forth in subsection 1;

      (c) Is presented a valid driver’s license , permanent resident card or other written or documentary evidence which shows that the other person meets the appropriate age requirement set forth in subsection 1; and

      (d) Reasonably relies upon the declaration of intended use by the other person and the driver’s license , permanent resident card or other written or documentary evidence presented by the other person.

      3.  As used in this section [, “distribute”] :

 


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      (a) “Distribute” has the meaning ascribed to it in NRS 476.010.

      (b) “Permanent resident card” means a Permanent Resident Card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security.

      Sec. 11. NRS 643.184 is hereby amended to read as follows:

      643.184  A person who is required to display a license issued pursuant to the provisions of this chapter shall, upon the request of an authorized representative of the Board, provide to that representative identification in the form of a driver’s license , [or] identification card or permanent resident card with a photograph that has been issued by a state, the District of Columbia or the United States.

      Sec. 12. NRS 644.208 is hereby amended to read as follows:

      644.208  1.  The Board shall admit to examination as a hair braider, at any meeting of the Board held to conduct examinations, each person who has applied to the Board in proper form and paid the fee, and who:

      (a) Is not less than 18 years of age.

      (b) Is of good moral character.

      (c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      (d) Has successfully completed the 10th grade in school or its equivalent and has submitted to the Board a notarized affidavit establishing the successful completion by the applicant of the 10th grade or its equivalent. Testing for equivalency must be pursuant to state or federal requirements.

      (e) If the person has not practiced hair braiding previously:

             (1) Has completed a minimum of 250 hours of training and education as follows:

                   (I) Fifty hours concerning the laws of Nevada and the regulations of the Board relating to cosmetology;

                   (II) Seventy-five hours concerning infection control and prevention and sanitation;

                   (III) Seventy-five hours regarding the health of the scalp and the skin of the human body; and

                   (IV) Fifty hours of clinical practice; and

             (2) Has passed the practical demonstration in hair braiding and written tests described in NRS 644.248.

      (f) If the person has practiced hair braiding in this State on a person who is related within the sixth degree of consanguinity without a license and without charging a fee:

             (1) Has submitted to the Board a signed affidavit stating that the person has practiced hair braiding for at least 1 year on such a relative; and

             (2) Has passed the practical demonstration in hair braiding and written tests described in NRS 644.248.

      2.  The application submitted pursuant to subsection 1 must be accompanied by:

      (a) Two current photographs of the applicant which are 2 by 2 inches. The name and address of the applicant must be written on the back of each photograph.

 


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      (b) A copy of one of the following documents as proof of the age of the applicant:

             (1) A driver’s license , [or] identification card or permanent resident card issued to the applicant by this State or another state, the District of Columbia , the United States or any territory of the United States;

             (2) The birth certificate of the applicant; or

             (3) The current passport issued to the applicant.

      Sec. 13. NRS 644.209 is hereby amended to read as follows:

      644.209  1.  The Board shall admit to examination as a hair braider, at any meeting of the Board held to conduct examinations, each person who has practiced hair braiding in another state, has applied to the Board in proper form and paid a fee of $200, and who:

      (a) Is not less than 18 years of age.

      (b) Is of good moral character.

      (c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      (d) Has successfully completed the 10th grade in school or its equivalent and has submitted to the Board a notarized affidavit establishing the successful completion by the applicant of the 10th grade or its equivalent. Testing for equivalency must be pursuant to state or federal requirements.

      (e) If the person has practiced hair braiding in another state in accordance with a license issued in that other state:

             (1) Has submitted to the Board proof of the license; and

             (2) Has passed the written tests described in NRS 644.248.

      (f) If the person has practiced hair braiding in another state without a license and it is legal in that state to practice hair braiding without a license:

             (1) Has submitted to the Board a signed affidavit stating that the person has practiced hair braiding for at least 1 year; and

             (2) Has passed the practical demonstration in hair braiding and written tests described in NRS 644.248.

      2.  The application submitted pursuant to subsection 1 must be accompanied by:

      (a) Two current photographs of the applicant which are 2 by 2 inches. The name and address of the applicant must be written on the back of each photograph.

      (b) A copy of one of the following documents as proof of the age of the applicant:

             (1) A driver’s license , [or] identification card or permanent resident card issued to the applicant by this State or another state, the District of Columbia , the United States or any territory of the United States;

             (2) The birth certificate of the applicant; or

             (3) The current passport issued to the applicant.

      Sec. 14.  This act becomes effective on July 1, 2017.

________

 


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ê2017 Statutes of Nevada, Page 98ê

 

CHAPTER 17, AB 385

Assembly Bill No. 385–Assemblymen Yeager, Araujo, McCurdy II, Watkins, Diaz; Benitez-Thompson, Flores, Jauregui and Joiner

 

Joint Sponsors: Senators Cannizzaro and Cancela

 

CHAPTER 17

 

[Approved: May 12, 2017]

 

AN ACT relating to state lands; requiring the Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources to establish a program for the issuance, without charge, of an annual permit for state parks and recreational areas to pupils enrolled in the fifth grade in this State under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law sets forth the general authority of the Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources to establish and maintain state parks and recreational areas in this State, including, without limitation, the authority to issue an annual permit to a person to enter, camp and boat in those state parks and recreational areas. (NRS 407.065) This bill requires the Administrator to establish a program for the issuance of an annual permit, free of charge, to enter all state parks and recreational areas in this State to any pupil who is enrolled in the fifth grade at a school in this State. The program must include, without limitation, provisions which specify the circumstances under which a pupil and any person accompanying a pupil may use the annual permit to enter a state park or recreational area. This bill also provides that an annual permit issued pursuant to the program authorizes the holder of the permit to enter a state park or recreational area free of charge, but does not authorize camping, boating or attending special events at a state park or recreational area without paying a fee.

 

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 407.065 is hereby amended to read as follows:

      407.065  1.  The Administrator, subject to the approval of the Director:

      (a) Except as otherwise provided in this paragraph and NRS 407.066, may establish, name, plan, operate, control, protect, develop and maintain state parks, monuments and recreational areas for the use of the general public. The name of an existing state park, monument or recreational area may not be changed unless the Legislature approves the change by statute.

      (b) Shall protect state parks and property controlled or administered by the Division from misuse or damage and preserve the peace within those areas. The Administrator may appoint or designate certain employees of the Division to have the general authority of peace officers.

      (c) May allow multiple use of state parks and real property controlled or administered by the Division for any lawful purpose, including, but not limited to, grazing, mining, development of natural resources, hunting and fishing, in accordance with such regulations as may be adopted in furtherance of the purposes of the Division.

 


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ê2017 Statutes of Nevada, Page 99 (Chapter 17, AB 385)ê

 

      (d) Except as otherwise provided in this [paragraph,] section, shall impose and collect reasonable fees for entering, camping and boating in state parks and recreational areas. The Division shall issue an annual permit for entering, camping and boating in all state parks and recreational areas in this State:

             (1) Upon application therefor and proof of residency and age, to any person who is 65 years of age or older and has resided in this State for at least 5 years immediately preceding the date on which the application is submitted.

             (2) Upon application therefor and proof of residency and proof of status as described in subsection 5 of NRS 361.091, to a bona fide resident of the State of Nevada who has incurred a permanent service-connected disability of 10 percent or more and has been honorably discharged from the Armed Forces of the United States.

Ê The permit must be issued without charge, except that the Division shall charge and collect an administrative fee for the issuance of the permit in an amount sufficient to cover the costs of issuing the permit.

      (e) May conduct and operate such special services as may be necessary for the comfort and convenience of the general public, and impose and collect reasonable fees for such special services.

      (f) May rent or lease concessions located within the boundaries of state parks or of real property controlled or administered by the Division to public or private corporations, to groups of natural persons, or to natural persons for a valuable consideration upon such terms and conditions as the Division deems fit and proper, but no concessionaire may dominate any state park operation.

      (g) May establish such capital projects construction funds as are necessary to account for the parks improvements program approved by the Legislature. The money in these funds must be used for the construction and improvement of those parks which are under the supervision of the Administrator.

      (h) In addition to any concession specified in paragraph (f), may establish concessions within the boundaries of any state park to provide for the sale of food, drinks, ice, publications, sundries, gifts and souvenirs, and other such related items as the Administrator determines are appropriately made available to visitors. Any money received by the Administrator for a concession established pursuant to this paragraph must be deposited in the Account for State Park Interpretative and Educational Programs and Operation of Concessions created by NRS 407.0755.

      2.  The Administrator:

      (a) Shall issue an annual permit to a person who pays a reasonable fee as prescribed by regulation which authorizes the holder of the permit to enter each state park and each recreational area in this State and, except as otherwise provided in subsection [3,] 4, use the facilities of the state park or recreational area without paying the entrance fee; and

      (b) May issue an annual permit to a person who pays a reasonable fee as prescribed by regulation which authorizes the holder of the permit to enter a specific state park or specific recreational area in this State and, except as otherwise provided in subsection [3,] 4, use the facilities of the state park or recreational area without paying the entrance fee.

 


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ê2017 Statutes of Nevada, Page 100 (Chapter 17, AB 385)ê

 

      3.  The Administrator shall establish a program for the issuance of an annual permit, free of charge, to enter each state park and recreational area in this State to any pupil who is enrolled in the fifth grade at a school in this State. The program must:

      (a) Specify the period for which the Administrator may issue an annual permit to a pupil pursuant to this subsection, including, without limitation, the date upon which the Administrator may issue an annual permit to a pupil who has completed fourth grade and who intends to enter the fifth grade after completing the fourth grade;

      (b) Specify the circumstances under which a pupil and any person accompanying a pupil may use the annual permit to enter a state park or recreational area; and

      (c) Include any other requirement which the Administrator determines is necessary to establish and carry out the program pursuant to this subsection.

      4.  An annual permit issued pursuant to subsection 2 or 3 does not authorize the holder of the permit to engage in camping or boating, or to attend special events. The holder of such a permit who wishes to engage in camping or boating, or to attend special events, must pay any fee established for the respective activity.

      [4.]5.  Except as otherwise provided in subsection 1 of NRS 407.0762 and subsection 1 of NRS 407.0765, the fees collected pursuant to paragraphs (d), (e) and (f) of subsection 1 or subsection 2 must be deposited in the State General Fund.

      Sec. 2.  This act becomes effective upon passage and approval for the purpose of performing any administrative tasks that are necessary to carry out the provisions of this act and on July 1, 2017, for all other purposes.

________

CHAPTER 18, AB 490

Assembly Bill No. 490–Committee on Government Affairs

 

CHAPTER 18

 

[Approved: May 12, 2017]

 

AN ACT relating to state parks; authorizing certain expenditures of money from the principal of the Account for Maintenance of State Park Facilities and Grounds; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Account for Maintenance of State Park Facilities and Grounds and provides only for expenditure of the interest and income earned on the money which represents the principal of the Account to repair and maintain state park facilities and grounds. (NRS 407.0763) This bill allows the Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources, with the approval of the Director, to expend a certain amount of money which represents the principal of the Account.

 


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ê2017 Statutes of Nevada, Page 101 (Chapter 18, AB 490)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 407.0763 is hereby amended to read as follows:

      407.0763  1.  The Account for Maintenance of State Park Facilities and Grounds is hereby created in the State General Fund. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. The money in the Account does not lapse to the State General Fund at the end of any fiscal year.

      2.  The Administrator , with the approval of the Director, may expend the money which represents the principal of the Account and the interest and income earned on the money [in] which represents the principal of the Account to repair and maintain state park facilities and grounds. The Administrator may expend the money which represents the principal of the Account and the interest and income in the Account or allow it to accrue until a sufficient amount is available for repair and maintenance projects. The Administrator shall not expend [the principal of the Account.] more than $2,000,000 during any biennium commencing on July 1 of an odd-numbered year to repair and maintain state park facilities and grounds.

      Sec. 2.  This act becomes effective on July 1, 2017.

________

CHAPTER 19, AB 1

Assembly Bill No. 1–Assemblywoman Carlton

 

CHAPTER 19

 

[Approved: May 15, 2017]

 

AN ACT relating to education; requiring the Board of Regents of the University of Nevada to pay undergraduate fees and expenses of a dependent child of a public employee killed in the performance of his or her duties; authorizing the reimbursement of such fees and expenses for the dependent child of a public employee killed in the performance of his or her duties on or after a certain date; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Board of Regents of the University of Nevada, to the extent money is available, to pay certain fees and expenses associated with undergraduate classes taken at a school within the Nevada System of Higher Education by the dependent child of a public safety officer who was killed in the line of duty. (NRS 396.545) Section 1 of this bill expands the applicability of this provision to include the payment of such fees and expenses for a dependent child of any other public employee who was killed in the performance of his or her duties. Section 1.5 of this bill provides that if a public employee was killed in the performance of his or her duties on or after October 1, 2013, his or her dependent child is eligible to receive reimbursement for any such fees or expenses.

 


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ê2017 Statutes of Nevada, Page 102 (Chapter 19, AB 1)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 396.545 is hereby amended to read as follows:

      396.545  1.  To the extent of money available for this purpose, the Board of Regents shall pay all registration fees, laboratory fees and expenses for required textbooks and course materials assessed against or incurred by a dependent child of a public safety officer who was killed in the line of duty [,] or any other public employee who was killed in the performance of his or her duties, for classes taken towards satisfying the requirements of an undergraduate degree at a school within the System. No such payment may be made for any fee assessed after the child reaches the age of 23 years.

      2.  There is hereby created in the State General Fund a Trust Account for the Education of Dependent Children. The Board of Regents shall administer the Account. The Board of Regents may accept gifts and grants for deposit in the Account. All money held by the State Treasurer or received by the Board of Regents for that purpose must be deposited in the Account. The money in the Account must be invested as the money in other state accounts is invested. After deducting all applicable charges, all interest and income earned on the money in the Account must be credited to the Account. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      3.  For each fiscal year, the Board of Regents shall estimate:

      (a) The amount of money in the Trust Account that is available to make payments pursuant to subsection 1 for that fiscal year; and

      (b) The anticipated amount of such payments for that fiscal year.

Ê If the anticipated amount of payments estimated for the fiscal year exceeds the estimated amount of money available in the Account in the fiscal year for such payments, the Board of Regents may request an allocation from the Contingency Account created in the State General Fund pursuant to NRS 353.266 to cover the projected shortfall.

      4.  As used in this section:

      (a) “Firefighter” means a person who is a salaried employee or volunteer member of a:

             (1) Fire prevention or suppression unit organized by a local government and whose principal duty is to control and extinguish fires; or

             (2) Fire-fighting agency.

      (b) “Fire-fighting agency” has the meaning ascribed to it in NRS 450B.072.

      (c) “Local government” means a county, city, unincorporated town or metropolitan police department.

      (d) “Member of a rescue or emergency medical services crew” means:

             (1) A member of a search and rescue organization in this State under the direct supervision of any county sheriff;

             (2) A person licensed as an attendant pursuant to chapter 450B of NRS if the person is a salaried employee of a public agency and is not retained under contract to perform services for the public agency;

             (3) A person certified as an emergency medical technician, advanced emergency medical technician or paramedic pursuant to chapter 450B of NRS if the person is a salaried employee or volunteer of a public agency and is not retained under contract to perform services for the public agency; or

 


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ê2017 Statutes of Nevada, Page 103 (Chapter 19, AB 1)ê

 

NRS if the person is a salaried employee or volunteer of a public agency and is not retained under contract to perform services for the public agency; or

             (4) A volunteer attendant as that term is defined in NRS 450B.110.

      (e) “Peace officer” means a category I peace officer, category II peace officer or category III peace officer as those terms are defined in NRS 289.460, 289.470 and 289.480, respectively.

      (f) “Public agency” means an agency, bureau, commission, department or division of the State of Nevada or a political subdivision of the State of Nevada that provides police, firefighting, rescue or emergency medical services.

      (g) “Public employee” means any person who performs public duties for compensation paid by or through the State, a county, city, local government or other political subdivision of the State or an agency thereof.

      (h) “Public employee who was killed in the performance of his or her duties” includes, without limitation, a public employee who dies as a result of injuries sustained in the performance of his or her duties.

      (i) “Public safety officer” means a person serving a public agency in an official capacity, with or without compensation, as a peace officer, a firefighter or a member of a rescue or emergency medical services crew.

      (j) “Public safety officer who was killed in the line of duty” includes, without limitation, a public safety officer who dies as a result of injuries sustained in the line of duty.

      Sec. 1.5.  If, during the period beginning on October 1, 2013, and ending on June 30, 2017, a public employee, as defined in section 1 of this act, was killed in the performance of his or her duties, the dependent child of the public employee is eligible to receive reimbursement for any registration fees, laboratory fees or expenses for required textbooks and course materials assessed against or incurred by the dependent child. As soon as practicable on or after July 1, 2017, and to the extent of money available for this purpose, the Board of Regents of the University of Nevada shall reimburse such dependent children for any such fees or expenses.

      Sec. 2.  This act becomes effective on July 1, 2017.

________

CHAPTER 20, AB 17

Assembly Bill No. 17–Committee on Transportation

 

CHAPTER 20

 

[Approved: May 15, 2017]

 

AN ACT relating to rules of the road; revising provisions relating to the duties of a driver when approaching an authorized vehicle of the Department of Transportation which is stopped and making use of certain flashing and other lights; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes certain vehicles used by the Department of Transportation to display a flashing amber warning light on a vehicle or to be equipped with tail lamps that emit a nonflashing blue light in certain circumstances involving: (1) the existence of an unusual traffic hazard; (2) when the vehicle is engaged in construction, maintenance or repair of highways; or (3) when the workers who are performing such construction, maintenance or repair are present.

 


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ê2017 Statutes of Nevada, Page 104 (Chapter 20, AB 17)ê

 

construction, maintenance or repair of highways; or (3) when the workers who are performing such construction, maintenance or repair are present. (NRS 484D.185, 484D.200) Existing law also requires the driver of a vehicle who approaches an authorized emergency vehicle which is stopped and is displaying flashing lights or a tow car which is stopped and is displaying flashing amber warning lights to: (1) decrease his or her speed; (2) proceed with caution; (3) be prepared to stop; and (4) if possible, drive in a lane which is not adjacent to the lane in which the emergency vehicle or tow car is stopped. (NRS 484B.607) Section 1 of this bill applies the same requirements to the driver of a vehicle who approaches an authorized vehicle of the Department of Transportation which is stopped and is displaying flashing amber warning lights or is making use of lamps located toward the rear of the vehicle which emit nonflashing blue light. Existing law makes a violation of these requirements a misdemeanor. (NRS 484B.607) Section 2 of this bill amends existing law to specify that an authorized vehicle used by the Department of Transportation for the construction, maintenance or repair of highways may be equipped with lamps located toward the rear of the vehicle that emit nonflashing blue light.

 

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 484B.607 is hereby amended to read as follows:

      484B.607  1.  Upon approaching an authorized emergency vehicle which is stopped and is making use of flashing lights meeting the requirements of subsection 3 of NRS 484A.480 , [or] a tow car which is stopped and is making use of flashing amber warning lights meeting the requirements of NRS 484B.748 [,] or an authorized vehicle of the Department of Transportation which is stopped and is making use of flashing amber warning lights meeting the requirements of subsection 1 of NRS 484D.185 or lamps that emit nonflashing blue light meeting the requirements of NRS 484D.200, the driver of the approaching vehicle shall, in the absence of other direction given by a peace officer:

      (a) Decrease the speed of the vehicle to a speed that is:

             (1) Reasonable and proper, pursuant to the criteria set forth in subsection 1 of NRS 484B.600; and

             (2) Less than the posted speed limit, if a speed limit has been posted;

      (b) Proceed with caution;

      (c) Be prepared to stop; and

      (d) If possible, drive in a lane that is not adjacent to the lane in which the emergency vehicle , [or] tow car or other vehicle is stopped, unless roadway, traffic, weather or other conditions make doing so unsafe or impossible.

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

      Sec. 2. NRS 484D.200 is hereby amended to read as follows:

      484D.200  An authorized vehicle used by the Department of Transportation for the construction, maintenance or repair of highways may be equipped with [tail] lamps located toward the rear of the vehicle that emit nonflashing blue light which may be used:

      1.  For vehicles that perform construction, maintenance or repair of highways, including, without limitation, vehicles used for the removal of snow, when the vehicle is engaged in such construction, maintenance or repair; and

 


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ê2017 Statutes of Nevada, Page 105 (Chapter 20, AB 17)ê

 

      2.  For all other authorized vehicles of the Department of Transportation used in the construction, maintenance or repair of highways:

      (a) In an area designated as a temporary traffic control zone in which construction, maintenance or repair of a highway is conducted; and

      (b) At a time when the workers who are performing the construction, maintenance or repair of the highway are present.

      Sec. 3.  This act becomes effective on July 1, 2017.

________

CHAPTER 21, AB 85

Assembly Bill No. 85–Committee on Health and Human Services

 

CHAPTER 21

 

[Approved: May 15, 2017]

 

AN ACT relating to education; making mandatory instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator provided by certain public schools and private schools; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires instruction in certain cardiopulmonary resuscitation techniques and the use of an automated external defibrillator to be provided, to the extent money is available, as part of a course of study in health taught to pupils in public middle schools, junior high schools and high schools. (NRS 389.021) Existing law similarly requires such a course of study to be provided at a private secondary school to the extent that money is available for that purpose. Sections 1 and 2 of this bill remove the condition that money is available for that purpose to make such instruction mandatory in those public and private schools. Section 2 of this bill extends this requirement to private schools.

 

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 389.021 is hereby amended to read as follows:

      389.021  1.  The State Board shall adopt regulations establishing courses of study and the grade levels for which the courses of study apply for:

      (a) The academic subjects set forth in NRS 389.018. A course of study in health prescribed pursuant to paragraph (c) of subsection 3 of NRS 389.018 must, [to the extent money is available for this purpose,] for pupils enrolled in middle school, junior high school or high school, including, without limitation, pupils enrolled in those grade levels at a charter school, include instruction in:

             (1) The administration of hands-only or compression-only cardiopulmonary resuscitation, including a psychomotor skill-based component, according to the guidelines of the American Red Cross or American Heart Association; and

             (2) The use of an automated external defibrillator.

      (b) Citizenship and physical training for pupils enrolled in high school.

 


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ê2017 Statutes of Nevada, Page 106 (Chapter 21, AB 85)ê

 

      (c) Physiology, hygiene and, except as otherwise prescribed by paragraph (a), cardiopulmonary resuscitation.

      (d) The prevention of suicide.

      (e) Instruction relating to child abuse.

      (f) The economics of the American system of free enterprise.

      (g) American Sign Language.

      (h) Environmental education.

      (i) Adult roles and responsibilities.

Ê A course of study established for paragraph (a) may include one or more of the subjects listed in paragraphs (b) to (i), inclusive.

      2.  [If a course of study in health in middle school, junior high school or high school includes instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator:

      (a)] A teacher who provides [the] instruction pursuant to paragraph (a) of subsection 1 is not required to hold certification in the administration of cardiopulmonary resuscitation unless required by the board of trustees of the school district pursuant to NRS 391.092 or by the governing body of the charter school.

      [(b)]3.  The board of trustees of the school district , [or] the governing body of the charter school or the governing body of the university school for profoundly gifted pupils may collaborate with entities to assist in the provision of the instruction required pursuant to paragraph (a) of subsection 1 and the provision of equipment necessary for the instruction, including, without limitation, fire departments, hospitals, colleges and universities and public health agencies.

      [(c)]4.  A pupil who is enrolled in a course of study in health through a program of distance education or a pupil with a disability who cannot perform the tasks included in the instruction required pursuant to paragraph (a) of subsection 1 is not required to complete the instruction to pass the course of study in health.

      Sec. 2. NRS 394.130 is hereby amended to read as follows:

      394.130  1.  In order to secure uniform and standard work for pupils in private schools in this State, instruction in the subjects required by law for pupils in the public schools shall be required of pupils receiving instruction in such private schools, either under the regular state courses of study prescribed by the Board or under courses of study prepared by such private schools and approved by the Board.

      2.  A course of study in health provided at a private secondary school must include, [to the extent money is available for this purpose and] for the grade levels determined by the private school, instruction in:

      (a) The administration of hands-only or compression-only cardiopulmonary resuscitation, including a psychomotor skill-based component, according to the guidelines of the American Red Cross or American Heart Association; and

      (b) The use of an automated external defibrillator.

      3.  [If a course of study in health in a private secondary school includes instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator:

      (a)] A teacher who provides [the] instruction required pursuant to subsection 2 is not required to hold certification in the administration of cardiopulmonary resuscitation.

 


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ê2017 Statutes of Nevada, Page 107 (Chapter 21, AB 85)ê

 

      [(b)]4.  The private school may collaborate with entities to assist in the provision of the instruction required pursuant to subsection 2 and the provision of equipment necessary for the instruction, including, without limitation, fire departments, hospitals, colleges and universities and public health agencies.

      [(c)]5.  A pupil who is enrolled in a course of study in health through a program of distance education or a pupil with a disability who cannot perform the tasks included in the instruction required pursuant to subsection 2 is not required to complete the instruction to pass the course of study in health.

      [4.]6.  Such private schools shall be required to furnish from time to time such reports as the Superintendent of Public Instruction may find necessary as to enrollment, attendance and general progress within such schools.

      [5.]7.  Nothing in this section shall be so construed as:

      (a) To interfere with the right of the proper authorities having charge of private schools to give religious instruction to the pupils enrolled therein.

      (b) To give such private schools any right to share in the public school funds apportioned for the support of the public schools of this State.

      Sec. 3.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 4.  This act becomes effective on July 1, 2017.

