[Rev. 11/14/2017 11:49:24 AM]

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CHAPTER 46, AB 170

Assembly Bill No. 170–Assemblymen Hansen and Benitez-Thompson

 

CHAPTER 46

 

[Approved: May 19, 2017]

 

AN ACT relating to economic development; revising the requirement for the Office of Economic Development to submit quarterly reports relating to certain economic development incentives; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the Office of Economic Development to approve applications for partial abatements of certain taxes and the issuance of transferable tax credits submitted by the lead participant engaged in a qualified project with other participants for a common purpose or business endeavor and which is located within the geographic boundaries of a single project site in this State. (NRS 360.880-360.980) The authorization to approve such applications will expire on June 30, 2032, for projects with a capital investment of at least $1 billion in this State and on June 30, 2036, for projects with a capital investment of at least $3.5 billion in this State. (Section 41 of chapter 4, Statutes of Nevada 2014, 28th Special Session, p. 28; section 69 of chapter 2, Statutes of Nevada 2015, 29th Special Session, p. 54)

      Under existing law, the Office must make and submit to the Governor and the Legislature certain quarterly reports concerning the qualified projects for which the Office has approved partial abatements of taxes and the issuance of transferable tax credits. (NRS 360.895, 360.975) The requirement for submitting such reports will expire on July 1, 2017, for projects with a capital investment of at least $1 billion in this State and expired on July 1, 2016, for projects with a capital investment of at least $3.5 billion in this State. (NRS 360.895, 360.975) Section 1 of this bill revises the requirement for submitting such reports concerning projects with a capital investment of at least $1 billion in this State by: (1) extending the requirement to submit quarterly reports until June 30, 2020; and (2) requiring the submission of semiannual reports for the period beginning on July 1, 2020, and ending on June 30, 2025. Section 2 of this bill revises the requirement for submitting reports concerning projects with a capital investment of at least $3.5 billion by requiring the submission of semiannual reports for the period beginning on July 1, 2017, and ending on June 30, 2024. Under sections 1 and 2, the Office is not required to submit a quarterly or semiannual report, as applicable, if, within 75 days after the end of the period covered by a report, the Office has received an audit of the participants in the project for the period that would have been covered by the report.

 

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 360.895 is hereby amended to read as follows:

      360.895  1.  The Office of Economic Development shall, on or before October 1 of each year, prepare and submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature an annual report which includes:

      (a) For the immediately preceding fiscal year:

             (1) The number of applications submitted pursuant to NRS 360.889;

             (2) The number of qualified projects for which an application was approved;

 


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             (3) The amount of transferable tax credits approved;

             (4) The amount of transferable tax credits used;

             (5) The amount of transferable tax credits transferred;

             (6) The amount of transferable tax credits taken against each allowable fee or tax, including the actual amount used and outstanding, in total and for each qualified project;

             (7) The number of partial abatements approved;

             (8) The dollar amount of the partial abatements;

             (9) The number of employees engaged in construction of each qualified project who are residents of Nevada and the number of employees employed by each participant in a qualified project who are residents of Nevada;

             (10) The number of qualified employees employed by each participant in a qualified project and the total amount of wages paid to those persons; and

             (11) For each qualified project, an assessment of whether the participants in the qualified project are making satisfactory progress towards meeting the investment requirements necessary to support the determination by the Office that the project is a qualified project.

      (b) For each partial abatement from taxation that the Office approved during the fiscal years which are 3 fiscal years, 6 fiscal years, 10 fiscal years and 15 fiscal years immediately preceding the submission of the report:

             (1) The dollar amount of the partial abatement;

             (2) The value of infrastructure included as an incentive for the qualified project;

             (3) The economic sector in which each participant in the qualified project operates, the number of primary jobs related to the qualified project, the average wage paid to employees employed by the participants in the qualified project and the assessed values of personal property and real property of the qualified project; and

             (4) Any other information that the Office determines to be useful.

      2.  [In] Except as otherwise provided in subsection 4, in addition to the annual reports required to be prepared and submitted pursuant to subsection 1, for the period beginning on December 19, 2015, and ending on [July 1, 2017,] June 30, 2020, the Office shall, not less frequently than every calendar quarter, prepare and submit to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report which includes, for the immediately preceding calendar quarter:

      (a) The dollar amount of the partial abatements approved for the lead participant in each qualified project;

      (b) The number of employees engaged in construction of each qualified project who are residents of Nevada and the number of employees employed by each participant in each qualified project who are residents of Nevada;

      (c) The number of qualified employees employed by each participant in each qualified project and the total amount of wages paid to those persons;

      (d) For each qualified project an assessment of whether the participants in the qualified project are making satisfactory progress towards meeting the investment requirements necessary to support the determination by the Office that the project is a qualified project; and

      (e) Any other information requested by the Legislature.

      3.  Except as otherwise provided in subsection 4, in addition to the annual reports required to be prepared and submitted pursuant to subsection 1, for the period beginning on July 1, 2020, and ending on June 30, 2025, the Office shall, not less frequently than every 6 months, prepare and submit to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report which includes, for the immediately preceding 6 months, the information required to be included in a report prepared and submitted pursuant to subsection 2.

 


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subsection 1, for the period beginning on July 1, 2020, and ending on June 30, 2025, the Office shall, not less frequently than every 6 months, prepare and submit to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report which includes, for the immediately preceding 6 months, the information required to be included in a report prepared and submitted pursuant to subsection 2.

      4.  The Office is not required to prepare and submit the report required by subsection 2 or 3 if, within 75 days after the end of the period covered by the report:

      (a) The Office receives an audit of the participants in the project for the period that would have been covered by the report; and

      (b) That audit contains the information required to be included in the report pursuant to paragraphs (a) to (d), inclusive, of subsection 2.

      5.  In addition to the reports required to be prepared and submitted pursuant to subsections 1 and 2, the Office shall, upon request, make available to the Legislature any information concerning a qualified project or any participant in a qualified project. The Office shall make available any information requested pursuant to this subsection within the period specified in the request.

      [4.]6.  The Office shall provide to the Fiscal Analysis Division of the Legislative Counsel Bureau a copy of any agreement entered into by the Office and the lead participant not later than 30 days after the agreement is executed.

      [5.]7.  Notwithstanding the provisions of any other specific statute, the information requested by the Legislature pursuant to this section may include information considered confidential for other purposes. If such confidential information is requested, the Office shall make the information available to the Fiscal Analysis Division of the Legislative Counsel Bureau for confidential examination.

      Sec. 2. NRS 360.975 is hereby amended to read as follows:

      360.975  1.  The Office of Economic Development shall, on or before October 1 of each year, prepare and submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature an annual report which includes:

      (a) For the immediately preceding fiscal year:

             (1) The number of applications submitted pursuant to NRS 360.945;

             (2) The number of qualified projects for which an application was approved;

             (3) The amount of transferable tax credits approved;

             (4) The amount of transferable tax credits used;

             (5) The amount of transferable tax credits transferred;

             (6) The amount of transferable tax credits taken against each allowable fee or tax, including the actual amount used and outstanding, in total and for each qualified project;

             (7) The number of abatements approved;

             (8) The dollar amount of the abatements;

             (9) The number of employees engaged in construction of each qualified project who are residents of Nevada and the number of employees employed by each participant in a qualified project who are residents of Nevada;

 


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             (10) The number of qualified employees employed by each participant in a qualified project and the total amount of wages paid to those persons; and

             (11) For each qualified project, an assessment of whether the participants in the qualified project are making satisfactory progress towards meeting the investment requirements necessary to support the determination by the Office that the project is a qualified project.

      (b) For each abatement from taxation that the Office approved during the fiscal years which are 3 fiscal years, 6 fiscal years, 10 fiscal years and 20 fiscal years immediately preceding the submission of the report:

             (1) The dollar amount of the abatement;

             (2) The value of infrastructure included as an incentive for the qualified project;

             (3) The economic sector in which each participant in the qualified project operates, the number of primary jobs related to the qualified project, the average wage paid to employees employed by the participants in the qualified project and the assessed values of personal property and real property of the qualified project; and

             (4) Any other information that the Office determines to be useful.

      2.  [In] Except as otherwise provided in subsection 3, in addition to the annual reports required to be prepared and submitted pursuant to subsection 1, for the period beginning on [September 11, 2014,] July 1, 2017, and ending on [July 1, 2016,] June 30, 2024, the Office shall, not less frequently than every [calendar quarter,] 6 months, prepare and submit to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report which includes, for the immediately preceding [calendar quarter:] 6 months:

      (a) The dollar amount of the abatements approved for the lead participant in each qualified project;

      (b) The number of employees engaged in construction of each qualified project who are residents of Nevada and the number of employees employed by each participant in each qualified project who are residents of Nevada;

      (c) The number of qualified employees employed by each participant in each qualified project and the total amount of wages paid to those persons;

      (d) For each qualified project an assessment of whether the participants in the qualified project are making satisfactory progress towards meeting the investment requirements necessary to support the determination by the Office that the project is a qualified project; and

      (e) Any other information requested by the Legislature.

      3.  The Office is not required to prepare and submit the report required by subsection 2 if, within 75 days after the end of the period covered by the report:

      (a) The Office receives an audit of the participants in the project for the period that would have been covered by the report; and

      (b) That audit contains the information required to be included in the report pursuant to paragraphs (a) to (d), inclusive, of subsection 2.

      4.  In addition to the reports required to be prepared and submitted pursuant to subsections 1 and 2, the Office shall, upon request, make available to the Legislature any information concerning a qualified project or any participant in a qualified project. The Office shall make available any information requested pursuant to this subsection within the period specified in the request.

 


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      [4.]5.  The Office shall provide to the Fiscal Analysis Division of the Legislative Counsel Bureau a copy of any agreement entered into by the Office and the lead participant not later than 30 days after the agreement is executed.

      [5.]6.  Notwithstanding the provisions of any other specific statute, the information requested by the Legislature pursuant to this section may include information considered confidential for other purposes. If such confidential information is requested, the Office shall make the information available to the Fiscal Analysis Division of the Legislative Counsel Bureau for confidential examination.

      Sec. 3.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 4.  1.  This act becomes effective upon passage and approval.

      2.  Section 1 of this act expires by limitation on June 30, 2032.

      3.  Section 2 of this act expires by limitation on June 30, 2036.

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CHAPTER 47, AB 324

Assembly Bill No. 324–Assemblyman Flores

 

CHAPTER 47

 

[Approved: May 19, 2017]

 

AN ACT relating to document preparation services; revising the definition of a “document preparation service”; prohibiting a person providing a document preparation service from advertising or representing himself or herself as a paralegal or legal assistant; requiring certain fees to register or renew registration as a document preparation service; revising the period of time in which an application for registration as a document preparation service must be completed; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes requirements for the registration and practice of a person who provides a document preparation service, which includes: (1) defining a “document preparation service”; (2) requiring persons who provide a document preparation service to register with the Secretary of State; (3) exempting certain persons from registering as a document preparation service; and (4) prohibiting a person who provides a document preparation service from committing certain acts. (Chapter 240A of NRS) Section 1.5 of this bill expands the definition of “document preparation service” to include: (1) a person who, for compensation, assists a client in preparing all or substantially all of a federal or state tax return or a claim for a tax refund; (2) certain paralegals; and (3) an enrolled agent who is authorized to practice before the Internal Revenue Service. Section 1.5 further clarifies that a bankruptcy petition preparer is included in the definition of “document preparation service.” Section 1.5 also excludes from the definition of “document preparation service”: (1) certain attorneys who are licensed to practice in other states and the District of Columbia; and (2) a certified public accountant who is licensed in this State or a financial planner who is subject to certain state requirements.

 

 


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      Section 2 of this bill requires a person who registers as a document preparation service to pay a nonrefundable application fee of $50. Section 3 of this bill requires a person who wishes to renew his or her registration as a document preparation service to pay a renewal fee of $25 every year upon the expiration of the registration. Section 1 of this bill requires these fees to be accounted for separately and used to pay for expenses relating to administering the document preparation services program.

      Section 2 provides that an application to register as a document preparation service must be completed within 120 days or the application must be denied.

      Section 4 of this bill prohibits a person who provides document preparation services from advertising or representing himself or herself as a paralegal or legal assistant, which implies that the person is operating under the direction and supervision of an attorney.

 

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 240A of NRS is hereby amended by adding thereto a new section to read as follows:

      The Secretary of State shall account for the fees received pursuant to NRS 240A.100 and 240A.110 separately, and use those fees, and any interest and income earned on those fees, solely to pay for expenses related to administering the document preparation services program pursuant to this chapter, including, without limitation, the cost of:

      1.  Materials and advertising to provide education and information about the program; and

      2.  Any technology necessary to process and maintain registration as a document preparation service.

      Sec. 1.5. NRS 240A.030 is hereby amended to read as follows:

      240A.030  1.  “Document preparation service” means a person who:

      (a) For compensation and at the direction of a client, provides assistance to the client in a legal matter, including, without limitation:

             (1) Preparing or completing any pleading, application or other document for the client;

             (2) Translating an answer to a question posed in such a document;

             (3) Securing any supporting document, such as a birth certificate, required in connection with the legal matter; [or]

             (4) Submitting a completed document on behalf of the client to a court or administrative agency; or

             (5) Preparing or assisting in the preparation of all or substantially all of a federal or state tax return or claim for a tax refund; or

      (b) Holds himself or herself out as a person who provides such services.

      2.  The term includes, without limitation:

      (a) A paralegal who performs one or more of the actions described in subsection 1 unless the paralegal works under the direction and supervision of an attorney authorized to practice law in this State;

      (b) A bankruptcy petition preparer as defined by section 110 of the United States Bankruptcy Code, 11 U.S.C. § 110; and

      (c) An enrolled agent authorized to practice before the Internal Revenue Service.

      3.  The term does not include:

 


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      (a) A person who provides only secretarial or receptionist services.

      (b) An attorney [authorized] :

             (1) Authorized to practice law in this State, or an employee of such an attorney who is paid directly by the attorney or law firm with whom the attorney is associated and who is acting in the course and scope of that employment.

             (2) Authorized to practice law in any other state or the District of Columbia who provides services related to the legal matters described in subsection 2 of NRS 240A.040.

      (c) A law student certified by the State Bar of Nevada for training in the practice of law.

      (d) A governmental entity or an employee of such an entity who is acting in the course and scope of that employment.

      (e) A nonprofit organization formed pursuant to title 7 of NRS which the Secretary of the Treasury has determined is a tax-exempt organization pursuant to 26 U.S.C. § 501(c) and which provides legal services to persons free of charge, or an employee of such an organization who is acting in the course and scope of that employment.

      (f) A legal aid office or lawyer referral service operated, sponsored or approved by a duly accredited law school, a governmental entity, the State Bar of Nevada or any other bar association which is representative of the general bar of the geographical area in which the bar association exists, or an employee of such an office or service who is acting in the course and scope of that employment.

      (g) A military legal assistance office or a person assigned to such an office who is acting in the course and scope of that assignment.

      (h) [A] Except as otherwise provided in paragraphs (b) and (c) of subsection 2, a person licensed by or registered with an agency or entity of the United States Government acting within the scope of his or her license or registration, including, without limitation, an accredited immigration representative . [and an enrolled agent authorized to practice before the Internal Revenue Service, but not including a bankruptcy petition preparer as defined by section 110 of the United States Bankruptcy Code, 11 U.S.C. § 110.]

      (i) A corporation, limited-liability company or other entity representing or acting for itself through an officer, manager, member or employee of the entity, or any such officer, manager, member or employee who is acting in the course and scope of that employment.

      (j) A commercial wedding chapel.

      (k) A person who provides legal forms or computer programs that enable another person to create legal documents.

      (l) A commercial registered agent.

      (m) A person who holds a license, permit, certificate, registration or any other type of authorization required by chapter 645 or 692A of NRS, or any regulation adopted pursuant thereto, and is acting within the scope of that authorization.

      (n) A collection agency that is licensed pursuant to chapter 649 of NRS.

      (o) A certified public accountant that is licensed to practice in this State pursuant to the provisions of chapter 628 of NRS or a financial planner that is subject to the requirements of chapter 628A of NRS who is acting within the scope of the license or requirements, as applicable, to prepare or assist in preparing a federal or state tax return or claim for a tax refund for another person.

 


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applicable, to prepare or assist in preparing a federal or state tax return or claim for a tax refund for another person.

      [3.]4.  As used in this section:

      (a) “Commercial registered agent” has the meaning ascribed to it in NRS 77.040.

      (b) “Commercial wedding chapel” means a permanently affixed structure which operates a business principally for the performance of weddings and which is licensed for that purpose.

      Sec. 2. NRS 240A.100 is hereby amended to read as follows:

      240A.100  1.  A person who wishes to engage in the business of a document preparation service must be registered by the Secretary of State pursuant to this chapter. An applicant for registration must be a citizen or legal resident of the United States or hold a valid Employment Authorization Document issued by the United States Citizenship and Immigration Services of the Department of Homeland Security, and be at least 18 years of age.

      2.  The Secretary of State shall not register as a document preparation service any person:

      (a) Who is suspended or has previously been disbarred from the practice of law in any jurisdiction;

      (b) Whose registration as a document preparation service in this State or another state has previously been revoked for cause;

      (c) Who has previously been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a gross misdemeanor pursuant to paragraph (b) of subsection 1 of NRS 240A.290; or

      (d) Who has, within the 10 years immediately preceding the date of the application for registration as a document preparation service, been:

             (1) Convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a crime involving theft, fraud or dishonesty;

             (2) Convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, the unauthorized practice of law pursuant to NRS 7.285 or the corresponding statute of any other jurisdiction; or

             (3) Adjudged by the final judgment of any court to have committed an act involving theft, fraud or dishonesty.

      3.  An application for registration as a document preparation service must be made under penalty of perjury on a form prescribed by regulation of the Secretary of State and must be accompanied by [a] :

      (a) A nonrefundable application fee of $50; and

      (b) A cash bond or surety bond meeting the requirements of NRS 240A.120.

      4.  An applicant for registration must submit to the Secretary of State a declaration under penalty of perjury stating that the applicant has not had a certificate or license as a document preparation service revoked or suspended in this State or any other state or territory of the United States.

      5.  After the investigation of the history of the applicant is completed, the Secretary of State shall issue a certificate of registration if the applicant is qualified for registration and has complied with the requirements of this section. Each certificate of registration must bear the name of the registrant and a registration number unique to that registrant. The Secretary of State shall maintain a record of the name and registration number of each registrant.

      6.  An application for registration as a document preparation service that is not completed within [6 months] 120 days after the date on which the application was submitted must be denied.

 


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application was submitted must be denied. If an application is denied pursuant to this subsection, the applicant may submit a new application.

      Sec. 3. NRS 240A.110 is hereby amended to read as follows:

      240A.110  1.  The registration of a document preparation service is valid for 1 year after the date of issuance of the certificate of registration, unless the registration is suspended or revoked. Except as otherwise provided in this section, the registration may be renewed subject to the same conditions as the initial registration. An application for renewal must be made under penalty of perjury on a form prescribed by regulation of the Secretary of State and must be accompanied by [a] :

      (a) A renewal fee of $25; and

      (b) A cash bond or surety bond meeting the requirements of NRS 240A.120, unless the bond previously filed by the registrant remains on file and in effect.

      2.  The registration of a registrant who holds a valid Employment Authorization Document issued by the United States Citizenship and Immigration Services of the Department of Homeland Security must expire on the date on which that person’s employment authorization expires.

      3.  The Secretary of State may:

      (a) Conduct any investigation of a registrant that the Secretary of State deems appropriate.

      (b) Require a registrant to submit a complete set of fingerprints and written permission authorizing the Secretary of State to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      4.  After any investigation of the history of a registrant is completed, unless the Secretary of State elects or is required to deny renewal pursuant to this section or NRS 240A.270, the Secretary of State shall renew the registration if the registrant is qualified for registration and has complied with the requirements of this section.

      Sec. 4. NRS 240A.240 is hereby amended to read as follows:

      240A.240  A registrant shall not:

      1.  After the date of the last service performed for a client, retain any fees or costs for services not performed or costs not incurred.

      2.  Make, orally or in writing:

      (a) A promise of the result to be obtained by the filing or submission of any document, unless the registrant has some basis in fact for making the promise;

      (b) A statement that the registrant has some special influence with or is able to obtain special treatment from the court or agency with which a document is to be filed or submitted; or

      (c) A false or misleading statement to a client if the registrant knows that the statement is false or misleading or knows that the registrant lacks a sufficient basis for making the statement.

      3.  In any advertisement or written description of the registrant or the services provided by the registrant, or on any letterhead or business card of the registrant, use the term “legal aid,” “legal services,” “law office,” “notario,” “notario publico,” “notary public,” “notary,” “paralegal,” “legal assistant,” “licensed,” “licenciado,” “attorney,” “lawyer” or any similar term, in English, Spanish or any other language, which implies that the registrant:

      (a) Offers services without charge if the registrant does not do so; [or]

      (b) Is an attorney authorized to practice law in this State [.] ; or

 


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      (c) Is acting under the direction and supervision of an attorney.

      4.  Represent himself or herself, orally or in writing, as a paralegal or legal assistant which implies that the registrant is acting under the direction and supervision of an attorney licensed to practice law in this State.

      5.  Negotiate with another person concerning the rights or responsibilities of a client, communicate the position of a client to another person or convey the position of another person to a client.

      [5.]6.  Appear on behalf of a client in a court proceeding or other formal adjudicative proceeding, unless the registrant is ordered to appear by the court or presiding officer.

      [6.]7.  Provide any advice, explanation, opinion or recommendation to a client about possible legal rights, remedies, defenses, options or the selection of documents or strategies, except that a registrant may provide to a client published factual information, written or approved by an attorney, relating to legal procedures, rights or obligations.

      [7.]8.  Seek or obtain from a client a waiver of any provision of this chapter. Any such waiver is contrary to public policy and void.

      Sec. 5.  This act becomes effective on July 1, 2017.

________

CHAPTER 48, AB 340

Assembly Bill No. 340–Assemblywoman Diaz

 

CHAPTER 48

 

[Approved: May 19, 2017]

 

AN ACT relating to public welfare; requiring the Director of the Department of Health and Human Services to appoint a committee to research opportunities to improve access to diapers and diapering supplies for recipients of public assistance and other low-income families; authorizing the Director to take any necessary action to take advantage of opportunities to increase the availability of diapers and diapering supplies to such persons; requiring the Director to work with diaper banks and similar organizations for certain related purposes; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 2 of this bill requires the Director of the Department of Health and Human Services to appoint a committee to research opportunities to increase the availability of diapers and diapering supplies to certain recipients of public assistance and low-income families. Section 2 requires the committee to consist of representatives from the Department of Health and Human Services who have knowledge of certain programs offered by the Department, as well as representatives of organizations located in this State that provide services relating to diapers and diapering supplies to recipients of public assistance and other low-income families. Section 2 also requires the committee to report the results of its research to the Director of the Department on or before June 30 of each year and requires the Director, on or before September 30 of each even-numbered year, to submit a report of the results of such research and any recommendations for changes in state laws or regulations to the Legislature. Section 2 authorizes the Director to take any necessary action to increase the availability of diapers and diapering supplies to certain recipients of public assistance and other low-income families.

 


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      Section 3 of this bill requires the Director of the Department to work collaboratively with any diaper banks in this State and any similar nonprofit organizations which provide diapers and diapering supplies to low-income persons at no cost or a reduced cost to ensure recipients of public assistance and other low-income families are made aware of the existence, location and services provided by such organizations. Section 3 also requires the Director to make this information available on the Internet website of the Department and with any appropriate informational material which is made available to recipients of public assistance to the extent possible.

 

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 422A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. 1.  The Director shall appoint a committee to research opportunities to increase the availability of diapers and diapering supplies to recipients of public assistance and other low-income families in this State, including, without limitation, researching opportunities to:

      (a) Use money received from the Federal Government to carry out a program of public assistance or other program for which the Department is responsible; and

      (b) Obtain donations of money, diapers, diapering supplies or any combination thereof, including, without limitation, in-kind donations and donations from private foundations, manufacturers of diapers and diapering supplies and other sources.

      2.  The committee must consist of representatives of:

      (a) The Department who have knowledge of programs offered by the Department, including, without limitation, programs relating to smoking cessation, prenatal care visits and follow-up appointments for infants and children with providers of health care; and

      (b) Organizations located in this State which provide services relating to diapers and diapering supplies to recipients of public assistance and other low-income families, including, without limitation, organizations which advocate and provide referrals for such services.

      3.  The committee must report the results of its research to the Director on or before June 30 of each year. If the Director determines that any opportunities exist to increase the availability of diapers and diapering supplies to recipients of public assistance and other low-income families, the Director may take any necessary action to take advantage of such opportunities, including, without limitation, applying for any necessary waivers from the Federal Government relating to public assistance.

      4.  The Director shall submit a report of the results of the research, any action taken in response to the results and recommendations for legislation to the Legislature on or before September 30 of each even-numbered year.

      Sec. 3. 1.  The Director shall work collaboratively with any diaper banks in this State and any similar nonprofit organizations which provide diapers and diapering supplies to low-income persons at no cost or a reduced cost to ensure recipients of public assistance and other low-income families are made aware of the existence, location and services provided by such organizations.

 


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ê2017 Statutes of Nevada, Page 200 (Chapter 48, AB 340)ê

 

      2.  The Director shall post the information described in subsection 1 on the Internet website of the Department and shall include such information with materials provided by the Department to recipients of public assistance and other low-income families to the extent possible.

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

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

________

CHAPTER 49, SB 44

Senate Bill No. 44–Committee on Government Affairs

 

CHAPTER 49

 

[Approved: May 19, 2017]

 

AN ACT relating to state property; authorizing the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section of the State Public Works Division of the Department of Administration to issue to a person certain permits for the planning, maintenance or construction of buildings and structures on property of the State or held in trust for the State; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the State Public Works Board to adopt certain building codes. (NRS 341.070, 341.087, 341.091, 341.110) Existing law also provides that the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section of the State Public Works Division of the Department of Administration serves as the building official for all buildings and structures on property of the State or held in trust for any division of the State Government. (NRS 341.100) Section 1 of this bill authorizes the Deputy Administrator, acting in his or her capacity as building official, to issue to a person any permit required pursuant to a building code adopted by the Board for the planning, maintenance and construction on such property.

 

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

      The Deputy Administrator of the Public Works - Compliance and Code Enforcement Section, when acting as building official pursuant to subsection 9 of NRS 341.100, may issue to a person any permit required pursuant to a building code adopted by the Board for the planning, maintenance and construction of buildings and structures on property of the State or held in trust for any division of the State Government.

      Sec. 2. NRS 341.1407 is hereby amended to read as follows:

      341.1407  1.  Except as otherwise provided in subsection 2, the provisions of NRS 341.141 to 341.148, inclusive, and section 1 of this act apply to a contract for the construction of a building for the Nevada System of Higher Education only if 25 percent or more of the costs of the building as a whole are paid from money appropriated by this State or from federal money.

 


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ê2017 Statutes of Nevada, Page 201 (Chapter 49, SB 44)ê

 

of Higher Education only if 25 percent or more of the costs of the building as a whole are paid from money appropriated by this State or from federal money.

      2.  The provisions of subsection 2 of NRS 341.145 apply to the construction of any building for the Nevada System of Higher Education.

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

________

CHAPTER 50, SB 32

Senate Bill No. 32–Committee on Judiciary

 

CHAPTER 50

 

[Approved: May 19, 2017]

 

AN ACT relating to securities; revising the exemption from registration and filing requirements for certain transactions involving securities; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prohibits a person from selling or offering to sell a security in this State unless the security is registered or the security or transaction is exempt from registration under chapter 90 of NRS. (NRS 90.460) Existing law generally exempts a transaction pursuant to an offer to sell securities of an issuer if there are not more than 25 purchasers in this State during any 12 consecutive months and certain other conditions are satisfied. (NRS 90.530) Section 5 of this bill revises this exemption to apply to a sale or offer to sell such securities and increases the maximum number of purchasers in this State from 25 to 35 during any 12 consecutive months.

 

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 90.530 is hereby amended to read as follows:

      90.530  The following transactions are exempt from NRS 90.460 and 90.560:

      1.  An isolated nonissuer transaction, whether or not effected through a broker-dealer.

      2.  A nonissuer transaction in an outstanding security if the issuer of the security has a class of securities subject to registration under section 12 of the Securities Exchange Act of 1934, 15 U.S.C. § 78l, and has been subject to the reporting requirements of section 13 or 15(d) of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78m and 78o(d), for not less than 90 days next preceding the transaction, or has filed and maintained with the Administrator for not less than 90 days preceding the transaction information, in such form as the Administrator, by regulation, specifies, substantially comparable to the information the issuer would be required to file under section 12(b) or 12(g) of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78l(b) and 78l(g), were the issuer to have a class of its securities registered under section 12 of the Securities Exchange Act of 1934, 15 U.S.C. § 78l, and paid a fee of $300 with the filing.

 


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ê2017 Statutes of Nevada, Page 202 (Chapter 50, SB 32)ê

 

      3.  A nonissuer transaction by a sales representative licensed in this State, in an outstanding security if:

      (a) The security is sold at a price reasonably related to the current market price of the security at the time of the transaction;

      (b) The security does not constitute all or part of an unsold allotment to, or subscription or participation by, a broker-dealer as an underwriter of the security;

      (c) At the time of the transaction, a recognized securities manual designated by the Administrator by regulation or order contains the names of the issuer’s officers and directors, a statement of the financial condition of the issuer as of a date within the preceding 18 months, and a statement of income or operations for each of the last 2 years next preceding the date of the statement of financial condition, or for the period as of the date of the statement of financial condition if the period of existence is less than 2 years;

      (d) The issuer of the security has not undergone a major reorganization, merger or acquisition within the preceding 30 days which is not reflected in the information contained in the manual; and

      (e) At the time of the transaction, the issuer of the security has a class of equity security listed on the New York Stock Exchange, American Stock Exchange or other exchange designated by the Administrator, or on the National Market System of the National Association of Securities Dealers Automated Quotation System. The requirements of this paragraph do not apply if:

             (1) The security has been outstanding for at least 180 days;

             (2) The issuer of the security is actually engaged in business and is not developing the issuer’s business, in bankruptcy or in receivership; and

             (3) The issuer of the security has been in continuous operation for at least 5 years.

      4.  A nonissuer transaction in a security that has a fixed maturity or a fixed interest or dividend provision if there has been no default during the current fiscal year or within the 3 preceding years, or during the existence of the issuer, and any predecessors if less than 3 years, in the payment of principal, interest or dividends on the security.

      5.  A nonissuer transaction effected by or through a registered broker-dealer pursuant to an unsolicited order or offer to purchase.

      6.  A transaction between the issuer or other person on whose behalf the offering of a security is made and an underwriter, or a transaction among underwriters.

      7.  A transaction in a bond or other evidence of indebtedness secured by a real estate mortgage, deed of trust, personal property security agreement, or by an agreement for the sale of real estate or personal property, if the entire mortgage, deed of trust or agreement, together with all the bonds or other evidences of indebtedness secured thereby, is offered and sold as a unit.

      8.  A transaction by an executor, administrator, sheriff, marshal, receiver, trustee in bankruptcy, guardian or conservator.

      9.  A transaction executed by a bona fide secured party without the purpose of evading this chapter.

      10.  An offer to sell or the sale of a security to a financial or institutional investor or to a broker-dealer.

      11.  Except as otherwise provided in this subsection, a [transaction pursuant to] sale or an offer to sell securities of an issuer if:

 


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ê2017 Statutes of Nevada, Page 203 (Chapter 50, SB 32)ê

 

      (a) The transaction is part of an issue in which there are not more than [25] 35 purchasers in this State, other than those designated in subsection 10, during any 12 consecutive months;

      (b) No general solicitation or general advertising is used in connection with the offer to sell or sale of the securities;

      (c) No commission or other similar compensation is paid or given, directly or indirectly, to a person, other than a broker-dealer licensed or not required to be licensed under this chapter, for soliciting a prospective purchaser in this State; and

      (d) One of the following conditions is satisfied:

             (1) The seller reasonably believes that all the purchasers in this State, other than those designated in subsection 10, are purchasing for investment; or

             (2) Immediately before and immediately after the transaction, the issuer reasonably believes that the securities of the issuer are held by 50 or fewer beneficial owners, other than those designated in subsection 10, and the transaction is part of an aggregate offering that does not exceed $500,000 during any 12 consecutive months.

Ê The Administrator by rule or order as to a security or transaction or a type of security or transaction may withdraw or further condition the exemption set forth in this subsection or waive one or more of the conditions of the exemption.

      12.  An offer to sell or sale of a preorganization certificate or subscription if:

      (a) No commission or other similar compensation is paid or given, directly or indirectly, for soliciting a prospective subscriber;

      (b) No public advertising or general solicitation is used in connection with the offer to sell or sale;

      (c) The number of offers does not exceed 50;

      (d) The number of subscribers does not exceed 10; and

      (e) No payment is made by a subscriber.

      13.  An offer to sell or sale of a preorganization certificate or subscription issued in connection with the organization of a depository institution if that organization is under the supervision of an official or agency of a state or of the United States which has and exercises the authority to regulate and supervise the organization of the depository institution. For the purpose of this subsection, “under the supervision of an official or agency” means that the official or agency by law has authority to require disclosures to prospective investors similar to those required under NRS 90.490, impound proceeds from the sale of a preorganization certificate or subscription until organization of the depository institution is completed, and require refund to investors if the depository institution does not obtain a grant of authority from the appropriate official or agency.

      14.  A transaction pursuant to an offer to sell to existing security holders of the issuer, including persons who at the time of the transaction are holders of transferable warrants exercisable within not more than 90 days after their issuance, convertible securities or nontransferable warrants, if:

      (a) No commission or other similar compensation, other than a standby commission, is paid or given, directly or indirectly, for soliciting a security holder in this State; or

 


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ê2017 Statutes of Nevada, Page 204 (Chapter 50, SB 32)ê

 

      (b) The issuer first files a notice specifying the terms of the offer to sell, together with a nonrefundable fee of $300, and the Administrator does not by order disallow the exemption within the next 5 full business days.

      15.  A transaction involving an offer to sell, but not a sale, of a security not exempt from registration under the Securities Act of 1933, 15 U.S.C. §§ 77a et seq., if:

      (a) A registration or offering statement or similar record as required under the Securities Act of 1933, 15 U.S.C. §§ 77a et seq., has been filed, but is not effective;

      (b) A registration statement, if required, has been filed under this chapter, but is not effective; and

      (c) No order denying, suspending or revoking the effectiveness of registration, of which the offeror is aware, has been entered by the Administrator or the Securities and Exchange Commission, and no examination or public proceeding that may culminate in that kind of order is known by the offeror to be pending.

      16.  A transaction involving an offer to sell, but not a sale, of a security exempt from registration under the Securities Act of 1933, 15 U.S.C. §§ 77a et seq., if:

      (a) A registration statement has been filed under this chapter, but is not effective; and

      (b) No order denying, suspending or revoking the effectiveness of registration, of which the offeror is aware, has been entered by the Administrator and no examination or public proceeding that may culminate in that kind of order is known by the offeror to be pending.

      17.  A transaction involving the distribution of the securities of an issuer to the security holders of another person in connection with a merger, consolidation, exchange of securities, sale of assets or other reorganization to which the issuer, or its parent or subsidiary, and the other person, or its parent or subsidiary, are parties, if:

      (a) The securities to be distributed are registered under the Securities Act of 1933, 15 U.S.C. §§ 77a et seq., before the consummation of the transaction; or

      (b) The securities to be distributed are not required to be registered under the Securities Act of 1933, 15 U.S.C. §§ 77a et seq., written notice of the transaction and a copy of the materials, if any, by which approval of the transaction will be solicited, together with a nonrefundable fee of $300, are given to the Administrator at least 10 days before the consummation of the transaction and the Administrator does not, by order, disallow the exemption within the next 10 days.

      18.  A transaction involving the offer to sell or sale of one or more promissory notes each of which is directly secured by a first lien on a single parcel of real estate, or a transaction involving the offer to sell or sale of participation interests in the notes if the notes and participation interests are originated by a depository institution and are offered and sold subject to the following conditions:

      (a) The minimum aggregate sales price paid by each purchaser may not be less than $250,000;

      (b) Each purchaser must pay cash either at the time of the sale or within 60 days after the sale; and

      (c) Each purchaser may buy for the purchaser’s own account only.

 


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ê2017 Statutes of Nevada, Page 205 (Chapter 50, SB 32)ê

 

      19.  A transaction involving the offer to sell or sale of one or more promissory notes directly secured by a first lien on a single parcel of real estate or participating interests in the notes, if the notes and interests are originated by a mortgagee approved by the Secretary of Housing and Urban Development under sections 203 and 211 of the National Housing Act, 12 U.S.C. §§ 1709 and 1715b, and are offered or sold, subject to the conditions specified in subsection 18, to a depository institution or insurance company, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association or the Government National Mortgage Association.

      20.  A transaction between any of the persons described in subsection 19 involving a nonassignable contract to buy or sell the securities described in subsection 18 if the contract is to be completed within 2 years and if:

      (a) The seller of the securities pursuant to the contract is one of the parties described in subsection 18 or 19 who may originate securities;

      (b) The purchaser of securities pursuant to a contract is any other person described in subsection 19; and

      (c) The conditions described in subsection 18 are fulfilled.

      21.  A transaction involving one or more promissory notes secured by a lien on real estate, or participating interests in those notes, by:

      (a) A mortgage banker licensed pursuant to chapter 645E of NRS to engage in those transactions; or

      (b) A mortgage broker licensed pursuant to chapter 645B of NRS to engage in those transactions.

________

CHAPTER 51, SB 40

Senate Bill No. 40–Committee on Judiciary

 

CHAPTER 51

 

[Approved: May 19, 2017]

 

AN ACT relating to domestic relations; revising the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act that set forth the procedures for serving notice of the registration of a child custody determination issued by a court in another state; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, Nevada has enacted the Uniform Child Custody Jurisdiction and Enforcement Act to establish the procedures and jurisdictional requirements regarding the enforcement of a child custody determination issued by a court in another state. (Chapter 125A of NRS) To make a child custody determination issued by a court in another state enforceable in this State, existing law authorizes a person to register a child custody determination in this State. The court in which the child custody determination is being registered is required to serve notice upon any parent or person acting as a parent who has been awarded custody or visitation in the child custody determination. (NRS 125A.465) This bill amends the Uniform Act by requiring the person seeking registration, instead of the court, to notify, by registered or certified mail, any parent or person who has been awarded custody or visitation in the child custody determination.

 


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ê2017 Statutes of Nevada, Page 206 (Chapter 51, SB 40)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 125A.465 is hereby amended to read as follows:

      125A.465  1.  A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to a court of this state which is competent to hear custody matters:

      (a) A letter or other document requesting registration;

      (b) Two copies, including one certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and

      (c) Except as otherwise provided in NRS 125A.385, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered.

      2.  On receipt of the documents required by subsection 1, the registering court shall [:

      (a) Cause] cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form . [; and

      (b) Serve notice upon]

      3.  The registering court shall provide the persons named pursuant to paragraph (c) of subsection 1 [and provide them] with an opportunity to contest the registration in accordance with this section.

      [3.]4.  The person seeking registration of a child custody determination pursuant to subsection 1 shall serve notice, by registered or certified mail, return receipt requested, upon each parent or person who has been awarded custody or visitation identified pursuant to paragraph (c) of subsection 1.

      5.  The notice required by [paragraph (b) of] subsection [2] 4 must state that:

      (a) A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state;

      (b) A hearing to contest the validity of the registered determination must be requested within 20 days after service of notice; and

      (c) Failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.

      [4.] 6.  A person seeking to contest the validity of a registered order must request a hearing within 20 days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that:

      (a) The issuing court did not have jurisdiction pursuant to NRS 125A.305 to 125A.395, inclusive;

      (b) The child custody determination sought to be registered has been vacated, stayed or modified by a court having jurisdiction to do so pursuant to NRS 125A.305 to 125A.395, inclusive; or

 


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ê2017 Statutes of Nevada, Page 207 (Chapter 51, SB 40)ê

 

      (c) The person contesting registration was entitled to notice, but notice was not given in accordance with the standards of NRS 125A.255, in the proceedings before the court that issued the order for which registration is sought.

      [5.] 7.  If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation.

      [6.] 8.  Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

      [7.] 9.  The provisions of this section do not apply to an order for protection against domestic violence issued by the court of another state, territory or Indian tribe within the United States which is registered pursuant to NRS 33.090.

      Sec. 2. (Deleted by amendment.)

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

________

CHAPTER 52, AB 107

Assembly Bill No. 107–Assemblywoman Bilbray-Axelrod

 

CHAPTER 52

 

[Approved: May 22, 2017]

 

AN ACT relating to unlawful detainer; providing for the sealing of court records relating to eviction under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill provides that eviction case court files relating to actions for summary eviction are sealed automatically and not open to inspection: (1) upon the entry of a court order denying or dismissing the action for summary eviction; or (2) if a landlord fails to file an affidavit of complaint within 30 days after a tenant files an affidavit to contest the matter. This bill also authorizes the court to seal an eviction case court file: (1) upon a written stipulation between the landlord and the tenant; or (2) upon motion by the tenant, if the court finds that the eviction should be set aside pursuant to the Justice Court Rules of Civil Procedure or that sealing the eviction case court file is in the interests of justice.

 

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

      1.  In any action for summary eviction pursuant to NRS 40.253 or 40.254, the eviction case court file is sealed automatically and not open to inspection:

      (a) Upon the entry of a court order which denies or dismisses the action for summary eviction; or

 


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ê2017 Statutes of Nevada, Page 208 (Chapter 52, AB 107)ê

 

      (b) Thirty-one days after the tenant has filed an affidavit described in subsection 3 of NRS 40.253, if the landlord has failed to file an affidavit of complaint pursuant to subsection 5 of NRS 40.253 within 30 days after the tenant filed the affidavit.

      2.  In addition to the provisions for the automatic sealing of an eviction case court file pursuant to subsection 1, the court may order the sealing of an eviction case court file:

      (a) Upon the filing of a written stipulation by the landlord and the tenant to set aside the order of eviction and seal the eviction case court file; or

      (b) Upon motion of the tenant and decision by the court if the court finds that:

             (1) The eviction should be set aside pursuant to Rule 60 of the Justice Court Rules of Civil Procedure; or

             (2) Sealing the eviction case court file is in the interests of justice and those interests are not outweighed by the public’s interest in knowing about the contents of the eviction case court file, after considering, without limitation, the following factors:

                   (I) Circumstances beyond the control of the tenant that led to the eviction;

                   (II) Other extenuating circumstances under which the order of eviction was granted; and

                   (III) The amount of time that has elapsed between the granting of the order of eviction and the filing of the motion to seal the eviction case court file.

      3.  If the court orders the eviction case court file sealed pursuant to this section, all proceedings recounted in the eviction case court file shall be deemed never to have occurred.

      4.  As used in this section, “eviction case court file” means all records relating to an action for summary eviction which are maintained by the court, including, without limitation, the affidavit of complaint and any other pleadings, proof of service, findings of the court, any order made on motion as provided in Nevada Rules of Civil Procedure, Justice Court Rules of Procedure and local rules of practice and all other papers, records, proceedings and evidence, including exhibits and transcript of the testimony.

      Sec. 2. NRS 40.215 is hereby amended to read as follows:

      40.215  As used in NRS 40.215 to 40.425, inclusive, and section 1 of this act, unless the context requires otherwise:

      1.  “Dwelling” or “dwelling unit” means a structure or part thereof that is occupied, or designed or intended for occupancy, as a residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.

      2.  “Landlord’s agent” means a person who is hired or authorized by the landlord or owner of real property to manage the property or dwelling unit, to enter into a rental agreement on behalf of the landlord or owner of the property or who serves as a person within this State who is authorized to act for and on behalf of the landlord or owner for the purposes of service of process or receiving notices and demands. A landlord’s agent may also include a successor landlord or a property manager as defined in NRS 645.0195.

 


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ê2017 Statutes of Nevada, Page 209 (Chapter 52, AB 107)ê

 

      3.  “Mobile home” means every vehicle, including equipment, which is constructed, reconstructed or added to in such a way as to have an enclosed room or addition occupied by one or more persons as a residence or sleeping place and which has no foundation other than wheels, jacks, skirting or other temporary support.

      4.  “Mobile home lot” means a portion of land within a mobile home park which is rented or held out for rent to accommodate a mobile home.

      5.  “Mobile home park” or “park” means an area or tract of land where two or more mobile homes or mobile home lots are rented or held out for rent. “Mobile home park” or “park” does not include those areas or tracts of land, whether within or outside of a park, where the lots are held out for rent on a nightly basis.

      6.  “Premises” includes a mobile home.

      7.  “Recreational vehicle” means a vehicular structure primarily designed as temporary living quarters for travel, recreational or camping use, which may be self-propelled or mounted upon or drawn by a motor vehicle.

      8.  “Recreational vehicle lot” means a portion of land within a recreational vehicle park, or a portion of land so designated within a mobile home park, which is rented or held out for rent to accommodate a recreational vehicle overnight or for less than 3 months.

      9.  “Recreational vehicle park” means an area or tract of land where lots are rented or held out for rent to accommodate a recreational vehicle overnight or for less than 3 months.

      10.  “Short-term tenancy” means a tenancy in which rent is reserved by a period of 1 week and the tenancy has not continued for more than 45 days.

      Sec. 3.  The amendatory provisions of this act apply to all actions pending or filed on or after October 1, 2017.