________

CHAPTER 22, AB 451

Assembly Bill No. 451–Assemblymen Frierson and Benitez-Thompson

 

CHAPTER 22

 

[Approved: May 15, 2017]

 

AN ACT relating to education; requiring a member of the board of trustees of a school district to complete certain training for professional development; requiring the clerk of the board of trustees of a school district to take certain actions relating to the required training; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires each school district of this State to be governed by an elected board of trustees comprised of either five or seven members who serve 4-year terms. (NRS 386.120, 386.150, 386.160, 386.165) Existing law authorizes the board of trustees of a school district to fill a vacancy on the board by appointing a person to serve until the next general election. (NRS 386.270) Section 1 of this bill requires a member of the board of trustees of a school district to complete not less than 6 hours of training for professional development in both the first and third years of their 4-year term. Section 1 provides that this training must include instruction in: (1) laws relating to public records; (2) the Open Meeting Law; (3) laws relating to local government employee-management relations; (4) the laws governing the system of K-12 public schools in this State; (5) laws relating to local government ethics; (6) the identification and prevention of violence in schools; (7) certain financial management topics; (8) the fiduciary duties of a member of the board of trustees of a school district; and (9) laws relating to employment and contracts. Section 1 also requires a member of the board to provide written certification relating to the completion of this training.

 


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ê2017 Statutes of Nevada, Page 108 (Chapter 22, AB 451)ê

 

      Existing law requires the board of trustees of a school district to elect one of its members to serve as clerk of the board or to select another qualified person to serve as clerk. (NRS 386.310) Section 1 of this bill requires the clerk of the board of trustees to: (1) assist the members of the board of trustees with the completion of the training for professional development; and (2) post notice of the failure of a member to complete this training on the Internet website of the board and provide notice of such failure to the other members of the board.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 386 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each person who is elected or appointed to serve as a member of the board of trustees of a school district shall complete training for professional development during the first and third year of the term of the member which must include not less than 6 hours of instruction covering:

      (a) Laws relating to public records, including, without limitation, the provisions of chapter 239 of NRS;

      (b) The Open Meeting Law, including, without limitation, the provisions of chapter 241 of NRS;

      (c) Local government employee-management relations, including, without limitation, the provisions of chapter 288 of NRS;

      (d) The system of K-12 public education in this State, including, without limitation, the provisions of title 34 of NRS;

      (e) Local government ethics, including, without limitation, the provisions of chapter 281A of NRS;

      (f) The manner in which to identify and prevent violence in public schools, including, without limitation, sexual violence;

      (g) Financial management, including, without limitation, information concerning oversight, accountability and audits;

      (h) The fiduciary duties of a member of the board of trustees of a school district, including, without limitation, the provisions of this chapter; and

      (i) Laws relating to employment and contracts.

      2.  A member of the board of trustees of a school district shall provide written certification of completion of the training required by this section to the clerk of the board of trustees.

      3.  If a member fails to complete the training or to provide the written certification of completion which is required by this section, the clerk must post notice of such noncompliance in a conspicuous manner on the Internet website of the board of trustees. The clerk must also provide written notice of the noncompliance to the other members of the board of trustees.

      4.  The clerk of the board of trustees shall assist each member of the board as necessary to complete the training required pursuant to this section.

      Sec. 2.  This act becomes effective on July 1, 2017.

________

 


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ê2017 Statutes of Nevada, Page 109ê

 

CHAPTER 23, SB 201

Senate Bill No. 201–Senators Parks, Ratti, Ford, Atkinson, Spearman; Cancela, Cannizzaro, Denis, Farley, Manendo, Segerblom and Woodhouse

 

Joint Sponsors: Assemblymen Araujo, Carrillo, Carlton, Neal, Cohen; Brooks, Flores, Krasner, Ohrenschall, Swank, Thompson and Yeager

 

CHAPTER 23

 

[Approved: May 17, 2017]

 

AN ACT relating to health care professionals; prohibiting certain health care professionals from providing sexual orientation or gender identity conversion therapy to a minor; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the Legislature has the power to regulate licensed health care professionals for the benefit of the public’s health, safety and welfare and to protect the well-being of patients from ineffective or harmful professional services. (Dent v. West Virginia, 129 U.S. 114, 122-23 (1889); Hawker v. New York, 170 U.S. 189, 191-95 (1898); State ex rel. Kassabian v. State Bd. of Med. Exam’rs, 68 Nev. 455, 463-65 (1951)) In exercising that power, the Legislature has enacted existing laws that regulate homeopathic physicians, advanced practitioners of homeopathy, homeopathic assistants and certain mental health professionals including psychiatrists, psychologists, licensed marriage and family therapists, certain registered nurses and certain licensed clinical or independent social workers. (Chapters 630, 630A, 632, 633 and 641-641B of NRS)

      The purpose of this bill is to protect the well-being of children who are under 18 years of age by prohibiting such licensed health care professionals from providing children with conversion therapies, which are any practices or treatments that seek to change the sexual orientation or gender identity of the children. In section 1 of this bill, the Legislature finds and declares that there is a legitimate and compelling need to protect the well-being of children from the harmful and destructive effects of conversion therapies because such therapies have not been proven to be medically or clinically effective but have been shown to have a high potential to cause substantial harm to the physical and psychological well-being of children who are much more vulnerable to the potentially traumatic effects of such intensive conversion therapies.

      To carry out the Legislature’s objectives, section 1.5 of this bill prohibits homeopathic physicians, advanced practitioners of homeopathy, homeopathic assistants and certain mental health professionals from providing sexual orientation or gender identity conversion therapies to children who are under 18 years of age. However, there is nothing in this bill that regulates or prohibits licensed health care professionals from engaging in expressive speech or religious counseling with such children if the licensed health care professionals: (1) are acting in their pastoral or religious capacity as members of the clergy or as religious counselors; and (2) do not hold themselves out as operating pursuant to their professional licenses when so acting in their pastoral or religious capacity.

      This bill is modeled on similar laws enacted in California and New Jersey. (Cal. Bus. & Prof. Code §§ 865 et seq.; N.J. Stat. Ann. §§ 45:1-54 et seq.) In interpreting those laws, courts have determined that the laws do not regulate or prohibit licensed health care professionals from engaging in expressive speech or religious counseling with children who are under 18 years of age if the licensed health care professionals: (1) are acting in their pastoral or religious capacity as members of the clergy or as religious counselors; and (2) do not hold themselves out as operating pursuant to their professional licenses when so acting in their pastoral or religious capacity.

 


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ê2017 Statutes of Nevada, Page 110 (Chapter 23, SB 201)ê

 

professional licenses when so acting in their pastoral or religious capacity. In addition, courts have also held that the laws: (1) are a constitutional exercise of the legislative power to regulate licensed health care professionals for the benefit of the public’s health, safety and welfare and to protect the well-being of children from ineffective or harmful professional services; (2) do not violate any rights to freedom of speech, association or religion and are not unconstitutionally overbroad or vague under the First and Fourteenth Amendments to the United States Constitution; and (3) do not violate any other fundamental or substantive due process rights of licensed health care professionals or the parents or children who seek their professional services. (Pickup v. Brown, 740 F.3d 1208 (9th Cir. 2014), cert. denied, 134 S.Ct. 2871 and 2881 (2014); Welch v. Brown, 834 F.3d 1041 (9th Cir. 2016), cert. denied, No. 16-845, --- S.Ct. --- (May 1, 2017); King v. Governor of New Jersey, 767 F.3d 216 (3d Cir. 2014), cert. denied, 135 S.Ct. 2048 (2015); Doe v. Governor of New Jersey, 783 F.3d 150 (3d Cir. 2015), cert. denied, 136 S.Ct. 1155 (2016))

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The Legislature hereby finds that:

      (a) For the past several decades, there has been a growing consensus among medical and mental health professionals that conversion therapies, which involve any practices or treatments that seek to change the sexual orientation or gender identity of a patient, also known as reparative therapies or sexual orientation change efforts:

             (1) Have been based on developmental theories whose scientific validity is questionable;

             (2) Have relied on anecdotal reports of cures that have not been tested, substantiated or verified by any rigorous scientific research or peer-reviewed studies; and

             (3) Have not been proven to be medically or clinically effective but have been shown to have a high potential to cause substantial harm to the physical and psychological well-being of the patient, especially children under 18 years of age because they are much more vulnerable to the potentially traumatic effects of such intensive conversion therapies.

      (b) A significant number of well-known and well-respected professional and scientific organizations have publicly denounced or disavowed conversion therapies because of the highly doubtful effectiveness and highly probable harmfulness of such therapies. Such organizations include, without limitation, the American Psychological Association, American Psychiatric Association, American Psychoanalytic Association, American Counseling Association Governing Council, American Medical Association Council on Scientific Affairs, American Academy of Child and Adolescent Psychiatry, American Academy of Pediatrics, American School Counselor Association, National Association of Social Workers and Pan American Health Organization.

      (c) Such organizations have determined that conversion therapies may be particularly harmful or destructive to children because such therapies:

             (1) Aggravate and intensify harmful or destructive feelings, including, without limitation, confusion, depression, guilt, shame, stress, loneliness, helplessness, hopelessness, pointlessness, disappointment, self-blame, self-hatred, low self-esteem, marginalization, dehumanization, hostility, anger, betrayal or loss of faith, belief, interest, concern or motivation; and

 


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ê2017 Statutes of Nevada, Page 111 (Chapter 23, SB 201)ê

 

             (2) Increase the risk of harmful or destructive behaviors, including, without limitation, social withdrawal, isolation, substance abuse, suicide, deception, high-risk sexual behaviors and unlawful behaviors.

      2.  The Legislature hereby declares that there is a legitimate and compelling need to protect the well-being of children who are under 18 years of age from the harmful and destructive effects of conversion therapies by prohibiting certain licensed health care professionals from providing children with conversion therapies because such therapies have not been proven to be medically or clinically effective but have been shown to have a high potential to cause substantial harm to the physical and psychological well-being of children, who are much more vulnerable to the potentially traumatic effects of such intensive conversion therapies.

      Sec. 1.5. Chapter 629 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A psychotherapist shall not provide any conversion therapy to a person who is under 18 years of age regardless of the willingness of the person or his or her parent or legal guardian to authorize such therapy.

      2.  Any violation of subsection 1 is a ground for disciplinary action by a state board that licenses a psychotherapist as defined in subsection 3.

      3.  As used in this section:

      (a) “Conversion therapy” means any practice or treatment that seeks to change the sexual orientation or gender identity of a person, including, without limitation, a practice or treatment that seeks to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward persons of the same gender. The term does not include counseling that:

             (1) Provides assistance to a person undergoing gender transition; or

             (2) Provides acceptance, support and understanding of a person or facilitates a person’s ability to cope, social support and identity exploration and development, including, without limitation, an intervention to prevent or address unlawful conduct or unsafe sexual practices that is neutral as to the sexual-orientation of the person receiving the intervention and does not seek to change the sexual orientation or gender identity of the person receiving the intervention.

      (b) “Psychotherapist” means:

             (1) A psychiatrist licensed to practice medicine in this State pursuant to chapter 630 of NRS;

             (2) A homeopathic physician, advanced practitioner of homeopathy or homeopathic assistant licensed or certified pursuant to chapter 630A of NRS;

            (3) A psychiatrist licensed to practice medicine in this State pursuant to chapter 633 of NRS;

             (4) A psychologist licensed to practice in this State pursuant to chapter 641 of NRS;

             (5) A social worker licensed in this State as an independent social worker or a clinical social worker pursuant to chapter 641B of NRS;

             (6) A registered nurse holding a master’s degree in the field of psychiatric nursing and licensed to practice professional nursing in this State pursuant to chapter 632 of NRS;

             (7) A marriage and family therapist or clinical professional counselor licensed in this State pursuant to chapter 641A of NRS; or

 


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ê2017 Statutes of Nevada, Page 112 (Chapter 23, SB 201)ê

 

             (8) A person who provides counseling services as part of his or her training for any of the professions listed in subparagraphs (1) to (7), inclusive.

      Sec. 2.  This act becomes effective:

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

      2.  On January 1, 2018, for all other purposes.

________

CHAPTER 24, SB 175

Senate Bill No. 175–Senators Hammond; Atkinson, Cancela, Cannizzaro, Ford, Gansert, Hardy, Harris, Manendo, Parks, Roberson and Segerblom

 

Joint Sponsors: Assemblymen Paul Anderson, Bilbray-Axelrod, Brooks, Bustamante Adams, Carrillo, Cohen, Frierson, Fumo, Hambrick, Jauregui, Joiner, Kramer, Krasner, Marchant, McCurdy II, Miller, Monroe-Moreno, Neal, Ohrenschall, Oscarson, Pickard, Spiegel, Thompson, Tolles, Watkins, Wheeler and Yeager

 

CHAPTER 24

 

[Approved: May 18, 2017]

 

AN ACT relating to days of observance; authorizing and requesting the Governor annually to proclaim May 18 to be “Asian Culture Day” in Nevada; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law sets forth certain days of observance in this State to commemorate certain persons or occasions or to publicize information regarding certain important topics. (NRS 236.018-236.085) This bill authorizes and requests the Governor to annually proclaim May 18 to be “Asian Culture Day” in the State of Nevada.

 

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

 

      Whereas, Asians and Asian-Americans were instrumental to the settlement and early development of the State of Nevada; and

      Whereas, The culture and cultural traditions shared by Asians and Asian-Americans in this State, which consist of a diverse range of cultures and traditions from across Asia, have enriched the lives of all of the residents of this State; and

      Whereas, Within the State of Nevada, Asian and Asian-American communities continue to make important contributions to the cultural, religious, political and business environment of the State; and

      Whereas, There are over 17,500 businesses owned by Asians and Asian-Americans within the State, adding to the rich diversity of the cities and counties of this State; and

 

 


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ê2017 Statutes of Nevada, Page 113 (Chapter 24, SB 175)ê

 

      Whereas, The State of Nevada desires to recognize the many contributions of Asians and Asian-Americans to the prosperity and cultural diversity of the State of Nevada and the United States of America; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 236 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Governor shall annually proclaim May 18 to be “Asian Culture Day” in the State of Nevada.

      2.  The proclamation must call upon the news media, educators, business and labor leaders and appropriate governmental officers to bring to the attention of Nevada residents the important contributions of Asians and Asian-Americans to the State of Nevada and the United States of America.

      Sec. 2.  This act becomes effective upon passage and approval.

________

CHAPTER 25, SB 13

Senate Bill No. 13–Committee on Transportation

 

CHAPTER 25

 

[Approved: May 18, 2017]

 

AN ACT relating to motorcycles; abolishing the Advisory Board on Motorcycle Safety; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates an Advisory Board on Motorcycle Safety, whose members are appointed by the Governor. (NRS 486.376) The Board is required to advise and assist the Director of the Department of Public Safety and the Administrator of the Program for the Education of Motorcycle Riders in the development, establishment and maintenance of the Program, and to review the Program regularly and make recommendations to the Director and the Administrator relating to the administration and content of the Program. (NRS 486.377) Section 7 of this bill abolishes the Advisory Board on Motorcycle Safety. Sections 1-6 of this bill make conforming changes.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 480.110 is hereby amended to read as follows:

      480.110  Except as otherwise provided therein, the Department shall execute, administer and enforce, and perform the functions and duties provided in:

 


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ê2017 Statutes of Nevada, Page 114 (Chapter 25, SB 13)ê

 

 

      1.  Chapters 176A and 213 of NRS relating to parole and probation;

      2.  Chapter 414 of NRS relating to emergency management;

      3.  Chapter 414A of NRS;

      4.  Chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs;

      5.  Chapter 459 of NRS relating to the transportation of hazardous materials;

      6.  Chapter 477 of NRS relating to the State Fire Marshal; and

      7.  NRS 486.363 to [486.377,] 486.375, inclusive, relating to the education and safety of motorcycle riders.

      Sec. 2. NRS 481.015 is hereby amended to read as follows:

      481.015  1.  Except as otherwise provided in this subsection, as used in this title, unless the context otherwise requires, “certificate of title” means the document issued by the Department that identifies the legal owner of a vehicle and contains the information required pursuant to subsection 2 of NRS 482.245. The definition set forth in this subsection does not apply to chapters 488 and 489 of NRS.

      2.  Except as otherwise provided in chapter 480 of NRS, NRS 484C.600 to 484C.640, inclusive, 486.363 to [486.377,] 486.375, inclusive, and chapters 486A and 488 of NRS, as used in this title, unless the context otherwise requires:

      (a) “Department” means the Department of Motor Vehicles.

      (b) “Director” means the Director of the Department.

      Sec. 3. NRS 481.023 is hereby amended to read as follows:

      481.023  1.  Except as otherwise provided in this section and in the provisions of law described in this section, the Department shall execute, administer and enforce, and perform the functions and duties provided in:

      (a) Chapter 108 of NRS, and perform such duties and exercise such powers relating to liens on vehicles as may be conferred upon it pursuant to chapter 108 of NRS or the provisions of any other law.

      (b) Chapters 360A, 365, 366, 371 and 373 of NRS, relating to the imposition and collection of taxes on motor fuels.

      (c) Chapters 481, 482 to 486, inclusive, and 487 of NRS, relating to motor vehicles. The Department shall not execute, administer or enforce, or perform the functions or duties provided in NRS 486.363 to [486.377,] 486.375, inclusive, relating to the education and safety of motorcycle riders.

      (d) Chapter 706 of NRS relating to licensing of motor vehicle carriers and the use of public highways by those carriers.

      (e) The provisions of NRS 426.401 to 426.461, inclusive.

      2.  The Department shall perform such other duties and exercise such other powers as may be conferred upon the Department.

      Sec. 4. NRS 486.363 is hereby amended to read as follows:

      486.363  As used in NRS 486.363 to [486.377,] 486.375, inclusive, unless the context otherwise requires, the words and terms defined in NRS 486.365, 486.367 and 486.370 have the meanings ascribed to them in those sections.

      Sec. 5. NRS 486.372 is hereby amended to read as follows:

      486.372  1.  The Director shall:

      (a) Establish the Program for the Education of Motorcycle Riders.

      (b) Appoint an Administrator to carry out the Program.

 


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ê2017 Statutes of Nevada, Page 115 (Chapter 25, SB 13)ê

 

 

      (c) [Consult regularly with the Advisory Board on Motorcycle Safety concerning the content and implementation of the Program.

      (d)] Approve courses of instruction provided by public or private organizations which comply with the requirements established for the Program.

      [(e)](d) Adopt rules and regulations which are necessary to carry out the Program.

      2.  The Director may contract for the provision of services necessary for the Program.

      3.  The Account for the Program for the Education of Motorcycle Riders is hereby created in the State General Fund. The Director shall administer the Account.

      4.  The money in the Account for the Program for the Education of Motorcycle Riders may only be used to pay the expenses of the Program, including reimbursement to instructors licensed pursuant to NRS 486.375 for services provided for the Program.

      5.  The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

      6.  Any money remaining in the Account for the Program for the Education of Motorcycle Riders at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      Sec. 6.  The term of each member of the Advisory Board on Motorcycle Safety expires on July 1, 2017.

      Sec. 7. NRS 486.376 and 486.377 are hereby repealed.

      Sec. 8.  This act becomes effective on July 1, 2017.

________

CHAPTER 26, SB 42

Senate Bill No. 42–Committee on Judiciary

 

CHAPTER 26

 

[Approved: May 18, 2017]

 

AN ACT relating to justices of the peace; revising the date on which the board of county commissioners of each county is required to set the compensation for justices of the peace; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the board of county commissioners of each county to fix the compensation for justices of the peace in July of any year in which an election of justices of the peace is held. (NRS 4.040) This bill revises the date for the board of county commissioners of each county to fix the compensation for justices of the peace from July of any year in which an election of justices of the peace is held to December of any year immediately preceding a year in which an election of justices of the peace is held.

 


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ê2017 Statutes of Nevada, Page 116 (Chapter 26, SB 42)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 4.040 is hereby amended to read as follows:

      4.040  1.  The several boards of county commissioners of each county, at the regular meeting in [July] December of any year immediately preceding a year in which an election of justices of the peace is held, shall fix the minimum compensation of the justices of the peace within their respective townships for the ensuing term, either by stated salaries, payable monthly, semimonthly or at regular 2-week intervals, or by fees, as provided by law, or both, and they may thereafter increase or change such compensation during the term but shall not reduce it below the minimum so established.

      2.  If it becomes necessary to appoint a justice of the peace at any time, the board of county commissioners in the county in which such appointment is made shall fix the compensation, either by salary or by fees, as provided by law, or both, for the term for which the justice of the peace is appointed.

      Sec. 2.  This act becomes effective upon passage and approval.

________

CHAPTER 27, SB 45

Senate Bill No. 45–Committee on Government Affairs

 

CHAPTER 27

 

[Approved: May 18, 2017]

 

AN ACT relating to public works; revising provisions relating to the periodic inspections of state buildings and facilities by the State Public Works Division of the Department of Administration; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the State Public Works Division of the Department of Administration is required to periodically inspect all state buildings and physical plant facilities at state institutions, including all buildings at the University of Nevada, Reno, and the University of Nevada, Las Vegas. (NRS 341.128) This bill clarifies that the Division is only required to perform periodic inspections of buildings and physical plant facilities owned by the State. This bill also eliminates the requirement that the Division periodically inspect all buildings at the state universities and specifically exempts all buildings and physical plant facilities owned by any part of the Nevada System of Higher Education from the requirement of periodic inspections by the Division.

 


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ê2017 Statutes of Nevada, Page 117 (Chapter 27, SB 45)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 341.128 is hereby amended to read as follows:

      341.128  1.  The Division shall periodically inspect all [state] buildings [periodically, including all buildings at the University of Nevada, Reno, and at the University of Nevada, Las Vegas,] owned by the State and all physical plant facilities at all [state] institutions [.] owned by the State, except any building or physical plant facility owned by any component of the Nevada System of Higher Education.

      2.  Reports of all inspections, including findings and recommendations, must be submitted to the appropriate state agencies and, if the Division finds any matter of serious concern in a report, it shall submit that report to the Legislative Commission.

      Sec. 2.  This act becomes effective upon passage and approval.

________

CHAPTER 28, SB 16

Senate Bill No. 16–Committee on Transportation

 

CHAPTER 28

 

[Approved: May 18, 2017]

 

AN ACT relating to the Department of Public Safety; changing the name of the General Services Division to the Records, Communications and Compliance Division; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law the Department of Public Safety includes a General Services Division. (NRS 480.130) The General Services Division provides various services for the Department, including certain duties regarding the Central Repository for Nevada Records of Criminal History, which is within the Division. (NRS 179A.075, 480.140) Section 1 of this bill changes the name of the General Services Division to the Records, Communications and Compliance Division, and sections 2 and 3 of this bill make conforming changes.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 480.130 is hereby amended to read as follows:

      480.130  The Department consists of:

      1.  An Investigation Division;

      2.  A Nevada Highway Patrol Division;

 


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ê2017 Statutes of Nevada, Page 118 (Chapter 28, SB 16)ê

 

 

      3.  A Division of Emergency Management;

      4.  A State Fire Marshal Division;

      5.  A Division of Parole and Probation;

      6.  A Capitol Police Division;

      7.  A Training Division; and

      8.  A [General Services] Records, Communications and Compliance Division.

      Sec. 2. NRS 480.140 is hereby amended to read as follows:

      480.140  The primary functions and responsibilities of the divisions of the Department are as follows:

      1.  The Investigation Division shall:

      (a) Execute, administer and enforce the provisions of chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs;

      (b) Assist the Secretary of State in carrying out an investigation pursuant to NRS 293.124; and

      (c) Perform such duties and exercise such powers as may be conferred upon it pursuant to this chapter and any other specific statute.

      2.  The Nevada Highway Patrol Division shall, in conjunction with the Department of Motor Vehicles, execute, administer and enforce the provisions of chapters 484A to 484E, inclusive, of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to NRS 480.360 and any other specific statute.

      3.  The Division of Emergency Management shall execute, administer and enforce the provisions of chapters 414 and 414A of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapters 414 and 414A of NRS and any other specific statute.

      4.  The State Fire Marshal Division shall execute, administer and enforce the provisions of chapter 477 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 477 of NRS and any other specific statute.

      5.  The Division of Parole and Probation shall execute, administer and enforce the provisions of chapters 176A and 213 of NRS relating to parole and probation and perform such duties and exercise such powers as may be conferred upon it pursuant to those chapters and any other specific statute.

      6.  The Capitol Police Division shall assist in the enforcement of subsection 1 of NRS 331.140.

      7.  The Training Division shall provide training to the employees of the Department.

      8.  The [General Services] Records, Communications and Compliance Division shall:

      (a) Execute, administer and enforce the provisions of chapter 179A of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 179A of NRS and any other specific statute;

      (b) Provide dispatch services for the Department and other agencies as determined by the Director;

      (c) Maintain records of the Department as determined by the Director; and

      (d) Provide support services to the Director, the divisions of the Department and the Nevada Criminal Justice Information System as may be imposed by the Director.

 


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ê2017 Statutes of Nevada, Page 119 (Chapter 28, SB 16)ê

 

      Sec. 3. NRS 179A.075 is hereby amended to read as follows:

      179A.075  1.  The Central Repository for Nevada Records of Criminal History is hereby created within the [General Services] Records, Communications and Compliance Division of the Department.

      2.  Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

      (a) Collect and maintain records, reports and compilations of statistical data required by the Department; and

      (b) Submit the information collected to the Central Repository in the manner approved by the Director of the Department.