________

CHAPTER 53, AB 221

Assembly Bill No. 221–Assemblywoman Bilbray-Axelrod

 

CHAPTER 53

 

[Approved: May 22, 2017]

 

AN ACT relating to schools; requiring the model plan developed for the management of a crisis or an emergency that involves a public school to include a procedure for evacuating pupils and employees of a charter school to an identified public school if necessary during a crisis or emergency; requiring a charter school to indemnify a school district to which it evacuates during a crisis or emergency; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Department of Education, with the assistance of other state agencies, to develop a model plan for the management of a crisis or an emergency that involves a public school and to review and update that plan at least once each year. (NRS 388.253) This bill requires the Department of Education to include in the model plan for the management of a crisis or an emergency that involves public school procedures for the evacuation of the pupils and employees of a charter school during a crisis or an emergency to a designated space within an identified public school in a school district that is separate from the general population of the school.

 


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ê2017 Statutes of Nevada, Page 210 (Chapter 53, AB 221)ê

 

population of the school. This bill further requires the school district to ensure that such a school in the school district is prepared to allow such an evacuation in accordance with the procedure in the model plan when necessary during a crisis or an emergency. Additionally, this bill requires a charter school to hold harmless, indemnify and defend a school district against any claim or liability arising from an evacuation of pupils and employees of the charter school to a school in the school district during a crisis or an emergency.

 

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 388.253 is hereby amended to read as follows:

      388.253  1.  The Department shall, with assistance from other state agencies, including, without limitation, the Division of Emergency Management, the Investigation Division, and the Nevada Highway Patrol Division of the Department of Public Safety, develop a model plan for the management of a crisis or an emergency that involves a public school, including, without limitation, a charter school, or a private school and that requires immediate action. The model plan must include, without limitation, a procedure for:

      (a) Coordinating the resources of local, state and federal agencies, officers and employees, as appropriate;

      (b) Accounting for all persons within a school;

      (c) Assisting persons within a school in a school district, a charter school or a private school to communicate with each other;

      (d) Assisting persons within a school in a school district, a charter school or a private school to communicate with persons located outside the school, including, without limitation, relatives of pupils and relatives of employees of such a school, the news media and persons from local, state or federal agencies that are responding to a crisis or an emergency;

      (e) Assisting pupils of a school in the school district, a charter school or a private school, employees of such a school and relatives of such pupils and employees to move safely within and away from the school, including, without limitation, a procedure for evacuating the school and a procedure for securing the school;

      (f) Reunifying a pupil with his or her parent or legal guardian;

      (g) Providing any necessary medical assistance;

      (h) Recovering from a crisis or an emergency;

      (i) Carrying out a lockdown at a school in which persons are not allowed to enter or exit the school;

      (j) Providing shelter in specific areas of a school; [and]

      (k) Evacuating pupils and employees of a charter school to a designated space within an identified public middle school, junior high school or high school in a school district that is separate from the general population of the school and large enough to accommodate the charter school, and such a space may include, without limitation, a gymnasium or multipurpose room of the public school; and

      (l) Providing specific information relating to managing a crisis or an emergency that is a result of:

             (1) An incident involving hazardous materials;

             (2) An incident involving mass casualties;

             (3) An incident involving an active shooter;

 


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ê2017 Statutes of Nevada, Page 211 (Chapter 53, AB 221)ê

 

             (4) An outbreak of disease;

             (5) Any threat or hazard identified in the hazard mitigation plan of the county in which the school district is located, if such a plan exists; or

             (6) Any other situation, threat or hazard deemed appropriate.

      2.  In developing the model plan, the Department shall consider the plans developed pursuant to NRS 388.243 and 394.1687 and updated pursuant to NRS 388.245 and 394.1688.

      3.  The Department shall require a school district to ensure that each public school in the school district identified pursuant to paragraph (k) of subsection 1 is prepared to allow a charter school to evacuate to the school when necessary in accordance with the procedure included in the model plan developed pursuant to subsection 1. A charter school shall hold harmless, indemnify and defend the school district to which it evacuates during a crisis or an emergency against any claim or liability arising from an act or omission by the school district or an employee or officer of the school district.

      4.  The Department may disseminate to any appropriate local, state or federal agency, officer or employee, as the Department determines is necessary:

      (a) The model plan developed by the Department pursuant to subsection 1;

      (b) A plan developed pursuant to NRS 388.243 or updated pursuant to NRS 388.245;

      (c) A plan developed pursuant to NRS 394.1687 or updated pursuant to NRS 394.1688; and

      (d) A deviation approved pursuant to NRS 388.251 or 394.1692.

      [4.]5.  The Department shall, at least once each year, review and update as appropriate the model plan developed pursuant to subsection 1.

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

________

CHAPTER 54, AB 118

Assembly Bill No. 118–Assemblyman Daly

 

CHAPTER 54

 

[Approved: May 22, 2017]

 

AN ACT relating to concealed firearms; authorizing certain persons who are at least 18 years of age but less than 21 years of age to be eligible for a permit to carry a concealed firearm; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires that a person who is a resident of this State must be at least 21 years of age to be eligible for a permit to carry a concealed firearm. (NRS 202.3657) This bill authorizes a person who is at least 18 years of age but less than 21 years of age to be eligible for a permit to carry a concealed firearm if the person provides certain proof that he or she: (1) is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard; or (2) was discharged or released from service therein under honorable conditions. This bill also requires a sheriff to deny an application for a permit or revoke an existing permit if the sheriff determines that the applicant or permittee has been discharged or released from service in the Armed Forces of the United States, a reserve component thereof or the National Guard under conditions other than honorable conditions and is less than 21 years of age.

 


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ê2017 Statutes of Nevada, Page 212 (Chapter 54, AB 118)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 202.3657 is hereby amended to read as follows:

      202.3657  1.  Any person who is a resident of this State may apply to the sheriff of the county in which he or she resides for a permit on a form prescribed by regulation of the Department. Any person who is not a resident of this State may apply to the sheriff of any county in this State for a permit on a form prescribed by regulation of the Department. Application forms for permits must be furnished by the sheriff of each county upon request.

      2.  A person applying for a permit may submit one application and obtain one permit to carry all handguns owned by the person. The person must not be required to list and identify on the application each handgun owned by the person. A permit is valid for any handgun which is owned or thereafter obtained by the person to whom the permit is issued.

      3.  Except as otherwise provided in this section, the sheriff shall issue a permit to any person who is qualified to possess a handgun under state and federal law, who submits an application in accordance with the provisions of this section and who:

      (a) Is [21] :

             (1) Twenty-one years of age or older; or

             (2) At least 18 years of age but less than 21 years of age if the person:

                   (I) Is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard; or

                   (II) Was discharged or released from service in the Armed Forces of the United States, a reserve component thereof or the National Guard under honorable conditions;

      (b) Is not prohibited from possessing a firearm pursuant to NRS 202.360; and

      (c) Demonstrates competence with handguns by presenting a certificate or other documentation to the sheriff which shows that the applicant:

             (1) Successfully completed a course in firearm safety approved by a sheriff in this State; or

             (2) Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety.

Ê Such a course must include instruction in the use of handguns and in the laws of this State relating to the use of a firearm. A sheriff may not approve a course in firearm safety pursuant to subparagraph (1) unless the sheriff determines that the course meets any standards that are established by the Nevada Sheriffs’ and Chiefs’ Association or, if the Nevada Sheriffs’ and Chiefs’ Association ceases to exist, its legal successor.

      4.  The sheriff shall deny an application or revoke a permit if the sheriff determines that the applicant or permittee:

      (a) Has an outstanding warrant for his or her arrest.

      (b) Has been judicially declared incompetent or insane.

      (c) Has been voluntarily or involuntarily admitted to a mental health facility during the immediately preceding 5 years.

 


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ê2017 Statutes of Nevada, Page 213 (Chapter 54, AB 118)ê

 

      (d) Has habitually used intoxicating liquor or a controlled substance to the extent that his or her normal faculties are impaired. For the purposes of this paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, the person has been:

             (1) Convicted of violating the provisions of NRS 484C.110; or

             (2) Committed for treatment pursuant to NRS 458.290 to 458.350, inclusive.

      (e) Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor under the laws of this or any other state, or a territory or possession of the United States at any time during the immediately preceding 3 years.

      (f) Has been convicted of a felony in this State or under the laws of any state, territory or possession of the United States.

      (g) Has been convicted of a crime involving domestic violence or stalking, or is currently subject to a restraining order, injunction or other order for protection against domestic violence.

      (h) Is currently on parole or probation from a conviction obtained in this State or in any other state or territory or possession of the United States.

      (i) Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court of this State or of any other state or territory or possession of the United States, as a condition to the court’s:

             (1) Withholding of the entry of judgment for a conviction of a felony; or

             (2) Suspension of sentence for the conviction of a felony.

      (j) Has made a false statement on any application for a permit or for the renewal of a permit.

      (k) Has been discharged or released from service in the Armed Forces of the United States, a reserve component thereof or the National Guard under conditions other than honorable conditions and is less than 21 years of age.

      5.  The sheriff may deny an application or revoke a permit if the sheriff receives a sworn affidavit stating articulable facts based upon personal knowledge from any natural person who is 18 years of age or older that the applicant or permittee has or may have committed an offense or engaged in any other activity specified in subsection 4 which would preclude the issuance of a permit to the applicant or require the revocation of a permit pursuant to this section.

      6.  If the sheriff receives notification submitted by a court or law enforcement agency of this or any other state, the United States or a territory or possession of the United States that a permittee or an applicant for a permit has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the person’s permit or the processing of the person’s application until the final disposition of the charges against the person. If a permittee is acquitted of the charges, or if the charges are dropped, the sheriff shall restore his or her permit without imposing a fee.

 


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ê2017 Statutes of Nevada, Page 214 (Chapter 54, AB 118)ê

 

      7.  An application submitted pursuant to this section must be completed and signed under oath by the applicant. The applicant’s signature must be witnessed by an employee of the sheriff or notarized by a notary public. The application must include:

      (a) The name, address, place and date of birth, social security number, occupation and employer of the applicant and any other names used by the applicant;

      (b) A complete set of the applicant’s fingerprints taken by the sheriff or his or her agent;

      (c) A front-view colored photograph of the applicant taken by the sheriff or his or her agent;

      (d) If the applicant is a resident of this State, the driver’s license number or identification card number of the applicant issued by the Department of Motor Vehicles;

      (e) If the applicant is not a resident of this State, the driver’s license number or identification card number of the applicant issued by another state or jurisdiction;

      (f) If the applicant is a person described in subparagraph (2) of paragraph (a) of subsection 3, proof that the applicant:

             (1) Is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard, as evidenced by his or her current military identification card; or

             (2) Was discharged or released from service in the Armed Forces of the United States, a reserve component thereof or the National Guard under honorable conditions, as evidenced by his or her DD Form 214, “Certificate of Release or Discharge from Active Duty,” or other document of honorable separation issued by the United States Department of Defense;

      (g) A nonrefundable fee equal to the nonvolunteer rate charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation to obtain the reports required pursuant to subsection 1 of NRS 202.366; and

      [(g)](h) A nonrefundable fee set by the sheriff not to exceed $60.

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

________

 

 

 

 

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 215ê

 

CHAPTER 55, SB 326

Senate Bill No. 326–Committee on Health and Human Services

 

CHAPTER 55

 

[Approved: May 22, 2017]

 

AN ACT relating to child care; requiring a child care facility to give priority in admission to children whose parent or guardian serves or has served in the Armed Forces of the United States; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law regulates the operation of a child care facility, which is defined as: (1) an establishment operated and maintained for the purpose of furnishing care to five or more children for compensation; (2) a facility operated by a place of business to provide care for the children of its employees; (3) a child care institution; or (4) an outdoor youth program. (NRS 432A.024, 432A.131-432A.220) This bill requires a child care facility, before granting admission to any other child, to grant admission to a child whose: (1) parent or guardian is currently serving on active duty in the Armed Forces of the United States; (2) parent was killed or died as a direct result of injuries received while serving honorably on active duty in the Armed Forces of the United States; or (3) parent is currently or was recently missing in action or a prisoner of war.

      Existing law authorizes the Division of Public and Behavioral Health of the Department of Health and Human Services to impose disciplinary action on a child care facility that violates any provision of the chapter governing such facilities. Such discipline may include suspension or revocation of a license. (NRS 432A.190) Therefore, a child care facility that does not give priority in admission as required by this bill will be subject to such disciplinary action.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 432A of NRS is hereby amended by adding thereto a new section to read as follows:

      A child care facility shall, to the extent authorized by federal law, give priority in admission to a child whose application for admission includes official documentation from the Federal Government that his or her:

      1.  Parent or guardian is currently serving on active duty in the Armed Forces of the United States;

      2.  Parent was killed or died as a direct result of injuries received while serving honorably on active duty in the Armed Forces of the United States; or

      3.  Parent was reported as a prisoner of war or missing in action while serving honorably on active duty in the Armed Forces of the United States and is currently or has, within 180 days before the date on which the application for admission of the child is submitted, been a prisoner of war or missing in action under such circumstances.

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

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ê2017 Statutes of Nevada, Page 216ê

 

CHAPTER 56, SB 148

Senate Bill No. 148–Senator Spearman

 

CHAPTER 56

 

[Approved: May 22, 2017]

 

AN ACT relating to veterans; requiring the Director of the Department of Veterans Services to provide certain assistance and information to veterans and members of the military who are lesbian, gay, bisexual or transgender; prohibiting the denial of certain benefits and services to a veteran solely on the basis of the veteran’s status as a discharged veteran who is lesbian, gay, bisexual or transgender; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 2 of this bill requires the Director of the Department of Veterans Services to provide assistance and information relating to aid, benefits and services to veterans and members of the military who are lesbian, gay, bisexual or transgender and their spouses and dependents. Section 2 further requires the Director to assist a veteran who is lesbian, gay, bisexual or transgender in applying for an upgrade to the character of the veteran’s discharge from service or a change in the narrative reason for the veteran’s discharge from service.

      Section 3 of this bill prohibits the denial of a veteran’s eligibility for any program, service, benefit, activity or facility of this State, or subdivision thereof, for which the veteran would otherwise be eligible solely on the basis of the veteran’s status as a discharged veteran who is lesbian, gay, bisexual or transgender.

 

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

      Sec. 2. 1.  The Director shall:

      (a) Conduct outreach to, and provide assistance designed for the unique needs of, veterans and members of the military who are lesbian, gay, bisexual or transgender and their spouses and dependents.

      (b) Provide assistance to a veteran who is lesbian, gay, bisexual or transgender in applying for an upgrade to the character of the veteran’s discharge from service or a change in the narrative reason for the veteran’s discharge from service.

      (c) Provide assistance in applying for and obtaining benefits which are available through agencies and programs that provide services and resources to veterans and members of the military who are lesbian, gay, bisexual or transgender and their spouses and dependents.

      (d) Provide assistance to veterans and members of the military who are lesbian, gay, bisexual or transgender in applying for, and in appealing any denial of, federal and state benefits for veterans and members of the military and aid to which those veterans, members of the military and their spouses and dependents may be entitled.

      (e) Develop and distribute informational materials to veterans and members of the military who are lesbian, gay, bisexual or transgender and their spouses and dependents regarding benefits which are available through agencies and programs that provide services and resources to veterans and members of the military who are lesbian, gay, bisexual or transgender and their spouses and dependents.

 


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ê2017 Statutes of Nevada, Page 217 (Chapter 56, SB 148)ê

 

their spouses and dependents regarding benefits which are available through agencies and programs that provide services and resources to veterans and members of the military who are lesbian, gay, bisexual or transgender and their spouses and dependents.

      2.  As used in this section, “veteran” means a resident of this State who meets the qualifications of subsection 1 of NRS 417.005.

      Sec. 3. 1.  No veteran may be denied eligibility for any program, service, benefit, activity or facility of a department, division, board, bureau, commission or agency of this State or any political subdivision of this State which provides a program, service, benefit, activity or facility to veterans for which the veteran would otherwise be eligible solely on the basis of the veteran’s status as a discharged veteran who is lesbian, gay, bisexual or transgender.

      2.  The Director may adopt such regulations as are necessary to carry out the provisions of this section.

      3.  As used in this section, “veteran” means a resident of this State who meets the qualifications of subsection 1 of NRS 417.005.

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

________

CHAPTER 57, AB 282

Assembly Bill No. 282–Assemblyman Elliot Anderson

 

CHAPTER 57

 

[Approved: May 22, 2017]

 

AN ACT relating to trade practices; authorizing certain service members who receive certain military orders to relocate or deploy to terminate, suspend or reinstate a contract for certain services under certain circumstances; providing such authority to the spouse of such a service member who receives certain orders to relocate; prohibiting the imposition of certain penalties, fees or other charges on a service member or the spouse of a service member who terminates, suspends or reinstates such a contract; authorizing a service member, the spouse of a service member or the Attorney General to bring an action against a person who violates certain provisions; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The federal Servicemembers Civil Relief Act (50 U.S.C. §§ 3901 et seq.) authorizes members of the military and members of certain other uniformed services who receive military orders to relocate for a period of at least 90 days to terminate a contract for cellular telephone service or telephone exchange service, without incurring certain penalties. The federal Act further provides certain benefits to a member of the military or a service member who resubscribes to the terminated service within a certain period, including, without limitation, the right to retain the telephone number under the terminated contract. (50 U.S.C. § 3956)

      Generally, this bill authorizes a member of the military or a member of certain other uniformed services to terminate, suspend or reinstate a contract for certain services. Section 5 of this bill authorizes a service member to terminate or suspend a contract for membership in a health club and a contract for telecommunication service, Internet service or video service if the service member receives military orders for a permanent change of station or to deploy for a period of at least 30 days.

 


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ê2017 Statutes of Nevada, Page 218 (Chapter 57, AB 282)ê

 

orders for a permanent change of station or to deploy for a period of at least 30 days. If a service member receives military service orders for a permanent change of station, his or her spouse is authorized by section 5 to terminate or suspend such contracts. Section 5 further authorizes the service member to terminate a contract for cellular telephone service or telephone exchange service under the circumstances set forth in the federal Servicemembers Civil Relief Act. Section 6 of this bill sets forth the terms upon which a service member or the spouse of a service member may reinstate the contract for service described in section 5. Section 7 of this bill prohibits a service provider from charging penalties or certain additional charges because of the termination, suspension or reinstatement of a contract pursuant to this bill. Section 8 of this bill: (1) authorizes a person injured by a violation of this bill to bring an action to recover damages or for declaratory or equitable relief; and (2) authorizes the court to award attorney’s fees and costs to a plaintiff who prevails in such an action. Section 9 of this bill authorizes the Attorney General to: (1) bring an action against a person who has violated, is violating or is about to violate a provision of this bill; and (2) obtain certain remedies in that action, including injunctive relief, a civil penalty of not more than $25,000 for a first violation and $50,000 for any subsequent violation, or restitution for the service member or the spouse of the service member, as applicable.

 

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 the provisions set forth as sections 2 to 9, inclusive, of this act.

      Sec. 2. As used in sections 2 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Service member” means a person who is stationed in or a resident of this State and who is:

      1.  A member of the active or reserve components of the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States who is on active duty;

      2.  A member of the Merchant Marine, the Commissioned Corps of the Public Health Service or the Commissioned Corps of the National Oceanic and Atmospheric Administration of the United States; or

      3.  A member of the National Guard.

      Sec. 4. “Written notice” includes, without limitation, the provision of notice by electronic mail.

      Sec. 5. 1.  A service member may, upon written notice to the service provider, terminate or suspend a contract for a service described in subsection 3 at any time after the date the service member receives military service orders:

      (a) For a permanent change of station; or

      (b) To deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 30 days.

      2.  If a service member receives military service orders for a permanent change of station, the spouse of the service member may, upon written notice to the service provider, terminate or suspend a contract for a service described in subsection 3 at any time after the date the service member receives the military service orders for a permanent change of station.

 


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ê2017 Statutes of Nevada, Page 219 (Chapter 57, AB 282)ê

 

      3.  The provisions of subsections 1 and 2 apply to a contract for any of the following services:

      (a) Except as otherwise provided in subsection 6, telecommunication service.

      (b) Internet service.

      (c) Membership in a health club.

      (d) Video service.

      4.  The service member or the spouse of a service member must provide written proof to the service provider of the official military service orders showing that the service member has been relocated or deployed, as applicable:

      (a) At the time written notice is given pursuant to subsection 1 or 2; or

      (b) If precluded by military necessity or circumstances that make the provision of proof at that time unreasonable or impossible, within 90 days after the written notice is given.

      5.  A termination or suspension of a contract for services under this section is effective on the date on which written notice is given by the service member or the spouse of a service member, as applicable, pursuant to subsection 1 or 2. The termination or suspension of service does not eliminate or alter any contractual obligation to pay for services rendered before the effective date of the written notice, unless otherwise provided by law.

      6.  A service member may terminate a contract for cellular telephone service or telephone exchange service in accordance with the provisions of 50 U.S.C. § 3956.

      7.  As used in this section:

      (a) “Health club” has the meaning ascribed to it in NRS 598.9415.

      (b) “Telecommunication service” has the meaning ascribed to it in NRS 711.135.

      (c) “Video service” means the provision of multichannel video programming generally considered comparable to video programming delivered by a television broadcast station, cable service or other digital television service, whether provided as part of a tier, on-demand or on a per channel basis, without regard to the technology used to deliver the video service.

             (1) The term includes, without limitation:

                   (I) Cable service; and

                   (II) Internet protocol technology or any successor technology.

             (2) The term does not include:

                   (I) Any video content provided solely as part of, and through, a service that enables users to access content, information, electronic mail or other services that are offered via the public Internet.

                   (II) Any wireless multichannel video programming provided by a commercial mobile service provider.

      Sec. 6. 1.  A service member or the spouse of a service member who terminates or suspends a contract for the provision of a service pursuant to section 5 of this act may, upon giving written notice to the service provider within 90 days after termination of the service member’s relocation or deployment, as applicable, reinstate the provision of services:

      (a) If the service member was relocated or deployed for not more than 12 consecutive months, on the same terms and conditions as originally agreed upon with the service provider before the termination or suspension.

 


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ê2017 Statutes of Nevada, Page 220 (Chapter 57, AB 282)ê

 

      (b) If the service member was relocated or deployed for more than 12 consecutive months, on the same terms and conditions that were offered by the service provider to any new customer at the lowest discounted or promotional rate within the 12-month period immediately preceding the termination of the service member’s relocation or deployment.

      2.  Upon receipt of the written notice of reinstatement, the service provider must resume the provision of services or, if the services are no longer available, provide substantially similar services within a reasonable time, not exceeding 30 days, from the date of receipt of the written notice of reinstatement.

      Sec. 7. A service member or the spouse of a service member who terminates, suspends or reinstates a contract for the provision of a service pursuant to sections 2 to 9, inclusive, of this act:

      1.  Must not be charged a penalty, fee, loss of deposit or any other additional cost because of the termination, suspension or reinstatement; and

      2.  Is not liable for payment for any services after the effective date of the termination or suspension, and until the effective date of a reinstatement of services pursuant to section 6 of this act, if applicable.

      Sec. 8. 1.  Any person injured by a violation of sections 2 to 9, inclusive, of this act may bring an action for recovery of damages or for declaratory or equitable relief.

      2.  In addition to the relief authorized by this section, the court may award reasonable attorney’s fees and costs to a plaintiff that prevails under this section.