      3.  Each agency of criminal justice shall submit the information relating to records of criminal history that it creates, issues or collects, and any information in its possession relating to the DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913, to the Division. The information must be submitted to the Division:

      (a) Through an electronic network;

      (b) On a medium of magnetic storage; or

      (c) In the manner prescribed by the Director of the Department,

Ê within 60 days after the date of the disposition of the case. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division. The Division shall delete all references in the Central Repository relating to that particular arrest.

      4.  The Division shall, in the manner prescribed by the Director of the Department:

      (a) Collect, maintain and arrange all information submitted to it relating to:

             (1) Records of criminal history; and

             (2) The DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913.

      (b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him or her.

      (c) Upon request, provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department.

      (d) Upon request, provide, in paper or electronic form, the information that is contained in the Central Repository to a multidisciplinary team to review the death of the victim of a crime that constitutes domestic violence organized or sponsored by the Attorney General pursuant to NRS 228.495.

      5.  The Division may:

      (a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;

      (b) Enter into cooperative agreements with repositories of the United States and other states to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and

      (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints or other biometric identifier the Central Repository submits to the Federal Bureau of Investigation and:

 


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             (1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

             (2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;

             (3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers’ Standards and Training Commission;

             (4) For whom such information is required or authorized to be obtained pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.123 and 449.4329; or

             (5) About whom any agency of the State of Nevada or any political subdivision thereof is authorized by law to have accurate personal information for the protection of the agency or the persons within its jurisdiction.

      6.  To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to subsection 5, the Central Repository must receive:

      (a) The person’s complete set of fingerprints for the purposes of:

             (1) Booking the person into a city or county jail or detention facility;

             (2) Employment;

             (3) Contractual services; or

             (4) Services related to occupational licensing;

      (b) One or more of the person’s fingerprints for the purposes of mobile identification by an agency of criminal justice; or

      (c) Any other biometric identifier of the person as it may require for the purposes of:

             (1) Arrest; or

             (2) Criminal investigation,

Ê from the agency of criminal justice or agency of the State of Nevada or any political subdivision thereof and submit the received data to the Federal Bureau of Investigation for its report.

      7.  The Central Repository shall:

      (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

      (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

      (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.

      (d) Investigate the criminal history of any person who:

             (1) Has applied to the Superintendent of Public Instruction for the issuance or renewal of a license;

             (2) Has applied to a county school district, charter school or private school for employment; or

             (3) Is employed by a county school district, charter school or private school,

Ê and notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

 


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violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

      (e) Upon discovery, notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:

             (1) Investigated pursuant to paragraph (d); or

             (2) Employed by a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,

Ê who the Central Repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the Central Repository’s initial investigation. The superintendent of each county school district, the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district, charter school or private school, as applicable, is appropriate.

      (f) Investigate the criminal history of each person who submits one or more fingerprints or other biometric identifier or has such data submitted pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.122, 449.123 or 449.4329.

      (g) On or before July 1 of each year, prepare and post on the Central Repository’s Internet website an annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be posted to the Central Repository’s Internet website throughout the year regarding specific areas of crime if they are approved by the Director of the Department.

      (h) On or before July 1 of each year, prepare and post on the Central Repository’s Internet website a report containing statistical data about domestic violence in this State.

      (i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2 and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

      (j) Adopt regulations governing biometric identifiers and the information and data derived from biometric identifiers, including, without limitation:

             (1) Their collection, use, safeguarding, handling, retention, storage, dissemination and destruction; and

             (2) The methods by which a person may request the removal of his or her biometric identifiers from the Central Repository and any other agency where his or her biometric identifiers have been stored.

      8.  The Central Repository may:

      (a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.

      (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department.

 


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Identification Team of the Division of Emergency Management of the Department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.

      (c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.

      9.  As used in this section:

      (a) “Biometric identifier” means a fingerprint, palm print, scar, bodily mark, tattoo, voiceprint, facial image, retina image or iris image of a person.

      (b) “Mobile identification” means the collection, storage, transmission, reception, search, access or processing of a biometric identifier using a handheld device.

      (c) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:

             (1) The name, driver’s license number, social security number, date of birth and photograph or computer-generated image of a person; and

             (2) A biometric identifier of a person.

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

      Sec. 4.  Notwithstanding any other provision of law to the contrary, the Records, Communications and Compliance Division of the Department of Public Safety shall be deemed the successor entity of the General Services Division of the Department of Public Safety.

      Sec. 5.  1.  Any contracts or other agreements entered into by an officer or entity whose name has been changed pursuant to the provisions of this act are binding upon the officer or entity to which the responsibility for the administration of the provision of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or entity to which the responsibility for the enforcement of the provisions of the contract or other agreements has been transferred.

      2.  Any action taken by an officer or entity whose name has been changed pursuant to the provisions of this act remains in effect as if taken by the officer or entity to which the responsibility for the enforcement of such actions has been transferred.

      Sec. 6.  The Legislative Counsel shall:

      1.  In preparing the Nevada Revised Statutes, use the authority set forth in subsection 10 of NRS 220.120 to substitute appropriately the name of any agency or officer of the State whose name is changed by this act for the name for which the agency or officer previously used; and

      2.  In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

      Sec. 7.  This act becomes effective on July 1, 2017.

________

 


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CHAPTER 29, SB 22

Senate Bill No. 22–Committee on Government Affairs

 

CHAPTER 29

 

[Approved: May 18, 2017]

 

AN ACT relating to governmental administration; revising provisions relating to certain powers and duties of the Office of Finance and the Department of Administration; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      During the 2015 Regular Legislative Session, the Budget Division and the Division of Internal Audits were transferred from the Department of Administration to the newly created Office of Finance in the Office of the Governor. (Chapter 343, Statutes of Nevada 2015, p. 1921) This bill makes various changes to existing law to carry out the reorganization of the Department of Administration.

      Section 1 of this bill transfers the duty to serve as Clerk of the State Board of Examiners from the Chief of the Budget Division of the Office of Finance to the Director of the Office of Finance. Section 1 also authorizes the Director to delegate any of the duties related to serving as Clerk to his or her Deputy Director, whom the Director appoints pursuant to section 27 of this bill.

      Under existing law, the Director of the Office of Finance is required to prepare annually a statewide cost allocation plan that distributes the indirect costs of service agencies among the agencies of the Executive Department of the State Government. (NRS 353.331) Sections 2 and 28 of this bill transfer this duty to the Administrator of the Administrative Services Division of the Department of Administration and require the Chief of the Budget Division of the Office of Finance to review and approve the plan.

      Existing law requires a state agency that is authorized to enter into an installment-purchase or lease-purchase agreement relating to real property to submit a copy of the proposed and final agreements to certain persons. (NRS 353.550, 353.600, 353.610) Sections 3-5 of this bill add the Director of the Department of Administration to the list of persons to whom copies of those agreements are required to be submitted.

      The Department of Administration is required under existing law to contract annually for the services of an independent contractor to provide projections of the number of persons who will be imprisoned, on probation, on parole and in residential confinement in Nevada. (NRS 176.0129) Sections 6 and 7 of this bill transfer this duty to contract to the Office of Finance.

      Under existing law, the victims of certain crimes, the dependents of those victims and certain members of the victim’s household or immediate family are authorized to apply to the State Board of Examiners for compensation from the Fund for the Compensation of Victims of Crime for certain expenses and losses. (NRS 217.005, 217.010-217.270) Sections 8-26 of this bill transfer the authority to appoint compensation officers and administer the compensation program from the Clerk of the State Board of Examiners to the Department of Administration.

      Existing law requires the Director of the Office of Finance to appoint a Chief of the Budget Division and an Administrator of the Division of Internal Audits. (NRS 223.430, 223.440) Section 27 of this bill requires the Director to also appoint a Deputy Director.

      Under existing law, the Budget Division of the Office of Finance is required quarterly to review all overtime worked by employees of the Executive Department of the State Government and report that information to the State Board of Examiners. (NRS 284.180) Section 29 of this bill requires the Division of Human Resource Management of the Department of Administration to prepare and submit a report quarterly to the Budget Division concerning the amount of overtime worked by employees of the Executive Department.

 


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      Existing law requires: (1) each state officer, department, agency, board and commission to maintain an inventory of all real property leased to the State; and (2) the Division of State Lands of the State Department of Conservation and Natural Resources, the Department of Transportation and the State Public Works Division of the Department of Administration to maintain an inventory of all real property owned by the State. The inventories are required to be provided annually to the Administrator of the State Public Works Division of the Department of Administration, who is required to post the information on an Internet website maintained by the State unless the information is deemed confidential for the purpose of maintaining public safety. (NRS 331.110) Section 30 of this bill transfers the authority to deem the information confidential from the Chief of the Budget Division of the Office of Finance to the Director of the Department of Administration.

 

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 353.190 is hereby amended to read as follows:

      353.190  1.  In addition to his or her other duties, the [Chief] Director of the Office of Finance is ex officio Clerk of the State Board of Examiners. Except as otherwise provided in subsection 4 of NRS 41.036, the [Chief] Director shall:

      (a) Assist the State Board of Examiners in the examination and classification of all the claims required to be presented to the Board pursuant to NRS 353.090.

      (b) Conduct a postaudit of claims that have been presented to the Board in the manner prescribed in the regulations adopted pursuant to NRS 353.090.

      (c) Approve, on behalf of and when authorized by the Board, claims against the State not required to be passed upon by the Legislature.

      (d) Each calendar quarter, provide to the Board a report of his or her determinations regarding any claims, refunds or other payments the Board has authorized the [Chief] Director to approve on its behalf.

      2.  The rules of procedure governing the duties of the [Chief] Director pursuant to this section must be adopted by the State Board of Examiners.

      3.  The [Chief] Director may delegate these duties to [his or her Deputy.] the Deputy Director of the Office of Finance.

      Sec. 2. NRS 353.331 is hereby amended to read as follows:

      353.331  The [Director of the Office of Finance] Administrator of the Administrative Services Division of the Department of Administration shall annually prepare and submit to the Chief of the Budget Division of the Office of Finance a statewide cost allocation plan distributing service agency indirect costs among the various agencies in accordance with the principles and procedures established by federal regulations and guidelines. The Chief of the Budget Division shall review, revise as necessary and approve the plan.

      Sec. 3. NRS 353.550 is hereby amended to read as follows:

      353.550  1.  A state agency may propose a project to acquire real property, an interest in real property or an improvement to real property through an agreement which has a term, including the terms of any options for renewal, that extends beyond the biennium in which the agreement is executed if the agreement:

 


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      (a) Provides that all obligations of the State of Nevada and the state agency are extinguished by the failure of the Legislature to appropriate money for the ensuing fiscal year for payments due pursuant to the agreement;

      (b) Does not encumber any property of the State of Nevada or the state agency except for the property that is the subject of the agreement;

      (c) Provides that property of the State of Nevada and the state agency, except for the property that is the subject of the agreement, must not be forfeited if:

             (1) The Legislature fails to appropriate money for payments due pursuant to the agreement; or

             (2) The State of Nevada or the state agency breaches the agreement;

      (d) Prohibits certificates of participation in the agreement; and

      (e) For the biennium in which it is executed, does not require payments that are greater than the amount authorized for such payments pursuant to the applicable budget of the state agency.

      2.  The provisions of paragraph (d) of subsection 1 may be waived by the Board, upon the recommendation of the State Treasurer, if the Board determines that waiving those provisions:

      (a) Is in the best interests of this State; and

      (b) Complies with federal securities laws.

      3.  Before an agreement proposed pursuant to subsection 1 may become effective:

      (a) The proposed project must be approved by the Legislature by concurrent resolution or statute or as part of the budget of the state agency, or by the Interim Finance Committee when the Legislature is not in regular session;

      (b) The agency must submit the proposed agreement to the Chief, the Director of the Department of Administration, the State Treasurer and the State Land Registrar for their review and transmittal to the Board;

      (c) The Board must approve the proposed agreement; and

      (d) The Governor must execute the agreement.

      Sec. 4. NRS 353.600 is hereby amended to read as follows:

      353.600  1.  Except as otherwise provided in this section, if an agreement pursuant to NRS 353.500 to 353.630, inclusive, involves an improvement to property owned by the State of Nevada or the state agency, the State Land Registrar, in consultation with the State Treasurer and in conjunction with the agreement, upon approval of the State Board of Examiners, may enter into a lease of the property to which the improvement will be made if the lease:

      (a) Has a term of 35 years or less; and

      (b) Provides for rental payments that approximate the fair market rental of the property before the improvement is made, as determined by the State Land Registrar in consultation with the State Treasurer at the time the lease is entered into, which must be paid if the agreement terminates before the expiration of the lease because the Legislature fails to appropriate money for payments due pursuant to the agreement.

      2.  A lease entered into pursuant to this section may provide for nominal rental payments to be paid pursuant to the lease before the agreement terminates.

      3.  Before the State Land Registrar may enter into a lease pursuant to this section:

 


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      (a) The State Land Registrar must submit the proposed lease to the Chief , the Director of the Department of Administration and the State Treasurer for their review and transmittal to the Board; and

      (b) The Board must approve the lease.

      Sec. 5. NRS 353.610 is hereby amended to read as follows:

      353.610  Immediately after an agreement is executed pursuant to NRS 353.550, the state agency on whose behalf the agreement was executed shall file with the Chief , the Director of the Department of Administration and the State Treasurer:

      1.  A fully executed copy of the agreement; and

      2.  A schedule of payments that indicates the principal and interest payments due throughout the term of the agreement.

      Sec. 6. NRS 176.0127 is hereby amended to read as follows:

      176.0127  1.  The Department of Corrections shall:

      (a) Provide the Commission with any available statistical information or research requested by the Commission and assist the Commission in the compilation and development of information requested by the Commission, including, but not limited to, information or research concerning the facilities and institutions of the Department of Corrections, the offenders who are or were within those facilities or institutions, rates of recidivism, the effectiveness of educational and vocational programs and the sentences which are being served or were served by those offenders;

      (b) If requested by the Commission, make available to the Commission the use of the computers and programs which are owned by the Department of Corrections; and

      (c) Provide the independent contractor retained [by the Department of Administration] pursuant to NRS 176.0129 with any available statistical information requested by the independent contractor for the purpose of performing the projections required by NRS 176.0129.

      2.  The Division shall:

      (a) Provide the Commission with any available statistical information or research requested by the Commission and assist the Commission in the compilation and development of information concerning sentencing, probation, parole and any offenders who are or were subject to supervision by the Division;

      (b) If requested by the Commission, make available to the Commission the use of the computers and programs which are owned by the Division; and

      (c) Provide the independent contractor retained [by the Department of Administration] pursuant to NRS 176.0129 with any available statistical information requested by the independent contractor for the purpose of performing the projections required by NRS 176.0129.

      Sec. 7. NRS 176.0129 is hereby amended to read as follows:

      176.0129  The [Department of Administration] Office of Finance shall, on an annual basis, contract for the services of an independent contractor, in accordance with the provisions of NRS 333.700, to:

      1.  Review sentences imposed in this State and the practices of the State Board of Parole Commissioners and project annually the number of persons who will be:

      (a) In a facility or institution of the Department of Corrections;

      (b) On probation;

      (c) On parole; and

      (d) Serving a term of residential confinement,

 


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Ê during the 10 years immediately following the date of the projection; and

      2.  Review preliminary proposals and information provided by the Commission and project annually the number of persons who will be:

      (a) In a facility or institution of the Department of Corrections;

      (b) On probation;

      (c) On parole; and

      (d) Serving a term of residential confinement,

Ê during the 10 years immediately following the date of the projection, assuming the preliminary proposals were recommended by the Commission and enacted by the Legislature.

      Sec. 8. NRS 179A.090 is hereby amended to read as follows:

      179A.090  No agency of criminal justice in Nevada may disseminate any record of criminal history which includes information about a felony or a gross misdemeanor without first making inquiry of the Central Repository, to obtain the most current and complete information available, unless:

      1.  The information is needed for a purpose in the administration of criminal justice for which time is essential, and the Central Repository is not able to respond within the required time;

      2.  The full information requested and to be disseminated relates to specific facts or incidents which are within the direct knowledge of an officer, agent or employee of the agency which disseminates the information;

      3.  The full information requested and to be disseminated was received as part of a summary of records of criminal history from the Central Repository within 30 days before the information is disseminated;

      4.  The statute, executive order, court rule or court order under which the information is to be disseminated refers only to information which is in the files of the agency which makes the dissemination;

      5.  The information requested and to be disseminated is for the express purpose of research, evaluation or statistical activities to be based upon information maintained in the files of the agency or agencies from which the information is sought; or

      6.  The information is requested by a compensation officer [of the State Board of Examiners] pursuant to NRS 217.090.

      Sec. 9. Chapter 217 of NRS is hereby amended by adding thereto the provisions set forth as sections 10 and 11 of this act.

      Sec. 10. “Department” means the Department of Administration.

      Sec. 11. “Director” means the Director of the Department.

      Sec. 12. NRS 217.005 is hereby amended to read as follows:

      217.005  The [Clerk of the Board] Department of Administration may prepare and disseminate information describing the benefits available pursuant to this chapter to victims of crime.

      Sec. 13. NRS 217.020 is hereby amended to read as follows:

      217.020  As used in NRS 217.010 to 217.270, inclusive, and sections 10 and 11 of this act, unless the context otherwise requires, the words and terms defined in NRS 217.025 to 217.070, inclusive, and sections 10 and 11 of this act have the meanings ascribed to them in those sections.

      Sec. 14. NRS 217.025 is hereby amended to read as follows:

      217.025  “Appeals officer” means an appeals officer of the Department . [of Administration.]

      Sec. 15. NRS 217.033 is hereby amended to read as follows:

      217.033  “Compensation officer” means a compensation officer [of the Department of Administration.] appointed pursuant to NRS 217.090.

 


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      Sec. 16. NRS 217.045 is hereby amended to read as follows:

      217.045  “Hearing officer” means a hearing officer of the Department . [of Administration.]

      Sec. 17. NRS 217.090 is hereby amended to read as follows:

      217.090  1.  The [Clerk of the Board] Director shall appoint one or more compensation officers.

      2.  A compensation officer shall:

      (a) Conduct an investigation to determine the eligibility of the applicant for aid, including but not limited to:

             (1) Compiling bills and medical reports from physicians who have treated the victim for his or her injury;

             (2) Obtaining from the victim a signed affidavit indicating the amount of any wages allegedly lost because of the injury and verifying that information with the employer of the victim;

             (3) Obtaining and reviewing reports of peace officers and statements of witnesses; and

             (4) Determining the availability to the applicant of any insurance benefits or other source from which the applicant is eligible to be compensated on account of his or her injuries or the death of the victim.

      (b) After completing the investigation, make a determination of eligibility and render a written decision, including an order directing payment of compensation, if compensation is due.

      3.  Each compensation officer appointed [by the Board] pursuant to subsection 1 must receive at least 8 hours of instruction concerning the methods used to interview victims of crime before the compensation officer may conduct interviews as a compensation officer.

      Sec. 18. NRS 217.100 is hereby amended to read as follows:

      217.100  1.  Any person eligible for compensation under the provisions of NRS 217.010 to 217.270, inclusive, and sections 10 and 11 of this act may apply to the [Board] Director for such compensation. Where the person entitled to make application is:

      (a) A minor, the application may be made on his or her behalf by a parent or guardian.

      (b) Mentally incompetent, the application may be made on his or her behalf by a parent, guardian or other person authorized to administer his or her estate.

      2.  The applicant must submit with his or her application the reports, if reasonably available, from all physicians who, at the time of or subsequent to the victim’s injury or death, treated or examined the victim in relation to the injury for which compensation is claimed.

      Sec. 19. NRS 217.102 is hereby amended to read as follows:

      217.102  A resident who is a victim of a crime that occurred in a state other than the State of Nevada may apply to the [Board] Director for compensation if:

      1.  The state in which the crime occurred does not have a program for compensating victims of crime for their injuries; or

      2.  The resident is ineligible to receive compensation under the program of the other state.

      Sec. 20. NRS 217.112 is hereby amended to read as follows:

      217.112  1.  An applicant who is subject to the provisions of this chapter may request a hearing before a hearing officer on any matter within the hearing officer’s authority.

 


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the hearing officer’s authority. The compensation officer shall provide with his or her decision the necessary information for requesting such a hearing.

      2.  An applicant aggrieved by a compensation officer’s decision may appeal the decision by filing a request for a hearing before a hearing officer. Such a request must be filed within 15 days after the decision was mailed by the [Clerk] Director or compensation officer.

      3.  Failure to file a request for a hearing within the period specified in subsection 2 may be excused if the applicant shows by a preponderance of the evidence that the applicant did not receive the notice of the decision and the information necessary to request a hearing.

      4.  The applicant shall notify the compensation officer and the hearing officer in writing of a change of address within a reasonable time after that change.

      Sec. 21. NRS 217.117 is hereby amended to read as follows:

      217.117  1.  The applicant or [Clerk of the Board] the Director may, within 15 days after the hearing officer renders a decision, appeal the decision to an appeals officer. The appeals officer may hold a hearing or render a decision without a hearing. If the appeals officer holds a hearing, the appeals officer must give notice to the applicant, hold the hearing within 30 days after the notice, and render a decision in the case within 15 days after the hearing. The appeals officer shall render a decision in each case within 30 days after receiving the appeal and the record if a hearing is not held. The appeals officer may affirm, modify or reverse the decision of the hearing officer.

      2.  The appeals officer has the same powers as are vested in the hearing officer pursuant to NRS 217.113.

      3.  The applicant or [Clerk of the Board] the Director may, within 15 days after the appeals officer renders a decision, appeal the decision to the Board. The Board shall consider the appeal on the record at its next scheduled meeting if the appeal and the record are received by the Board at least 5 days before the meeting. Within 15 days after the meeting the Board shall render its decision in the case or give notice to the applicant that a hearing will be held. The hearing must be held within 30 days after the notice is given and the Board shall render its decision in the case within 15 days after the hearing. The Board may affirm, modify or reverse the decision of the appeals officer.

      4.  The decision of the Board is final and not subject to judicial review.

      Sec. 22. NRS 217.130 is hereby amended to read as follows:

      217.130  [In the performance of its functions,] With the approval of the Board , the Director may adopt, rescind and amend rules and regulations prescribing the procedures to be followed in the filing of applications and proceedings under NRS 217.010 to 217.270, inclusive, and sections 10 and 11 of this act and for such other matters as the [Board] Director deems appropriate.

      Sec. 23. NRS 217.150 is hereby amended to read as follows:

      217.150  [The] With the approval of the Board , the Director shall, so far as practicable, formulate standards for the uniform application of NRS 217.010 to 217.270, inclusive, and sections 10 and 11 of this act by the compensation officers in the determination of the amount of any compensation payable pursuant to NRS 217.010 to 217.270, inclusive [.] and sections 10 and 11 of this act. The standards must take into consideration rates and amounts of compensation payable for injuries and death under other laws of this state and of the United States.

 


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rates and amounts of compensation payable for injuries and death under other laws of this state and of the United States.

      Sec. 24. NRS 217.240 is hereby amended to read as follows:

      217.240  An applicant who accepts an award does so under the following conditions:

      1.  The State of Nevada is immediately subrogated in the amount of the award to any right of action or recovery the applicant may have against any party, and that right of subrogation may be diminished for attorney’s fees and other costs of litigation in obtaining a recovery from another source; and

      2.  If recovery from any source is obtained for damages caused by the crime, the applicant shall promptly notify the Director [of the Office of Finance] of the source and amount of that recovery, and shall promptly pay to the Board the lesser of the amount of the award made pursuant to this chapter or the amount recovered less attorney’s fees and costs. The duty of notice and payment pursuant to this subsection continues until the amount of the award has been repaid to the State of Nevada.

      Sec. 25. NRS 217.250 is hereby amended to read as follows:

      217.250  The [Board] Department shall prepare and transmit biennially to the Legislature a report of its activities, including:

      1.  The amount of compensation awarded;

      2.  The number of applicants;

      3.  The number of applicants who were denied compensation; and

      4.  The average length of time taken to award compensation, from the date of receipt of the application to the date of the payment of compensation.

      Sec. 26. NRS 217.260 is hereby amended to read as follows:

      217.260  1.  Money for payment of compensation as ordered by the Board and for payment of salaries and other expenses incurred by the Department [of Administration] pursuant to NRS 217.010 to 217.270, inclusive, and sections 10 and 11 of this act must be paid from the Fund for the Compensation of Victims of Crime, which is hereby created. Money in the Fund must be disbursed on the order of the Board in the same manner as other claims against the State are paid and in accordance with the rules and regulations adopted [by the Board] pursuant to NRS 217.130. Such rules and regulations must include, without limitation, the requirements that:

      (a) Claims be categorized as to their priority; and

      (b) Claims categorized as the highest priority be paid, in whole or in part, before other claims.

      2.  The [Board] Department shall [estimate] prepare and submit quarterly [:] to the Board, for its approval, estimates of:

      (a) The revenue in the Fund which is available for the payment of compensation; and

      (b) The anticipated expenses for the next quarter.

      3.  Money deposited in the Fund which is recovered from a forfeiture of assets pursuant to NRS 200.760 and the interest and income earned on that money must be used for the counseling and medical treatment of victims of crimes committed in violation of NRS 200.366, 200.710, 200.720, 200.725, 200.730 or 201.230.

      4.  The interest and income earned on the money in the Fund for the Compensation of Victims of Crime, after deducting any applicable charges, must be credited to the Fund.

 


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ê2017 Statutes of Nevada, Page 131 (Chapter 29, SB 22)ê

 

      5.  Any money remaining in the Fund for the Compensation of Victims of Crime at the end of each fiscal year does not revert to the State General Fund and must be carried over into the next fiscal year.

      Sec. 27. Chapter 223 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Director of the Office of Finance shall appoint a Deputy Director of the Office.

      2.  The Deputy Director:

      (a) Serves at the pleasure of the Director;

      (b) Is in the unclassified service of the State; and

      (c) Except as otherwise provided in NRS 284.143, shall devote his or her entire time and attention to the business of the Office of Finance and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 28. NRS 228.113 is hereby amended to read as follows:

      228.113  1.  The Attorney General may charge all state agencies which are not supported entirely from the State General Fund for all services his or her office provides to those agencies, to the extent that the cost of such services is not included in the budget of the Office of the Attorney General.

      2.  A state agency which is included in the cost allocation plan prepared [by the Director of the Office of Finance] pursuant to NRS 353.331 must be charged an amount determined in accordance with the cost allocation plan.

      3.  A state agency which is not included in the cost allocation plan must be charged for services on an hourly basis in an amount sufficient to pay the salary and other expenses of the deputy attorney general who provides the services.

      Sec. 29. NRS 284.180 is hereby amended to read as follows:

      284.180  1.  The Legislature declares that since uniform salary and wage rates and classifications are necessary for an effective and efficient personnel system, the pay plan must set the official rates applicable to all positions in the classified service, but the establishment of the pay plan in no way limits the authority of the Legislature relative to budgeted appropriations for salary and wage expenditures.

      2.  Credit for overtime work directed or approved by the head of an agency or the representative of the head of the agency must be earned at the rate of time and one-half, except for those employees described in NRS 284.148.

      3.  Except as otherwise provided in subsections 4, 6, 7 and 9, overtime is considered time worked in excess of:

      (a) Eight hours in 1 calendar day;

      (b) Eight hours in any 16-hour period; or

      (c) A 40-hour week.

      4.  Firefighters who choose and are approved for a 24-hour shift shall be deemed to work an average of 56 hours per week and 2,912 hours per year, regardless of the actual number of hours worked or on paid leave during any biweekly pay period. A firefighter so assigned is entitled to receive 1/26 of the firefighter’s annual salary for each biweekly pay period. In addition, overtime must be considered time worked in excess of:

      (a) Twenty-four hours in one scheduled shift; or

      (b) Fifty-three hours average per week during one work period for those hours worked or on paid leave.

 


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ê2017 Statutes of Nevada, Page 132 (Chapter 29, SB 22)ê

 

Ê The appointing authority shall designate annually the length of the work period to be used in determining the work schedules for such firefighters. In addition to the regular amount paid such a firefighter for the deemed average of 56 hours per week, the firefighter is entitled to payment for the hours which comprise the difference between the 56-hour average and the overtime threshold of 53 hours average at a rate which will result in the equivalent of overtime payment for those hours.

      5.  The Commission shall adopt regulations to carry out the provisions of subsection 4.

      6.  For employees who choose and are approved for a variable workday, overtime will be considered only after working 40 hours in 1 week.

      7.  Employees who are eligible under the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq., to work a variable 80-hour work schedule within a biweekly pay period and who choose and are approved for such a work schedule will be considered eligible for overtime only after working 80 hours biweekly, except those eligible employees who are approved for overtime in excess of one scheduled shift of 8 or more hours per day.

      8.  An agency may experiment with innovative workweeks upon the approval of the head of the agency and after majority consent of the affected employees. The affected employees are eligible for overtime only after working 40 hours in a workweek.

      9.  This section does not supersede or conflict with existing contracts of employment for employees hired to work 24 hours a day in a home setting. Any future classification in which an employee will be required to work 24 hours a day in a home setting must be approved in advance by the Commission.

      10.  All overtime must be approved in advance by the appointing authority or the designee of the appointing authority. No officer or employee, other than a director of a department or the chair of a board, commission or similar body, may authorize overtime for himself or herself. The chair of a board, commission or similar body must approve in advance all overtime worked by members of the board, commission or similar body.

      11.  The Division shall prepare and submit quarterly to the Budget Division of the Office of Finance [shall review] a report regarding all overtime worked by employees of the Executive Department [to ensure that] in the quarter. The Budget Division shall:

      (a) Review the report and analyze the overtime [is held to a minimum. The Budget Division shall report] reported; and

      (b) Transmit quarterly to the State Board of Examiners [the amount of overtime worked in the quarter within the various agencies of the State.] the report and the analysis of the Budget Division regarding the report.

      12.  A state employee is entitled to his or her normal rate of pay for working on a legal holiday unless the employee is entitled to payment for overtime pursuant to this section and the regulations adopted pursuant thereto. This payment is in addition to any payment provided for by regulation for a legal holiday.

      Sec. 30. NRS 331.110 is hereby amended to read as follows:

      331.110  1.  Except as otherwise provided by law, the Administrator:

      (a) Except as otherwise provided in paragraph (b), shall lease and equip office rooms outside of state buildings for the use of state officers, departments, agencies, boards and commissions whenever sufficient space cannot be provided within state buildings. A state officer, department, agency, board or commission to which this paragraph applies may only lease and equip office rooms outside of state buildings pursuant to this paragraph.

 


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ê2017 Statutes of Nevada, Page 133 (Chapter 29, SB 22)ê

 

agency, board or commission to which this paragraph applies may only lease and equip office rooms outside of state buildings pursuant to this paragraph.

      (b) May lease and equip office rooms outside of state buildings for the use of state officers and employees of boards that are exempt from the provisions of chapter 353 of NRS pursuant to NRS 353.005, upon the request of such a board.

      2.  The Administrator shall negotiate, approve and oversee any agreement to lease office rooms pursuant to this section, but no such lease may extend beyond the term of 1 year unless it is reviewed and approved by a majority of the members of the State Board of Examiners. The Attorney General shall approve each lease entered into pursuant to this subsection as to form and compliance with law.

      3.  Notwithstanding any other provision of law, before the Administrator enters into any lease for office rooms for any state officer, department, agency, board or commission pursuant to subsection 1, the Administrator shall consider, without limitation:

      (a) The reasonableness of the terms of the agreement, including, without limitation, the cost;

      (b) The availability of space for use by the state officer, department, agency, board or commission, as applicable, in buildings that are owned by or leased to the State; and

      (c) Any regulations adopted pursuant to or in accordance with NRS 341.110.

      4.  Each state officer, department, agency, board and commission shall maintain and, on or after April 1 but not later than June 30 of each year, provide to the Administrator an inventory of all real property leased to the State that is occupied by or otherwise used by the state officer, department, agency, board and commission. The Division of State Lands of the State Department of Conservation and Natural Resources, Department of Transportation and State Public Works Division of the Department of Administration shall maintain and, on or after April 1 but not later than June 30 of each year, provide to the Administrator an inventory of all real property owned by the State. Each inventory must identify:

      (a) Real property that is being actively used by a state officer, department, agency, board or commission.

      (b) Real property that is not being actively used by a state officer, department, agency, board or commission.

      (c) Real property that is not being used by a state officer, department, agency, board or commission but which is reasonably anticipated to be actively used by a state officer, department, agency, board or commission in the future.

      (d) Real property that is being actively used as a park or wildlife area.

      5.  Except as otherwise provided in subsection 7, the Administrator shall post on an Internet website maintained by the State a list of all real property owned or leased by the State. Each such listing shall include, without limitation, a brief description of:

      (a) The location, size and current use of the real property, including, without limitation, whether the real property is actively used; and

      (b) The terms of the lease, including, without limitation, the cost to the State.

      6.  Before submitting the inventory to the Administrator pursuant to subsection 4, a state officer, department, agency, board, commission, the Division of State Lands of the State Department of Conservation and Natural Resources, Department of Transportation or State Public Works Division of the Department of Administration that uses the property may request the [Chief of the Budget Division of the Office of Finance] Director of the Department of Administration to deem information regarding the property confidential for the purpose of maintaining public safety.

 


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ê2017 Statutes of Nevada, Page 134 (Chapter 29, SB 22)ê

 

Resources, Department of Transportation or State Public Works Division of the Department of Administration that uses the property may request the [Chief of the Budget Division of the Office of Finance] Director of the Department of Administration to deem information regarding the property confidential for the purpose of maintaining public safety.

      7.  If the [Chief of the Budget Division] Director deems information regarding property to be confidential pursuant to subsection 6, the information concerning the property must be kept confidential and is not a public book or record within the meaning of NRS 239.010. The [Chief of the Budget Division] Director must inform the Administrator that the information is confidential and that the information must not be posted on an Internet website maintained by the State pursuant to subsection 5.

      8.  An owner of a building who enters into a contract with a state agency for occupancy in the building:

      (a) If the contract is entered into before May 28, 2009, may comply with the program; and

      (b) If the contract is entered into on or after May 28, 2009, shall, to the extent practicable as determined by the Administrator, comply with the program.

Ê If an owner chooses not to comply with the program pursuant to paragraph (a), a state or local agency shall not, after May 28, 2009, enter into a contract for occupancy of a building owned by the owner, except that the Administrator may authorize a state or local agency to enter into a contract for the occupancy of a building owned by an owner who does not comply with the program if the Administrator determines that it is impracticable for the owner to comply with the program.

      9.  As used in this section, “program” means the program established pursuant to NRS 701.218.

      Sec. 31.  1.  Any administrative rules, regulations and standards adopted by an officer, agency or other entity whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in force until amended by the officer, agency or other entity to which the responsibility for the adoption of the rules, regulations and standards has been transferred.

      2.  Any contracts or other agreements entered into by an officer, agency or other entity 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 has been transferred.

      3.  Any action taken by an officer, agency or other entity whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or entity remains in effect as if taken by the officer, agency or other entity to which the responsibility for the enforcement of such actions has been transferred.

      Sec. 32.  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. 33.  This act becomes effective upon passage and approval.

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ê2017 Statutes of Nevada, Page 135ê

 

CHAPTER 30, SB 7

Senate Bill No. 7–Committee on Government Affairs

 

CHAPTER 30

 

[Approved: May 18, 2017]

 

AN ACT relating to the military; revising provisions of the Nevada Code of Military Justice governing certain offenses subject to court-martial proceedings; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law, as set forth in the Nevada Code of Military Justice, provides that a person may be tried or punished for certain offenses under the Code if the person committed the offense while the person was in a duty status. (NRS 412.452) Section 1 of this bill removes the requirement that such an offense must be committed while the person was in a duty status. Section 1 instead requires that the offense was committed while the person was subject to jurisdiction under certain provisions of the Code.

      Existing law provides that a person who is subject to the Code commits the offense of waste, spoilage or destruction of property other than military property only if the person committed the offense while in a duty status. (NRS 412.532) Section 2 of this bill removes the requirement that the offense must have been committed while the person was in a duty status. Thus, section 2 provides that a person who is subject to the Code commits that offense regardless of whether the person was in a duty status at the time he or she committed the offense.

 

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 412.452 is hereby amended to read as follows:

      412.452  No person may be tried or punished for any offense provided for in NRS 412.454 to [412.558,] 412.562, inclusive, unless it was committed while the person was [in a duty status.] subject to jurisdiction under this Code in accordance with NRS 412.254, 412.2545 and 412.256, as applicable.

      Sec. 2. NRS 412.532 is hereby amended to read as follows:

      412.532  Any person subject to this Code who [, while in a duty status,] willfully or recklessly wastes, spoils or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of the State shall be punished as a court-martial may direct.

      Sec. 3.  This act becomes effective on July 1, 2017.

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ê2017 Statutes of Nevada, Page 136ê

 

CHAPTER 31, AB 27

Assembly Bill No. 27–Committee on Corrections, Parole, and Probation

 

CHAPTER 31

 

[Approved: May 18, 2017]

 

AN ACT relating to correctional institutions; transferring certain duties from the Executive Secretary of the State Board of Parole Commissioners to the Department of Corrections; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Executive Secretary of the State Board of Parole Commissioners to prepare a list at least 30 days before any scheduled action by the Board which includes certain information concerning each person who is eligible for parole. (NRS 213.1085) This bill instead requires the Department of Corrections to provide that list to the Executive Secretary at least 40 days before any scheduled action by the Board.

 

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

      At least 40 days before any scheduled action of the State Board of Parole Commissioners, the Department shall provide to the Executive Secretary of the Board a list of each person who is eligible for parole. The list must include, for each offender:

      1.  The name of the offender;

      2.  The crime for which the offender was convicted;

      3.  The county in which the offender was sentenced;

      4.  The date of his or her sentence;

      5.  The length of his or her sentence, including the minimum term or the minimum aggregate term, as applicable, and the maximum term or the maximum aggregate term, as applicable, of imprisonment or the definite term of imprisonment, if one is imposed;

      6.  The amount of time the offender actually served in the state prison;

      7.  The amount of credit for time previously served by the offender in a county jail; and

      8.  The amount of credit allowed to reduce the sentence of the offender pursuant to this chapter.

      Sec. 2. NRS 213.1085 is hereby amended to read as follows:

      213.1085  1.  The Board shall appoint an Executive Secretary, who is in the unclassified service of the State.

      2.  The Executive Secretary must be selected on the basis of his or her training, experience, capacity and interest in correctional services.

      3.  The Board shall supervise the activities of the Executive Secretary.

      4.  The Executive Secretary is the Secretary of the Board and shall perform such duties in connection therewith as the Board may require, including, but not limited to, preparing the agenda for board meetings and answering correspondence from prisoners in the state prison.

 


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ê2017 Statutes of Nevada, Page 137 (Chapter 31, AB 27)ê

 

      5.  [The Executive Secretary shall prepare a list at least 30 days before any scheduled action by the Board showing each person then eligible for parole indicating:

      (a) The name of the prisoner;

      (b) The crime for which the prisoner was convicted;

      (c) The county in which the prisoner was sentenced;

      (d) The date of the sentence;

      (e) The length of the sentence, including the minimum term or the minimum aggregate term, as applicable, and the maximum term or the maximum aggregate term, as applicable, of imprisonment or the definite term of imprisonment, if one is imposed;

      (f) The amount of time actually served in the state prison;

      (g) The amount of credit for time previously served in a county jail; and

      (h) The amount of credit allowed to reduce the sentence of the prisoner pursuant to chapter 209 of NRS.

Ê] The Executive Secretary shall send copies of the list received from the Department of Corrections pursuant to section 1 of this act to all law enforcement agencies in this state and to other persons whom the Executive Secretary deems appropriate, at least 30 days before any scheduled action by the Board. Each law enforcement agency that receives the list shall make the list available for public inspection during normal business hours.

      Sec. 3.  This act becomes effective on July 1, 2017.

________

CHAPTER 32, SB 197

Senate Bill No. 197–Committee on Government Affairs

 

CHAPTER 32

 

[Approved: May 18, 2017]

 

AN ACT relating to the Lake Tahoe Basin; extending the period for the issuance of certain bonds for certain environmental improvement projects in the Lake Tahoe Basin; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Environmental Improvement Program was implemented in 1997 to carry out projects to improve the environment in the Lake Tahoe Basin. The costs of the Program are apportioned among the Federal Government, the States of Nevada and California and local governments and owners of private property in both states. In 1999, the Nevada Legislature required the issuance of not more than $53,200,000 in general obligation bonds to pay for a significant portion of Nevada’s share of the costs of the first phase of the Program. (Section 1 of chapter 514, Statutes of Nevada 1999, as last amended by chapter 431, Statutes of Nevada 2009, p. 2418) In 2009, the Nevada Legislature required the issuance of not more than $100,000,000 in general obligation bonds to carry out the second phase of the Program between July 1, 2009, and June 30, 2020. (Section 1 of chapter 431, Statutes of Nevada 2009, p. 2416) In the 1999 and 2009 legislation, the Legislature declared that the issuance of the bonds was necessary for the protection and preservation of the natural resources of the State and constituted an exercise of the constitutional authority to enter into contracts for those purposes. (Section 4 of chapter 514, Statutes of Nevada 1999, p. 2629, section 6 of chapter 431, Statutes of Nevada 2009, p. 2417) The Nevada Constitution limits the amount of debt of the State of Nevada to two percent of the assessed valuation of the State, but exempts from that limitation debt incurred for the protection and preservation of the State’s property or natural resources or for the purposes of obtaining the benefits thereof.

 


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ê2017 Statutes of Nevada, Page 138 (Chapter 32, SB 197)ê

 

amount of debt of the State of Nevada to two percent of the assessed valuation of the State, but exempts from that limitation debt incurred for the protection and preservation of the State’s property or natural resources or for the purposes of obtaining the benefits thereof. (Nev. Const. Art. 9, § 3) This bill extends to June 30, 2030, the deadline for the issuance of the remainder of the general obligation bonds that were required in 2009 to be issued for the second phase of the Program.

 

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 sixth recital of the preamble of chapter 431, Statutes of Nevada 2009, at page 2415, is hereby amended to read as follows:

       Whereas, The cost of a continued investment in carrying out the Environmental Improvement Program for the State of Nevada and its political subdivisions is $100,000,000 for the next [10-year] 20-year period; now, therefore,

      Sec. 2. Section 3 of chapter 431, Statutes of Nevada 2009, at page 2417, is hereby amended to read as follows:

       Sec. 3.  Money to carry out the Environmental Improvement Program during the period between the fiscal year beginning on July 1, 2009, and the fiscal year ending on June 30, [2020,] 2030, in an amount not to exceed $100,000,000 must be provided by the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $100,000,000. With the prior approval of the Legislature or the Interim Finance Committee, the bonds may be issued from time to time pursuant to a schedule established by the Administrator of the Division of State Lands. Section 1 of this act constitutes the approval by the Legislature for the issuance of $4,420,000 of such bonds pursuant to this section. The provisions of NRS 349.150 to 349.364, inclusive, apply to the issuance of bonds pursuant to this [subsection.] section.

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

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ê2017 Statutes of Nevada, Page 139ê

 

CHAPTER 33, SB 198

Senate Bill No. 198–Committee on Government Affairs

 

CHAPTER 33

 

[Approved: May 18, 2017]

 

AN ACT relating to state financial administration; extending the deadline for the issuance of certain general obligation bonds to protect, preserve and obtain the benefits of the property and natural resources of this State; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      At the general election held on November 5, 2002, the Legislature submitted to the voters of this State a proposal to issue general obligation bonds of the State to protect, preserve and obtain the benefits of the property and natural resources of this State in an amount not to exceed $200,000,000. The Legislature declared that, with certain exceptions, the issuance of the bonds was necessary for the protection and preservation of the property and natural resources of the State and constituted an exercise of the constitutional authority to enter into contracts for those purposes. (Chapter 6, Statutes of Nevada 2001, 17th Special Session, p. 104) The Nevada Constitution limits the amount of debt of the State of Nevada to two percent of the assessed valuation of the State, but exempts from that limitation debt incurred for the protection and preservation of the State’s property or natural resources or for the purposes of obtaining the benefits thereof. (Nev. Const. Art. 9, § 3) The proposal was approved by the voters at the 2002 general election. Existing law limits the issuance or sale of bonds more than 6 years after an election that is required to authorize their issuance. (NRS 349.078) In 2007 and 2013, the Legislature made exceptions to this 6-year limitation on issuance by extending the period for the issuance of those bonds until December 31, 2011, and June 30, 2019, respectively. (Chapter 291, Statutes of Nevada 2007, p. 1090, Chapter 251, Statutes of Nevada 2013, p. 1055) This bill makes a further exception to the 6-year limitation on issuance by extending the period for the issuance of those bonds until June 30, 2024.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Section 1 of chapter 251, Statutes of Nevada 2013, at page 1055, is hereby amended to read as follows:

       Section 1.  Notwithstanding the provisions of NRS 349.078, the State Board of Finance may continue to issue general obligation bonds of the State to protect, preserve and obtain the benefits of the property and natural resources of this State pursuant to chapter 6, Statutes of Nevada 2001, 17th Special Session, under the terms and conditions of that act until June 30, [2019.] 2024. The provisions of that act apply to all such issuances of bonds, including, without limitation, to the manner of their issuance and the authorized uses of the proceeds of the bonds.

      Sec. 2.  This act becomes effective upon passage and approval.

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ê2017 Statutes of Nevada, Page 140ê

 

CHAPTER 34, AB 4

Assembly Bill No. 4–Committee on Judiciary

 

CHAPTER 34

 

[Approved: May 19, 2017]

 

AN ACT relating to support; repealing provisions relating to the reciprocal enforcement of support orders with foreign countries or political subdivisions; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      In 1997, the Nevada Legislature enacted the Uniform Interstate Family Support Act to establish the procedures and jurisdictional requirements regarding the issuance, enforcement and modification of interstate child-support and spousal-support orders. (Chapter 489, Statutes of Nevada 1997, pp. 2311-29) In 2009, the Nevada Legislature amended the Act to make the provisions of the Act apply to foreign support orders, foreign tribunals, and obligees, obligors and children residing in foreign countries. (NRS 130.0902-130.802; chapter 47, Statutes of Nevada 2009, pp. 119-40) Existing law authorizes the Attorney General to declare a foreign country or political subdivision to be a state for the purposes of enforcing certain support orders. (NRS 130.035) Under the Uniform Interstate Family Support Act, the Attorney General may determine “that a foreign country has established a reciprocal arrangement for child support with this State.” (NRS 130.308)

      This bill repeals the provisions governing the declaration of a foreign country or political subdivision as a state because once the Attorney General determines that a foreign country has established a reciprocal agreement for child support with this State, the Uniform Interstate Family Support Act requires such countries to be treated as foreign countries and not as states.

 

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 130.035 is hereby repealed.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

 

 

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 141ê

 

CHAPTER 35, AB 6

Assembly Bill No. 6–Committee on Judiciary

 

CHAPTER 35

 

[Approved: May 19, 2017]

 

AN ACT relating to business; removing an exemption from the requirement to obtain a state business registration for businesses whose primary purpose is to create or produce motion pictures; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires certain businesses to obtain a state business registration from the Secretary of State and to pay an annual fee for such registration. (NRS 76.100, 76.130) This bill removes the exemption from this requirement for businesses whose primary purpose is to create or produce motion pictures and, thus, requires such businesses to obtain a state business registration and pay the annual fee.

 

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 76.020 is hereby amended to read as follows:

      76.020  1.  Except as otherwise provided in subsection 2, “business” means:

      (a) Any person, except a natural person, that performs a service or engages in a trade for profit;

      (b) Any natural person who performs a service or engages in a trade for profit if the person is required to file with the Internal Revenue Service a Schedule C (Form 1040), Profit or Loss From Business Form, or its equivalent or successor form, a Schedule E (Form 1040), Supplemental Income and Loss Form, or its equivalent or successor form, or a Schedule F (Form 1040), Profit or Loss From Farming Form, or its equivalent or successor form, for that activity; or

      (c) Any entity organized pursuant to this title, including, without limitation, those entities required to file with the Secretary of State, whether or not the entity performs a service or engages in a business for profit.

      2.  The term does not include:

      (a) A governmental entity.

      (b) A nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c).

      (c) A person who operates a business from his or her home and whose net earnings from that business are not more than 66 2/3 percent of the average annual wage, as computed for the preceding calendar year pursuant to chapter 612 of NRS and rounded to the nearest hundred dollars.

      (d) A natural person whose sole business is the rental of four or fewer dwelling units to others.

      (e) [A business whose primary purpose is to create or produce motion pictures. As used in this paragraph, “motion pictures” has the meaning ascribed to it in NRS 231.020.

      (f)] A business organized pursuant to chapter 82 or 84 of NRS.

 


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      [(g)](f) A business organized pursuant to chapter 81 of NRS if the business is a nonprofit unit-owners’ association.

      Sec. 2.  This act becomes effective on July 1, 2017.

________

CHAPTER 36, AB 11

Assembly Bill No. 11–Committee on Transportation

 

CHAPTER 36

 

[Approved: May 19, 2017]

 

AN ACT relating to unmanned aerial vehicles; revising provisions relating to restrictions on the operation of unmanned aerial vehicles near critical facilities to include within the term “critical facility” any transmission line that is owned, operated, inspected, maintained or repaired in whole or in part by the Colorado River Commission of Nevada; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prohibits a person from operating an unmanned aerial vehicle within a horizontal distance of 500 feet or a vertical distance of 250 feet from a critical facility without the written consent of the owner of the critical facility. A person who violates this provision is guilty of a misdemeanor. (NRS 493.109) Existing law defines “critical facility” for this purpose to include a petroleum refinery, a petroleum or chemical production, transportation, storage or processing facility, a chemical manufacturing facility, a pipeline and any appurtenance thereto, a wastewater treatment facility, a water treatment facility, a mine, a power generating station, plant or substation, any transmission line that is owned in whole or in part by an electric utility, a county, city or town jail or detention facility and any prison, facility or institution under the control of the Department of Corrections. (NRS 493.020) This bill expands the definition of the term “critical facility” to include any transmission line that is owned, operated, inspected, maintained or repaired in whole or in part by the Colorado River Commission of Nevada.

 

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 493.020 is hereby amended to read as follows:

      493.020  As used in NRS 493.010 to 493.120, inclusive, unless the context otherwise requires:

      1.  “Aircraft” includes a balloon, airplane, hydroplane, unmanned aerial vehicle and any other vehicle used for navigation through the air. A hydroplane, while at rest on water and while being operated on or immediately above water, is governed by the rules regarding water navigation. A hydroplane while being operated through the air other than immediately above water, is an aircraft.

 


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      2.  “Critical facility” means a petroleum refinery, a petroleum or chemical production, transportation, storage or processing facility, a chemical manufacturing facility, a pipeline and any appurtenance thereto, a wastewater treatment facility, a water treatment facility, a mine as that term is defined in NRS 512.006, a power generating station, plant or substation and any appurtenances thereto, any transmission line that is owned in whole or in part by an electric utility as that term is defined in subsection 5 of NRS 704.187 [,] or owned, operated, inspected, maintained or repaired in whole or in part by the Colorado River Commission of Nevada pursuant to NRS 538.161 or 538.166, a county, city or town jail or detention facility and any prison, facility or institution under the control of the Department of Corrections. The term does not include any facility or infrastructure of a utility that is located underground.