      Sec. 9. If the Attorney General has reason to believe that a person has violated, is violating or is about to violate any of the provisions of sections 2 to 9, inclusive, of this act, the Attorney General may institute an appropriate legal proceeding against the person. The district court, upon a showing that the person has violated, is violating or is about to violate any of the provisions of sections 2 to 9, inclusive, of this act, may grant any of the following remedies, as appropriate:

      1.  Issue a temporary or permanent injunction.

      2.  Impose a civil penalty not to exceed:

      (a) For a first violation, $25,000; and

      (b) For any subsequent violation, $50,000.

      3.  Issue a declaratory judgment.

      4.  Order restitution for the service member or the spouse of the service member, as applicable.

      5.  Order the payment of attorney’s fees and costs.

      6.  Order such other relief as the court deems just.

      Sec. 10.  This act becomes effective on July 1, 2017.

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ê2017 Statutes of Nevada, Page 221ê

 

CHAPTER 58, AB 252

Assembly Bill No. 252–Assemblymen Titus, Wheeler, Oscarson, Ellison; Edwards, Hambrick, Hansen, Kramer, Krasner, Marchant, McArthur, Pickard, Tolles and Woodbury

 

CHAPTER 58

 

[Approved: May 22, 2017]

 

AN ACT relating to peace officers; authorizing a peace officer or retired peace officer to request the display of an alternate address on his or her driver’s license, identification card, commercial driver’s license or commercial learner’s permit; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Department of Motor Vehicles to adopt regulations prescribing the information that must be contained on a driver’s license. (NRS 483.340) Pursuant to that requirement, existing regulations require that a driver’s license issued by the Department must contain the address of principal residence of the licensee. (NAC 483.040) Section 2 of this bill authorizes a peace officer or a retired peace officer applying for a driver’s license or renewing a driver’s license to request from the Department a driver’s license that displays an alternate address instead of the address of principal residence. A peace officer must use as an alternate address the address of his or her employer, and a retired peace officer must provide an alternate address at the time he or she submits the request. The peace officer or retired peace officer must provide the Department with his or her address of principal residence or mailing address, if different from the address of principal residence, for the purposes of Department records and mailing.

      Existing law also requires the Department to adopt regulations prescribing the information that must be contained on an identification card. (NRS 483.840) Section 3 of this bill authorizes a peace officer or a retired peace officer applying for an identification card or renewing an identification card to request from the Department an identification card that displays an alternate address instead of the address of principal residence, in the same manner as for a driver’s license in section 2.

      Existing law further requires the Department to adopt regulations providing for the issuance of commercial driver’s licenses. (NRS 483.908) Section 4 of this bill authorizes a peace officer or a retired peace officer applying for or renewing a commercial driver’s license or a commercial learner’s permit to request from the Department a commercial driver’s license or a commercial learner’s permit that displays an alternate address instead of the address of principal residence, in the same manner as for a driver’s license or an identification card in sections 2 and 3.

      Sections 5-7 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. Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2. 1.  A peace officer may request, at the time of application for or renewal of his or her driver’s license, the display of an alternate address on his or her driver’s license. The alternative address must be the street address of his or her employer.

 


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      2.  A retired peace officer may request, at the time of application for or renewal of his or her driver’s license, the display of an alternate address on his or her driver’s license. The alternative address must be provided by the retired peace officer at the time he or she submits the request.

      3.  A peace officer or retired peace officer who requests the display of an alternate address on his or her driver’s license pursuant to this section must provide to the Department:

      (a) Proof satisfactory to the Department that he or she qualifies for the display of an alternate address on his or her driver’s license pursuant to this section and any regulations adopted pursuant thereto; and

      (b) His or her address of principal residence and mailing address, if different from the address of principal residence, for use by the Department in recordkeeping and mailing.

      4.  A peace officer or retired peace officer who receives from the Department a driver’s license imprinted with an alternate address pursuant to this section who ceases to be qualified for the driver’s license:

      (a) Shall notify the Department and return the driver’s license within 30 days after ceasing to be qualified; and

      (b) May apply to the Department for a replacement driver’s license that displays his or her address of principal residence.

      5.  The Department shall adopt regulations setting forth criteria pursuant to which the Department will issue or refuse to issue a driver’s license which displays an alternate address in accordance with this section.

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

      Sec. 3. 1.  A peace officer may request, at the time of application for or renewal of his or her identification card, the display of an alternate address on his or her identification card. The alternative address must be the street address of his or her employer.

      2.  A retired peace officer may request, at the time of application for or renewal of his or her identification card, the display of an alternate address on his or her identification card. The alternative address must be provided by the retired peace officer at the time he or she submits the request.

      3.  A peace officer or retired peace officer who requests the display of an alternate address on his or her identification card pursuant to this section must provide to the Department:

      (a) Proof satisfactory to the Department that he or she qualifies for the display of an alternate address on his or her identification card pursuant to this section and any regulations adopted pursuant thereto; and

      (b) His or her address of principal residence and mailing address, if different from the address of principal residence, for use by the Department in recordkeeping and mailing.

      4.  A peace officer or retired peace officer who receives from the Department an identification card imprinted with an alternate address pursuant to this section who ceases to be qualified for the identification card:

      (a) Shall notify the Department and return the identification card within 30 days after ceasing to be qualified; and

      (b) May apply to the Department for a replacement identification card that displays his or her address of principal residence.

 


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ê2017 Statutes of Nevada, Page 223 (Chapter 58, AB 252)ê

 

      5.  The Department shall adopt regulations setting forth criteria pursuant to which the Department will issue or refuse to issue an identification card which displays an alternate address in accordance with this section.

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

      Sec. 4. 1.  A peace officer may request, at the time of application for or renewal of his or her commercial driver’s license or commercial learner’s permit, the display of an alternate address on his or her commercial driver’s license or commercial learner’s permit. The alternative address must be the street address of his or her employer.

      2.  A retired peace officer may request, at the time of application for or renewal of his or her commercial driver’s license or commercial learner’s permit, the display of an alternate address on his or her commercial driver’s license or commercial learner’s permit. The alternative address must be provided by the retired peace officer at the time he or she submits the request.

      3.  A peace officer or retired peace officer who requests the display of an alternate address on his or her commercial driver’s license or commercial learner’s permit pursuant to this section must provide to the Department:

      (a) Proof satisfactory to the Department that he or she qualifies for the display of an alternate address on his or her commercial driver’s license or commercial learner’s permit pursuant to this section and any regulations adopted pursuant thereto; and

      (b) His or her address of principal residence and mailing address, if different from the address of principal residence, for use by the Department in recordkeeping and mailing.

      4.  A peace officer or retired peace officer who receives from the Department a commercial driver’s license or commercial learner’s permit imprinted with an alternate address pursuant to this section who ceases to be qualified for the commercial driver’s license or commercial learner’s permit:

      (a) Shall notify the Department and return the commercial driver’s license or commercial learner’s permit within 30 days after ceasing to be qualified; and

      (b) May apply to the Department for a replacement commercial driver’s license or commercial learner’s permit that displays his or her address of principal residence.

      5.  The Department shall adopt regulations setting forth criteria pursuant to which the Department will issue or refuse to issue a commercial driver’s license or commercial learner’s permit which displays an alternate address in accordance with this section.

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

      Sec. 5. NRS 483.015 is hereby amended to read as follows:

      483.015  Except as otherwise provided in NRS 483.330, the provisions of NRS 483.010 to 483.630, inclusive, and section 2 of this act apply only with respect to noncommercial drivers’ licenses.

 


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ê2017 Statutes of Nevada, Page 224 (Chapter 58, AB 252)ê

 

      Sec. 6. NRS 483.020 is hereby amended to read as follows:

      483.020  As used in NRS 483.010 to 483.630, inclusive, and section 2 of this act, unless the context otherwise requires, the words and terms defined in NRS 483.030 to 483.190, inclusive, have the meanings ascribed to them in those sections.

      Sec. 7. NRS 483.820 is hereby amended to read as follows:

      483.820  1.  A person who applies for an identification card in accordance with the provisions of NRS 483.810 to 483.890, inclusive, and section 3 of this act and who is not ineligible to receive an identification card pursuant to NRS 483.861, is entitled to receive an identification card if the person is:

      (a) A resident of this State and is 10 years of age or older and does not hold a valid driver’s license or identification card from any state or jurisdiction; or

      (b) A seasonal resident who does not hold a valid Nevada driver’s license.

      2.  Except as otherwise provided in NRS 483.825, the Department shall charge and collect the following fees for the issuance of an original, duplicate or changed identification card:

 

An original or duplicate identification card issued to a person 65 years of age or older..................................... $4

An original or duplicate identification card issued to a person under 18 years of age which expires on the eighth anniversary of the person’s birthday.................................................................... 6

A renewal of an identification card for a person under 18 years of age which expires on the eighth anniversary of the person’s birthday................................................................................ 6

An original or duplicate identification card issued to a person under 18 years of age which expires on or before the fourth anniversary of the person’s birthday.............................................. 3

A renewal of an identification card for a person under 18 years of age which expires on or before the fourth anniversary of the person’s birthday......................................................................... 3

An original or duplicate identification card issued to any person at least 18 years of age, but less than 65 years of age, which expires on the eighth anniversary of the person’s birthday...... 18

A renewal of an identification card for any person at least 18 years of age, but less than 65 years of age, which expires on the eighth anniversary of the person’s birthday......................... 18

An original or duplicate identification card issued to any person at least 18 years of age, but less than 65 years of age, which expires on or before the fourth anniversary of the person’s birthday................................................................ 9

A renewal of an identification card for any person at least 18 years of age, but less than 65 years of age, which expires on or before the fourth anniversary of the person’s birthday.............. 9

A new photograph or change of name, or both................................... 4

 

      3.  The Department shall not charge a fee for:

 


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ê2017 Statutes of Nevada, Page 225 (Chapter 58, AB 252)ê

 

      (a) An identification card issued to a person who has voluntarily surrendered his or her driver’s license pursuant to NRS 483.420; or

      (b) A renewal of an identification card for a person 65 years of age or older.

      4.  Except as otherwise provided in NRS 483.825, the increase in fees authorized in NRS 483.347 must be paid in addition to the fees charged pursuant to this section.

      5.  As used in this section, “photograph” has the meaning ascribed to it in NRS 483.125.

      Sec. 8. NRS 483.900 is hereby amended to read as follows:

      483.900  The purposes of NRS 483.900 to 483.940, inclusive, and section 4 of this act are to implement the Commercial Motor Vehicle Safety Act of 1986, as amended, 49 U.S.C. chapter 313 (§§ 31301 et seq.), and reduce or prevent commercial motor vehicle crashes, fatalities and injuries by:

      1.  Permitting drivers of commercial motor vehicles to hold only one license;

      2.  Providing for the disqualification of drivers of commercial motor vehicles who have committed certain serious traffic violations or other specified offenses;

      3.  Strengthening the licensing and testing standards for drivers of commercial motor vehicles; and

      4.  Ensuring that drivers of commercial motor vehicles carrying hazardous materials are qualified to operate a commercial motor vehicle in accordance with all regulations pertaining to the transportation of hazardous materials and have the skills and knowledge necessary to respond appropriately to any emergency arising out of the transportation of hazardous materials.

      Sec. 9. NRS 483.902 is hereby amended to read as follows:

      483.902  The provisions of NRS 483.900 to 483.940, inclusive, and section 4 of this act apply only with respect to commercial drivers’ licenses.

      Sec. 10. NRS 483.904 is hereby amended to read as follows:

      483.904  As used in NRS 483.900 to 483.940, inclusive, and section 4 of this act, unless the context otherwise requires:

      1.  “Commercial driver’s license” means a license issued to a person which authorizes the person to drive a class or type of commercial motor vehicle.

      2.  “Commercial Driver’s License Information System” means the information system maintained by the Secretary of Transportation pursuant to 49 U.S.C. § 31309 to serve as a clearinghouse for locating information relating to the licensing, identification and disqualification of operators of commercial motor vehicles.

      3.  “Out-of-service order” means a temporary prohibition against:

      (a) A person operating a commercial motor vehicle as such a prohibition is described in 49 C.F.R. § 395.13; or

      (b) The operation of a commercial motor vehicle as such a prohibition is described in 49 C.F.R. § 396.9(c).

      Sec. 11.  This act becomes effective upon passage and approval for the purpose of adopting regulations pursuant to the amendatory provisions of this act and on July 1, 2017, for all other purposes.

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ê2017 Statutes of Nevada, Page 226ê

 

CHAPTER 59, AB 132

Assembly Bill No. 132–Assemblyman Elliot Anderson

 

CHAPTER 59

 

[Approved: May 22, 2017]

 

AN ACT relating to crimes; revising the definition of “officer” to include certain civilian employees and volunteers of certain governmental entities for the purpose of enhancing the penalties for assault and battery against such a person; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that a person is guilty of: (1) a category D felony if the person commits an assault upon an officer; and (2) a category B felony if the person commits an assault upon an officer with the use of a deadly weapon or the present ability to use a deadly weapon. (NRS 200.471) Existing law also provides that a person is guilty of: (1) a category B felony if the person commits a battery upon an officer which causes substantial bodily harm or is committed by strangulation; and (2) a gross misdemeanor if the person commits a battery upon an officer and the person knew or should have known that the victim was an officer. (NRS 200.481) This bill revises the definition of “officer” to include certain civilian employees and volunteers of law enforcement agencies, fire-fighting agencies, this State and political subdivisions of this State for the purpose of enhancing the penalties for the crimes of assault and battery against such a person.

 

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 200.471 is hereby amended to read as follows:

      200.471  1.  As used in this section:

      (a) “Assault” means:

             (1) Unlawfully attempting to use physical force against another person; or

             (2) Intentionally placing another person in reasonable apprehension of immediate bodily harm.

      (b) “Fire-fighting agency” has the meaning ascribed to it in NRS 239B.020.

      (c) “Officer” means:

             (1) A person who possesses some or all of the powers of a peace officer;

             (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

             (3) A member of a volunteer fire department;

             (4) A jailer, guard or other correctional officer of a city or county jail;

             (5) A justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph; [or]

 


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ê2017 Statutes of Nevada, Page 227 (Chapter 59, AB 132)ê

 

             (6) An employee of [the] this State or a political subdivision of [the] this State whose official duties require the employee to make home visits [.

      (c) ] ;

             (7) A civilian employee or a volunteer of a law enforcement agency whose official duties require the employee or volunteer to:

                   (I) Interact with the public;

                   (II) Perform tasks related to law enforcement; and

                   (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the law enforcement agency;

             (8) A civilian employee or a volunteer of a fire-fighting agency whose official duties require the employee or volunteer to:

                   (I) Interact with the public;

                   (II) Perform tasks related to fire fighting or fire prevention; and

                   (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the fire-fighting agency; or

             (9) A civilian employee or volunteer of this State or a political subdivision of this State whose official duties require the employee or volunteer to:

                   (I) Interact with the public;

                   (II) Perform tasks related to code enforcement; and

                   (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for this State or a political subdivision of this State.

      (d) “Provider of health care” means a physician, a medical student, a perfusionist or a physician assistant licensed pursuant to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractor, a chiropractor’s assistant, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a medication aide - certified, a dentist, a dental student, a dental hygienist, a dental hygienist student, a pharmacist, a pharmacy student, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern, a licensed dietitian, an emergency medical technician, an advanced emergency medical technician and a paramedic.

      [(d)](e) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100 or 391.281.

      [(e)](f) “Sporting event” has the meaning ascribed to it in NRS 41.630.

      [(f)](g) “Sports official” has the meaning ascribed to it in NRS 41.630.

      [(g)](h) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

      [(h)](i) “Taxicab driver” means a person who operates a taxicab.

      [(i)](j) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.

      2.  A person convicted of an assault shall be punished:

 


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ê2017 Statutes of Nevada, Page 228 (Chapter 59, AB 132)ê

 

      (a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the assault is not made with the use of a deadly weapon or the present ability to use a deadly weapon, for a misdemeanor.

      (b) If the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (c) If paragraph (d) does not apply to the circumstances of the crime and if the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event and the person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (d) If the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event by a probationer, a prisoner who is in lawful custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 2. NRS 200.481 is hereby amended to read as follows:

      200.481  1.  As used in this section:

      (a) “Battery” means any willful and unlawful use of force or violence upon the person of another.

      (b) “Child” means a person less than 18 years of age.

      (c) “Fire-fighting agency” has the meaning ascribed to it in NRS 239B.020.

      (d) “Officer” means:

             (1) A person who possesses some or all of the powers of a peace officer;

             (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

             (3) A member of a volunteer fire department;

             (4) A jailer, guard, matron or other correctional officer of a city or county jail or detention facility;

             (5) A justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including, without limitation, a person acting pro tempore in a capacity listed in this subparagraph; [or]

 


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ê2017 Statutes of Nevada, Page 229 (Chapter 59, AB 132)ê

 

             (6) An employee of [the] this State or a political subdivision of [the] this State whose official duties require the employee to make home visits [.

      (d)];

             (7) A civilian employee or a volunteer of a law enforcement agency whose official duties require the employee or volunteer to:

                   (I) Interact with the public;

                   (II) Perform tasks related to law enforcement; and

                   (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the law enforcement agency;

             (8) A civilian employee or a volunteer of a fire-fighting agency whose official duties require the employee or volunteer to:

                   (I) Interact with the public;

                   (II) Perform tasks related to fire fighting or fire prevention; and

                   (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the fire-fighting agency; or

             (9) A civilian employee or volunteer of this State or a political subdivision of this State whose official duties require the employee or volunteer to:

                   (I) Interact with the public;

                   (II) Perform tasks related to code enforcement; and

                   (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for this State or a political subdivision of this State.

      (e) “Provider of health care” has the meaning ascribed to it in NRS 200.471.

      [(e)](f) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100 or 391.281.

      [(f)](g) “Sporting event” has the meaning ascribed to it in NRS 41.630.

      [(g)](h) “Sports official” has the meaning ascribed to it in NRS 41.630.

      [(h)](i) “Strangulation” means intentionally impeding the normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person in a manner that creates a risk of death or substantial bodily harm.

      [(i)](j) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

      [(j)](k) “Taxicab driver” means a person who operates a taxicab.

      [(k)](l) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.

      2.  Except as otherwise provided in NRS 200.485, a person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:

      (a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in this section or NRS 197.090, for a misdemeanor.

      (b) If the battery is not committed with a deadly weapon, and either substantial bodily harm to the victim results or the battery is committed by strangulation, for a category C felony as provided in NRS 193.130.

 


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ê2017 Statutes of Nevada, Page 230 (Chapter 59, AB 132)ê

 

      (c) If:

             (1) The battery is committed upon an officer, provider of health care, school employee, taxicab driver or transit operator who was performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event;

             (2) The officer, provider of health care, school employee, taxicab driver, transit operator or sports official suffers substantial bodily harm or the battery is committed by strangulation; and

             (3) The person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator or sports official,

Ê for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

      (d) If the battery is committed upon an officer, provider of health care, school employee, taxicab driver or transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event and the person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator or sports official, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.

      (e) If the battery is committed with the use of a deadly weapon, and:

             (1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

             (2) Substantial bodily harm to the victim results or the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $10,000.

      (f) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, without the use of a deadly weapon, whether or not substantial bodily harm results and whether or not the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.

      (g) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, with the use of a deadly weapon, and:

             (1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years.

             (2) Substantial bodily harm to the victim results or the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.

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ê2017 Statutes of Nevada, Page 231ê

 

CHAPTER 60, AB 151

Assembly Bill No. 151–Assemblywoman Carlton (by request)

 

CHAPTER 60

 

[Approved: May 22, 2017]

 

AN ACT relating to law enforcement; requiring the Peace Officers’ Standards and Training Commission to provide by regulation for the voluntary training of law enforcement dispatchers; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Peace Officers’ Standards and Training Commission to adopt regulations governing the certification and decertification, recruitment, selection and training of peace officers. (NRS 289.510) This bill requires the Commission to establish by regulation the minimum standards for a voluntary program of training for law enforcement dispatchers, certify instructors for approved courses of such training and issue certificates to dispatchers who complete such training.

 

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

      1.  The Commission shall:

      (a) Establish by regulation the minimum standards of a voluntary program for the training of law enforcement dispatchers.

      (b) Certify qualified instructors for approved courses of training for law enforcement dispatchers and issue appropriate certificates to instructors who become certified.

      (c) Issue appropriate certificates to law enforcement dispatchers who have satisfactorily completed the voluntary program.

      2.  As used in this section, “law enforcement dispatcher” means a person who is employed by a law enforcement agency or regional telecommunication center and who promotes public safety by:

      (a) Receiving calls for service related to crimes, traffic incidents, public safety and any other related calls for assistance; and

      (b) Providing immediate and critical communication between the public and law enforcement agencies.

      Sec. 2. NRS 289.450 is hereby amended to read as follows:

      289.450  As used in NRS 289.450 to 289.600, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 289.460 to 289.490, inclusive, have the meanings ascribed to them in those sections.

      Secs. 3 and 4. (Deleted by amendment.)

      Sec. 5.  This act becomes effective on July 1, 2017.

________

 


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ê2017 Statutes of Nevada, Page 232ê

 

CHAPTER 61, AB 64

Assembly Bill No. 64–Committee on Education

 

CHAPTER 61

 

[Approved: May 22, 2017]

 

AN ACT relating to education; prescribing the criteria for receipt of a standard high school diploma for a pupil with a disability; prescribing the criteria for receipt of an alternative diploma for a pupil with a significant cognitive disability; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the State Board of Education to adopt regulations that prescribe the criteria for a pupil to receive a standard high school diploma, which must provide that each pupil: (1) take the college and career readiness assessment; (2) enroll in the courses of study designed to prepare the pupil for graduation from high school and readiness for college and career; and (3) pass at least four end-of-course examinations. (NRS 390.600) Section 6 of this bill provides that a pupil with a disability who does not satisfy the requirements prescribed by the State Board may receive a standard high school diploma if he or she instead: (1) demonstrates, through a portfolio of his or her work, proficiency in the standards of content and performance established by the Council to Establish Academic Standards for Public Schools; and (2) satisfies the requirements set forth in his or her individualized education program. Section 6 also provides that a pupil who has a significant cognitive disability may receive an alternative diploma if he or she passes an alternate assessment prescribed by the State Board. Sections 1-5.5 of this bill make conforming changes.

      Section 6.5 of this bill provides that a pupil with a disability who is less than 22 years of age and has not been issued a standard high school diploma on or before July 1, 2017, but who satisfies the criteria prescribed for receipt of a standard high school diploma by a pupil with a disability in section 6 is entitled to a standard high school diploma.

 

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 385A.260 is hereby amended to read as follows:

      385A.260  The annual report of accountability prepared pursuant to NRS 385A.070 must include information on the graduation and drop-out rates of pupils and the enrollment of pupils in remedial courses in college, including, without limitation:

      1.  For each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, the number and percentage of pupils who received:

      (a) A standard high school diploma.

      (b) An adult diploma.

      (c) An adjusted diploma.

      (d) An alternative diploma.