      3.  “Department” means the Department of Public Safety.

      4.  “Law enforcement agency” means an agency, office, bureau, board, commission, department or division of this State or a political subdivision of this State, the primary duty of which is to enforce the law.

      5.  “Operator” includes aviator, pilot, balloonist and any other person having any part in the operation of aircraft while in flight.

      6.  “Passenger” includes any person riding in an aircraft, but having no part in its operation.

      7.  “Public agency” means an agency, office, bureau, board, commission, department or division of this State or a political subdivision of this State other than a law enforcement agency.

      8.  “Unmanned aerial vehicle” means a powered aircraft of any size without a human operator aboard the vehicle and that is operated remotely or autonomously.

      Sec. 2.  This act becomes effective upon passage and approval.

________

CHAPTER 37, AB 33

Assembly Bill No. 33–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 37

 

[Approved: May 19, 2017]

 

AN ACT relating to governmental administration; abolishing the Garlic and Onion Growers’ Advisory Board, the State Dairy Commission, the Alfalfa Seed Advisory Board and the Advisory Council for Organic Agricultural Products; transferring the powers and duties of the State Dairy Commission to the Director of the State Department of Agriculture; revising provisions governing the special assessment levied upon all garlic and onions grown and harvested in this State for commercial use and all alfalfa seed grown in this State; clarifying the authority of the State Department of Agriculture to test products to ensure appropriate food safety; and providing other matters properly relating thereto.

 


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Legislative Counsel’s Digest:

      Existing law creates the Garlic and Onion Growers’ Advisory Board, the Alfalfa Seed Advisory Board and the Advisory Council for Organic Agricultural Products and sets forth the powers and duties of those boards and that council. (NRS 556.020, 556.040, 587.135, 587.145, 587.810) Section 43 of this bill abolishes the Garlic and Onion Grower’s Advisory Board, the Alfalfa Seed Advisory Board and the Advisory Council for Organic Agricultural Products. Sections 7-10, 14, 15 and 32-35 of this bill make conforming changes.

      Existing law requires the State Department of Agriculture, on or before August 1 of each year, to fix an annual special assessment not to exceed $10 per acre to be levied upon all garlic and onions grown and harvested in this State for commercial use and not to exceed 50 cents per hundred weight of alfalfa seed to be levied upon all alfalfa seed grown in this State. (NRS 556.070, 587.155) Sections 11 and 36 of this bill authorize, rather than require, the Department to fix the annual special assessment. Sections 12-15, 37 and 38 of this bill make conforming changes.

      Existing law creates the State Dairy Commission consisting of three members within the State Department of Agriculture. (NRS 584.031) Existing law sets forth the powers and duties of the Commission which include, without limitation: (1) the authority to enter into contracts with any person to assist the Commission in carrying out the duties of the Commission; (2) the duty to maintain a separate record of the classes and sources of income credited to the Dairy Commission Fund and of the disbursements from the Fund; (3) the authority to adopt regulations to carry out the provisions governing dairy products and the duty to enforce those provisions; (4) the authority to issue licenses to distributors and to require the registration of producers; and (5) the authority to formulate a stabilization and marketing plan for certain purposes relating to the production, distribution and sale of fluid milk, fluid cream and other dairy products. (NRS 584.047, 584.057, 584.067, 584.077, 584.089, 584.547) Sections 5, 6 and 16-31 of this bill transfer the powers and duties of the State Dairy Commission to the Director of the State Department of Agriculture. Section 6 also clarifies that the provisions of law governing the administration of public health do not modify or alter the authority of the State Department of Agriculture to test products to ensure appropriate food safety.

      Sections 39-42 of this bill set forth transitory provisions concerning the abolishment of the boards, commission and council specified in this bill and the transfer of the powers and duties of the State Dairy Commission to the Director of the State Department of Agriculture, including the transfer and adoption of regulations, the effect of name changes on any existing contracts, revisions that may be necessary to other provisions of existing law and regulations to the changes made in this bill and other necessary direction to carry out the intent of this bill.

      If this bill is enacted, the Legislative Counsel and the Legal Division of the Legislative Counsel Bureau will be required by section 40 and NRS 220.120 to conform all sections of law not included in this bill to the provisions and reorganization 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:

 

      Sections 1-4. (Deleted by amendment.)

      Sec. 5. NRS 439.240 is hereby amended to read as follows:

      439.240  1.  The University of Nevada School of Medicine shall maintain the State Public Health Laboratory, and may designate, establish or maintain such branch laboratories as may be necessary.

 


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      2.  The purpose of the State Public Health Laboratory is:

      (a) To make available, at such charges as may be established, to health officials, the Director of the State [Dairy Commission] Department of Agriculture and licensed physicians of the State, proper laboratory facilities for the prompt diagnosis of communicable diseases.

      (b) To make necessary examinations and analyses of water, natural ice, sewage, milk, food and clinical material.

      (c) To conduct research into the nature, cause, diagnosis and control of diseases.

      (d) To undertake such other technical and laboratory duties as are in the interest of the health of the general public.

      3.  The person in charge of the State Public Health Laboratory, or the person’s designee, must be a skilled bacteriologist.

      4.  The person in charge of the State Public Health Laboratory may have such technical assistants as that person, in cooperation with the University of Nevada School of Medicine, considers necessary.

      5.  Reports of investigations conducted at the State Public Health Laboratory may be published from time to time in bulletins and circulars.

      6.  If the University of Nevada School of Medicine designates a branch laboratory pursuant to subsection 1 that is operated or controlled by a public agency other than the University of Nevada School of Medicine, the public agency and the University of Nevada School of Medicine shall enter into a cooperative agreement pursuant to NRS 277.080 to 277.180, inclusive, concerning the branch laboratory. The cooperative agreement must include, without limitation, provisions setting forth the powers and duties of each party to the cooperative agreement.

      Sec. 6. NRS 439.540 is hereby amended to read as follows:

      439.540  Nothing contained in this chapter may be construed as modifying or altering the powers conferred by law upon the Commissioner of Food and Drugs with respect to the adulteration, mislabeling or misbranding of foods, drugs, medicines and liquors, or the powers conferred by law upon the Director of the State [Dairy Commission] Department of Agriculture with respect to the weighing and testing of [dairy] products to prevent fraud [.] and to ensure appropriate food safety.

      Sec. 7. NRS 556.010 is hereby amended to read as follows:

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

      1.  [“Advisory Board” means the Garlic and Onion Growers’ Advisory Board.

      2.]  “Department” means the State Department of Agriculture.

      [3.] 2.  “Grower” means any landowner personally engaged in growing garlic or onions, or a landowner and the landowner’s tenant jointly, and includes a natural person, partnership, association, corporation, cooperative organization, trust, sharecropper and all other business units, devises or arrangements that grow garlic or onions.

      Sec. 8. NRS 556.040 is hereby amended to read as follows:

      556.040  [The Advisory Board may:

      1.  Elect a Chair and such other officers from its members as it deems advisable.

      2.  Prepare a budget covering anticipated income and expenses for utilization of the money deposited to the Garlic and Onion Research and Promotion Account.

 


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      3.  Adopt procedures for filing with the Advisory Board any proposed garlic or onion research project or market-promotion project.

      4.  Prepare] Any grower or employee of the Department may prepare and present to the State Board of Agriculture a program for research in the production, harvesting, processing, distribution and market promotion of garlic and onions. The program must contain a recommendation of a natural person or agency to conduct or manage each project, the time period for each project and the budget allocation for the project.

      [5.  Adopt regulations establishing the conditions, if any, under which a member of the Advisory Board is entitled to claim a per diem allowance.]

      Sec. 9. NRS 556.050 is hereby amended to read as follows:

      556.050  All gifts or grants of money [which the Advisory Board is authorized to accept] received pursuant to this chapter must be deposited with the State Treasurer for credit to the Garlic and Onion Research and Promotion Account.

      Sec. 10. NRS 556.060 is hereby amended to read as follows:

      556.060  1.  The State Board of Agriculture may:

      (a) [Appoint the members of the Advisory Board, fix their terms of office and fill all vacancies.

      (b) Establish procedures for the Nevada garlic and onion industry to recommend persons for appointment to the Advisory Board.

      (c)] Administer, enforce and control the collection of assessments levied for the Garlic and Onion Research and Promotion Account.

      [(d)] (b) Authorize payments from the Garlic and Onion Research and Promotion Account . [upon the recommendation of the Advisory Board.

      (e)] (c) Contract with natural persons or agencies for the conduct or management of research projects and market-promotion projects.

      [(f)] (d) Adopt regulations to carry out the provisions of this chapter.

      2.  Money from the State General Fund may not be utilized by the State Board of Agriculture in carrying out the provisions of this chapter. Expenditures for those purposes may be made only from the Garlic and Onion Research and Promotion Account created by NRS 561.423, and are subject to the limitations stated in that section.

      Sec. 11. NRS 556.070 is hereby amended to read as follows:

      556.070  The Department [shall,] may, on or before August 1 of each year, fix an annual special assessment not to exceed $10 per acre to be levied upon all garlic and onions grown and harvested in this State for commercial use. [The] If the Department levies the assessment, the Department shall collect the assessment and transmit the proceeds to the State Treasurer for credit to the Garlic and Onion Research and Promotion Account.

      Sec. 12. NRS 556.080 is hereby amended to read as follows:

      556.080  [All] If any assessments are levied pursuant to the provisions of NRS 556.070 , the assessments must be:

      1.  Paid to the Department by the grower of garlic or onions; and

      2.  Paid by December 1 of each year for the garlic or onions harvested within the 12 months immediately preceding that date.

      Sec. 13. NRS 556.090 is hereby amended to read as follows:

      556.090  [Any] If an assessment is levied pursuant to NRS 556.070, any grower who fails to pay [any] the assessment [pursuant to NRS 556.070] by December 1 of each year as required by NRS 556.080 forfeits to the Department a penalty of 5 percent of the amount of the assessment due and 1 percent of the assessment due for each month of delay or fraction thereof after December 31 of the year that the assessment became due.

 


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after December 31 of the year that the assessment became due. The Department, if satisfied the delay was excusable, may remit any part of the penalty. The penalty must be paid to the Department and deposited for credit to the Garlic and Onion Research and Promotion Account.

      Sec. 14. NRS 561.409 is hereby amended to read as follows:

      561.409  1.  The Alfalfa Seed Research and Promotion Account is hereby created in the State General Fund. The proceeds of the special assessment levied pursuant to NRS 587.155 , if any, must be credited to the Alfalfa Seed Research and Promotion Account and all refunds made pursuant to NRS 587.155 must be paid from the Alfalfa Seed Research and Promotion Account.

      2.  Expenditures from the Alfalfa Seed Research and Promotion Account may be made only for:

      (a) Alfalfa seed research and marketing promotion programs; and

      (b) [Administrative, per diem and travel expenses of the Alfalfa Seed Advisory Board; and

      (c)] Reimbursement to the Department for administrative expenses of the Department, not to exceed 5 percent of the assessments collected.

      Sec. 15. NRS 561.423 is hereby amended to read as follows:

      561.423  1.  The Garlic and Onion Research and Promotion Account is hereby created in the State General Fund. The proceeds of the special assessment levied pursuant to NRS 556.070 , if any, must be credited to the Account.

      2.  Expenditures from the Account may be made only for:

      (a) Garlic and onion research programs and marketing-promotion programs; and

      (b) [Administrative, per diem and travel expenses of the Garlic and Onion Growers’ Advisory Board; and

      (c)] Reimbursement to the Department for administrative expenses of the Department, not to exceed 5 percent of the assessments collected.

      Sec. 16. NRS 581.320 is hereby amended to read as follows:

      581.320  1.  All fluid dairy products must be packaged for retail sale in:

      (a) Units of 1 gill or less, one-half liquid pint, 10 fluid ounces, 1 liquid pint, 1 liquid quart, one-half gallon, 3 liquid quarts, 1 gallon, 1 1/2 gallons, 2 gallons, 2 1/2 gallons or multiples of 1 gallon; or

      (b) Such other amounts as are approved [, jointly,] by the [State Dairy Commission and the] State Sealer of Consumer Equitability.

      2.  Each container used for the sale of such products must:

      (a) Be marked with its capacity;

      (b) Be marked with the name, initial or trademark of the manufacturer;

      (c) Be marked with such other information as required by the [State Dairy Commission and the] State Sealer of Consumer Equitability; and

      (d) If the fluid dairy product is packaged for retail sale in an amount other than a unit of measure listed in paragraph (a) of subsection 1, be marked with its capacity in fluid ounces and a comparison of that quantity with the unit of measure that is closest in volume in sufficient size and prominence to inform the public of the difference in volume.

      3.  This section does not apply to eating establishments serving milk in glasses with meals.

 


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      Sec. 17. Chapter 584 of NRS is hereby amended by adding thereto the provisions set forth as sections 18 and 19 of this act.

      Sec. 18. “Department” means the State Department of Agriculture.

      Sec. 19. “Director” means the Director of the Department.

      Sec. 20. NRS 584.001 is hereby amended to read as follows:

      584.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [584.005,] 584.007 and 584.009 and sections 18 and 19 of this act have the meanings ascribed to them in those sections.

      Sec. 21. NRS 584.047 is hereby amended to read as follows:

      584.047  1.  The [Commission] Director may enter into contracts with any person to assist [it] the Director in carrying out [the] his or her duties [of the Commission by performing any duty imposed on the Commission] pursuant to this chapter.

      2.  As used in this section, “person” includes a government, a governmental agency and a political subdivision of a government.

      Sec. 22. NRS 584.049 is hereby amended to read as follows:

      584.049  The [State] Department [of Agriculture, including the Commission,] is hereby declared to be the instrumentality of this state for the purpose of administering and enforcing the provisions of this chapter and to execute the legislative intent expressed in this chapter, and is hereby vested with the administrative authority described in this chapter.

      Sec. 23. NRS 584.053 is hereby amended to read as follows:

      584.053  1.  There is hereby created in the State Treasury a special revenue fund designated as the Dairy [Commission] Fund. Except as otherwise required in NRS 584.670, all money received [by the Commission] pursuant to the provisions of this chapter must be paid into the Fund and must be expended for the administration and enforcement of the provisions of this chapter or for any other purpose authorized by the Legislature.

      2.  The interest and income earned on the money in the Dairy [Commission] Fund, after deducting any applicable charges, must be credited to the Fund.

      Sec. 24. NRS 584.063 is hereby amended to read as follows:

      584.063  A full and accurate record of business or acts performed or of testimony taken by the [Commission] Director in pursuance of the provisions of this chapter must be kept and placed on file [in the Office of the Commission.] by the Director.

      Sec. 25. NRS 584.071 is hereby amended to read as follows:

      584.071  A copy of every regulation adopted by the [Commission] Director must be published immediately after adoption and [issued in pamphlet form for distribution to local health officers and, upon application therefor, to licensed or other dairies, creameries and other persons interested in them.] posted on the Internet website maintained by the Department.

      Sec. 26. NRS 584.089 is hereby amended to read as follows:

      584.089  The [Commission] Director shall enforce the provisions of this chapter and any stabilization and marketing plan initiated pursuant to the provisions of NRS 584.325 to 584.670, inclusive.

      Sec. 27. NRS 584.091 is hereby amended to read as follows:

      584.091  [Constables, police officers and sheriffs may, upon request,] Each field agent or inspector of the Department who has the powers of a peace officer pursuant to NRS 289.290 shall render assistance to the [Commission, any member of the Commission or any authorized representative of the Commission,] Director in the enforcement of the provisions of this chapter.

 


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representative of the Commission,] Director in the enforcement of the provisions of this chapter.

      Sec. 28. NRS 584.107 is hereby amended to read as follows:

      584.107  Any person who violates any provision of the regulations adopted pursuant to NRS 584.103, or refuses or neglects to obey any lawful order of the [Commission,] Director, is guilty of a misdemeanor.

      Sec. 29. NRS 584.225 is hereby amended to read as follows:

      584.225  1.  The [Commission] Director may, by regulation, establish a fee of not more than $10 for issuing and renewing a milk tester’s license.

      2.  All licenses required under NRS 584.215 to 584.285, inclusive, expire at the end of each calendar year.

      Sec. 30. NRS 584.547 is hereby amended to read as follows:

      584.547  The [Commission] Director may formulate any stabilization and marketing plan as prescribed in NRS 584.325 to 584.670, inclusive, and declare the same effective after public hearing and reasonable notice by mail or otherwise to all producers and distributors of record with the [Commission] Director affected by such plan.

      Sec. 31. NRS 584.670 is hereby amended to read as follows:

      584.670  1.  The violation of any provision of NRS 584.325 to 584.670, inclusive, or of any stabilization and marketing plan, including any price requirements of such a plan, or of any of the unfair practice provisions set forth in those sections, is a misdemeanor, and also is ground for revocation or suspension of a license in the manner set forth in NRS 584.325 to 584.670, inclusive.

      2.  Every distributor shall pay for fluid milk or fluid cream delivered to the distributor at the time and in the manner specified in the contract with the producer. Failure to make such a payment is ground for refusal, suspension or revocation of a license in the manner set forth in NRS 584.325 to 584.670, inclusive.

      3.  In addition to any other penalty provided by NRS 584.325 to 584.670, inclusive, the [Commission] Director may impose a penalty of not more than $1,000 for each violation, to be recovered by the [Commission] Director in a civil action in a court of competent jurisdiction. All sums recovered under this subsection must be deposited with the State Treasurer for credit to the State General Fund.

      Sec. 32. NRS 587.131 is hereby amended to read as follows:

      587.131  As used in NRS 587.131 to 587.181, inclusive, unless the context requires otherwise:

      1.  [“Advisory Board” means the Alfalfa Seed Advisory Board.

      2.]  “Alfalfa seed” means the seed that is harvested from any variety of alfalfa plant.

      [3.] 2.  “Dealer” means any person, partnership, association, corporation, cooperative or other business unit or device that first handles, packs, ships, buys and sells alfalfa seed.

      [4.] 3.  “Grower” means any landowner personally engaged in growing alfalfa seed, or both the owner and tenant jointly, and includes a person, partnership, association, corporation, cooperative organization, trust, sharecropper or any and all other business units, devices or arrangements that grow alfalfa seed.

      Sec. 33. NRS 587.145 is hereby amended to read as follows:

      587.145  [The Advisory Board has:

      1.  Only such powers and duties as are authorized by law; and

 


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      2.  The following powers and duties:

      (a) To elect a chair and such other officers as it deems advisable.

      (b) To prepare a budget covering anticipated income and expenses for utilization of the money deposited to the Alfalfa Seed Research and Promotion Account.

      (c) To adopt procedures for filing with the Advisory Board any proposed alfalfa seed research projects or market promotion projects.

      (d) To] A grower or an employee of the Department may prepare and present to the State Board of Agriculture a program for research in the production, harvesting, processing, distribution and market promotion of alfalfa seed. The program must contain a recommendation of a natural person or agency to conduct or manage each project, the time period for each project and the budget allocation for the project.

      Sec. 34. NRS 587.151 is hereby amended to read as follows:

      587.151  1.  The State Board of Agriculture has the following powers and duties:

      (a) To [appoint the members of the Advisory Board, to fix their term of office and to fill all vacancies.

      (b) To establish procedures for the Nevada alfalfa seed industry to recommend persons for appointment to the Advisory Board.

      (c) To] administer, enforce and control the collection of assessments levied for the Alfalfa Seed Research and Promotion Account.

      [(d)] (b) To authorize payments from the Alfalfa Seed Research and Promotion Account . [upon the recommendation of the Advisory Board.

      (e)] (c) To contract with natural persons or agencies for the conduct or management of research and market promotion projects.

      [(f)] (d) To adopt regulations to carry out the provisions of NRS 587.131 to 587.181, inclusive.

      2.  Money from the State General Fund may not be utilized by the State Board of Agriculture in carrying out the provisions of NRS 587.131 to 587.181, inclusive. Expenditures for those purposes must be made only from the Alfalfa Seed Research and Promotion Account created by NRS 561.409, and are subject to the limitations stated in that section.

      Sec. 35. NRS 587.153 is hereby amended to read as follows:

      587.153  All gifts or grants of money [which the Board is authorized to accept] received pursuant to this chapter must be deposited with the State Treasurer for credit to the Alfalfa Seed Research and Promotion Account.

      Sec. 36. NRS 587.155 is hereby amended to read as follows:

      587.155  1.  The Department [shall,] may, on or before August 1 of each year, fix an annual special assessment not to exceed 50 cents per hundred weight of alfalfa seed to be levied upon all alfalfa seed grown in this state. [The] If the Department levies the assessment, the Department shall collect the assessment and transmit the proceeds to the State Treasurer for credit to the Alfalfa Seed Research and Promotion Account.

      2.  On or before June 30 of each year, any person who has paid the special assessment levied pursuant to this section may file a claim for a refund with the Department accompanied by a receipt showing payment. Upon verification of the correctness of the claim, the Department shall transmit the claim to the State Controller for payment from the Alfalfa Seed Research and Promotion Account.

 


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      Sec. 37. NRS 587.161 is hereby amended to read as follows:

      587.161  [All] If any assessments are levied pursuant to the provisions of NRS 587.155 , the assessments must be paid to the Department by the person, either grower or dealer, by whom the alfalfa seed was first handled in the primary channels of the trade and must be paid within 60 days after the date on which the grower received payment for the alfalfa seed. If the person first handling the alfalfa seed in the primary channels of trade is a person other than the grower, the person may charge against or recover from the grower the full amount of any assessment paid under NRS 587.155.

      Sec. 38. NRS 587.165 is hereby amended to read as follows:

      587.165  Any grower or dealer who fails to file a return or [to pay] , if any assessment is levied pursuant to NRS 587.155 , fails to pay the assessment within the period required forfeits to the Department a penalty of 5 percent of the amount of the assessment due and 1 percent of the assessment due for each month of delay or fraction thereof after the end of the month in which the return was required to be filed or in which the assessment became due. The Department, if satisfied the delay was excusable, may remit all or any part of the penalty. The penalty must be paid to the Department and deposited for credit to the Alfalfa Seed Research and Promotion Account.

      Sec. 39.  1.  Any administrative regulations adopted by an officer or entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act remain in force until amended by the officer or entity to which the responsibility for the adoption of the regulations has been transferred.

      2.  Any contracts or other agreements entered into by an officer or entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act are binding upon the officer or entity to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or entity to which the responsibility for the enforcement of the provisions of the contract or other agreements has been transferred.

      3.  Any action taken by an officer or entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act remains in effect as if taken by the officer or entity to which the responsibility for the enforcement of such actions has been transferred.

      Sec. 40.  The Legislative Counsel shall:

      1.  In preparing the Nevada Revised Statutes, use the authority set forth in subsection 10 of NRS 220.120 to substitute appropriately the name of any agency or officer of the State whose name is changed or whose responsibilities have been transferred by this act for the name which the agency or officer previously used; and

      2.  In preparing supplements to the Nevada Administrative Code, substitute appropriately the name of any agency or officer of the State whose name is changed or whose responsibilities have been transferred by this act for the name which the agency or officer previously used.

      Sec. 41.  1.  Notwithstanding any other provision of law to the contrary, the Director of the State Department of Agriculture shall be deemed to be the successor of the State Dairy Commission, created by NRS 584.031.

 


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      2.  The current term of membership of any person who, on June 30, 2017, is a member or chair of the Garlic and Onion Growers’ Advisory Board, the State Dairy Commission, the Alfalfa Seed Advisory Board or the Advisory Council for Organic Agricultural Products expires on July 1, 2017.

      3.  The provisions of any stabilization and marketing plan formulated by the State Dairy Commission pursuant to NRS 584.547, as amended by section 30 of this act, shall be deemed to be the plan of the Director of the State Department of Agriculture formulated pursuant to NRS 584.547, as amended by section 30 of this act.

      Sec. 42.  1.  If the name of a fund or account is changed pursuant to the provisions of this act, the State Controller shall change the designation of the name of the fund or account without making any transfer of the money in the fund or account. The assets and liabilities of the fund or account are unaffected by the change of the name.

      2.  The assets and liabilities of any fund or account transferred from the State Dairy Commission to the Director of the State Department of Agriculture are unaffected by the transfer.

      Sec. 43. NRS 556.020, 556.030, 584.005, 584.031, 584.033, 584.037, 584.039, 584.041, 584.043, 584.051, 584.057, 584.059, 587.135, 587.141, 587.810 and 587.820 are hereby repealed.

      Sec. 44.  This act becomes effective on July 1, 2017.

________

CHAPTER 38, AB 239

Assembly Bill No. 239–Committee on Judiciary

 

CHAPTER 38

 

[Approved: May 19, 2017]

 

AN ACT relating to digital assets; enacting the Revised Uniform Fiduciary Access to Digital Assets Act; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill enacts the Revised Fiduciary Access to Digital Assets Act promulgated by the Uniform Law Commission in 2015. Generally, this bill enacts provisions to give: (1) certain fiduciaries and other designated persons the legal authority to manage the digital assets and electronic communications of deceased or incapacitated persons; and (2) custodians of digital assets and electronic communications the legal authority to deal with a fiduciary or designated recipient of a person holding an account with the custodian.