      2.  For each high school in the district, including, without limitation, each charter school sponsored by the district that operates as a high school, information that provides a comparison of the rate of graduation of pupils enrolled in the high school with the rate of graduation of pupils throughout the district and throughout this State.

 


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the district and throughout this State. The information required by this subsection must be provided in consultation with the Department to ensure the accuracy of the comparison.

      3.  The annual rate of pupils who drop out of school in grade 8 and a separate reporting of the annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole. The reporting for pupils in grades 9 to 12, inclusive, excludes pupils who:

      (a) Provide proof to the school district of successful completion of the high school equivalency assessment selected by the State Board pursuant to NRS 390.055.

      (b) Are enrolled in courses that are approved by the Department as meeting the requirements for an adult standard diploma.

      (c) Withdraw from school to attend another school.

      4.  For each high school in the district, including, without limitation, each charter school sponsored by the district, the percentage of pupils who graduated from that high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university, state college or community college within the Nevada System of Higher Education.

      Sec. 1.3. NRS 385A.290 is hereby amended to read as follows:

      385A.290  The annual report of accountability prepared pursuant to NRS 385A.070 must include, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, information on pupils enrolled in career and technical education, including, without limitation:

      1.  The number of pupils enrolled in a course of career and technical education;

      2.  The number of pupils who completed a course of career and technical education;

      3.  The average daily attendance of pupils who are enrolled in a program of career and technical education;

      4.  The annual rate of pupils who dropped out of school and were enrolled in a program of career and technical education before dropping out;

      5.  The number and percentage of pupils who completed a program of career and technical education and who received a standard high school diploma , [or] an adjusted diploma [;] or an alternative diploma; and

      6.  The number and percentage of pupils who completed a program of career and technical education and who did not receive a high school diploma because the pupils failed to satisfy the requirements of subsection 3 or 4 of NRS 390.600 or the criteria prescribed by the State Board pursuant to subsection 1 of NRS 390.600.

      Sec. 1.7. NRS 385A.470 is hereby amended to read as follows:

      385A.470  The annual report of accountability prepared by the State Board pursuant to NRS 385A.400 must include information on the graduation and drop-out rates of pupils and the enrollment of pupils in remedial courses in college, including, without limitation:

      1.  For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of pupils who received:

      (a) A standard high school diploma.

      (b) An adult diploma.

 


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      (c) An adjusted diploma.

      (d) An alternative diploma.

      2.  The annual rate of pupils who drop out of school in grade 8 and a separate reporting of the annual rate of pupils who drop out of school in grades 9 to 12, inclusive, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole. The reporting for pupils in grades 9 to 12, inclusive, excludes pupils who:

      (a) Provide proof to the school district of successful completion of the high school equivalency assessment selected by the State Board pursuant to NRS 390.055.

      (b) Are enrolled in courses that are approved by the Department as meeting the requirements for an adult standard diploma.

      (c) Withdraw from school to attend another school.

      3.  The percentage of pupils who graduated from a high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university, state college or community college within the Nevada System of Higher Education, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      Sec. 2. NRS 385A.500 is hereby amended to read as follows:

      385A.500  The annual report of accountability prepared by the State Board pursuant to NRS 385A.400 must include for each school district, including, without limitation, each charter school in the district and for this State as a whole, information on pupils enrolled in career and technical education, including, without limitation:

      1.  The number of pupils enrolled in a course of career and technical education;

      2.  The number of pupils who completed a course of career and technical education;

      3.  The average daily attendance of pupils who are enrolled in a program of career and technical education;

      4.  The annual rate of pupils who dropped out of school and were enrolled in a program of career and technical education before dropping out;

      5.  The number and percentage of pupils who completed a program of career and technical education and who received a standard high school diploma , [or] an adjusted diploma [;] or an alternative diploma; and

      6.  The number and percentage of pupils who completed a program of career and technical education and who did not receive a high school diploma because the pupils failed to satisfy the requirements of subsection 3 or 4 of NRS 390.600 or the criteria prescribed by the State Board pursuant to subsection 1 of NRS 390.600.

      Sec. 3. NRS 388A.405 is hereby amended to read as follows:

      388A.405  1.  To the extent money is available from legislative appropriation or otherwise, a charter school may apply to the Department for money for facilities if:

      (a) The charter school has been operating in this State for at least 5 consecutive years and is in good financial standing;

      (b) Each financial audit and each performance audit of the charter school required by the Department pursuant to NRS 388A.105 or 388A.110 contains no major notations, corrections or errors concerning the charter school for at least 5 consecutive years;

 


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      (c) The charter school has met or exceeded the annual measurable objectives and performance targets established pursuant to the statewide system of accountability for public schools or has demonstrated improvement in the achievement of pupils enrolled in the charter school, as indicated by those annual measurable objectives and performance targets, for the majority of the years of its operation; and

      (d) At least 75 percent of the pupils enrolled in grade 12 in the charter school in the immediately preceding school year have satisfied the requirements of subsection 3 or 4 of NRS 390.600 or the criteria prescribed by the State Board pursuant to subsection 1 of NRS 390.600, if the charter school enrolls pupils at a high school grade level.

      2.  A charter school that satisfies the requirements of subsection 1 shall submit to a performance audit as required by the Department one time every 3 years. The sponsor of the charter school and the Department shall not request a performance audit of the charter school more frequently than every 3 years without reasonable evidence of noncompliance in achieving the educational goals and objectives of the charter school based upon the annual report submitted to the Department pursuant to NRS 388A.351. If the charter school no longer satisfies the requirements of subsection 1 or if reasonable evidence of noncompliance in achieving the educational goals and objectives of the charter school exists based upon the annual report, the charter school shall, upon written notice from the sponsor, submit to an annual performance audit. Notwithstanding the provisions of paragraph (b) of subsection 1, such a charter school:

      (a) May, after undergoing the annual performance audit, reapply to the sponsor to determine whether the charter school satisfies the requirements of paragraphs (a), (c) and (d) of subsection 1.

      (b) Is not eligible for any available money pursuant to subsection 1 until the sponsor determines that the charter school satisfies the requirements of that subsection.

      3.  A charter school that does not satisfy the requirements of subsection 1 shall submit a quarterly report of the financial status of the charter school if requested by the sponsor of the charter school.

      Sec. 4. NRS 388B.270 is hereby amended to read as follows:

      388B.270  1.  To the extent money is available from legislative appropriation or otherwise, an achievement charter school may apply to the Department for money for facilities if:

      (a) The achievement charter school has been operating in this State for at least 5 consecutive years and is in good financial standing;

      (b) The Executive Director has determined that the finances of the achievement charter school are being managed in a prudent manner;

      (c) The achievement charter school has met or exceeded the annual measurable objectives and performance targets established pursuant to the statewide system of accountability for public schools or has demonstrated improvement in the achievement of pupils enrolled in the achievement charter school, as indicated by those annual measurable objectives and performance targets, for the majority of the years of its operation;

      (d) At least 75 percent of the pupils enrolled in grade 12 in the achievement charter school in the immediately preceding school year have satisfied the requirements of subsection 3 or 4 of NRS 390.600 or the criteria prescribed by the State Board pursuant to subsection 1 of NRS 390.600, if the achievement charter school enrolls pupils at a high school grade level; and

 


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      (e) The achievement charter school meets the requirements prescribed by regulation of the Department.

      2.  An achievement charter school that does not satisfy the requirements of subsection 1 shall submit a quarterly report of the financial status of the achievement charter school if requested by the Executive Director.

      Sec. 5. NRS 388C.120 is hereby amended to read as follows:

      388C.120  1.  A university school for profoundly gifted pupils shall determine the eligibility of a pupil for admission to the school based upon a comprehensive assessment of the pupil’s potential for academic and intellectual achievement at the school, including, without limitation, intellectual and academic ability, motivation, emotional maturity and readiness for the environment of an accelerated educational program. The assessment must be conducted by a broad-based committee of professionals in the field of education.

      2.  A person who wishes to apply for admission to a university school for profoundly gifted pupils must:

      (a) Submit to the governing body of the school:

             (1) A completed application;

             (2) Evidence that the applicant possesses advanced intellectual and academic ability, including, without limitation, proof that he or she satisfies the requirements of NRS 388C.030;

             (3) At least three letters of recommendation from teachers or mentors familiar with the academic and intellectual ability of the applicant;

             (4) A transcript from each school previously attended by the applicant; and

             (5) Such other information as may be requested by the university school or governing body of the school.

      (b) If requested by the governing body of the school, participate in an on-campus interview.

      3.  The curriculum developed for pupils in a university school for profoundly gifted pupils must provide exposure to the subject areas required of pupils enrolled in other public schools.

      4.  The Superintendent of Public Instruction shall, upon recommendation of the governing body, issue a high school diploma to a pupil who is enrolled in a university school for profoundly gifted pupils if that pupil [satisfies] :

      (a) Satisfies the requirements of subsection 3 or 4 of NRS 390.600; or

      (b) Satisfies the criteria prescribed by the State Board pursuant to subsection 1 of NRS 390.600 [and] , successfully passes the courses in American government and American history as required by NRS 389.054 and 389.057 [,] and successfully completes any requirements established by the State Board of Education for graduation from high school.

      5.  On or before March 1 of each odd-numbered year, the governing body of a university school for profoundly gifted pupils shall prepare and submit to the Superintendent of Public Instruction, the president of the university where the university school for profoundly gifted pupils is located, the State Board and the Director of the Legislative Counsel Bureau a report that contains information regarding the school, including, without limitation, the process used by the school to identify and recruit profoundly gifted pupils from diverse backgrounds and with diverse talents, and data assessing the success of the school in meeting the educational needs of its pupils.

 


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      Sec. 5.5. NRS 389.018 is hereby amended to read as follows:

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

      (a) English language arts;

      (b) Mathematics;

      (c) Science; and

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

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

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

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

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

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

             (1) American government;

             (2) American history; and

             (3) World history or geography.

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

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

      (a) The arts;

      (b) Computer education and technology;

      (c) Health; and

      (d) Physical education.

Ê If the State Board requires the completion of course work in a subject area set forth in this subsection for graduation from high school or promotion to the next grade, a public school shall offer the required course work. Except as otherwise provided for a course of study in health prescribed by subsection 1 of NRS 389.021, unless a subject is required for graduation from high school or promotion to the next grade, a charter school is not required to comply with this subsection.

      Sec. 6. NRS 390.600 is hereby amended to read as follows:

      390.600  1.  [A pupil with a disability who does not satisfy the requirements for receipt of a standard high school diploma may receive a diploma designated as an adjusted diploma if the pupil satisfies the requirements set forth in his or her individualized education program. As used in this subsection, “individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

 


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ê2017 Statutes of Nevada, Page 238 (Chapter 61, AB 64)ê

 

used in this subsection, “individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

      2.]  The State Board shall adopt regulations that :

      (a) Except as otherwise provided in subsection 3, prescribe the [:

      (a) Criteria] criteria for a pupil to receive a standard high school diploma, which must include, without limitation, the requirement that:

             (1) Commencing with the 2014-2015 school year and each school year thereafter, a pupil enrolled in grade 11 take the college and career readiness assessment administered pursuant to NRS 390.610;

             (2) Commencing with the 2014-2015 school year and each school year thereafter, a pupil enroll in the courses of study designed to prepare the pupil for graduation from high school and for readiness for college and career; and

             (3) Commencing with the 2014-2015 school year and each school year thereafter, a pupil pass at least four end-of-course examinations prescribed pursuant to paragraph (b).

      (b) [Courses] Prescribe the courses of study in which pupils must pass the end-of-course examinations required by subparagraph (3) of paragraph (a), which must include, without limitation, the subject areas for which the State Board has adopted the common core standards and which may include any other courses of study prescribed by the State Board.

      (c) [The] Prescribe the maximum number of times, if any, that a pupil is allowed to take the end-of-course examinations if the pupil fails to pass the examinations after the first administration.

      [3.] 2.  The criteria prescribed by the State Board pursuant to subsection [2] 1 for a pupil to receive a standard high school diploma must not include the results of the pupil on the college and career readiness assessment administered to the pupil in grade 11 pursuant to NRS 390.610.

      [4.] 3.  A pupil with a disability who does not satisfy the requirements to receive a standard high school diploma prescribed by the State Board pursuant to subsection 1 may receive a standard high school diploma if the pupil demonstrates, through a portfolio of the pupil’s work, proficiency in the standards of content and performance established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520.

      4.  A pupil with a disability who does not satisfy the requirements for receipt of a standard high school diploma prescribed in subsection 3 or by the State Board pursuant to subsection 1 may receive a diploma designated as an:

      (a) Adjusted diploma if the pupil satisfies the requirements set forth in his or her individualized education program; or

      (b) Alternative diploma if the pupil:

             (1) Has a significant cognitive disability; and

             (2) Passes an alternate assessment prescribed by the State Board.

      5.  If a pupil does not satisfy the requirements [prescribed by the State Board] to receive a standard high school diploma [,] prescribed by subsection 3 or by the State Board pursuant to subsection 1, the pupil must not be issued a certificate of attendance or any other document indicating that the pupil attended high school but did not satisfy the requirements for such a diploma. The provisions of this subsection do not apply to a pupil who receives an adjusted diploma or an alternative diploma pursuant to subsection [1.] 4.

 


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      6.  As used in this section:

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

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

      Sec. 6.5.  A pupil with a disability who is less than 22 years of age and has not been issued a standard high school diploma on or before July 1, 2017, but satisfies the criteria prescribed in subsection 3 of NRS 390.600, as amended by section 6 of this act, is entitled to a standard high school diploma.

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

________

CHAPTER 62, SB 57

Senate Bill No. 57–Committee on Government Affairs

 

CHAPTER 62

 

[Approved: May 22, 2017]

 

AN ACT relating to the Nevada Commission for the Reconstruction of the V & T Railway; removing certain boards of county commissions from the governing bodies of the Commission; revising the membership of the Commission; eliminating authority for the Commission to enter into agreements with the district attorney or treasurer of certain counties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Nevada Commission for the Reconstruction of the V & T Railway, provides that the governing bodies of the Commission are the Board of Supervisors of Carson City and the Boards of County Commissioners of Douglas, Lyon, Storey and Washoe Counties and authorizes each of those counties to appoint a representative to the Commission. (Sections 1-3 of the Nevada Commission for the Reconstruction of the V & T Railway Act of 1993) Section 1 of this bill removes the Board of County Commissioners of Douglas, Lyon and Washoe Counties from the governing bodies of the Commission. Section 2 of this bill makes conforming changes.

      Section 3 of this bill revises the composition of the Commission to: (1) remove the commissioners appointed by Douglas, Lyon and Washoe Counties, the Virginia and Truckee Historical Railroad Society, the Speaker of the Assembly and the Senate Majority Leader; (2) authorize the Carson City Convention and Visitors Bureau and the Virginia City Tourism Commission to each appoint a member to the Commission from among its members or a designee of the Bureau or Commission, as applicable; and (3) provide that the member appointed to the Commission by the Board of Supervisors of Carson City or the Board of County Commissioners of Storey County may be appointed from among its members or a designee of the respective Board. Section 4 of this bill makes conforming changes.

      Section 7 of this bill provides that the terms of the Commissioners who have been removed expire on October 1, 2017.

      Under existing law, each governing body of the Commission is required to provide funding for the Commission’s budget that is based on the benefit of the Commission or reconstruction of the V & T Railway to the jurisdiction of the governing body. Existing law also authorizes each governing body to issue bonds and impose certain taxes in order to fund its portion of the Commission’s budget.

 


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ê2017 Statutes of Nevada, Page 240 (Chapter 62, SB 57)ê

 

impose certain taxes in order to fund its portion of the Commission’s budget. (Section 9 of the Nevada Commission for the Reconstruction of the V & T Railway Act of 1993) Because section 1 of this bill removes the Board of County Commissioners of Douglas, Lyon and Washoe Counties from the governing bodies of the Commission, those counties will no longer have to fund any portion of the Commission’s budget. However, if any of those counties have issued bonds to fund its share of the Commission’s budget before October 1, 2017, section 8 of this bill provides that the provisions of this bill do not apply to impair any existing bond or bond obligations.

      Existing law authorizes the Commission to enter into an agreement with the District Attorney of Carson City, or Douglas, Lyon, Storey or Washoe County to provide legal services to the Commission. Existing law also authorizes the Commission to enter into an agreement with the Treasurer of any of those counties to create a fund and pay all claims that are approved by the Commission. (Section 8 of the V & T Railway Act of 1993) Section 5 of this bill eliminates the authority to enter into an agreement with the District Attorney or Treasurer of Douglas, Lyon and Washoe Counties. Section 6 makes a conforming change. Section 9 of this bill terminates on October 1, 2017, any agreement entered into by the Commission with a district attorney or the Treasurer of Douglas, Lyon or Washoe County.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Section 1 of the Nevada Commission for the Reconstruction of the V & T Railway Act of 1993, being chapter 566, Statutes of Nevada 1993, as amended by chapter 42, Statutes of Nevada 2001, at page 400, is hereby amended to read as follows:

       Section 1.  As used in this act, unless the context otherwise requires:

       1.  “Commission” means the Nevada Commission for the Reconstruction of the V & T Railway created pursuant to section 2 of this act.

       2.  “Commissioner” means a person [appointed to serve] who serves on the Commission pursuant to section 3 of this act.

       3.  “County” includes Carson City.

       4.  “Governing bodies” means the Board of Supervisors of Carson City and the [Boards] Board of County Commissioners of [Douglas, Lyon,] Storey [and Washoe counties.] County.

      Sec. 2. Section 2 of the Nevada Commission for the Reconstruction of the V & T Railway Act of 1993, being chapter 566, Statutes of Nevada 1993, as amended by chapter 42, Statutes of Nevada 2001, at page 400, is hereby amended to read as follows:

       Sec. 2.  1.  The Nevada Commission for the Reconstruction of the V & T Railway of Carson City and [Douglas, Lyon,] Storey [and Washoe counties] County is hereby created.

       2.  The property and revenues of the Commission, and any interest therein, are exempt from all state and local taxation.

       3.  The Commission is a body corporate and politic, the geographical jurisdiction of which is Carson City and [Douglas, Lyon,] Storey [and Washoe counties.] County.

       4.  The provisions of this act must be broadly construed to accomplish its purposes.

 


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      Sec. 3. Section 3 of the Nevada Commission for the Reconstruction of the V & T Railway Act of 1993, being chapter 566, Statutes of Nevada 1993, as amended by chapter 42, Statutes of Nevada 2001, at page 400, is hereby amended to read as follows:

       Sec. 3.  1.  The Commission must be composed of [nine] five Commissioners [appointed] as follows:

      (a) One member [who is a member of] appointed by the Board of Supervisors of Carson City [appointed by the Board of Supervisors of Carson City;] from among its members or who is a designee of the Board of Supervisors of Carson City;

       (b) [One member appointed by the Board of County Commissioners of Douglas County from among its members;

       (c) One member appointed by the Board of County Commissioners of Lyon County from among its members;

       (d)] One member appointed by the Board of County Commissioners of Storey County from among its members [;

       (e) One member appointed by the Board of County Commissioners of Washoe County from among its members;

       (f) One member appointed by the Virginia and Truckee Historical Railroad Society from among its members;

       (g) One member appointed by the Speaker of the Assembly;

       (h) One member appointed by the Senate Majority Leader; and

      (i)]or who is a designee of the Board of County Commissioners of Storey County;

      (c) One member appointed by the Board of the Carson City Convention and Visitors Bureau from among its members or who is a designee of the Board;

      (d) One member appointed by the Virginia City Tourism Commission from among its members or who is a designee of the Commission; and

       (e) One member appointed by the Governor.

       2.  [If the Virginia and Truckee Historical Railroad Society ceases to exist but is replaced by an entity which is organized for the same purposes, that entity is entitled to appoint the member pursuant to paragraph (f) of subsection 1. If the society ceases to exist and is not replaced, the number of commissioners is reduced to eight and no member may be appointed pursuant to paragraph (f) of subsection 1.

       3.  The terms of the two members serving on the Commission pursuant to paragraph (a) of subsection 1 on July 1, 2001, expire on that date.] As soon as practicable after [July 1, 2001,] October 1, 2017, the appointing authorities shall make any appointments required by subsection 1. All of the appointments must be for initial terms of 1, 2 or 3 years to ensure staggered terms. After the initial terms, the term of office of each appointed commissioner is 4 years. A member is eligible for reappointment.

       [4.]3.  The office of a member who is required as a qualification for appointment to be a member of the body appointing the member or an employee of a county becomes vacant on the date he or she ceases to be a member of that appointing body [.

       5.]or an employee of that county.

 


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ê2017 Statutes of Nevada, Page 242 (Chapter 62, SB 57)ê

 

       4.  Each appointed commissioner serves at the pleasure of his or her appointing authority, and all vacancies must be filled for the unexpired term in the same manner as the original appointment.

      Sec. 4. Section 4 of the Nevada Commission for the Reconstruction of the V & T Railway Act of 1993, being chapter 566, Statutes of Nevada 1993, as last amended by chapter 98, Statutes of Nevada 2013, at page 339, is hereby amended to read as follows:

       Sec. 4.  1.  [Each] The commissioner appointed pursuant to paragraph (b) [, (c), (d) or (e)] or (d) of subsection 1 of section 3 of this act shall file his or her oath of office with the county clerk of [the county from which the commissioner was appointed,] Storey County, and all other commissioners shall file their oaths of office with the Clerk of Carson City.

       2.  The commissioners must serve without compensation, but a commissioner may be reimbursed for expenses actually incurred for travel authorized by the Commission.

       3.  The Commission shall elect a Chair, Vice Chair, Secretary and Treasurer from among its members. The Secretary and the Treasurer may be one person. The terms of the officers expire on July 1 of each odd-numbered year.

       4.  The Secretary shall maintain audio recordings or transcripts of all meetings of the Commission and a record of all of the proceedings of the Commission, minutes of all meetings, certificates, contracts and other acts of the Commission. Except as otherwise provided in NRS 241.035, the records must be open to the inspection of all interested persons at a reasonable time and place. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.

       5.  The Treasurer shall keep an accurate account of all money received by and disbursed on behalf of the Commission. The Treasurer shall file with the Clerk of Carson City, at the expense of the Commission, a fidelity bond in an amount not less than $10,000, conditioned for the faithful performance of his or her duties.

      Sec. 5. Section 8 of the Nevada Commission for the Reconstruction of the V & T Railway Act of 1993, being chapter 566, Statutes of Nevada 1993, as last amended by chapter 99, Statutes of Nevada 2001, at page 586, is hereby amended to read as follows:

       Sec. 8.  1.  The Commission may enter into an agreement with the district attorney of Carson City or [Douglas, Lyon,] Storey [or Washoe] County, or [any combination thereof,] both, to provide legal services to the Commission. The Commission may authorize payment to the district attorney for the costs to the district attorney for providing those services.

       2.  The Commission shall enter into an agreement with the Treasurer of Carson City or [Douglas, Lyon,] Storey [or Washoe] County to create a fund for the Commission and pay all claims against the fund that are properly approved by the Commission. The Commission may authorize payment to the Treasurer for the costs to the Treasurer for providing those services.

       3.  All money received by the Commission must be deposited in the fund created pursuant to subsection 2. Except as otherwise provided in NRS 482.37945, the money in the fund must be used only for the necessary expenses of the Commission and the costs of the projects authorized by this act.

 


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used only for the necessary expenses of the Commission and the costs of the projects authorized by this act.

      Sec. 6. NRS 482.37945 is hereby amended to read as follows:

      482.37945  1.  Except as otherwise provided in this subsection, the Department, in cooperation with the Northern Nevada Railway Foundation or its successor, shall design, prepare and issue license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad using any colors that the Department deems appropriate. The design of the license plates must include a depiction of a locomotive of the Virginia & Truckee Railroad and the phrase “The Virginia & Truckee Lives.” The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

      2.  If the Department receives at least 250 applications for the issuance of license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad pursuant to subsections 3 and 4.

      3.  The fee for license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.

      5.  The Department shall transmit the fees collected pursuant to subsection 4 to the treasurer with whom the Nevada Commission for the Reconstruction of the V & T Railway of Carson City and [Douglas, Lyon,] Storey [and Washoe Counties] County has entered into an agreement as required by subsection 2 of section 8 of chapter 566, Statutes of Nevada 1993, for deposit in the fund created pursuant to that section. The fees transmitted pursuant to this subsection must be used only for the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad.

      6.  If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

 


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      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 7.  Notwithstanding any provision of law to the contrary, the terms of the members appointed to the Nevada Commission for the Reconstruction of the V & T Railway of Carson City and Douglas, Lyon, Storey and Washoe Counties pursuant to section 3 of the Nevada Commission for the Reconstruction of the V & T Railway Act of 1993, as that section existed on September 30, 2017, expire on October 1, 2017.

      Sec. 8.  The provisions of this act do not apply to the extent that the provisions would constitute an impairment of the rights of holders of the bonds or similar obligations issued by the State of Nevada or a political subdivision thereof. If there are any such outstanding bonds or obligations, the State of Nevada and its officers and agencies shall take whatever actions that are deemed necessary to protect the interests of the State and the rights of the holders of the bonds and similar obligations.

      Sec. 9.  1.  Any agreement entered into by the Nevada Commission for the Reconstruction of the V & T Railway of Carson City and Douglas, Lyon, Storey and Washoe Counties pursuant to subsection 1 of section 8 of chapter 566, Statutes of Nevada 1993, with the District Attorney of Douglas, Lyon or Washoe County to provide legal services to the Commission that is effective on September 30, 2017, is terminated on October 1, 2017.

      2.  Any agreement entered into by the Commission pursuant to subsection 2 of section 8 of chapter 566, Statutes of Nevada 1993, with the Treasurer of Douglas, Lyon or Washoe County to create a fund for the Commission and pay claims against the fund that is effective on September 30, 2017, is terminated on October 1, 2017.

________

CHAPTER 63, AB 191

Assembly Bill No. 191–Assemblymen Cohen; and Pickard

 

CHAPTER 63

 

[Approved: May 22, 2017]

 

AN ACT relating to parentage; revising requirements for consent by a person who intends to be a parent of a child born by assisted reproduction; revising the requirements for obtaining a court order designating the contents of the birth certificate of a child who is the result of a gestational carrier arrangement; prohibiting the adoption of certain children from this State except upon a district court order; eliminating certain residence requirements relating to petitioners for the adoption of a child; establishing certain requirements for the development and distribution of a declaration for the voluntary acknowledgment of parentage; and providing other matters properly relating thereto.

 


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Legislative Counsel’s Digest:

      Existing law requires the State Board of Health to develop and distribute to certain agencies a declaration for the voluntary acknowledgment of paternity. (NRS 440.283) Section 11 of this bill similarly requires: (1) the Board to develop a declaration for the voluntary acknowledgment of parentage and distribute the declarations to each hospital and obstetric center in Nevada; and (2) those hospitals and obstetric centers to give notice to persons who wish to acknowledge parentage of the rights, responsibilities and legal consequences of signing such a declaration. Sections 1, 2, 9, 10, 12 and 13 of this bill make conforming changes, adding references to the acknowledgment of parentage to existing provisions which contain references to acknowledgments of paternity.

      Existing law requires consent by a person who intends to be a parent of a child born by assisted reproduction to be in a signed record. (NRS 126.680) Section 3 of this bill requires such consent to be in a signed declaration for the voluntary acknowledgment of parentage.

      Section 4 of this bill revises the requirements for the intended parent or parents of a child who is the result of a gestational carrier arrangement to obtain an order designating the contents of the birth certificate of the child.

      Section 5 of this bill prohibits the adoption of certain children of whom Nevada is or was the home state except upon an order of a district court of this State.

      Existing law prohibits, except in the case of certain agency adoptions, the grant of a petition for adoption of a child unless the petitioners have resided in Nevada for a period of 6 months before the granting of the petition. (NRS 127.060) Sections 7 and 8 of this bill eliminate this prohibition.

 

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 126.053 is hereby amended to read as follows:

      126.053  1.  After the expiration of the period described in subsection 2, a declaration for the voluntary acknowledgment of paternity developed by the State Board of Health pursuant to NRS 440.283 or a declaration for the voluntary acknowledgment of parentage developed by the State Board of Health pursuant to section 11 of this act shall be deemed to have the same effect as a judgment or order of a court determining the existence of the relationship of parent and child if the declaration is signed in this or any other state by the [mother and father] parents of the child. A declaration for the voluntary acknowledgment of paternity or a declaration for the voluntary acknowledgment of parentage that is signed pursuant to this subsection is not required to be ratified by a court of this State before the declaration is deemed to have the same effect as a judgment or order of a court determining the existence of the relationship of parent and child.

      2.  A person who signs an acknowledgment of paternity or an acknowledgment of parentage in this State may rescind the acknowledgment:

      (a) Within 60 days after the acknowledgment is signed by both persons; or

      (b) Before the date on which an administrative or judicial proceeding relating to the child begins if that person is a party to the proceeding,

Ê whichever occurs earlier.

      3.  After the expiration of the period during which an acknowledgment may be rescinded pursuant to subsection 2, the acknowledgment may not be challenged except upon the grounds of fraud, duress or material mistake of fact.

 


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fact. The burden of proof is on the person challenging the acknowledgment to establish that the acknowledgment was signed because of fraud, duress or material mistake of fact.

      4.  Except upon a showing of good cause, a person’s obligation for the support of a child must not be suspended during a hearing to challenge a voluntary acknowledgment of paternity [.] or a voluntary acknowledgment of parentage.

      Sec. 2. NRS 126.161 is hereby amended to read as follows:

      126.161  1.  A judgment or order of a court, or a judgment or order entered pursuant to an expedited process, determining the existence or nonexistence of the relationship of parent and child is determinative for all purposes.

      2.  If such a judgment or order of this State is at variance with the child’s birth certificate, the judgment or order must direct that a new birth certificate be issued as provided in NRS 440.270 to 440.340, inclusive [.] , and section 11 of this act.

      3.  If the child is a minor, such a judgment or order of this State must provide for the child’s support as required by chapter 125B of NRS and must include an order directing the withholding or assignment of income for the payment of the support unless:

      (a) One of the parties demonstrates and good cause is found by the court, or pursuant to the expedited process, for the postponement of the withholding or assignment; or

      (b) All parties otherwise agree in writing.

      4.  Such a judgment or order of this State may:

      (a) Contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and guardianship of the child, visitation with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child.

      (b) Direct the father to pay the reasonable expenses of the mother’s pregnancy and confinement. The court may limit the father’s liability for past support of the child to the proportion of the expenses already incurred which the court deems just.

      5.  A court that enters such a judgment or order shall ensure that the social security numbers of the mother and father are:

      (a) Provided to the Division of Welfare and Supportive Services of the Department of Health and Human Services.

      (b) Placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.

      6.  As used in this section, “expedited process” means a voluntary acknowledgment of paternity [,] developed by the State Board of Health pursuant to NRS 440.283, a voluntary acknowledgment of parentage developed by the State Board of Health pursuant to section 11 of this act, judicial procedure or an administrative procedure established by this or another state, as that term is defined in NRS 130.10179, to facilitate the collection of an obligation for the support of a child.

      Sec. 3. NRS 126.680 is hereby amended to read as follows:

      126.680  1.  Consent by a person who intends to be a parent of a child born by assisted reproduction must be in a [signed record.] declaration for the voluntary acknowledgment of parentage, signed pursuant to NRS 126.053.

 


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      2.  Failure of a person to sign a [consent] declaration for the voluntary acknowledgment of parentage required by subsection 1, before or after the birth of the child, does not preclude a finding of parentage if the woman and the person, during the first 2 years of the child’s life, resided together in the same household with the child and openly held out the child as their own.

      Sec. 4. NRS 126.720 is hereby amended to read as follows:

      126.720  1.  If a gestational carrier arrangement satisfies the requirements of NRS 126.740 and 126.750:

      (a) The intended parent or parents shall be considered the parent or parents of the resulting child immediately upon the birth of the child;

      (b) The resulting child shall be considered the child of the intended parent or parents immediately upon the birth of the child;

      (c) Parental rights vest in the intended parent or parents immediately upon the birth of the resulting child;

      (d) Sole legal and physical custody of the resulting child vest with the intended parent or parents immediately upon the birth of the child; and

      (e) Neither the gestational carrier nor her legal spouse or domestic partner, if any, shall be considered the parent of the resulting child.

      2.  If a gestational carrier arrangement satisfies the requirements of NRS 126.740 and 126.750 and if, because of a laboratory error, the resulting child is not genetically related to the intended parent or either of the intended parents or any donor who donated to the intended parent or parents, the intended parent or parents shall be considered the parent or parents of the child, unless a determination to the contrary is made by a court of competent jurisdiction in an action which may only be brought by one or more genetic parents of the resulting child within 60 days after the birth of the child.

      3.  The parties to a gestational carrier arrangement shall assume the rights and obligations of subsections 1 and 2 if:

      (a) The gestational carrier satisfies the eligibility requirements set forth in subsection 1 of NRS 126.740;

      (b) The intended parent or parents satisfy the requirement set forth in subsection 2 of NRS 126.740; and

      (c) The gestational carrier arrangement occurs pursuant to a gestational agreement which meets the requirements set forth in NRS 126.750.

      4.  Before or after the birth of the resulting child, the intended parent or parents or the prospective gestational carrier or gestational carrier may commence a proceeding in any district court in this State to obtain an order designating the content of the birth certificate issued as provided in NRS 440.270 to 440.340, inclusive. If:

      (a) [The resulting child is to be born in this State;

      (b)] A copy of the gestational agreement is attached to the petition; [and

      (c)](b) The requirements of NRS 126.740 and 126.750 are satisfied [,] ; and

      (c) Any of the following applies:

             (1) The resulting child is anticipated to be born in this State;

             (2) The resulting child was born in this State;

             (3) The intended parent or parents reside in this State;

             (4) The intended parent or parents resided in this State when the gestational agreement was executed;

             (5) The gestational carrier resides in this State;

             (6) The gestational agreement was executed in this State; or

 


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             (7) The medical procedures for assisted reproduction that were performed pursuant to the gestational agreement and resulted in pregnancy were performed in this State,

Ê the court may issue an order validating the gestational agreement and declaring the intended parent or parents to be the parent or parents of the resulting child.

      Sec. 5. Chapter 127 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Unless the child involved is subject to the jurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act, a child of whom this State:

      (a) Is the home state on the date of the commencement of the proceeding; or

      (b) Was the home state within 6 months before the commencement of the proceeding,

Ê may not be adopted except upon an order of a district court in this State.

      2.  As used in this section, “home state” means:

      (a) The state in which a child lived for at least 6 consecutive months, including any temporary absence from the state, immediately before the commencement of a proceeding; or

      (b) In the case of a child less than 6 months of age, the state in which the child lived from birth, including any temporary absence from the state.

      Sec. 6. NRS 127.005 is hereby amended to read as follows:

      127.005  The provisions of NRS 127.010 to 127.1895, inclusive, and section 5 of this act govern the adoption of minor children, and the provisions of NRS 127.190, 127.200 and 127.210 and the provisions of NRS 127.010 to 127.1895, inclusive, where not inconsistent with the provisions of NRS 127.190, 127.200 and 127.210, govern the adoption of adults.

      Sec. 7. NRS 127.060 is hereby amended to read as follows:

      127.060  [1.  Except as otherwise provided in subsection 3, the petition for adoption shall not be granted unless the petitioners have resided in the State of Nevada for a period of 6 months prior to the granting of the petition.

      2.]  The same petitioners may, in one petition, petition for the adoption of two or more children, if the children be brothers or sisters or brother and sister.

      [3.  The provisions of subsection 1 do not apply if the petition for adoption is filed for the adoption of a child who is in the custody of an agency which provides child welfare services or a child-placing agency licensed by the Division pursuant to this chapter.]

      Sec. 8. NRS 127.110 is hereby amended to read as follows:

      127.110  1.  A petition for adoption of a child who currently resides in the home of the petitioners may be filed at any time after the child has lived in the home for 30 days.

      2.  The petition for adoption must state, in substance, the following:

      (a) The full name and age of the petitioners . [and, unless the petition is a petition for adoption described in subsection 3 of NRS 127.060, the period the petitioners have resided in the State of Nevada before the filing of the petition.]

      (b) The age of the child sought to be adopted and the period that the child has lived in the home of petitioners before the filing of the petition.

      (c) That it is the desire of the petitioners that the relationship of parent and child be established between them and the child.

 


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      (d) Their desire that the name of the child be changed, together with the new name desired.

      (e) That the petitioners are fit and proper persons to have the care and custody of the child.

      (f) That they are financially able to provide for the child.

      (g) That there has been a full compliance with the law in regard to consent to adoption.

      (h) That there has been a full compliance with NRS 127.220 to 127.310, inclusive.

      (i) Whether the child is known to be an Indian child.

      3.  No order of adoption may be entered unless there has been full compliance with the provisions of NRS 127.220 to 127.310, inclusive.

      Sec. 9. NRS 130.316 is hereby amended to read as follows:

      130.316  1.  The physical presence of a nonresident party who is a natural person in a tribunal of this State is not required for the establishment, enforcement or modification of a support order or the rendition of a judgment determining parentage of a child.

      2.  An affidavit, a document substantially complying with federally mandated forms or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule in NRS 51.065 if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this State.

      3.  A copy of the record of child-support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted therein and is admissible to show whether payments were made.

      4.  Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least 20 days before trial are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary and customary.

      5.  Documentary evidence transmitted from outside this State to a tribunal of this State by telephone, telecopier or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission.

      6.  In a proceeding under this chapter, a tribunal of this State shall permit a party or witness residing outside this State to be deposed or to testify under penalty of perjury by telephone, audiovisual means or other electronic means at a designated tribunal or other location. A tribunal of this State shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.

      7.  In a civil proceeding under this chapter, if a party called to testify refuses to answer a question on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.

      8.  A privilege against the disclosure of communications between husband and wife does not apply in a proceeding under this chapter.

      9.  The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this chapter.

      10.  A voluntary acknowledgment of paternity [,] developed by the State Board of Health pursuant to NRS 440.283 or a voluntary acknowledgment of parentage developed by the State Board of Health pursuant to section 11 of this act, certified as a true copy, is admissible to establish parentage of the child.

 


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      Sec. 10. NRS 130.401 is hereby amended to read as follows:

      130.401  1.  If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this State with personal jurisdiction over the parties may issue a support order if:

      (a) The natural person seeking the order resides outside this State; or

      (b) The support-enforcement agency seeking the order is located outside this State.

      2.  The tribunal may issue a temporary child-support order if the tribunal determines that such an order is appropriate and the natural person ordered to pay is:

      (a) A presumed father of the child under subsection 1 of NRS 126.051;

      (b) Petitioning to have his paternity adjudicated;

      (c) Identified as the father of the child through genetic testing;

      (d) An alleged father who has declined to submit to genetic testing;

      (e) Shown by clear and convincing evidence to be the father of the child;

      (f) An acknowledged father or acknowledged parent as provided by NRS 126.053;

      (g) The mother of the child; or

      (h) A natural person who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

      3.  Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to NRS 130.305.

      Sec. 11. Chapter 440 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Board shall:

      (a) Develop a declaration to be signed under penalty of perjury for the voluntary acknowledgment of parentage in this State; and

      (b) Distribute the declarations to each hospital or obstetric center in this State.

      2.  Before providing a declaration for the acknowledgment of parentage to the mother of a child or a person who wishes to acknowledge the parentage of a child, the agencies described in paragraph (b) of subsection 1 shall ensure that the mother and the person who wishes to acknowledge parentage are given notice, orally and in writing, of the rights, responsibilities and legal consequences of, and the alternatives to, signing the declaration for the acknowledgment of parentage.

      Sec. 12. NRS 440.280 is hereby amended to read as follows:

      440.280  1.  If a birth occurs in a hospital or the mother and child are immediately transported to a hospital, the person in charge of the hospital or his or her designated representative shall obtain the necessary information, prepare a birth certificate, secure the signatures required by the certificate and file it within 10 days with the health officer of the registration district where the birth occurred. The physician in attendance shall provide the medical information required by the certificate and certify to the fact of birth within 72 hours after the birth. If the physician does not certify to the fact of birth within the required 72 hours, the person in charge of the hospital or the designated representative shall complete and sign the certification.

      2.  If a birth occurs outside a hospital and the mother and child are not immediately transported to a hospital, the birth certificate must be prepared and filed by one of the following persons in the following order of priority:

 


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      (a) The physician in attendance at or immediately after the birth.

      (b) Any other person in attendance at or immediately after the birth.

      (c) The father, mother or, if the father is absent and the mother is incapacitated, the person in charge of the premises where the birth occurred.

      3.  If a birth occurs in a moving conveyance, the place of birth is the place where the child is removed from the conveyance.

      4.  In cities, the certificate of birth must be filed sooner than 10 days after the birth if so required by municipal ordinance or regulation.

      5.  If the mother was:

      (a) Married at the time of birth, the name of her husband must be entered on the certificate as the father of the child unless:

             (1) A court has issued an order establishing that a person other than the mother’s husband is the father of the child; or

             (2) The mother and a person other than the mother’s husband have signed a declaration for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283 [.] or a declaration for the voluntary acknowledgment of parentage developed by the Board pursuant to section 11 of this act.

      (b) Widowed at the time of birth but married at the time of conception, the name of her husband at the time of conception must be entered on the certificate as the father of the child unless:

             (1) A court has issued an order establishing that a person other than the mother’s husband at the time of conception is the father of the child; or

             (2) The mother and a person other than the mother’s husband at the time of conception have signed a declaration for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283 [.] or a declaration for the voluntary acknowledgment of parentage developed by the Board pursuant to section 11 of this act.

      6.  If the mother was unmarried at the time of birth, the name of the father may be entered on the original certificate of birth only if:

      (a) The provisions of paragraph (b) of subsection 5 are applicable;

      (b) A court has issued an order establishing that the person is the father of the child; or

      (c) The mother and father of the child have signed a declaration for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283 [.] or a declaration for the voluntary acknowledgment of parentage developed by the Board pursuant to section 11 of this act. If both the father and mother execute a declaration consenting to the use of the surname of the father as the surname of the child, the name of the father must be entered on the original certificate of birth and the surname of the father must be entered thereon as the surname of the child.

      7.  An order entered or a declaration executed pursuant to subsection 6 must be submitted to the local health officer, the local health officer’s authorized representative, or the attending physician or midwife before a proper certificate of birth is forwarded to the State Registrar. The order or declaration must then be delivered to the State Registrar for filing. The State Registrar’s file of orders and declarations must be sealed and the contents of the file may be examined only upon order of a court of competent jurisdiction or at the request of the father or mother or the Division of Welfare and Supportive Services of the Department of Health and Human Services as necessary to carry out the provisions of 42 U.S.C. § 654a. The local health officer shall complete the original certificate of birth in accordance with subsection 6 and other provisions of this chapter.

 


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local health officer shall complete the original certificate of birth in accordance with subsection 6 and other provisions of this chapter.

      8.  As used in this section, “court” has the meaning ascribed to it in NRS 125B.004.

      Sec. 13. NRS 440.287 is hereby amended to read as follows:

      440.287  1.  If a mother or a person who has signed a declaration for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283 or a declaration for the voluntary acknowledgment of parentage developed by the Board pursuant to section 11 of this act with the mother rescinds the acknowledgment pursuant to subsection 2 of NRS 126.053, the State Registrar shall not issue a new certificate of birth to remove the name of the person who originally acknowledged paternity or parentage, as applicable, unless a court issues an order establishing that the person who acknowledged paternity or parentage, as applicable, is not the father or parent, as applicable, of the child.

      2.  As used in this section, “court” has the meaning ascribed to it in NRS 125B.004.

      Sec. 14. NRS 440.325 is hereby amended to read as follows:

      440.325  1.  In the case of the paternity or parentage of a child being established by the:

      (a) Mother and father acknowledging paternity of a child by signing a declaration for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283; [or]

      (b) Mother and another person acknowledging parentage of the child by signing a declaration for the voluntary acknowledgment of parentage developed by the Board pursuant to section 11 of this act; or

      (c) Order of a district court,

Ê the State Registrar, upon the receipt of the declaration or court order, shall prepare a new certificate of birth in the name of the child as shown in the declaration or order with no reference to the fact of legitimation.

      2.  The new certificate must be identical with the certificate registered for the birth of a child born in wedlock.

      3.  Except as otherwise provided in subsection 4, the evidence upon which the new certificate was made and the original certificate must be sealed and filed and may be opened only upon the order of a court of competent jurisdiction.

      4.  The State Registrar shall, upon the request of the Division of Welfare and Supportive Services of the Department of Health and Human Services, open a file that has been sealed pursuant to subsection 3 to allow the Division to compare the information contained in the declaration or order upon which the new certificate was made with the information maintained pursuant to 42 U.S.C. § 654a.

      Sec. 15.  The amendatory provisions of:

      1.  Section 4 of this act apply to proceedings that are commenced on or after July 1, 2017.

      2.  Sections 5, 7 and 8 of this act apply to a petition for adoption of a child that is filed on or after July 1, 2017.

      Sec. 16.  This act becomes effective on July 1, 2017.

________

 


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ê2017 Statutes of Nevada, Page 253ê

 

CHAPTER 64, AB 102

Assembly Bill No. 102–Assemblymen Pickard and Cohen

 

CHAPTER 64

 

[Approved: May 22, 2017]

 

AN ACT relating to civil actions; revising certain provisions relating to the proper venue in civil actions; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a court to maintain continuing jurisdiction over certain matters relating to domestic relations, including, without limitation, divorce, child custody and child support matters. (NRS 125.150, 125A.315, 126.191, 130.202, 130.205-130.206) Continuing jurisdiction allows a court to modify its final order, judgment or decree to account for changed circumstances relating to the parties or instances of fraud or mistake. (NRS 125.150, 125A.315) Existing law also requires that a civil action must be removed from a court of this State if venue is not proper and the defendant, before the time for filing an answer to the complaint has expired, demands in writing that the trial be carried out in a court where venue is proper. (NRS 13.050) Existing law does not, however, authorize a change of venue after a trial is complete. (NRS 13.050)

      This bill authorizes a court to remove a civil proceeding, including, without limitation, matters relating to domestic relations, to a court in another county after: (1) a final order, judgment or decree has been entered in a proceeding in which the court has continuing jurisdiction; (2) a party to the final order, judgment or decree has filed a subsequent petition or motion relating to the proceeding; (3) none of the parties currently reside in the county where the final order, judgment or decree was entered; and (4) the respondent files a timely demand for the petition or motion to be heard in a county where either party to the proceeding resides or where the child which is the subject of the proceeding resides. Finally, this bill authorizes a court to approve such a demand and remove the proceeding to another court within this State where venue is proper and which is agreed upon by the parties or ordered by the court.