      Section 31 of this bill sets forth the applicability of this bill. Under section 31, the provisions of this bill apply to an agent under a power of attorney for a principal who resides in this State, a personal representative of a deceased person who resided in this State at the time of his or her death, a guardian of a ward who resides in this State and certain trustees under a trust. Section 31 also provides that this bill applies to a custodian of a digital asset if a person holding an account with the custodian resides in this State or resided in this State at the time of his or her death. Finally, section 31 states that this bill does not apply to a digital asset of an employer that was used by an employee in the ordinary course of the employer’s business and, thus, a fiduciary or designated recipient for the employee would not have access to electronic mail or other digital assets belonging to the employer.

 


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      Section 32 of this bill sets forth rules for determining the intent of a person who holds an account with a custodian with respect to his or her digital assets held by the custodian. Under section 32, if the custodian allows an account holder to use an online tool to provide directions for handling digital assets and the account holder has used the online tool to give directions for the disclosure or nondisclosure of a digital asset, the directions expressed using the online tool prevail over any other direction. If the custodian does not provide such an online tool or the account holder does not use the online tool to give directions concerning his or her digital assets, any directions given in the account holder’s will, trust, power of attorney or other record must be followed. If the account holder does not give any direction with respect to his or her digital assets, the terms-of-service agreement will apply. If the terms-of-service agreement does not address whether or not a fiduciary has access to the digital assets of an account holder, the default rules of this bill will apply.

      Section 33 of this bill provides that if a fiduciary or designated recipient of an account holder accesses the account holder’s digital assets, the terms-of-service agreement between the custodian and the account holder applies to the fiduciary or designated recipient.

      Section 34 of this bill governs the manner in which a custodian is required to respond to a request from a fiduciary or designated recipient for access to the digital assets of a person holding an account with the custodian. Under section 34, a custodian is authorized to select one of the following methods for granting access to the account: (1) granting the fiduciary or designated recipient full access to the account; (2) granting the fiduciary or designated recipient partial access to the account sufficient to perform the tasks for which the fiduciary or designated recipient has requested access to the account; or (3) provide the fiduciary or designated recipient a copy of any electronic record that the account holder could have accessed. Section 34 also provides that a custodian: (1) is not required to disclose digital assets if segregation of the digital assets would impose an undue burden on the custodian; and (2) is authorized to seek a court order regarding the disclosure of digital assets if a direction or request for disclosure would impose an undue burden. Section 34 further provides that a custodian is not required to disclose a digital asset that has been deleted by the account holder. Finally, section 34 authorizes a custodian to charge a reasonable administrative fee for disclosing digital assets.

      Sections 35-42 of this bill establish the right of a fiduciary of an account holder to obtain disclosure of the content of an electronic communication or other digital asset of the account holder. Generally, under sections 35-38 a custodian: (1) is required to disclose the content of an electronic communication to a personal representative of a deceased account holder or an agent under a power of attorney only if the personal representative or agent provides certain documentation to the custodian and the account holder has consented to the disclosure or a court has directed the disclosure; and (2) is required to disclose other digital assets of an account holder to the personal representative or agent unless the account holder prohibited disclosure of the digital asset or a court prohibits the disclosure. Sections 39-41 generally require a custodian to disclose the content of an electronic communication or any other digital asset to a trustee who requests such disclosure unless otherwise provided in a court order, direction from the account holder or trust instrument. Under section 42 of this bill: (1) a court is authorized to grant a guardian access to the digital assets of a ward after notice and an opportunity for a hearing; and (2) a custodian is required to disclose such digital assets to a guardian unless otherwise provided in a court order or direction from the account holder.

      Section 43 of this bill sets forth the extent of the authority of a fiduciary for an account holder over the digital assets of the account holder. Under section 43, a fiduciary who manages digital assets is subject to the same fiduciary duties that apply to the fiduciary’s management of tangible personal property, including, without limitation, the duty of care, the duty of loyalty and the duty of confidentiality. In addition, section 43 specifies that the fiduciary’s authority over a digital asset: (1) is subject to the terms-of-service agreement unless that agreement is overridden by certain actions; (2) is subject to other applicable laws, including, without limitation, copyright law; and (3) may not be used to impersonate the account holder.

 


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copyright law; and (3) may not be used to impersonate the account holder. Section 43 further specifies that the fiduciary is an authorized user for the purposes of certain laws prohibiting computer fraud and unauthorized access to a computer. Finally, section 43 authorizes a fiduciary to request the termination of an account if the termination would not violate a fiduciary duty.

      Section 44 of this bill: (1) requires a custodian to comply with the request of a fiduciary for disclosure of digital assets within 60 days after receipt of a complete request; and (2) authorizes a fiduciary to apply to a court for an order directing compliance if the custodian fails to comply with the request. Section 44 further authorizes a custodian to: (1) notify an account holder of a request for disclosure of digital assets or for termination of an account; and (2) deny a request for disclosure of digital assets or for termination of an account if the custodian is aware of lawful access to the account after receipt of the request. Finally, section 44 provides that a custodian and its officers, employees and agents are immune from liability for any act or omission done in good faith and in compliance with this bill.

      Section 47 of this bill repeals a provision of existing law which authorizes the personal representative of a deceased person to direct the termination of any account of the deceased person on any Internet website providing social networking, electronic mail or certain other services because such authority would be granted under the provisions of this bill.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Title 59 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 46, inclusive, of this act.

      Sec. 2. This chapter may be cited as the Revised Uniform Fiduciary Access to Digital Assets Act of 2015.

      Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 30, inclusive, of this act have the meaning ascribed to them in those sections.

      Sec. 4. “Account” means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives or stores a digital asset of the user or provides goods or services to the user.

      Sec. 5. “Agent” means an attorney-in-fact granted authority under a durable or nondurable power of attorney.

      Sec. 6. “Carries” means engages in the transmission of an electronic communication.

      Sec. 7. “Catalogue of electronic communications” means information that identifies each person with which a user has had an electronic communication, the time and date of the communication and the electronic address of the person.

      Sec. 8. “Content of an electronic communication” means information concerning the substance or meaning of the communication that:

      1.  Has been sent or received by a user;

      2.  Is in electronic storage by a custodian providing an electronic-communication service to the public or is carried or maintained by a custodian providing a remote-computing service to the public; and

      3.  Is not readily accessible to the public.

      Sec. 9. “Court” means a district court of this State.

 


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      Sec. 10. “Custodian” means a person that carries, maintains, processes, receives or stores a digital asset of a user.

      Sec. 11. “Designated recipient” means a person chosen by a user using an online tool to administer digital assets of the user.

      Sec. 12. “Digital asset” means an electronic record in which a natural person has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record.

      Sec. 13. “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

      Sec. 14. “Electronic communication” has the meaning set forth in 18 U.S.C. § 2510(12).

      Sec. 15. “Electronic-communication service” means a custodian that provides to a user the ability to send or receive an electronic communication.

      Sec. 16. “Fiduciary” means an original, additional or successor personal representative, guardian, agent or trustee.

      Sec. 17. “Guardian” means a person appointed by a court to manage the estate of a living natural person. The term includes a special guardian as defined in NRS 159.026.

      Sec. 18. “Information” means data, text, images, videos, sounds, codes, computer programs, software, databases or the like.

      Sec. 19. “Online tool” means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person.

      Sec. 20. “Person” means a natural person, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or other legal entity.

      Sec. 21. “Personal representative” means an executor, administrator, special administrator or person that performs substantially the same function under law of this State other than this chapter.

      Sec. 22. “Power of attorney” means a record that grants an agent authority to act in the place of a principal.

      Sec. 23. “Principal” means a natural person who grants authority to an agent in a power of attorney.

      Sec. 24. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

      Sec. 25. “Remote-computing service” means a custodian that provides to a user computer-processing services or the storage of digital assets by means of an electronic communications system as defined in 18 U.S.C. § 2510(14).

      Sec. 26. “Terms-of-service agreement” means an agreement that controls the relationship between a user and a custodian.

      Sec. 27. “Trustee” means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee.

      Sec. 28. “User” means a person that has an account with a custodian.

 


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      Sec. 29. “Ward” means a natural person for whom a guardian has been appointed. The term includes a natural person for whom an application for the appointment of a guardian is pending.

      Sec. 30. “Will” includes a codicil, testamentary instrument that only appoints an executor and instrument that revokes or revises a testamentary instrument.

      Sec. 31. 1.  This chapter applies to:

      (a) A fiduciary acting under a will or power of attorney executed before, on or after October 1, 2017;

      (b) A personal representative acting for a decedent who died before, on or after October 1, 2017;

      (c) A guardianship proceeding commenced before, on or after October 1, 2017; and

      (d) A trustee acting under a trust created before, on or after October 1, 2017.

      2.  This chapter applies to a custodian if the user resides in this State or resided in this State at the time of the user’s death.

      3.  This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business.

      Sec. 32. 1.  A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney or other record.

      2.  If a user has not used an online tool to give direction under subsection 1 or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney or other record, disclosure to a fiduciary of some or all of the user’s digital assets, including the content of electronic communications sent or received by the user.

      3.  A user’s direction under subsection 1 or 2 overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user’s assent to the terms of service.

      Sec. 33. 1.  This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.

      2.  This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.

      3.  A fiduciary’s or designated recipient’s access to digital assets may be modified or eliminated by a user, by federal law or by a terms-of-service agreement if the user has not provided direction under section 32 of this act.

      Sec. 34. 1.  When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion:

      (a) Grant a fiduciary or designated recipient full access to the user’s account;

      (b) Grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or

 


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      (c) Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.

      2.  A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.

      3.  A custodian need not disclose under this chapter a digital asset deleted by a user.

      4.  If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the user’s digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose:

      (a) A subset limited by date of the user’s digital assets;

      (b) All of the user’s digital assets to the fiduciary or designated recipient;

      (c) None of the user’s digital assets; or

      (d) All of the user’s digital assets to the court for review in camera.

      Sec. 35. If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:

      1.  A written request for disclosure in physical or electronic form;

      2.  A certified copy of the death certificate of the user;

      3.  A certified copy of the court order appointing the representative;

      4.  Unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney or other record evidencing the user’s consent to disclosure of the content of electronic communications; and

      5.  If requested by the custodian:

      (a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;

      (b) Evidence linking the account to the user; or

      (c) A finding by the court that:

             (1) The user had a specific account with the custodian, identifiable by the information specified in paragraph (a);

             (2) Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. §§ 2701 et seq. or 47 U.S.C. § 222 or other applicable law;

             (3) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or

             (4) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.

      Sec. 36. Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian:

      1.  A written request for disclosure in physical or electronic form;

 


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      2.  A certified copy of the death certificate of the user;

      3.  A certified copy of court order appointing the representative; and

      4.  If requested by the custodian:

      (a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;

      (b) Evidence linking the account to the user;

      (c) An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for administration of the estate; or

      (d) A finding by the court that:

             (1) The user had a specific account with the custodian, identifiable by the information specified in paragraph (a); or

             (2) Disclosure of the user’s digital assets is reasonably necessary for administration of the estate.

      Sec. 37. To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian:

      1.  A written request for disclosure in physical or electronic form;

      2.  An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;

      3.  A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and

      4.  If requested by the custodian:

      (a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or

      (b) Evidence linking the account to the principal.

      Sec. 38. Unless otherwise ordered by the court, directed by the principal or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:

      1.  A written request for disclosure in physical or electronic form;

      2.  An original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;

      3.  A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and

      4.  If requested by the custodian:

      (a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or

      (b) Evidence linking the account to the principal.

      Sec. 39. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.

 


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      Sec. 40. Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received or stored by the custodian in the account of the trust if the trustee gives the custodian:

      1.  A written request for disclosure in physical or electronic form;

      2.  A certified copy of the trust instrument or a certification of trust pursuant to NRS 164.400 to 164.440, inclusive, that includes consent to disclosure of the content of electronic communications to the trustee;

      3.  A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and

      4.  If requested by the custodian:

      (a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or

      (b) Evidence linking the account to the trust.

      Sec. 41. Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:

      1.  A written request for disclosure in physical or electronic form;

      2.  A certified copy of the trust instrument or a certification of trust pursuant to NRS 164.400 to 164.440, inclusive;

      3.  A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and

      4.  If requested by the custodian:

      (a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or

      (b) Evidence linking the account to the trust.

      Sec. 42. 1.  After an opportunity for a hearing under chapter 159 or 160 of NRS, the court may grant a guardian access to the digital assets of a ward.

      2.  Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by a ward and any digital assets, other than the content of electronic communications, in which the ward has a right or interest if the guardian gives the custodian:

      (a) A written request for disclosure in physical or electronic form;

      (b) A certified copy of the court order that gives the guardian authority over the digital assets of the ward; and

      (c) If requested by the custodian:

             (1) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the account of the ward; or

             (2) Evidence linking the account to the ward.

      3.  A guardian with general authority to manage the assets of a ward may request a custodian of the digital assets of the ward to suspend or terminate an account of the ward for good cause.

 


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terminate an account of the ward for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the guardian authority over the ward’s property.

      Sec. 43. 1.  The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:

      (a) The duty of care;

      (b) The duty of loyalty; and

      (c) The duty of confidentiality.

      2.  A fiduciary’s or designated recipient’s authority with respect to a digital asset of a user:

      (a) Except as otherwise provided in section 32 of this act, is subject to the applicable terms of service;

      (b) Is subject to other applicable law, including copyright law;

      (c) In the case of a fiduciary, is limited by the scope of the fiduciary’s duties; and

      (d) May not be used to impersonate the user.

      3.  A fiduciary with authority over the property of a decedent, ward, principal or settlor has the right to access any digital asset in which the decedent, ward, principal or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.

      4.  A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of the property of the decedent, ward, principal or settlor for the purpose of NRS 205.473 to 205.513, inclusive.

      5.  A fiduciary with authority over the tangible personal property of a decedent, ward, principal or settlor:

      (a) Has the right to access the property and any digital asset stored in it; and

      (b) Is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws.

      6.  A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.

      7.  A fiduciary of a user may request a custodian to terminate the user’s account. A request for termination must be in writing, in either physical or electronic form, and accompanied by:

      (a) If the user is deceased, a certified copy of the death certificate of the user;

      (b) A certified copy of the court order appointing the representative, court order, power of attorney or trust giving the fiduciary authority over the account; and

      (c) If requested by the custodian:

             (1) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;

             (2) Evidence linking the account to the user; or

             (3) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (1).

      Sec. 44. 1.  Not later than 60 days after receipt of the information required under sections 35 to 43, inclusive, of this act, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.

 


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fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.

      2.  An order under subsection 1 directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. § 2702.

      3.  A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.

      4.  A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary’s request.

      5.  This chapter does not limit a custodian’s ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order which:

      (a) Specifies that an account belongs to the ward or principal;

      (b) Specifies that there is sufficient consent from the ward or principal to support the requested disclosure; and

      (c) Contains a finding required by law other than this chapter.

      6.  A custodian and its officers, employees and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.

      Sec. 45. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

      Sec. 46. This chapter modifies, limits or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but does not modify, limit or supersede section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. § 7003(b).

      Sec. 47. NRS 143.188 is hereby repealed.

________

CHAPTER 39, AB 482

Assembly Bill No. 482–Committee on Education

 

CHAPTER 39

 

[Approved: May 19, 2017]

 

AN ACT relating to education; revising provisions relating to the use of state money for programs of career and technical education; requiring representatives of industry sector councils to make recommendations on the awarding of certain grants; revising provisions relating to the proportion of the total amount of state money a school district or charter school may receive for programs of career and technical education; requiring the Executive Officer of the State Board for Career and Technical Education to designate certain program professionals; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the State Board for Career and Technical Education to oversee programs of career and technical education in the public schools of this State. (NRS 388.330-388.370) Existing law requires the board of trustees of each school district in a county whose population is 100,000 or more (currently Clark and Washoe Counties), and authorizes the board of trustees of any other school district, to establish and maintain a program of career and technical education to provide instruction in subjects approved by the Board.

 


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Counties), and authorizes the board of trustees of any other school district, to establish and maintain a program of career and technical education to provide instruction in subjects approved by the Board. (NRS 388.380) Existing law also: (1) specifies the manner in which certain state money available for career and technical education may be allocated; (2) specifies the purposes for which the money may be used; and (3) requires the Executive Officer of the Board to award grants based on certain criteria. (NRS 388.390-388.395)

      Section 1 of this bill limits the amount of money the Board is authorized to distribute to support the activities of certain pupil organizations for career and technical education. Section 1 also removes a requirement that the Board request that each industry sector council name one representative to make recommendations to the Executive Officer of the Board on the awarding of grants, and instead requires representatives of the councils to provide such recommendations.

      Sections 2 and 3 of this bill remove the requirement that the Executive Officer of the Board award grants based on certain criteria and instead require the awarding of grants to be based upon criteria prescribed by the State Board of Education. Section 2 authorizes the Executive Officer to award grants for the purposes of improving existing programs of career and technical education, in addition to awarding grants for the purposes of developing new programs or expanding existing programs. Section 3 revises provisions relating to the proportion of the total amount of certain state money that a school district or charter school may receive for programs of career and technical education.

      Existing law requires the Board to designate a program professional to perform certain duties relating to programs of career and technical education that have received grants of money. (NRS 388.396) Section 4 of this bill requires the Executive Officer of the Board to make this designation.

 

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 388.392 is hereby amended to read as follows:

      388.392  1.  Of state money appropriated for use in a fiscal year for programs of career and technical education, the State Board for Career and Technical Education shall not use more than 7.5 percent to provide leadership and training activities in that fiscal year.

      2.  Before allocating state money, if any, to provide leadership and training activities, the State Board for Career and Technical Education shall:

      (a) Distribute 30 percent of the state money in the manner set forth in NRS 388.393; and

      (b) Distribute not more than 5 percent of the state money to pupil organizations for career and technical education in the manner set forth in NRS 388.394.

      3.  After distributing the state money pursuant to subsection 2 and allocating state money, if any, to provide leadership and training activities, the State Board for Career and Technical Education shall distribute the remainder of state money in the manner set forth in NRS 388.395.

      4.  The State Board for Career and Technical Education shall request that [each] representatives of the industry sector [council] councils established pursuant to subsection 2 of NRS 232.935 [name one representative to] provide recommendations to the Executive Officer of the State Board for Career and Technical Education on the awarding of grants pursuant to NRS 388.393.

      5.  As used in this section, “leadership and training activities” means:

 


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      (a) Activities by or for pupil organizations for career and technical education;

      (b) Training activities for teachers of classes or programs of career and technical education;

      (c) Activities at or for a conference of teachers of classes or programs of career and technical education;

      (d) Promotion and marketing of classes or programs of career and technical education; and

      (e) The development of standards and assessments of career and technical education for the purposes of leadership and training.

      Sec. 2. NRS 388.393 is hereby amended to read as follows:

      388.393  1.  The board of trustees of a school district or the governing body of a charter school may apply to the State Board for Career and Technical Education for a grant for a program of career and technical education, to be paid for with money distributed pursuant to paragraph (a) of subsection 2 of NRS 388.392, by submitting an application to the person appointed pursuant to NRS 388.342.

      2.  [Upon receipt of an application for a grant, the person shall forward the application to each representative of an industry sector council named pursuant to subsection 4 of NRS 388.392 to review the application.

      3.]  The Executive Officer of the State Board for Career and Technical Education shall review the recommendations of the representatives of the industry sector councils and award grants for the purposes of developing new programs of career and technical education or improving or expanding existing programs of career and technical education. The awarding of grants must be based on the [following criteria of the program of career and technical education:

      (a) Standards and instruction.

      (b) Leadership development.

      (c) Practical application of occupational skills.

      (d) Quality and competence of personnel.

      (e) Facilities, equipment and materials.

      (f) Community, business and industry involvement.

      (g) Career guidance.

      (h) Program promotion.

      (i) Program accountability and planning.

      (j) Pupil-teacher ratio.

      (k) Whether the program will lead to a national credential or certification.] criteria established by regulation of the State Board of Education.

      Sec. 3. NRS 388.395 is hereby amended to read as follows:

      388.395  1.  The board of trustees of a school district or the governing body of a charter school may apply to the State Board for Career and Technical Education for a grant for a program of career and technical education, to be paid for from the remainder of state money described in subsection 3 of NRS 388.392.

      2.  The State Board for Career and Technical Education shall review all applications submitted pursuant to subsection 1 and award grants based on the [following criteria of the program of career and technical education:

      (a) Standards and instruction.

      (b) Leadership development.

      (c) Practical application of occupational skills.

 


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      (d) Quality and competence of personnel.

      (e) Facilities, equipment and materials.

      (f) Community, business and industry involvement.

      (g) Career guidance.

      (h) Program promotion.

      (i) Program accountability and planning.

      (j) Pupil-teacher ratio.

      (k) Whether the program will lead to a national credential or certification.] criteria established by regulation of the State Board of Education.

      3.  The proportion of the total amount awarded pursuant to subsection 2 to a school district or charter school during a fiscal year must not exceed the proportion of the [duplicated] enrollment of pupils in programs of career and technical education in the school district or charter school during the previous fiscal year, as compared to the [duplicated] enrollments of pupils in programs of career and technical education throughout the State during the previous fiscal year. [For the purposes of determining the duplicated enrollment of pupils in a program of career and technical education, each pupil must be counted once for each program of career and technical education in which he or she is enrolled.]

      Sec. 4. NRS 388.396 is hereby amended to read as follows:

      388.396  For each grant of money awarded pursuant to NRS 388.393, 388.394 or 388.395, the Executive Officer of the State Board for Career and Technical Education shall designate a program professional to:

      1.  Evaluate the manner in which the money was expended and the effectiveness of the program of career and technical education for which the money was granted; and

      2.  Report the results of the review to the State Board for Career and Technical Education.

      Sec. 5.  This act becomes effective upon passage and approval for the purpose of adopting regulations and performing any other administrative tasks that are necessary to carry out the provisions of this act and on January 1, 2018, for all other purposes.

________

CHAPTER 40, AB 12

Assembly Bill No. 12–Committee on Commerce and Labor

 

CHAPTER 40

 

[Approved: May 19, 2017]

 

AN ACT relating to adjusters; requiring adjusters to complete certain continuing education; establishing standards of conduct for adjusters; providing for the licensing of nonresident adjusters; revising provisions relating to the licensing of adjusters; authorizing the issuance of temporary emergency licenses for adjusters in a catastrophe; exempting certain persons from the requirement to pass an examination before issuance of a license as an adjuster; authorizing the Commissioner of Insurance to enter into certain contracts; and providing other matters properly relating thereto.

 


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Legislative Counsel’s Digest:

      Existing law prohibits a person from acting as or holding himself or herself out to be an adjuster without a license. (NRS 684A.040) Section 7 of this bill requires certain natural persons who hold a license as an adjuster to complete certain courses of continuing education before the license may be renewed. Section 8 of this bill requires an adjuster to adhere to certain standards of conduct. Section 9 of this bill provides for the issuance of nonresident licenses as an adjuster. Section 10 of this bill authorizes the Commissioner of Insurance to promulgate reasonable regulations relating to adjusters. Section 15.5 of this bill authorizes the Commissioner to license an individual as a company adjuster or a staff adjuster, in addition to the current types of licensure. (NRS 684A.050)

      Section 17 of this bill provides for the temporary emergency licensure of natural persons as adjusters in the event of a declared catastrophe. Section 17 also imposes upon an applicant for a temporary emergency license the requirement to pay all fees that apply to an adjuster. Section 21 of this bill exempts a person who is licensed as an adjuster in another state from the requirement to pass an examination before being issued a license in this State in certain circumstances. Section 22 of this bill authorizes the Commissioner to enter into a contract with a nongovernmental entity to perform ministerial duties relating to licensing. Sections 12, 14, 15-20 and 23-25 of this bill make various revisions relating to the licensing of adjusters.

 

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 683A.085 is hereby amended to read as follows:

      683A.085  No person may act as, offer to act as or hold himself or herself out to the public as an administrator, unless [the] :

      1.  The person has obtained a certificate of registration as an administrator from the Commissioner pursuant to NRS 683A.08524 [.] ;

      2.  If the person is an individual and adjusts workers’ compensation claims in this State, the person is licensed pursuant to chapter 684A of NRS; and

      3.  If any employee of the person adjusts workers’ compensation claims in this State, each such employee who adjusts workers’ compensation claims in this State is licensed pursuant to chapter 684A of NRS.

      Sec. 1.5. Chapter 684A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.

      Sec. 2.  “Business entity” means a corporation, association, partnership, limited-liability company, limited-liability partnership or other legal entity.

      Sec. 3. “Catastrophe” means an event that:

      1.  Results in large numbers of deaths or injuries, causes extensive damage or destruction of facilities that provide and sustain human needs, produces an overwhelming demand on state and local response resources and mechanisms, causes a severe, long-term effect on general economic activity or severely affects state, local and private sector capabilities to begin and sustain response activities; and

      2.  Is declared by the Governor.

      Sec. 4. “Person” means an individual or business entity.

      Sec. 5. “Uniform Business Entity Application” means the current version of the Uniform Application for Business Entity License/Registration for resident and nonresident business entities published by the National Association of Insurance Commissioners.

 


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License/Registration for resident and nonresident business entities published by the National Association of Insurance Commissioners.

      Sec. 6. “Uniform Individual Application” means the current version of the Uniform Application for Individual Producer License/Registration for resident and nonresident individuals published by the National Association of Insurance Commissioners.

      Sec. 7. 1.  Except as otherwise provided in subsection 2, an individual who holds a license as an adjuster must satisfactorily complete a minimum of 24 hours of courses of continuing education, of which 3 hours must be in ethics, which are reported to the Commissioner as a condition for the renewal of his or her license.

      2.  This section does not apply to an individual who:

      (a) Holds a nonresident license as an adjuster; and

      (b) Has met the continuing education requirements of his or her home state.

      Sec. 8. 1.  An adjuster shall be honest and fair in all communications with the insured, the insurer and the public.