 

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 13.050 is hereby amended to read as follows:

      13.050  1.  If the county designated for that purpose in the complaint [be] , petition or motion is not the proper county, the [action] proceeding may, notwithstanding, be tried or heard therein, unless :

      (a) After the filing of a complaint or petition, the defendant [before the time for answering expires demand] demands in writing , before the time for answering expires, that the trial be had in the proper county, and the place of trial be thereupon changed by consent of the parties, or by order of the court, as provided in this section.

      (b) In a proceeding in which the court has continuing jurisdiction after the issuance of a final order, judgment or decree, including, without limitation, any proceeding for divorce, annulment, separate maintenance or parentage or custody of a child and where no party currently resides in the county in which the order, judgment or decree was entered, the respondent demands in writing, before the time for filing a response expires, that the petition or motion be heard in the county of residence of either party to the proceeding or in the county where the child who is the subject of the proceeding resides, or by order of the court, as provided in this section.

 


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ê2017 Statutes of Nevada, Page 254 (Chapter 64, AB 102)ê

 

expires, that the petition or motion be heard in the county of residence of either party to the proceeding or in the county where the child who is the subject of the proceeding resides, or by order of the court, as provided in this section.

      2.  The court may, on motion [,] or stipulation, change the place of [trial] the proceeding in the following cases:

      (a) When the county designated in the complaint , petition or motion is not the proper county.

      (b) When there is reason to believe that an impartial [trial] proceeding cannot be had therein.

      (c) When the convenience of the witnesses and the ends of justice would be promoted by the change.

      (d) When any defendant in a case commenced in a county without a business court requests a change to a county:

             (1) With a business court; and

             (2) In which the case, if originally commenced in such county, would be eligible for assignment to the business court.

      (e) When each of the parties consent to the change.

      3.  When the place of [trial] the proceeding is changed, all other [proceedings] matters relating to the proceeding shall be had in the county to which the place of [trial] the proceeding is changed, unless otherwise provided by the consent of the parties in writing duly filed, or by order of the court, and the papers shall be filed or transferred accordingly.

      4.  As used in this section, “business court” means, as designated pursuant to the rules of the applicable district court:

      (a) A business court docket;

      (b) A business matter designation; or

      (c) At least one business court judge.

________

CHAPTER 65, AB 297

Assembly Bill No. 297–Assemblymen Jauregui; and Ohrenschall

 

CHAPTER 65

 

[Approved: May 22, 2017]

 

AN ACT relating to local government; requiring, with certain exceptions, each governing body of a county, city or town to designate at least one sheriff’s office or police station, as applicable, as a site for the completion of the sale of personal property initiated on the Internet; providing immunity from liability to counties, cities, towns, sheriffs, police departments and officers and employees thereof for certain incidents that occur at such sites; and providing other matters properly relating thereto.

 

 


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ê2017 Statutes of Nevada, Page 255 (Chapter 65, AB 297)ê

 

Legislative Counsel’s Digest:

      This bill requires the designation of certain sheriff’s offices and police stations, or part thereof, as sites at which two or more persons may meet to complete the sale of personal property that was initiated on the Internet.

      Section 1 of this bill requires each board of county commissioners to designate at least one sheriff’s office, or part thereof, as such a site.

      Section 2 of this bill requires the governing body of an incorporated city to designate at least one police station, or part thereof, as such a site. If: (1) an incorporated city is within the jurisdiction of a metropolitan police department; or (2) police protection for the city is provided by the sheriff of the county, section 2 requires instead the board of county commissioners to designate at least one sheriff’s office, or part thereof, located in or in close proximity to the city as such a site.

      Section 3 of this bill requires each town board or the board of county commissioners of the county where the town is located to designate at least one police station, or part thereof, as such a site. If: (1) the town is within the jurisdiction of a metropolitan police department; or (2) police protection for the town is provided by the sheriff of the county, section 3 requires instead the board of county commissioners to designate at least one sheriff’s office, or part thereof, located in or in close proximity to the town as such a site.

      Sections 1-3 also provide that no action may be brought against a county, incorporated city, town, sheriff, police department or officer or employee thereof based on an incident that occurs when two or more persons meet at such a location.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each board of county commissioners shall designate at least one sheriff’s office, or part thereof, as a site at which two or more persons may meet to complete the sale of an item of personal property that was initiated on the Internet.

      2.  No action may be brought against the county, sheriff or an officer or employee thereof based on an incident that occurs when two or more persons meet at a location designated pursuant to subsection 1.

      Sec. 2. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, the governing body of an incorporated city shall designate at least one police station, or part thereof, as a site at which two or more persons may meet to complete the sale of an item of personal property that was initiated on the Internet.

      2.  If the incorporated city is within the jurisdiction of a metropolitan police department formed pursuant to chapter 280 of NRS or if police protection for the incorporated city is provided by the sheriff of the county, the board of county commissioners shall designate at least one sheriff’s office, or part thereof, located in or in close proximity to the incorporated city as a site at which two or more persons may meet to complete the sale of an item of personal property that was initiated on the Internet.

      3.  No action may be brought against the county, sheriff, incorporated city, police department or an officer or employee thereof based on an incident that occurs when two or more persons meet at a location designated pursuant to subsection 1 or 2.

 


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ê2017 Statutes of Nevada, Page 256 (Chapter 65, AB 297)ê

 

      Sec. 3. Chapter 269 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, each town board or the board of county commissioners shall designate at least one police station, or part thereof, as a site at which two or more persons may meet to complete the sale of an item of personal property that was initiated on the Internet.

      2.  If the town is within the jurisdiction of a metropolitan police department formed pursuant to chapter 280 of NRS or if police protection for the town is provided by the sheriff of the county, the board of county commissioners shall designate at least one sheriff’s office, or part thereof, located in or in close proximity to the town as a site at which two or more persons may meet to complete the sale of an item of personal property that was initiated on the Internet.

      3.  No action may be brought against the county, sheriff, town, police department or an officer or employee thereof based on an incident that occurs when two or more persons meet at a location designated pursuant to subsection 1 or 2.

      Sec. 4.  (Deleted by amendment.)

________

CHAPTER 66, AB 14

Assembly Bill No. 14–Committee on Judiciary

 

CHAPTER 66

 

[Approved: May 22, 2017]

 

AN ACT relating to information concerning persons; requiring a petition for a change of name of a person who has a criminal record to be accompanied by a complete set of fingerprints; requiring a complete set of fingerprints to accompany certain court orders relating to a change of name of a person who has a criminal record; requiring a peace officer to obtain and forward to the Central Repository for Nevada Records of Criminal History a complete set of fingerprints of a person who is detained and cited for domestic violence; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law sets forth the requirements for a petition by which a natural person may request a change of name. (NRS 41.270) Section 1 of this bill requires such a petition to be accompanied by a complete set of the person’s fingerprints if the person has a criminal record.

      Existing law requires a court which grants a change of name to a person who has a criminal record or which rescinds its order granting a change of name of a person who falsely denied having been convicted of a felony to transmit a copy of the applicable order to the Central Repository for Nevada Records of Criminal History for inclusion in that person’s record of criminal history. (NRS 41.290) Section 1.5 of this bill requires the applicable order to be accompanied by a complete set of the person’s fingerprints.

 

 


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ê2017 Statutes of Nevada, Page 257 (Chapter 66, AB 14)ê

 

      Existing law requires a peace officer who detains and cites a person for a violation of an ordinance or state law that is punishable as a misdemeanor and constitutes domestic violence to obtain not less than one fingerprint from the person and forward any fingerprint taken to the Central Repository for Nevada Records of Criminal History. (NRS 171.1229) Section 2 of this bill requires that a complete set of the person’s fingerprints be sent to the Central Repository.

 

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 41.270 is hereby amended to read as follows:

      41.270  Any natural person desiring to have his or her name changed may file a verified petition with the clerk of the district court of the district in which the person resides. The petition [shall] must be addressed to the court and [shall] must state the applicant’s present name, the name which the applicant desires to bear in the future, the reason for desiring the change and whether the applicant has been convicted of a felony. If the applicant has a criminal record, the petition must be accompanied by a complete set of the applicant’s fingerprints taken in the manner prescribed by the Director of the Department of Public Safety.

      Sec. 1.5. NRS 41.290 is hereby amended to read as follows:

      41.290  1.  If, within 10 days after the last publication of the notice, no written objection is filed with the clerk, upon proof of the filing of the petition and publication of notice as required in NRS 41.280, and upon being satisfied by the statements in the petition, or by other evidence, that good reason exists therefor, the court shall make an order changing the name of the applicant as prayed for in the petition. If, within the period an objection is filed, the court shall appoint a day for hearing the proofs, respectively, of the applicant and the objection, upon reasonable notice. Upon that day, the court shall hear the proofs, and grant or refuse the prayer of the petitioner, according to whether the proofs show satisfactory reasons for making the change. Before issuing its order, the court shall specifically take into consideration the applicant’s criminal record, if any, which is stated in the petition.

      2.  Upon the making of an order either granting or denying the prayer of the applicant, the order must be recorded as a judgment of the court. If the petition is granted, the name of the applicant must thereupon be as stated in the order and the clerk shall transmit a certified copy of the order to the State Registrar of Vital Statistics.

      3.  If an order grants a change of name to a person who has a criminal record, the clerk shall transmit a certified copy of the order to the Central Repository for Nevada Records of Criminal History for inclusion in that person’s record of criminal history. The order must be accompanied by a complete set of the person’s fingerprints taken in the manner prescribed by the Director of the Department of Public Safety.

      4.  Upon receiving uncontrovertible proof that an applicant in the petition falsely denied having been convicted of a felony, the court shall rescind its order granting the change of name and the clerk shall transmit a certified copy of the order rescinding the previous order to:

      (a) The State Registrar of Vital Statistics for inclusion in the State Registrar’s records.

 


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ê2017 Statutes of Nevada, Page 258 (Chapter 66, AB 14)ê

 

      (b) The Central Repository for Nevada Records of Criminal History , accompanied by a complete set of the applicant’s fingerprints taken in the manner prescribed by the Director of the Department of Public Safety, for inclusion in the applicant’s record of criminal history.

      Sec. 2. NRS 171.1229 is hereby amended to read as follows:

      171.1229  If a peace officer:

      1.  Detains a person for violating a county, city or town ordinance or state law that:

      (a) Is punishable as a misdemeanor; and

      (b) Constitutes domestic violence pursuant to NRS 33.018; and

      2.  Issues the person a citation in lieu of taking the person before a magistrate,

Ê the peace officer shall , in the manner prescribed by the Director of the Department of Public Safety, obtain [not less than one fingerprint] a complete set of fingerprints of the person and [shall] forward [any fingerprint taken] those fingerprints and the report that the peace officer is required to prepare pursuant to NRS 171.1227 to the Central Repository for Nevada Records of Criminal History.

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

________

CHAPTER 67, AB 20

Assembly Bill No. 20–Committee on Health and Human Services

 

CHAPTER 67

 

[Approved: May 22, 2017]

 

AN ACT relating to persons with disabilities; revising provisions concerning the duties and employees of the Bureau of Services to Persons Who Are Blind or Visually Impaired and the Bureau of Vocational Rehabilitation of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation; prohibiting, under certain circumstances, the solicitation, disclosure, receipt or use of information concerning persons receiving services from the Division; authorizing the Division to adopt, amend and repeal certain policies; authorizing the denial of services to persons who are blind under certain circumstances; removing the designation of the Division as the designated state unit for the purpose of certain federal regulations governing vocational rehabilitation; prescribing the purposes for which certain money may be used; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes programs under which: (1) the Bureau of Services to Persons Who Are Blind or Visually Impaired of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation provides services to assist persons who are blind in obtaining employment; and (2) the Bureau of Vocational Rehabilitation of the Division provides similar services to individuals with disabilities. (NRS 426.518-426.610, chapter 615 of NRS) Sections 2 and 24 of this bill revise the purposes of those programs.

 


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ê2017 Statutes of Nevada, Page 259 (Chapter 67, AB 20)ê

 

      Existing federal law defines the term “competitive integrated employment” to mean full-time or part-time work, including self-employment: (1) for which a person receives certain minimum compensation; (2) that allows the employee to interact with persons who are not disabled; and (3) that provides opportunities for advancement similar to those provided to employees who are not disabled. (29 U.S.C. § 705) Sections 3 and 21 of this bill define that term to have the same meaning in state law. Sections 5, 29 and 41 of this bill define the term “vocational rehabilitation services” to mean any goods and services necessary to prepare a person who is blind or an individual with a disability, as appropriate, to engage in competitive integrated employment or to determine the rehabilitation potential of such a person. Sections 8 and 26-28 of this bill amend the definitions of certain related terms. Sections 9 and 33-35 of this bill revise which entities perform certain duties relating to vocational rehabilitation services.

      Federal regulations require the state unit responsible for administering vocational rehabilitation services to develop and maintain written policies covering the nature and scope of each such service and the criteria under which each service is provided. (34 C.F.R. § 361.50) Sections 6 and 22 of this bill authorize the Division to adopt, amend and repeal such policies at a public meeting. Section 17 of this bill provides that the adoption, amendment and repeal of such policies is not subject to the standard rulemaking process.

      Section 10 of this bill requires the Bureau of Services to Persons Who Are Blind or Visually Impaired to provide vocational rehabilitation services to any person who is blind, including any such person who is eligible to receive such services under an agreement with the Federal Government, another state, certain territories or an Indian tribe. Sections 30-32 of this bill make similar revisions concerning the duties of the Bureau of Vocational Rehabilitation.

      Existing law requires the Division to direct the Bureau of Services to Persons Who Are Blind or Visually Impaired to adopt administrative regulations to enforce provisions of law concerning the provision of services for persons who are blind. (NRS 426.560) Section 11 of this bill makes slight revisions concerning those regulations.

      Sections 12 and 23 of this bill require the Bureau of Services to Persons Who Are Blind or Visually Impaired and the Bureau of Vocational Rehabilitation to employ persons skilled in the vocational rehabilitation of persons who are blind or individuals with disabilities, as appropriate, to allow such persons or individuals to engage in competitive integrated employment.

      Sections 13 and 40 of this bill: (1) expressly provide that the unauthorized receipt, use or disclosure of information concerning persons who apply for or receive services for persons who are blind or individuals with disabilities is a misdemeanor; and (2) revise the circumstances under which the receipt, use or disclosure of such information is authorized.

      Section 14 of this bill allows the denial of services for persons who are blind to persons who are ineligible to receive those services under federal law or for which the person is required by federal regulations to use comparable services and benefits paid for by another public or private entity. Sections 15 and 39 of this bill make nonsubstantive revisions concerning appeals of actions, determinations or omissions made by the Bureau of Services to Persons Who Are Blind or Visually Impaired and the Bureau of Vocational Rehabilitation. Section 16 of this bill removes the designation of the Division as the state unit for carrying out certain programs for independent living prescribed in federal law.

      Sections 19, 32, 36, 37, 42 and 43 of this bill remove the authority of the Bureau of Vocational Rehabilitation to: (1) establish or construct rehabilitation facilities and workshops; and (2) provide for the establishment, supervision, management and control of small business enterprises to be operated by persons with severe disabilities. Section 38 of this bill expands the purposes for which money in the Rehabilitation Gift Account in the Department of Employment, Training and Rehabilitation’s Gift Fund may be used.

 


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ê2017 Statutes of Nevada, Page 260 (Chapter 67, AB 20)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 426 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2. The purposes of NRS 426.518 to 426.610, inclusive, and sections 2 to 6, inclusive, of this act are to:

      1.  Provide vocational rehabilitation services to persons who are blind so that they may prepare for and engage in competitive integrated employment;

      2.  Promote vocational rehabilitation services and related activities which will assist persons who are blind to reach their fullest potential; and

      3.  Encourage and develop facilities and other resources needed by persons who are blind to engage in competitive integrated employment.

      Sec. 3. “Competitive integrated employment” has the meaning ascribed to it in 29 U.S.C. § 705.

      Sec. 4. “Substantial impediment to employment” means that a loss or impairment of eyesight, in light of attendant medical, psychological, vocational, cultural, social or environmental factors, hampers a person’s occupational performance by preventing the person from obtaining, retaining or preparing for competitive integrated employment consistent with the capabilities and abilities of the person.

      Sec. 5. “Vocational rehabilitation services” means any goods and services necessary to prepare a person who is blind to engage in competitive integrated employment or to determine the rehabilitation potential of the person.

      Sec. 6. 1.  To the extent required by 34 C.F.R. § 361.50, the Division may adopt, amend and repeal policies concerning the nature and scope of vocational rehabilitation services provided to persons who are blind.

      2.  Any adoption, amendment or repeal of a policy pursuant to subsection 1 must occur at a public meeting held in compliance with the provisions set forth in chapter 241 of NRS concerning open meetings.

      Sec. 7. NRS 426.518 is hereby amended to read as follows:

      426.518  As used in NRS 426.518 to 426.610, inclusive, and sections 2 to 6, inclusive, of this act, the words and terms defined in NRS 426.519 and 426.520 and sections 3, 4, and 5 of this act have the meanings ascribed to them in those sections.

      Sec. 8. NRS 426.520 is hereby amended to read as follows:

      426.520  “Person who is blind” means a person who:

      1.  Is described in NRS 426.082 [and any person who by reason of] ; and

      2.  Has a loss or impairment of eyesight [is unable to provide himself or herself with the necessities of life, and who has not sufficient income of his or her own to maintain himself or herself.] which constitutes a substantial impediment to employment for which vocational rehabilitation services:

      (a) May reasonably be expected to prepare the person to engage in competitive integrated employment which is consistent with the abilities of the person; or

      (b) Are necessary to determine the rehabilitation potential of the person.

 


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ê2017 Statutes of Nevada, Page 261 (Chapter 67, AB 20)ê

 

      Sec. 9. NRS 426.531 is hereby amended to read as follows:

      426.531  The Department , through the Director, shall administer the provisions of NRS 426.518 to 426.610, inclusive, and sections 2 to 6, inclusive, of this act as the sole agency in the State for such purpose.

      Sec. 10. NRS 426.550 is hereby amended to read as follows:

      426.550  1.  The Bureau must be headed by the Administrator.

      2.  The Bureau shall:

      (a) Assist persons who are blind in achieving physical and psychological orientation [,] and inform persons who are blind of available services [, stimulate and] to assist persons who are blind in achieving [social and economic independence, and do all things which will ameliorate the condition of persons who are blind.] their vocational goals.

      (b) Provide intensive programs of [case finding,] education, training, job [findings and placement,] development, physical restoration [,] and such other services and equipment as may [assist in rendering] prepare persons who are blind [more self-supporting and socially independent.] to engage in competitive integrated employment.

      (c) Provide vocational rehabilitation services directly or through other governmental entities or persons to any person who is blind, including any person who is blind who is eligible under the terms of an agreement or arrangement with the Federal Government, another state or an Indian tribe.

      3.  The Bureau may:

      (a) Provide for treatment or operations to prevent blindness or restore vision to [applicants for or] recipients of services to persons who are blind who request and are eligible for such services under federal law and make written application for such treatment or [operation;] operations; and

      (b) Pay for [all] necessary expenses incurred in connection with the diagnosis and treatment provided under paragraph (a). [Necessary expenses must include the costs of guide service, maintenance while the patient is away from his or her home, transportation to the eye physician or hospital and return to his or her home, and the cost of nursing home care when such care is necessary.]

      4.  As used in this section, “state” includes, without limitation, the District of Columbia, Puerto Rico, the United States Virgin Islands and Guam.

      Sec. 11. NRS 426.560 is hereby amended to read as follows:

      426.560  1.  Subject to the approval of the Department, the Division shall direct the Bureau to [make] adopt administrative regulations to enforce the provisions of this chapter related to services for persons who are blind, which regulations must not conflict with the provisions of this chapter.

      2.  The regulations must recognize that the vocational needs and problems of persons who are blind are [special] unique to them and may differ materially from the vocational needs and problems of other persons.

      Sec. 12. NRS 426.570 is hereby amended to read as follows:

      426.570  1.  All employees of the Bureau are directly responsible to the Administrator.

      2.  Such employees must consist of persons skilled in [assisting] the vocational rehabilitation of persons who are blind to [achieve social and economic independence.] allow such persons to engage in competitive integrated employment.

 


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ê2017 Statutes of Nevada, Page 262 (Chapter 67, AB 20)ê

 

      Sec. 13. NRS 426.573 is hereby amended to read as follows:

      426.573  1.  Except as otherwise provided in subsection 2, a person shall not solicit, disclose, receive or make use of, or authorize, knowingly permit, participate in or acquiesce in the use of any list of, or names of, or any information concerning persons who are blind applying for or receiving any services directly or indirectly derived from the records, papers, files or communications of the Bureau, or acquired in the course of the performance of its official duties.

      2.  Information with respect to any individual applying for or receiving services for persons who are blind [shall not] may be received, used or disclosed by the Bureau or any of its employees to any person, association or body [unless] :

      (a) If such receipt, use or disclosure is related directly to carrying out the provisions of NRS 426.518 to 426.610, inclusive, and sections 2 to 6, inclusive, of this act;

      (b) As required by statute, regulation or court order;

      (c) To protect an applicant, recipient or other person if the applicant or recipient poses a threat to his or her own safety or the safety of others; or [upon]

      (d) Upon written permission of the applicant or recipient.

      3.  A person who violates the provisions of this section is guilty of a misdemeanor.

      Sec. 14. NRS 426.600 is hereby amended to read as follows:

      426.600  [No]

      1.  Unless comparable services and benefits must be used pursuant to 34 C.F.R. § 361.53, no person who is blind who may benefit from services authorized under NRS 426.518 to 426.610, inclusive, and sections 2 to 6, inclusive, of this act and is eligible to receive such services under federal law may be denied such services except the services for which a determination of economic need is required [pursuant to the State Plan for Services to Persons Who Are Blind.] by the policies adopted pursuant to section 6 of this act.

      2.  As used in this section, “comparable services and benefits” has the meaning ascribed to it in 34 C.F.R. § 361.5.

      Sec. 15. NRS 426.610 is hereby amended to read as follows:

      426.610  1.  [An applicant for or recipient of] A person who is blind applying for or receiving services [for persons who are blind] from the Bureau who is aggrieved by an act, determination or omission of the Bureau is entitled, in accordance with regulations, to a fair hearing before a hearing officer.