      2.  An adjuster shall give policyholders and claimants prompt, knowledgeable service and courteous, fair and objective treatment at all times.

      3.  An adjuster shall not give legal advice and shall not deal directly with any policyholder or claimant who is represented by legal counsel without the consent of the legal counsel involved.

      4.  An adjuster shall comply with all local, state and federal privacy and information security laws, if applicable.

      5.  An adjuster shall identify himself or herself as an adjuster and, if applicable, identify his or her employer when dealing with any policyholder or claimant.

      6.  An adjuster shall not have any financial interest in any adjustment or acquire for himself or herself or any person any interest or title in salvage without first receiving written authority from the principal.

      Sec. 9. 1.  The Commissioner shall issue a nonresident license as an adjuster to a nonresident person if:

      (a) The person is currently licensed in good standing as an adjuster in the resident or home state of the person;

      (b) The person has submitted the proper request for licensure and has paid the fees required pursuant to NRS 680B.010 and, in addition to any other fee or charge, all applicable fees required pursuant to NRS 680C.110;

      (c) The person has submitted or transmitted to the Commissioner the appropriate completed application for licensure; and

      (d) The home state of the person awards nonresident licenses as an adjuster to persons of this State on the same basis.

      2.  The Commissioner may verify the licensing status of the nonresident person through any appropriate database, including, without limitation, the Producer Database maintained by the National Insurance Producer Registry, its affiliates or subsidiaries, or may request that the nonresident person submit proof that the nonresident person is licensed and in good standing in the person’s home state as an adjuster.

      3.  As a condition to the continuation of a nonresident license as an adjuster, the nonresident adjuster shall maintain a resident license as an adjuster in the home state of the adjuster. A nonresident license as an adjuster issued under this section shall be terminated and must be surrendered immediately to the Commissioner if the resident license as an adjuster in the home state is terminated for any reason, unless:

 


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ê2017 Statutes of Nevada, Page 167 (Chapter 40, AB 12)ê

 

adjuster issued under this section shall be terminated and must be surrendered immediately to the Commissioner if the resident license as an adjuster in the home state is terminated for any reason, unless:

      (a) The termination is due to the nonresident adjuster being issued a new resident license as an adjuster in a new home state; and

      (b) The new resident license as an adjuster is from a state that has reciprocity with this State.

      4.  The Commissioner shall give notice of the termination of a resident license as an adjuster within 30 days after the date of the termination to any states that issued a nonresident license as an adjuster to the holder of the resident license. If the resident license as an adjuster was terminated due to a change in the home state of the adjuster, the notice must include both the previous and current address of the adjuster.

      5.  The Commissioner shall terminate a nonresident license as an adjuster issued pursuant to this section if the adjuster establishes legal residency in this State and fails to apply for a resident license as an adjuster within 90 days after establishing legal residency.

      Sec. 10. The Commissioner may promulgate reasonable regulations as are necessary or proper to carry out the purposes of this chapter.

      Sec. 11. NRS 684A.015 is hereby amended to read as follows:

      684A.015  As used in this Code, unless the context otherwise requires, the words and terms defined in NRS 684A.020 to 684A.030, inclusive, and sections 2 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 12. NRS 684A.020 is hereby amended to read as follows:

      684A.020  1.  Except as otherwise provided in subsection 2, “adjuster” means any person who, for compensation [as an independent contractor or for] , including, without limitation, a fee or commission, investigates and settles, and reports to his or her principal relative to, claims:

      (a) Arising under insurance contracts for property, casualty or surety coverage, including, without limitation, workers’ compensation coverage, on behalf solely of the insurer or the insured; or

      (b) Against a self-insurer who is providing similar coverage . [, unless the coverage provided relates to a claim for industrial insurance.]

      2.  For the purposes of this chapter:

      (a) An associate adjuster, as defined in NRS 684A.030;

      (b) An attorney at law who adjusts insurance losses from time to time incidental to the practice of his or her profession;

      (c) An adjuster of ocean marine losses;

      (d) A salaried employee of an insurer [;] , unless the employee:

             (1) Investigates, negotiates or settles workers’ compensation claims; and

             (2) Obtains a license pursuant to this chapter;

      (e) A salaried employee of a managing general agent maintaining an underwriting office in this state;

      (f) An employee of an independent adjuster or an employee of an affiliate of an independent adjuster who is one of not more than 25 such employees under the supervision of an independent adjuster or licensed agent and who:

             (1) Collects information relating to a claim for coverage arising under an insurance contract from or furnishes such information to an insured or a claimant; and

 


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             (2) Conducts data entry, including, without limitation, entering data into an automated claims adjudication system;

      (g) A licensed agent who supervises not more than 25 employees described in paragraph (f);

      (h) A person who is employed only to collect factual information concerning a claim for coverage arising under an insurance contract;

      (i) A person who is employed [only] solely to [provide] obtain facts surrounding a claim or to furnish technical assistance to [an] a licensed independent adjuster;

      (j) A person who is employed to investigate suspected fraudulent insurance claims [for coverage arising under an insurance contract] but who does not adjust losses or determine the payment of claims;

      (k) A person who performs only executive, administrative, managerial or clerical duties, or any combination thereof, but does not investigate , negotiate or settle claims [for coverage arising under an insurance contract;] with a policyholder or claimant or the legal representative of a policyholder or claimant;

      (l) A licensed health care provider or any employee thereof who provides managed care services if those services do not include the determination of compensability;

      (m) A managed care organization or any employee thereof or an organization that provides managed care services or any employee thereof if the services provided do not include the determination of compensability;

      (n) A person who settles only reinsurance or subrogation claims;

      (o) A broker, agent or representative of a risk retention group;

      (p) An attorney-in-fact of a reciprocal insurer; [or]

      (q) A manager of a branch office of an alien insurer that is located in the United States [,] ; or

      (r) A person authorized to adjust claims under the authority of a third-party administrator who holds a certificate of registration issued by the Commissioner pursuant to NRS 683A.08524, unless the person investigates, negotiates or settles workers’ compensation claims,

Ê is not considered an adjuster.

      Sec. 13. NRS 684A.027 is hereby amended to read as follows:

      684A.027  “Home state” means:

      1.  The District of Columbia or any state or territory of the United States in which an independent, company, staff or public adjuster maintains his , [or] her or its principal place of residence or principal place of business and is licensed to act as [an] a resident independent, company, staff or public adjuster; or

      2.  If neither the state in which the adjuster maintains his or her principal place of residence nor the state in which the adjuster maintains his , [or] her or its principal place of business [has a licensing or examination requirement,] licenses independent, company, staff or public adjusters for the line of authority sought by the adjuster, a state:

      (a) Which has an examination requirement;

      (b) In which the adjuster is licensed; and

      (c) Which the adjuster declares to be the home state.

      Sec. 14. NRS 684A.030 is hereby amended to read as follows:

      684A.030  1.  “Independent adjuster” means an adjuster who is representing the interests of an insurer or a self-insurer [.] and who:

 


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      (a) Contracts for compensation with the insurer or self-insurer as an independent contractor or an employee of an independent contractor;

      (b) Is treated for tax purposes by the insurer or self-insurer in a manner consistent with an independent contractor rather than an employee; and

      (c) Investigates, negotiates or settles property, casualty or surety claims, including, without limitation, workers’ compensation claims, for the insurer or self-insurer.

      2.  “Public adjuster” means an adjuster employed by and representing solely the financial interests of the insured named in the policy. The term does not include an adjuster who investigates, negotiates or settles workers’ compensation claims.

      3.  “Company adjuster” means a salaried employee of an insurer who:

      (a) Investigates, negotiates or settles workers’ compensation claims; and

      (b) Obtains a license pursuant to this chapter.

      4.  “Staff adjuster” means a person who investigates, negotiates or settles workers’ compensation claims under the authority of a third-party administrator who holds a certificate of registration issued by the Commissioner pursuant to NRS 683A.08524.

      5.  “Associate adjuster” means an employee of an adjuster who, under the direct supervision of the adjuster, assists in the investigation and settlement of insurance losses on behalf of his or her employer.

      Sec. 15. NRS 684A.040 is hereby amended to read as follows:

      684A.040  1.  [No] Except as otherwise provided in NRS 684A.060, no person may act as, or hold himself or herself out to be, an adjuster or associate adjuster in this State unless then licensed as such under the applicable [independent adjuster’s license, public] adjuster’s license or associate adjuster’s license, as the case may be, issued under the provisions of this chapter.

      2.  Any person violating the provisions of this section is guilty of a gross misdemeanor.

      3.  [A] Except as otherwise provided in NRS 684A.060, a person who acts as an adjuster in this State without a license is subject to an administrative fine of not more than $1,000 for each violation.

      4.  A salaried employee of an insurer who investigates, negotiates or settles workers’ compensation claims may, but is not required to, obtain a license as a company adjuster pursuant to this chapter. The provisions of subsections 1, 2 and 3 do not apply to a salaried employee of an insurer.

      Sec. 15.5. NRS 684A.050 is hereby amended to read as follows:

      684A.050  1.  The Commissioner may license an individual as [either] an independent adjuster , [or as] a public adjuster [.] , a company adjuster or a staff adjuster. No individual shall be licensed concurrently under the same license or separate licenses as [an independent adjuster and as a public] more than one such type of adjuster.

      2.  A company adjuster and a staff adjuster shall pay the same fees as provided for an independent adjuster in NRS 680B.010 and 680C.110.

      Sec. 16. NRS 684A.055 is hereby amended to read as follows:

      684A.055  No person who is engaged in the business of repairing the bodies of automobiles may:

      1.  Be licensed pursuant to this chapter.

 


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      2.  Own a controlling interest in a [firm or corporation] business entity licensed pursuant to NRS 684A.080.

      Sec. 17. NRS 684A.060 is hereby amended to read as follows:

      684A.060  1.  On behalf of, as authorized by, an insurer as to which he or she is licensed as an agent under chapter 683A of NRS, an agent may from time to time act as an adjuster without a license as an adjuster; but no such agent shall act as an adjuster for an insurer with which the agent has a contract providing for compensation retrospectively contingent upon losses incurred under insurance sold or serviced by the agent.

      2.  No license shall be required of a nonresident salaried adjuster [or independent adjuster] for the adjustment in this state of one or more losses arising out of a catastrophe common to all such losses where such losses are designated to be a catastrophe by responsible insurance associations or the Commissioner.

      3.  In the event of a catastrophe, an insurer shall notify the Commissioner by an application for the issuance of a temporary emergency license for each individual who is not already licensed in this State and who will act as an emergency adjuster on behalf of the insurer. The Commissioner, by regulation, shall establish standards and procedures to allow for the temporary emergency licensure of an emergency adjuster in this State.

      4.  An individual who is not already licensed in this State but who is otherwise qualified to adjust claims may act as an emergency adjuster and adjust claims if, within 5 days after deploying the individual to adjust claims arising from the catastrophe, the insurer notifies the Commissioner by providing the following information in a format prescribed by the Commissioner:

      (a) The name of the individual;

      (b) The social security number of the individual;

      (c) The name of the insurer the individual will represent;

      (d) The effective date of the contract between the insurer and the individual;

      (e) The catastrophe or loss control number;

      (f) The name of the catastrophe; and

      (g) Any other information the Commissioner deems necessary.

      5.  The temporary emergency license of an individual as an emergency adjuster is valid for not more than 90 days unless extended by the Commissioner.

      6.  For the protection of the people of this State, the Commissioner may not issue a temporary emergency license except in compliance with the provisions of this chapter. Any individual for whom a temporary emergency license is issued must:

      (a) Be at least 18 years of age;

      (b) Be competent, trustworthy, financially responsible and of good reputation, as determined by the Commissioner;

      (c) Never have been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion or conspiracy to defraud and never have committed any act that is a ground for refusal to issue, suspension or revocation of a license pursuant to NRS 683A.451.

      7.  An application for a temporary emergency license must be accompanied by the license fee specified for an adjuster in NRS 680B.010 and, in addition to any other fee or charge, all fees required for an adjuster pursuant to NRS 680C.110.

 


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and, in addition to any other fee or charge, all fees required for an adjuster pursuant to NRS 680C.110.

      Sec. 18. NRS 684A.070 is hereby amended to read as follows:

      684A.070  1.  For the protection of the people of this State, the Commissioner may not issue or continue any license as an adjuster except in compliance with the provisions of this chapter. Any person for whom a license is issued or continued must:

      (a) Be at least 18 years of age;

      (b) Be eligible to declare this State as his or her home state;

      (c) Be competent, trustworthy, financially responsible and of good reputation [;

      (c)], as determined by the Commissioner;

      (d) Never have been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion [,] or conspiracy to defraud [or any crime involving moral turpitude;

      (d)];

      (e) Except as otherwise provided in subsection 4, never have committed any act that is a ground for refusal to issue, suspension or revocation of a license pursuant to NRS 683A.451;

      (f) Unless exempted pursuant to NRS 684A.100 or 684A.105, successfully complete a prelicensing course of study prescribed by the Commissioner by regulation and pass all examinations required under this chapter; and

      [(e)](g) Not be concurrently licensed as a producer of insurance for property, casualty or surety or a surplus lines broker, except as a bail agent.

      2.  A natural person who is a resident of this State applying for a license must, as part of his or her application and at the applicant’s own expense:

      (a) Arrange to have a complete set of his or her fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Commissioner; and

      (b) Submit to the Commissioner:

             (1) A completed fingerprint card and written permission authorizing the Commissioner to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Commissioner deems necessary; or

             (2) Written verification, on a form prescribed by the Commissioner, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Commissioner deems necessary.

      3.  The Commissioner may:

      (a) Unless the applicant’s fingerprints are directly forwarded pursuant to subparagraph (2) of paragraph (b) of subsection 2, submit those fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Commissioner deems necessary;

 


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      (b) Request from each such agency any information regarding the applicant’s background as the Commissioner deems necessary; and

      (c) Adopt regulations concerning the procedures for obtaining this information.

      4.  [A conviction of, or plea of guilty, guilty but mentally ill or nolo contendere by, an applicant or licensee for any crime listed in paragraph (c) of subsection 1 is a sufficient ground for the Commissioner to deny a license to the applicant, or to suspend, revoke or limit the license of an adjuster pursuant to NRS 684A.210.] The Commissioner may waive the requirements of paragraph (d) or (e) of subsection 1 for good cause shown.

      5.  For the purposes of paragraph (f) of subsection 1, the Commissioner shall adopt regulations establishing a prelicensing course of study for an adjuster.

      Sec. 19. NRS 684A.080 is hereby amended to read as follows:

      684A.080  1.  [A firm or corporation may be licensed either as an independent adjuster or public adjuster. Each general partner and each other natural person to act for the firm, or each natural person to act for the corporation, must be named in the license and must qualify as an individual licensee. A natural person who is authorized to act for a firm or corporation and who also wishes to be licensed in an individual capacity must obtain a separate license in the natural person’s own name. The Commissioner shall charge a full additional fee for each natural person named in the license.] Any business entity to whom a license is issued or renewed must:

      (a) Be eligible to declare this State as its home state;

      (b) Designate a licensed adjuster to be responsible for the compliance of the business entity with the insurance laws, rules and regulations of this State; and

      (c) Never have committed any act that is a ground for refusal to issue, suspension or revocation of a license pursuant to NRS 683A.451.

      2.  [Transaction] If the business entity is a firm or a corporation, transaction of business under the license must be within the purposes stated in the firm’s partnership agreement or the corporation’s charter [.] , as applicable.

      3.  The licensee shall promptly notify the Commissioner in writing of all changes among its members, directors, officers and other natural persons designated [in the license.] pursuant to subsection 1 or NRS 684A.090.

      Sec. 20. NRS 684A.090 is hereby amended to read as follows:

      684A.090  1.  The applicant for a license as an adjuster shall file a written application therefor with the Commissioner on forms prescribed and furnished by the Commissioner. As part of, or in connection with, the application, the applicant shall furnish information as to his or her identity, personal history, experience, financial responsibility, business record and other pertinent matters as reasonably required by the Commissioner to determine the applicant’s eligibility and qualifications for the license.

      2.  If the applicant is a natural person, the application must include the social security number of the applicant [.] and include a completed copy of the Uniform Individual Application.

      3.  If the applicant is a [firm or corporation,] business entity, the application must designate each individual who is to exercise the license powers and must include:

      (a) A completed copy of the Uniform Business Entity Application;

 


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      (b) The name of each member , [of the firm or each] officer and director of the [corporation;] business entity, as applicable;

      [(b)](c) The name of each executive officer and director who owns more than 10 percent of the outstanding voting securities of the applicant; and

      [(c)](d) The name of any other individual who owns more than 10 percent of the outstanding voting securities of the applicant.

Ê Each such member, officer, director and individual shall furnish information to the Commissioner as though applying for an individual license.

      4.  If the applicant is a nonresident of this state, the application must be accompanied by an appointment of the Commissioner as process agent and agreement to appear pursuant to NRS 684A.200.

      5.  The application must be accompanied by the applicable license fee as specified in NRS 680B.010 and subsection 2 of NRS 684A.050 and, in addition to any other fee or charge, all applicable fees required pursuant to NRS 680C.110 [.] and subsection 2 of NRS 684A.050.

      6.  No applicant for such a license may willfully misrepresent or withhold any fact or information called for in the application form or in connection therewith. A violation of this subsection is a gross misdemeanor.

      7.  If the Commissioner determines that the information contained in a Uniform Individual Application or Uniform Business Entity Application submitted with an application pursuant to this section is not true, correct and complete to the best of the applicant’s knowledge and belief, the Commissioner may refuse to issue a license to the applicant or suspend or revoke the applicant’s license.

      Sec. 21. NRS 684A.105 is hereby amended to read as follows:

      684A.105  1.  An adjuster whose license expires is exempt from retaking the examination required by NRS 684A.100 if:

      [1.](a) The adjuster:

      [(a)](1) Is not a resident of this State;

      [(b)](2) Has passed an examination to become licensed as an adjuster in the person’s home state; and

      [(c)](3) Is currently licensed and in good standing in the person’s home state as an adjuster; or

      [2.](b) The adjuster was licensed in this State as the same type of adjuster within the 24-month period immediately preceding the date of the application, unless the previous license was revoked or suspended or its continuation was refused by the Commissioner.

      2.  A person who applies for a license as an adjuster pursuant to NRS 684A.090 is exempt from taking the examination required by NRS 684A.100 if the person:

      (a) Is licensed as an adjuster in another state;

      (b) Establishes legal residency in this State; and

      (c) Submits an application for a license pursuant to NRS 684A.090 within 90 days after establishing legal residency in this State.

      Sec. 22. NRS 684A.120 is hereby amended to read as follows:

      684A.120  1.  The Commissioner shall prescribe the form of the adjuster license, which shall state:

      (a) The licensee’s name , [and] business address [;] and a personal identification number;

 


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      (b) The classification of the license, whether as an independent adjuster , [or as] a public adjuster [;] , a company adjuster or a staff adjuster;

      (c) Date of issuance and general conditions as to expiration and termination; and

      (d) Such other conditions as the Commissioner deems proper.

      2.  The Commissioner may not issue a license in a trade name unless the name has been registered as provided by law.

      3.  In order to assist in the performance of the Commissioner’s duties, the Commissioner may contract with any nongovernmental entity, including, without limitation, the National Association of Insurance Commissioners or its affiliates or subsidiaries, to perform any ministerial function, including, without limitation, the collection of fees and data, relating to licensing, that the Commissioner deems appropriate.

      Sec. 23. NRS 684A.130 is hereby amended to read as follows:

      684A.130  1.  Each license issued under this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated. A license may be renewed upon payment of all applicable fees for renewal to the Commissioner , completion of any other requirement for renewal of the license specified in this chapter and submission of the statement required pursuant to NRS 684A.143 if the licensee is a natural person. The statement, if required, must be submitted , all requirements must be completed and all applicable fees must be paid on or before the last day of the month in which the license is renewable.

      2.  Any license not so renewed expires at midnight on the last day specified for its renewal. The Commissioner may accept a request for renewal received by the Commissioner within 30 days after the expiration of the license if the request is accompanied by:

      (a) A fee for renewal of 150 percent of all applicable fees otherwise required, except for any fee required pursuant to NRS 680C.110 [;] and subsection 2 of NRS 684A.050;

      (b) If the person requesting renewal is a natural person, the statement required pursuant to NRS 684A.143;

      (c) Proof of successful completion of any requirement for an examination unless exempt pursuant to NRS 684A.105; and

      (d) If applicable, a request for a waiver of the time limit for renewal and of any fine or sanction otherwise required or imposed because of the failure of the licensee to renew his or her license because of military service, extended medical disability or other extenuating circumstance.

      3.  This section does not apply to temporary licenses issued under NRS 684A.150.

      Sec. 24. NRS 684A.180 is hereby amended to read as follows:

      684A.180  1.  Each adjuster shall keep at his or her business address shown on the adjuster’s license a record of all transactions under the license.

      2.  The record shall include:

      (a) A copy of each contract between an independent adjuster and an insurer or self-insurer.

      (b) A copy of all investigations or adjustments undertaken.

      [(b)](c) A statement of any fee, commission or other compensation received or to be received by the adjuster on account of such investigation or adjustment.

      3.  The adjuster shall make such records available for examination by the Commissioner at all times, and shall retain the records for at least 3 years.

 


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      4.  An independent adjuster shall comply with any record retention policy agreed to in a contract between the independent adjuster and an insurer or self-insurer to the extent that such a policy imposes a requirement to retain records for a longer period than the period required by this section.

      Sec. 25. NRS 684A.210 is hereby amended to read as follows:

      684A.210  1.  The Commissioner may suspend, revoke, limit or refuse to continue any adjuster’s license or associate adjuster’s license:

      (a) For any cause specified in any other provision of this chapter;

      (b) For any applicable cause for revocation of the license of a producer of insurance under NRS 683A.451; or

      (c) If the licensee has for compensation represented or attempted to represent both the insurer and the insured in the same transaction.

      2.  The license of a [firm or corporation] business entity may be suspended, revoked, limited or continuation refused for any cause which relates to any individual designated [in or] with respect to the license to exercise its powers.

      3.  The holder of any license which has been suspended or revoked shall forthwith surrender the license to the Commissioner.

      Sec. 26.  This act becomes effective:

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

      2.  On July 1, 2018, for all other purposes.

________

CHAPTER 41, AB 31

Assembly Bill No. 31–Committee on Health and Human Services

 

CHAPTER 41

 

[Approved: May 19, 2017]

 

AN ACT relating to public welfare; revising provisions relating to the Specialist for the Rights of Elderly Persons and the Community Advocate for Elder Rights; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Office of the Specialist for the Rights of Elderly Persons within the Aging and Disability Services Division of the Department of Health and Human Services and requires the Governor to appoint the Specialist for the Rights of Elderly Persons. (NRS 427A.123, 427A.1232) Section 8 of this bill changes the name of the Specialist for the Rights of Elderly Persons to the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition. Section 3 of this bill defines the term “person with a physical disability.” Section 4 of this bill defines the term “person with a related condition.” Section 5 of this bill defines the term “person with an intellectual disability.” Finally, section 6 of this bill redefines the term “elderly person” as an “older person.”

      Section 9 of this bill expands the scope of the powers and duties of the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition to include: (1) services to older persons, persons with a physical disability, persons with an intellectual disability and persons with a related condition; and (2) acting as the State legal assistance developer for the purposes of satisfying certain requirements of federal law.

 


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with a physical disability, persons with an intellectual disability and persons with a related condition; and (2) acting as the State legal assistance developer for the purposes of satisfying certain requirements of federal law. Sections 7, 10, 11 and 13 of this bill make conforming changes.

 

      Existing law establishes the Office of the Community Advocate for Elder Rights within the Aging and Disability Services Division of the Department of Health and Human Services and requires the Administrator of that Division to appoint the Community Advocate for Elder Rights. (NRS 427A.300) Under existing law, the Community Advocate for Elder Rights is required to provide assistance to persons who are 60 years of age or older and do not reside in facilities for long-term care. (NRS 427A.310) Section 12 of this bill authorizes the Administrator to direct the Community Advocate for Elder Rights to provide assistance to persons who are less than 60 years of age and do not reside in facilities for long-term care.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 427A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive of this act.

      Sec. 2. As used in NRS 427A.122 to 427A.1236, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 427A.122 and sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Person with a physical disability” means a person of any age with a physical disability that substantially limits the person’s ability to participate and contribute independently in the community in which he or she lives.

      Sec. 4. “Person with a related condition” means a person of any age who has a severe, chronic disability which:

      1.  Is attributable to:

      (a) Cerebral palsy or epilepsy; or

      (b) Any other condition, other than mental illness, found to be closely related to an intellectual disability because the condition results in impairment of general intellectual functioning or adaptive behavior similar to that of a person with an intellectual disability and requires treatment or services similar to those required by a person with an intellectual disability;

      2.  Is manifested before the person affected attains the age of 22 years;

      3.  Is likely to continue indefinitely; and

      4.  Results in substantial functional limitations in three or more of the following areas of major life activity:

      (a) Taking care of oneself;

      (b) Understanding and use of language;

      (c) Learning;

      (d) Mobility;

      (e) Self-direction; and

      (f) Capacity for independent living.

      Sec. 5. “Person with an intellectual disability” means a person of any age with significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.

 


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      Sec. 6. NRS 427A.122 is hereby amended to read as follows:

      427A.122  [As used in NRS 427A.122 to 427A.1236, inclusive, unless the context otherwise requires, “elderly] “Older person” means a person who is 60 years of age or older.

      Sec. 7. NRS 427A.123 is hereby amended to read as follows:

      427A.123  The Office of [Specialist] Attorney for the Rights of [Elderly] Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition is hereby created within the Aging and Disability Services Division of the Department.

      Sec. 8. NRS 427A.1232 is hereby amended to read as follows:

      427A.1232  1.  The Governor shall appoint the [Specialist] Attorney for the Rights of [Elderly] Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition for a term of 4 years. The person appointed:

      (a) Must be an attorney licensed to practice law in this State;

      (b) Must be qualified by training and experience to perform the duties and functions of the office;

      (c) Is in the unclassified service of the State; and

      (d) Shall report upon request to the Administrator regarding the performance of the duties and the functioning of the office.

      2.  The Governor may remove the [Specialist] Attorney for the Rights of [Elderly] Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition from office for inefficiency, neglect of duty or malfeasance in office.

      Sec. 9. NRS 427A.1234 is hereby amended to read as follows:

      427A.1234  1.  The [Specialist] Attorney for the Rights of [Elderly] Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition shall:

      (a) Provide advocacy and education relating to the legal rights of [elderly] older persons , persons with a physical disability, persons with an intellectual disability or persons with a related condition and shall facilitate the development of legal services to assist [elderly] those persons in securing and maintaining their legal rights.

      (b) Provide, upon request, technical assistance, training and other support relating to the legal rights of [elderly] older persons , persons with a physical disability, persons with an intellectual disability or persons with a related condition, as appropriate, to:

             (1) An attorney who is providing legal services for an [elderly] older person [;] , a person with a physical disability, a person with an intellectual disability or a person with a related condition;

             (2) An employee of a law enforcement agency;

             (3) The Ombudsman or an advocate;

             (4) An employee of an office for protective services of any county; [and]

             (5) An employee of the Division [.] ; and

             (6) Groups that advocate for older persons, persons with a physical disability, persons with an intellectual disability or persons with a related condition.

      (c) Review existing and proposed policies, legislation and regulations that affect [elderly] older persons , persons with a physical disability, persons with an intellectual disability or persons with a related condition and make recommendations as appropriate to the Administrator.

 


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      (d) Review and analyze information relating to the nature and extent of abuse, neglect, exploitation, isolation and abandonment of [elderly] older persons , persons with a physical disability, persons with an intellectual disability or persons with a related condition to identify services that need to be provided, including, without limitation:

             (1) Methods of intervening on behalf of an [elderly] older person , a person with a physical disability, a person with an intellectual disability or a person with a related condition to protect the [elderly] older person , person with a physical disability, person with an intellectual disability or person with a related condition from abuse, neglect, exploitation, isolation or abandonment; and

             (2) Enforcing the laws of this state governing abuse, neglect, exploitation, isolation and abandonment of [elderly] older persons [.] , persons with a physical disability, persons with an intellectual disability or persons with a related condition.

      2.  The [Specialist] Attorney for the Rights of [Elderly] Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition may:

      (a) Have access to, inspect, copy and subpoena all records in the possession of any clerk of a court, law enforcement agency or public or private institution, wherever situated, that relate to the abuse, neglect, exploitation, isolation or abandonment of an [elderly] older person [.] , a person with a physical disability, a person with an intellectual disability or a person with a related condition.

      (b) Have access to all written records in the possession of any person, government, governmental agency or political subdivision of a government that relate to the abuse, neglect, exploitation, isolation or abandonment of an [elderly] older person [.] , a person with a physical disability, a person with an intellectual disability or a person with a related condition.

      (c) Represent and assist any [incompetent] incapacitated older person , person with a physical disability, person with an intellectual disability or person with a related condition until a guardian is appointed for that person.

      (d) Use the information obtained pursuant to paragraphs (a) and (b) to resolve complaints relating to the abuse, neglect, exploitation, isolation or abandonment of an [elderly] older person [.] , a person with a physical disability, a person with an intellectual disability or a person with a related condition.

      (e) Develop services relating to financial management for an [elderly] older person , a person with a physical disability, a person with an intellectual disability or a person with a related condition who is at risk of having a guardian [or conservator] appointed by a court to manage his or her property.

      (f) Act as the State legal assistance developer as described in 42 U.S.C. § 3058j.

      (g) Appear as amicus curiae on behalf of [elderly] older persons , persons with a physical disability, persons with an intellectual disability or persons with a related condition in any court in this state.

      [(g)] (h) Perform such other functions as are necessary to carry out the duties and the functions of the office of the [Specialist] Attorney for the Rights of [Elderly] Older Persons [.] and Persons with a Physical Disability, an Intellectual Disability or a Related Condition.

 


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      Sec. 10. NRS 427A.1236 is hereby amended to read as follows:

      427A.1236  All records in the possession of the [Specialist] Attorney for the Rights of [Elderly] Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition relating to his or her counseling or representation of an [elderly] older person , a person with a physical disability, a person with an intellectual disability or a person with a related condition are confidential and must not be released to any other person except upon order of a court of competent jurisdiction or pursuant to NRS 239.0115.

      Sec. 11. NRS 427A.175 is hereby amended to read as follows:

      427A.175  1.  Within 1 year after an older patient sustains damage to his or her property as a result of any act or failure to act by a facility for intermediate care, a facility for skilled nursing, a residential facility for groups, a home for individual residential care, an agency to provide personal care services in the home, an intermediary service organization, a community health worker pool, a peer support recovery organization or an agency to provide nursing in the home in protecting the property, the older patient may file a verified complaint with the Division setting forth the details of the damage.

      2.  Upon receiving a verified complaint pursuant to subsection 1, the Administrator shall investigate the complaint and attempt to settle the matter through arbitration, mediation or negotiation.

      3.  If a settlement is not reached pursuant to subsection 2, the facility, home, agency, organization or older patient may request a hearing before the [Specialist] Attorney for the Rights of [Elderly] Older Persons [.] and Persons with a Physical Disability, an Intellectual Disability or a Related Condition. If requested, the [Specialist] Attorney for the Rights of [Elderly] Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition shall conduct a hearing to determine whether the facility, home, agency, pool or organization is liable for damages to the patient. If the [Specialist] Attorney for the Rights of [Elderly] Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition determines that the facility, home, agency, pool or organization is liable for damages to the patient, the [Specialist] Attorney for the Rights of [Elderly] Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition shall order the amount of the surety bond pursuant to NRS 449.065 or the substitute for the surety bond necessary to pay for the damages pursuant to NRS 449.067 to be released to the Division. The Division shall pay any such amount to the older patient or the estate of the older patient.

      4.  The Division shall create a separate account for money to be collected and distributed pursuant to this section.

      5.  As used in this section:

      (a) “Agency to provide nursing in the home” has the meaning ascribed to it in NRS 449.0015;

      (b) “Agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021;

      (c) “Community health worker pool” has the meaning ascribed to it in NRS 449.0028;

      (d) “Facility for intermediate care” has the meaning ascribed to it in NRS 449.0038;

 


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      (e) “Facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039;

      (f) “Home for individual residential care” has the meaning ascribed to it in NRS 449.0105;

      (g) “Intermediary service organization” has the meaning ascribed to it in NRS 449.4304;

      (h) “Older patient” has the meaning ascribed to it in NRS 449.065;

      (i) “Peer support recovery organization” has the meaning ascribed to it in NRS 449.01563; and

      (j) “Residential facility for groups” has the meaning ascribed to it in NRS 449.017.

      Sec. 12. NRS 427A.310 is hereby amended to read as follows:

      427A.310  1.  The Community Advocate for Elder Rights shall provide assistance to persons who are 60 years of age or older and do not reside in facilities for long-term care. The assistance must include at least the:

      [1.] (a) Coordination of resources and services available to aging persons within their respective communities, including the services provided through a program established pursuant to NRS 427A.250 or 427A.255;

      [2.] (b) Dissemination of information to aging persons on issues of national and local interest, including information regarding the services of the Community Advocate for Elder Rights and the existence of groups of aging persons with similar interests and concerns; and

      [3.] (c) Advocation of issues relating to aging persons.

      2.  The Administrator may direct the Community Advocate for Elder Rights to provide assistance to a person who:

      (a) Is less than 60 years of age; and

      (b) Does not reside in a facility for long-term care.

      Sec. 13. NRS 449.065 is hereby amended to read as follows:

      449.065  1.  Except as otherwise provided in subsections 6 and 7 and NRS 449.067, each facility for intermediate care, facility for skilled nursing, peer support recovery organization, residential facility for groups, home for individual residential care, agency to provide personal care services in the home and agency to provide nursing in the home shall, when applying for a license or renewing a license, file with the Administrator of the Division of Public and Behavioral Health a surety bond:

      (a) If the facility, agency, organization or home employs less than 7 employees, in the amount of $5,000;

      (b) If the facility, agency, organization or home employs at least 7 but not more than 25 employees, in the amount of $25,000; or

      (c) If the facility, agency, organization or home employs more than 25 employees, in the amount of $50,000.

      2.  A bond filed pursuant to this section must be executed by the facility, agency, organization or home as principal and by a surety company as surety. The bond must be payable to the Aging and Disability Services Division of the Department of Health and Human Services and must be conditioned to provide indemnification to an older patient who the [Specialist] Attorney for the Rights of [Elderly] Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition determines has suffered property damage as a result of any act or failure to act by the facility, agency, organization or home to protect the property of the older patient.

 


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      3.  Except when a surety is released, the surety bond must cover the period of the initial license to operate or the period of the renewal, as appropriate.

      4.  A surety on any bond filed pursuant to this section may be released after the surety gives 30 days’ written notice to the Administrator of the Division of Public and Behavioral Health, but the release does not discharge or otherwise affect any claim filed by an older patient for property damaged as a result of any act or failure to act by the facility, agency, organization or home to protect the property of the older patient alleged to have occurred while the bond was in effect.

      5.  A license is suspended by operation of law when the facility, agency, organization or home is no longer covered by a surety bond as required by this section or by a substitute for the surety bond pursuant to NRS 449.067. The Administrator of the Division of Public and Behavioral Health shall give the facility, agency, organization or home at least 20 days’ written notice before the release of the surety or the substitute for the surety, to the effect that the license will be suspended by operation of law until another surety bond or substitute for the surety bond is filed in the same manner and amount as the bond or substitute being terminated.

      6.  The Administrator of the Division of Public and Behavioral Health may exempt a peer support recovery organization, residential facility for groups or a home for individual residential care from the requirement of filing a surety bond pursuant to this section if the Administrator determines that the requirement would result in undue hardship to the peer support recovery organization, residential facility for groups or home for individual residential care.

      7.  The requirement of filing a surety bond set forth in this section does not apply to a facility for intermediate care, facility for skilled nursing, peer support recovery organization, residential facility for groups, home for individual residential care, agency to provide personal care services in the home or agency to provide nursing in the home that is operated and maintained by the State of Nevada or an agency thereof.

      8.  As used in this section, “older patient” means a patient who is 60 years of age or older.

      Sec. 14.  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 the 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. 15.  This act becomes effective upon passage and approval.

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ê2017 Statutes of Nevada, Page 182ê

 

CHAPTER 42, AB 79

Assembly Bill No. 79–Committee on Government Affairs

 

CHAPTER 42

 

[Approved: May 19, 2017]

 

AN ACT relating to economic development; amending the Las Vegas Valley Water District Act to remove the designation of the District and the Southern Nevada Water Authority as the exclusive providers of water service for the Garnet Valley Ground Water Basin in Clark County, Nevada; revising a provision requiring the Legislature to review the implementation of certain economic development financing proposals; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      During the 29th Special Session of the Legislature, the Las Vegas Valley Water District Act was amended to designate the District and the Southern Nevada Water Authority as the exclusive providers of water service for the Garnet Valley Ground Water Basin in Clark County, Nevada. (Section 1 of chapter 4, Statutes of Nevada 2015, 29th Special Session, p. 57) Section 1 of this bill removes the designation of the District and the Southern Nevada Water Authority as the exclusive providers of water service for the Garnet Valley Ground Water Basin in Clark County, Nevada.

      Another provision of existing law, also enacted during the 29th Special Session of the Legislature, requires the Legislature, on or before July 1, 2021, to review: (1) the designation of the District and the Southern Nevada Water Authority as the exclusive providers of water service for the Garnet Valley Ground Water Basin; and (2) the implementation and administration of certain economic development financing proposals authorized during that special session. (Section 2 of chapter 4, Statutes of Nevada 2015, 29th Special Session, p. 58) Section 1.5 of this bill removes as moot the provision for legislative review of the designation of the District and the Southern Nevada Water Authority described above.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Section 23 of the Las Vegas Valley Water District Act, being chapter 167, Statutes of Nevada 1947, as added by section 6 of chapter 130, Statutes of Nevada 1949, at page 216, and last amended by chapter 4, Statutes of Nevada 2015, 29th Special Session, at page 57, is hereby amended to read as follows:

       Sec. 23.  [1.]  The Las Vegas Valley Water District is hereby declared to be a validly created and legally existing district under the provisions of chapter 167, Statutes of Nevada 1947, as amended, a governmental subdivision of the State of Nevada, a body corporate and politic, and a quasi-municipal corporation. The District is hereby authorized to carry out all of the powers imposed on it by the provisions of chapter 167, Statutes of Nevada 1947, as it now exists or as it may hereafter be amended. The District is comprised of the area of the County of Clark as set forth in NRS 243.035, except for all that real property described in section 1 of chapter 100, Statutes of Nevada 1993.

 


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ê2017 Statutes of Nevada, Page 183 (Chapter 42, AB 79)ê

 

       [2.  The District and the Southern Nevada Water Authority are the exclusive service providers of water for the Garnet Valley Ground Water Basin in Clark County, Nevada. Any contract or agreement for the provision of such service in the Garnet Valley Ground Water Basin that is entered into before December 19, 2015, is void.

       3.  For the purposes of this section, the geographic boundaries of the Garnet Valley Ground Water Basin are those set forth in Designation Order No. 1025 of the State Engineer, dated April 24, 1990, which is hereby incorporated by reference.]

      Sec. 1.5. Section 2 of chapter 4, Statutes of Nevada 2015, 29th Special Session, at page 58, is hereby amended to read as follows:

      Sec. 2.  On or before July 1, 2021, the Legislature shall review the [effects of this act and the] manner in which any economic development financing proposal, as approved by the Office of Economic Development, has been implemented pursuant to Senate Bill No. 1 of this session. To determine whether any changes in administration are appropriate, the Legislature shall review:

       1.  The administration of any infrastructure project constructed pursuant to such a proposal; and

       2.  The manner in which the proceeds of any bonds issued pursuant to Senate Bill No. 1 of this session have been allocated.

      Sec. 2. Section 3 of chapter 4, Statutes of Nevada 2015, 29th Special Session, at page 58, is hereby amended to read as follows:

       Sec. 3.  Nothing [in this act or] in Senate Bill No. 1 of this session shall be deemed to change the geographic boundaries or jurisdiction of an existing local government or to authorize such a change.

      Sec. 3. (Deleted by amendment.)

      Sec. 4.  This act becomes effective upon passage and approval.

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CHAPTER 43, AB 98

Assembly Bill No. 98–Assemblymen Bustamante Adams and Paul Anderson

 

CHAPTER 43

 

[Approved: May 19, 2017]

 

AN ACT relating to financial administration; revising provisions governing the employees of the Office of Grant Procurement, Coordination and Management of the Department of Administration; eliminating the requirement that priority be given by the Office to certain grants; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the Office of Grant Procurement, Coordination and Management of the Department of Administration is required to provide assistance to state agencies with respect to grants, including, without limitation, researching, identifying and writing grants for state agencies and making state agencies aware of grant opportunities. (NRS 232.222-232.227) Existing law requires the Administrator of the Office of Grant Procurement, Coordination and Management to employ two persons to serve in the unclassified service of the State. (NRS 232.223) Section 1 of this bill removes the limit on the number of employees that the Administrator is required to employ and instead requires that the Administrator, within the limits of money appropriated or authorized to be expended for the purpose, employ such persons in the classified or unclassified service as he or she deems necessary.

 


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ê2017 Statutes of Nevada, Page 184 (Chapter 43, AB 98)ê

 

required to employ and instead requires that the Administrator, within the limits of money appropriated or authorized to be expended for the purpose, employ such persons in the classified or unclassified service as he or she deems necessary.

      Existing law requires the Administrator, when researching the availability of grants and writing grant proposals and applications for a state agency, to give priority to grants: (1) for the Department of Health and Human Services; (2) for the Office of Energy; and (3) which may facilitate economic development in this State. Section 2 of this bill eliminates this prioritization requirement.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 232.223 is hereby amended to read as follows:

      232.223  1.  The Administrator of the Office of Grant Procurement, Coordination and Management shall , within the limits of money appropriated or authorized to be expended for this purpose, employ [two] such persons as he or she deems necessary to serve in the classified or unclassified service of the State for the purposes set forth in this section.

      2.  A person employed pursuant to this section shall, under the direction of the Administrator of the Office of Grant Procurement, Coordination and Management, assist the Administrator in carrying out the provisions of NRS 232.222 to 232.227, inclusive.

      Sec. 2. NRS 232.224 is hereby amended to read as follows:

      232.224  1.  The Administrator of the Office of Grant Procurement, Coordination and Management shall:

      (a) Research and identify federal grants which may be available to state agencies.

      (b) Write grants for federal funds for state agencies.

      (c) Coordinate with the members of Congress representing this State to combine efforts relating to identifying and managing available federal grants and related programs.

      (d) If requested by a state agency, research the availability of grants and write grant proposals and applications for the state agency . [, giving priority to grants:

             (1) For the Department of Health and Human Services;

             (2) For the Office of Energy; and

             (3) Which may facilitate economic development in this State.]

      (e) To the greatest extent practicable, ensure that state agencies are aware of any grant opportunities for which they are or may be eligible.

      (f) If requested by the director of a state agency, advise the director and the state agency concerning the requirements for receiving and managing grants.

      (g) To the greatest extent practicable, coordinate with state and local agencies that have received grants for similar projects to ensure that the efforts and services of those state and local agencies are not duplicated.

      (h) Serve as a clearinghouse for disseminating information relating to unexpended grant money of state agencies by compiling and updating periodically a list of the grants and unexpended amounts thereof for which the Office received notification from state agencies pursuant to subsection 3 of NRS 232.225 and making the list available on the Internet website maintained by the Department.

 


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ê2017 Statutes of Nevada, Page 185 (Chapter 43, AB 98)ê

 

the Office received notification from state agencies pursuant to subsection 3 of NRS 232.225 and making the list available on the Internet website maintained by the Department.

      (i) On or before January 1 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report regarding all activity relating to the application for, receipt of and use of grants in this State.

      2.  The Administrator may adopt regulations to carry out the provisions of this section and NRS 232.225 and 232.226.

      Sec. 3.  This act becomes effective on July 1, 2017.

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CHAPTER 44, AB 108

Assembly Bill No. 108–Assemblyman Oscarson

 

CHAPTER 44

 

[Approved: May 19, 2017]

 

AN ACT relating to Medicaid; requiring the Division of Health Care Financing and Policy of the Department of Health and Human Services periodically to review Medicaid reimbursement rates; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires: (1) the Department of Health and Human Services to administer Medicaid; and (2) the Director of the Department to adopt the State Plan for Medicaid. (NRS 422.063, 422.270) This bill requires the Division of Health Care Financing and Policy of the Department to review the adequacy of Medicaid reimbursement rates every 4 years. If the Division finds that the rate of reimbursement for a service or item does not accurately reflect the actual cost of providing the service or item, this bill requires the Division to calculate the rate of reimbursement that accurately reflects the actual cost of providing the service or item and recommend that rate to the Director for possible inclusion in the State Plan for Medicaid.

 

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

      On or before January 1, 2018, and every 4 years thereafter, the Division shall:

      1.  Review the rate of reimbursement for each service or item provided under the State Plan for Medicaid to determine whether the rate of reimbursement accurately reflects the actual cost of providing the service or item; and

      2.  If the Division determines that the rate of reimbursement for a service or item does not accurately reflect the actual cost of providing the service or item, calculate the rate of reimbursement that accurately reflects the actual cost of providing the service or item and recommend that rate to the Director for possible inclusion in the State Plan for Medicaid.

 


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ê2017 Statutes of Nevada, Page 186 (Chapter 44, AB 108)ê

 

      Sec. 2. NRS 232.320 is hereby amended to read as follows:

      232.320  1.  The Director:

      (a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:

             (1) The Administrator of the Aging and Disability Services Division;

             (2) The Administrator of the Division of Welfare and Supportive Services;

             (3) The Administrator of the Division of Child and Family Services;

             (4) The Administrator of the Division of Health Care Financing and Policy; and

             (5) The Administrator of the Division of Public and Behavioral Health.

      (b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 1 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.621 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.

      (c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.

      (d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:

             (1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;

             (2) Set forth priorities for the provision of those services;

             (3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;

             (4) Identify the sources of funding for services provided by the Department and the allocation of that funding;

             (5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and

             (6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.

      (e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.

      (f) Has such other powers and duties as are provided by law.

 


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ê2017 Statutes of Nevada, Page 187 (Chapter 44, AB 108)ê

 

      2.  Notwithstanding any other provision of law, the Director, or the Director’s designee, is responsible for appointing and removing subordinate officers and employees of the Department, other than the State Public Defender of the Office of State Public Defender who is appointed pursuant to NRS 180.010.

      Sec. 3.  This act becomes effective on July 1, 2017.

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CHAPTER 45, AB 134

Assembly Bill No. 134–Assemblyman Hansen

 

CHAPTER 45

 

[Approved: May 19, 2017]

 

AN ACT relating to local government finance; increasing the limit on the amount of annual total expenditures for a special district to be eligible to petition for an exemption from certain requirements of the Local Government Budget and Finance Act; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      With certain exceptions, the Local Government Budget and Finance Act prescribes requirements for local governments with respect to: (1) the standard methods and procedures for the preparation, presentation, adoption and administration of budgets; (2) financial plans and fiscal policies for programs of capital expenditures; (3) estimation and determination of revenues, expenditures and tax levies; (4) control of revenues, expenditures and expenses; and (5) methods for informing the public, taxpayers and investors of the financial preparations, plans, policies and administration of the local government. (NRS 354.472) Local governments subject to the Act are required under existing law to file certain budget documents and audit reports with the Department of Taxation. (NRS 354.470-354.626) A special district subject to the Act with annual total expenditures of less than $200,000 during the current fiscal year and budgeted for the succeeding fiscal year is authorized to petition the Department of Taxation for an exemption for 1 fiscal year from one or more of the following requirements: (1) filing a tentative budget; (2) filing independent audit reports; (3) certain publishing requirements of the Act; and (4) maintenance of its accounting records on an accrual or modified accrual basis. If granted an exemption, the special district is required at a minimum to file an annual budget, fiscal reports and any other documents prescribed by regulation by the Committee on Local Government Finance. (NRS 354.475; NAC 354.010-354.050) In addition, a special district subject to the Act with budgeted annual total expenditures of $200,000 or more in a fiscal year that reasonably anticipates that its actual annual total expenditures for that fiscal year will be less than $200,000 is authorized to petition the Department of Taxation for a conditional exemption from the requirement of providing for an annual audit for that fiscal year. Under existing law, a board of county commissioners is authorized to request the Department of Taxation to audit the financial records of a special district that is granted a conditional or other exemption from the requirement of providing for an annual audit. (NRS 354.475) This bill increases from $200,000 to $300,000 the limit on the amount of annual total expenditures for a special district to be eligible to file a petition for such a conditional or other exemption from the requirements of the Act.

 


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ê2017 Statutes of Nevada, Page 188 (Chapter 45, AB 134)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 354.475 is hereby amended to read as follows:

      354.475  1.  All special districts subject to the provisions of the Local Government Budget and Finance Act with annual total expenditures of less than [$200,000] $300,000 may petition the Department of Taxation for exemption from the requirements of the Local Government Budget and Finance Act for the filing of certain budget documents and audit reports. Such districts may further petition to use a cash basis of accounting.

      2.  A special district subject to the provisions of the Local Government Budget and Finance Act with budgeted annual total expenditures of [$200,000] $300,000 or more in a fiscal year that reasonably anticipates its actual annual total expenditures for that fiscal year will be less than [$200,000] $300,000 may petition the Department of Taxation for a conditional exemption from the requirement of providing for an annual audit pursuant to NRS 354.624 for that fiscal year. If the actual annual total expenditures of the special district are [$200,000] $300,000 or more, the special district shall provide for an annual audit for that fiscal year.

      3.  A petition filed with the Department of Taxation:

      (a) Pursuant to subsection 1 must be received by the Department of Taxation on or before March 1 to be effective for the succeeding fiscal year; or

      (b) Pursuant to subsection 2 must be received by the Department of Taxation on or before March 1 to be effective for the current fiscal year.

      4.  A board of county commissioners may request the Department of Taxation to audit the financial records of a special district that is exempt from the requirement of providing for an annual audit pursuant to this section.

      5.  If a petition filed by a special district pursuant to subsection 1 is granted by the Department of Taxation:

      (a) The minimum required of the special district is the filing with the Department of Taxation of an annual budget on or before April 15 of each year and the filing of fiscal reports in accordance with NRS 354.6015; and

      (b) The special district is exempt from all publication requirements of the Local Government Budget and Finance Act, except that the Department of Taxation by regulation shall require an annual publication of a notice of budget adoption and filing.

      6.  The Committee on Local Government Finance shall adopt regulations pursuant to NRS 354.594 which are necessary to carry out the purposes of this section.

      7.  The revenue recorded in accounts that are kept on a cash basis must consist of cash items.

      8.  As used in this section, “cash basis” means the system of accounting under which revenues are recorded only when received and expenditures or expenses are recorded only when paid.

      Sec. 2.  This act becomes effective on July 1, 2017.

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