      2.  A person who is blind who is aggrieved by the decision of a hearing officer is entitled to judicial review of the decision in the manner provided by chapter 233B of NRS.

      Sec. 16. NRS 232.945 is hereby amended to read as follows:

      232.945  [1.]  The Director shall appoint an Administrator of the Rehabilitation Division of the Department. The Administrator:

      [(a)]1.  Is in the unclassified service of the State unless federal law or regulation requires otherwise, and serves at the pleasure of the Director.

      [(b)]2.  Shall administer the provisions of law set forth in [paragraph (d),] subsection 4, subject to the administrative supervision of the Director.

 


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      [(c)]3.  Except as otherwise provided in NRS 284.143, shall devote his or her entire time and attention to the business of his or her office and shall not pursue any other business or occupation or hold any other office of profit.

      [(d)]4.  Is responsible for the administration, through the bureaus of the Rehabilitation Division, of the provisions of this section, NRS 232.940, 426.518 to 426.610, inclusive, and sections 2 to 6, inclusive, of this act and chapter 615 of NRS, and all other provisions of law relating to the functions of the Rehabilitation Division.

      [(e)]5.  Is responsible for the preparation of a consolidated state plan for the Bureau of Services to Persons Who Are Blind or Visually Impaired, the Bureau of Vocational Rehabilitation and any other program administered by the Rehabilitation Division that the Administrator considers appropriate to incorporate into the consolidated state plan before submission to the Federal Government. This subsection does not apply if any federal regulation exists that prohibits a consolidated plan.

      [(f)]6.  In developing and revising state plans pursuant to [paragraph (e),] subsection 5, shall consider, without limitation:

             [(1)](a) The amount of money available from the Federal Government for the programs of the Rehabilitation Division;

             [(2)](b) The conditions attached to the acceptance of that money; and

             [(3)](c) The limitations of legislative appropriations for the programs.

      [(g)]7.  May make such expenditures and investigations, require such reports and take such other actions as the Administrator deems necessary or suitable to carry out the functions of the Rehabilitation Division.

      [(h)]8.  May employ, within the limits of legislative appropriations, such staff as is necessary to the performance of the duties of the Rehabilitation Division.

      [(i)]9.  Shall determine the organization and methods of procedure for the Rehabilitation Division in accordance with the provisions of this section, NRS 232.940, 426.518 to 426.610, inclusive, and sections 2 to 6, inclusive, of this act and chapter 615 of NRS, and all other provisions of law relating to the functions of the Rehabilitation Division.

      [(j)]10.  May adopt, amend or rescind such rules and regulations as the Administrator deems necessary or suitable to carry out the provisions of this section, NRS 232.940, 426.518 to 426.610, inclusive, and sections 2 to 6, inclusive, of this act and chapter 615 of NRS, and all other provisions of law relating to the functions of the Rehabilitation Division.

      [2.  The Rehabilitation Division shall serve as the designated state unit with respect to state programs for independent living established pursuant to 29 U.S.C. §§ 796 et seq. As used in this subsection, “designated state unit” has the meaning ascribed to it in 34 C.F.R. § 364.4.]

      Sec. 17. NRS 233B.039 is hereby amended to read as follows:

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

      (a) The Governor.

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

      (c) The Nevada System of Higher Education.

      (d) The Office of the Military.

 


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      (e) The Nevada Gaming Control Board.

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

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

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

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

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

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

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

      (m) The Board to Review Claims in adopting resolutions to carry out its duties pursuant to NRS 445C.310.

      (n) The Silver State Health Insurance Exchange.

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

      3.  The special provisions of:

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

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

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

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

Ê prevail over the general provisions of this chapter.

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

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

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

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

      (c) A regulation adopted by the State Board of Education pursuant to NRS 388.255 or 394.1694; [or]

 


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      (d) The judicial review of decisions of the Public Utilities Commission of Nevada [.] ; or

      (e) The adoption, amendment or repeal of policies by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation pursuant to section 6 or 22 of this act.

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

      Sec. 18. NRS 483.800 is hereby amended to read as follows:

      483.800  1.  The following sources shall submit, within 30 days after learning such information, to the Department the name, address, birth date, social security number, visual acuity and any other information which may be required by regulation of the Department, of persons who are blind or night-blind or whose vision is severely impaired and shall designate whether the person is blind, night-blind or has severely impaired vision:

      (a) Hospitals, medical clinics and similar institutions which treat persons who are blind, night-blind or whose vision is severely impaired; and

      (b) Agencies of the State and political subdivisions which provide special tax consideration for blindness.

      2.  When any source described in subsection 1 learns that vision has been restored to any person whose name appears in the registry established pursuant to subsection 3, the fact of restoration of vision must be reported to the registry within 30 days after learning of that fact.

      3.  The Department may establish a registry for the purposes of this section and adopt regulations governing reports to and operation of the registry.

      4.  The Department shall maintain a file of the names, addresses, birth dates and social security numbers of persons who are blind or night-blind or whose vision is severely impaired.

      5.  Except as otherwise provided in NRS 239.0115, all information learned by the Department pursuant to this section is confidential and any person who, without the consent of the person concerned, reveals that information for purposes other than those specified in this section, or other than for administration of the Program for Supplemental Security Income, including State Supplementary Assistance pursuant to chapter 422 or 422A of NRS, or services to persons who are blind pursuant to NRS 426.518 to 426.610, inclusive, and sections 2 to 6, inclusive, of this act, is guilty of a misdemeanor.

      Sec. 19. NRS 608.255 is hereby amended to read as follows:

      608.255  For the purposes of this chapter and any other statutory or constitutional provision governing the minimum wage paid to an employee, the following relationships do not constitute employment relationships and are therefore not subject to those provisions:

      1.  [The relationship between a rehabilitation facility or workshop established by the Department of Employment, Training and Rehabilitation pursuant to chapter 615 of NRS and an individual with a disability who is participating in a training or rehabilitative program of such a facility or workshop.

      2.]  The relationship between a provider of jobs and day training services which is recognized as exempt pursuant to the provisions of 26 U.S.C. § 501(c)(3) and which has been issued a certificate by the Division of Public and Behavioral Health of the Department of Health and Human Services pursuant to NRS 435.130 to 435.310, inclusive, and a person with an intellectual disability or a person with a related condition participating in a jobs and day training services program.

 


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Services pursuant to NRS 435.130 to 435.310, inclusive, and a person with an intellectual disability or a person with a related condition participating in a jobs and day training services program.

      [3.]2.  The relationship between a principal and an independent contractor.

      Sec. 20. Chapter 615 of NRS is hereby amended by adding thereto the provisions set forth as sections 21, 22 and 23, of this act.

      Sec. 21. “Competitive integrated employment” has the meaning ascribed to it in 29 U.S.C. § 705.

      Sec. 22. 1.  To the extent required by 34 C.F.R. § 361.50, the Division may adopt, amend and repeal policies concerning the nature and scope of vocational rehabilitation services provided to individuals with disabilities.

      2.  Any adoption, amendment or repeal of a policy pursuant to subsection 1 must occur at a public meeting held in compliance with the provisions set forth in chapter 241 of NRS concerning open meetings.

      Sec. 23. 1.  All employees of the Bureau are directly responsible to the Administrator.

      2.  Such employees must consist of persons skilled in the vocational rehabilitation of individuals with disabilities to allow such individuals to engage in competitive integrated employment.

      Sec. 24. NRS 615.010 is hereby amended to read as follows:

      615.010  1.  The purposes of this chapter are to:

      (a) [Rehabilitate] Provide vocational rehabilitation services to individuals with disabilities so that they may prepare for and engage in [gainful occupations;] competitive integrated employment;

      (b) [Provide individuals with physical and mental disabilities with a program of services which will result in greater opportunities for them to enter more fully into the life of the community;

      (c)] Promote vocational rehabilitation services and related activities which will assist individuals with disabilities to reach their fullest potential; and

      [(d)](c) Encourage and develop facilities and other resources needed by individuals with disabilities [.] to engage in competitive integrated employment.

      2.  The provisions of this chapter shall be liberally construed to effect its stated purposes.

      Sec. 25. NRS 615.020 is hereby amended to read as follows:

      615.020  As used in this chapter the words and terms defined in NRS 615.023 to 615.140, inclusive, and section 21 of this act, unless the context otherwise requires, have the meanings ascribed to them in those sections.

      Sec. 26. NRS 615.110 is hereby amended to read as follows:

      615.110  “Individual with a disability” means:

      1.  Any individual who has a physical or mental disability which constitutes a substantial [handicap] impediment to employment [but which is of such a nature that] for which vocational rehabilitation services may reasonably be expected to [render] prepare the individual [fit] to engage in [a gainful occupation, including a gainful occupation] competitive integrated employment which is [more] consistent with the capacities and abilities of the individual.

      2.  Any individual who has a physical or mental disability which constitutes a substantial [handicap] impediment to employment for [whom] which vocational rehabilitation services are necessary [for the purposes of the determination of] to determine the rehabilitation potential [.]

 


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which vocational rehabilitation services are necessary [for the purposes of the determination of] to determine the rehabilitation potential [.] of the individual.

      Sec. 27. NRS 615.120 is hereby amended to read as follows:

      615.120  “Physical or mental disability” means [a] an ongoing physical or mental condition which materially limits, contributes to limiting or, if not corrected, will probably result in limiting an individual’s [activities] physical or mental functioning. [It includes behavioral disorders characterized by deviant social behavior or impaired ability to carry out normal relationships with family and community which may result from vocational, educational, cultural, social, environmental or other factors.]

      Sec. 28. NRS 615.130 is hereby amended to read as follows:

      615.130  “Substantial [handicap] impediment to employment” means that a physical or mental disability (in the light of attendant medical, psychological, vocational, cultural, social or environmental factors) [impedes] hampers an individual’s occupational performance, by preventing the individual’s obtaining, retaining or preparing for [a gainful occupation] competitive integrated employment consistent with the capacities and abilities of the individual.

      Sec. 29. NRS 615.140 is hereby amended to read as follows:

      615.140  “Vocational rehabilitation services” means any goods and services necessary to [render] prepare an individual with a disability [fit] to engage in [a gainful occupation,] competitive integrated employment or to determine the rehabilitation potential of the individual.

      Sec. 30. NRS 615.170 is hereby amended to read as follows:

      615.170  1.  Vocational rehabilitation services shall be provided directly or through public or private resources to any individual with a disability, including any individual with a disability who is eligible under the terms of an agreement or an arrangement with another state , [or with] the Federal Government [.] or an Indian tribe.

      2.  As used in this section, “state” includes, without limitation, the District of Columbia, Puerto Rico, the United States Virgin Islands and Guam.

      Sec. 31. NRS 615.190 is hereby amended to read as follows:

      615.190  The Bureau shall:

      1.  Take action necessary or appropriate to carry out the purposes of this chapter; [and]

      2.  Cooperate with other departments, agencies and institutions, both public and private, in providing for the vocational rehabilitation of individuals with disabilities, in studying the problems involved therein, and in planning, establishing, developing and providing such programs, facilities and services as may be necessary or desirable [.] ; and

      3.  Provide intensive programs of education, training, job development, physical restoration and such other services and equipment as may prepare individuals with disabilities to engage in competitive integrated employment.

      Sec. 32. NRS 615.200 is hereby amended to read as follows:

      615.200  The Bureau may:

      1.  Enter into reciprocal agreements with other states, which, for this purpose, may include the District of Columbia, Puerto Rico, the United States Virgin Islands and Guam, or Indian tribes to provide for the vocational rehabilitation of individuals within the states or who are members of the Indian tribes concerned;

 


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States Virgin Islands and Guam, or Indian tribes to provide for the vocational rehabilitation of individuals within the states or who are members of the Indian tribes concerned;

      2.  [Establish or construct rehabilitation facilities and workshops and make grants to, or contracts or other arrangements with, public and other nonprofit organizations for the establishment of workshops and rehabilitation facilities;

      3.]  Operate facilities for carrying out the purposes of this chapter;

      [4.] and

      3.  In matters relating to vocational rehabilitation:

      (a) Conduct research, studies, investigations and demonstrations and make reports;

      (b) Provide training and instruction, including, without limitation, the establishment and maintenance of such research fellowships and traineeships with such stipends and allowances as may be deemed necessary;

      (c) Disseminate information; and

      (d) Render technical assistance . [; and

      5.  Provide for the establishment, supervision, management and control of small business enterprises to be operated by persons with severe disabilities where their operation will be improved through the management and supervision of the Bureau.]

      Sec. 33. NRS 615.205 is hereby amended to read as follows:

      615.205  1.  The [Department] Division shall report annually to the Aging and Disability Services Division of the Department of Health and Human Services information relating to persons with autism spectrum disorders who receive vocational rehabilitation services. The information must:

      (a) Be submitted in the form required by the Aging and Disability Services Division;

      (b) Include the information required by the Aging and Disability Services Division pursuant to NRS 427A.872;

      (c) Include the total number of persons with autism spectrum disorders who are receiving vocational rehabilitation services from the Division;

      (d) Include information concerning the types of vocational rehabilitation services provided to persons with autism spectrum disorders, the effectiveness of those services and the reasons for the ineffectiveness of those services, if applicable; and

      (e) Include information concerning the technical assistance and training provided to personnel of the Division who work with persons with autism spectrum disorders to improve the effectiveness of vocational rehabilitation services.

      2.  A person with autism spectrum disorder who is designated as a person with more than one physical or mental impairment or disability must be included as a person with autism spectrum disorder for the purposes of reporting information pursuant to this section.

      Sec. 34. NRS 615.220 is hereby amended to read as follows:

      615.220  1.  To facilitate the making of disability determinations in this state, the Department through the Division, on behalf of the State of Nevada, may enter into an agreement or agreements with the United States Government, by and through the Secretary of [Health and Human Services,] Education, or any other federal agency, for the making of disability determinations, receiving and expending federal money for the making of such determinations, and performing other acts and functions necessary to effectuate the provisions of any Act of Congress, and all applicable federal regulations adopted pursuant thereto.

 


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such determinations, and performing other acts and functions necessary to effectuate the provisions of any Act of Congress, and all applicable federal regulations adopted pursuant thereto.

      2.  The Department, by and through the Division, shall make the disability determinations required by the provisions of any Act of Congress, and the State Treasurer shall disburse the money required for the making of such determinations upon claims by the Director in the same manner as other claims against the State are paid.

      Sec. 35. NRS 615.230 is hereby amended to read as follows:

      615.230  1.  The Department through the [Bureau] Division may make agreements, arrangements or plans to:

      (a) Cooperate with the Federal Government in carrying out the purposes of this chapter or of any federal statutes pertaining to vocational rehabilitation and to this end may adopt such methods of administration as are found by the Federal Government to be necessary for the proper and efficient operation of such agreements, arrangements or plans for vocational rehabilitation; and

      (b) Comply with such conditions as may be necessary to secure benefits under those federal statutes.

      2.  Upon designation by the Governor, in addition to those provided in subsection 1, the Department through the [Bureau] Division may perform functions and services for the Federal Government relating to persons under a physical or mental disability.

      Sec. 36. NRS 615.250 is hereby amended to read as follows:

      615.250  1.  The State Treasurer is designated as custodian of all money received from the Federal Government for carrying out the purposes of this chapter or any agreements, arrangements or plans authorized thereby.

      2.  The State Treasurer shall make disbursements from that money and from all state money available for the purposes of this chapter upon certification by the designated official of the Bureau.

      [3.  All money earned by the rehabilitation facilities of the Bureau from contracts to provide work to train persons with disabilities must be deposited in the Account for Rehabilitation Facilities in the State General Fund.

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

      Sec. 37. NRS 615.255 is hereby amended to read as follows:

      615.255  1.  There is hereby created the Rehabilitation Division Revolving Account in an amount not to exceed $90,000. The money in the Revolving Account may be used for the payment of claims of:

      (a) Applicants for or recipients of services from:

             (1) The Bureau of Vocational Rehabilitation ; [, including, without limitation, the rehabilitation facilities described in subsection 2 of NRS 615.200;] and

             (2) The Bureau of Services to Persons Who Are Blind or Visually Impaired, including, without limitation, the Vending Stand Program for Persons Who Are Blind authorized by NRS 426.630 to 426.720, inclusive.

      (b) Vendors providing services to those applicants or recipients under procedures established by the Division.

      2.  The money in the Revolving Account must be deposited in a bank or credit union qualified to receive deposits of public money. The bank or credit union shall secure the deposit with a depository bond satisfactory to the State Board of Examiners, unless it is otherwise secured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.

 


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Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.

      3.  After expenditure of money from the Revolving Account, the Administrator shall present a claim to the State Board of Examiners. When approved by the State Board of Examiners, the State Controller shall draw his or her warrant in the amount of the claim in favor of the Rehabilitation Division Revolving Account, to be paid to the order of the Administrator, and the State Treasurer shall pay it.

      4.  Money in the Rehabilitation Division Revolving Account does not revert to the State General Fund at the end of the fiscal year, but remains in the Revolving Account.

      5.  Purchases paid for from the Rehabilitation Division Revolving Account for the purposes authorized by subsection 1 may be exempt from the provisions of the State Purchasing Act at the discretion of the Administrator of the Purchasing Division of the Department of Administration or the designated representative of the Administrator.

      Sec. 38. NRS 615.260 is hereby amended to read as follows:

      615.260  1.  All gifts of money which the Bureau is authorized to accept must be deposited in the State Treasury for credit to the Rehabilitation Gift Account in the Department of Employment, Training and Rehabilitation’s Gift Fund. The money may be invested and reinvested and must be used in accordance with the conditions of the gift [.] or to carry out the provisions of this chapter and other programs or laws administered by the Bureau.

      2.  All claims must be approved by the Administrator before they are paid.

      Sec. 39. NRS 615.280 is hereby amended to read as follows:

      615.280  1.  [Any person] An individual with a disability applying for or receiving vocational rehabilitation services from the Bureau who is aggrieved by any [action or inaction] act, determination or omission of the Bureau [or the Administrator with respect to the person] is entitled, in accordance with regulations, to a fair hearing before a hearing officer.

      2.  [A person] An individual with a disability who is aggrieved by the decision of a hearing officer is entitled to judicial review of the decision in the manner provided by chapter 233B of NRS.

      Sec. 40. NRS 615.290 is hereby amended to read as follows:

      615.290  [It is unlawful, except for purposes directly connected with the administration of the vocational rehabilitation program or any other arrangements, agreements or plans pursuant to this chapter, and in accordance with regulations of the Bureau, for any]

      1.  Except as otherwise provided in subsection 2, a person [to] shall not solicit, disclose, receive or make use of, or authorize, knowingly permit, participate in or acquiesce in the use of any list of, or names of, or any information concerning, persons applying for or receiving any services under this chapter, directly or indirectly derived from the records, papers, files or communications of the Bureau, or acquired in the course of the performance of its official duties.

      2.  Information with respect to any individual applying for or receiving services under this chapter may be received, used or disclosed by the Bureau or any of its employees to any person, association or body:

      (a) If such receipt, use or disclosure is related directly to carrying out the provisions of this chapter;

 


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      (b) As required by statute, regulation or court order;

      (c) To protect an applicant, recipient or other person if the applicant or recipient poses a threat to his or her own safety or the safety of others; or

      (d) Upon written permission of the applicant or recipient.

      3.  A person who violates the provisions of this section is guilty of a misdemeanor.

      Sec. 41. NRS 616A.360 is hereby amended to read as follows:

      616A.360  “Vocational rehabilitation services” [has the meaning ascribed to it in NRS 615.140.] means any goods or services necessary to prepare an individual with a disability to engage in competitive integrated employment, as defined in 29 U.S.C. § 705, or to determine the rehabilitation potential of the individual.

      Sec. 42. NRS 616B.621 is hereby amended to read as follows:

      616B.621  1.  In case of injury, coverage by industrial insurance must be provided for trainees while enrolled in a rehabilitation facility [operated] by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation, related to evaluation, treatment, training, surgical apparatuses or medications.

      2.  The Director of the Department of Employment, Training and Rehabilitation shall make payments to the insurer on all trainees who are enrolled in a rehabilitation facility [operated] by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation in this State at the rate approved by the Commissioner and based on a wage of $200 per month per trainee.

      [3.  Payments must be made from the Account for Rehabilitation Facilities of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation.]

      Sec. 43. NRS 615.040, 615.080, 615.090, 615.100, 615.175 and 616A.200 are hereby repealed.

      Sec. 44.  This act becomes effective on July 1, 2017.

________

CHAPTER 68, AB 37

Assembly Bill No. 37–Committee on Judiciary

 

CHAPTER 68

 

[Approved: May 22, 2017]

 

AN ACT relating to courts; revising provisions governing a motion to disqualify a justice of the peace or municipal judge; creating the position of chief justice of the peace for certain justice courts; creating the position of chief municipal judge for certain municipal courts; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires district judges in a county whose population is 100,000 or more (currently Clark and Washoe Counties) to choose a chief judge who serves as the presiding judge and exercises administrative powers over the district court, including, without limitation, assigning cases, establishing the hours of the court, adopting rules and regulations and performing other duties prescribed by statute. (NRS 3.025) Section 2 of this bill similarly requires, in townships with more than one justice of the peace, that the justices choose a chief justice of the peace who will serve as the presiding judge and have duties similar to the chief judge of a judicial district.

 


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justice of the peace, that the justices choose a chief justice of the peace who will serve as the presiding judge and have duties similar to the chief judge of a judicial district. Section 3 of this bill requires the selection of a chief municipal judge in cities with more than one municipal judge, who will serve as the presiding judge and have duties similar to a chief justice of the peace and the chief judge of a judicial district.

      Existing law provides the procedure in which a district judge may be disqualified, requiring, in judicial districts having more than one judge, that the chief judge of a district court assign a district judge to rule on a motion to disqualify another district judge if the parties to a case cannot agree on a district judge to hear the motion. (NRS 1.235) Existing law also requires a district judge with the greatest number of years of service to appoint a district judge to rule on a motion to disqualify the chief judge of the district court. (NRS 1.235) Section 1 of this bill establishes a similar procedure for a motion to disqualify a justice of the peace and municipal court judge.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 1.235 is hereby amended to read as follows:

      1.235  1.  Any party to an action or proceeding pending in any court other than the Supreme Court or the Court of Appeals, who seeks to disqualify a judge for actual or implied bias or prejudice must file an affidavit specifying the facts upon which the disqualification is sought. The affidavit of a party represented by an attorney must be accompanied by a certificate of the attorney of record that the affidavit is filed in good faith and not interposed for delay. Except as otherwise provided in subsections 2 and 3, the affidavit must be filed:

      (a) Not less than 20 days before the date set for trial or hearing of the case; or

      (b) Not less than 3 days before the date set for the hearing of any pretrial matter.

      2.  Except as otherwise provided in this subsection and subsection 3, if a case is not assigned to a judge before the time required under subsection 1 for filing the affidavit, the affidavit must be filed:

      (a) Within 10 days after the party or the party’s attorney is notified that the case has been assigned to a judge;

      (b) Before the hearing of any pretrial matter; or

      (c) Before the jury is empaneled, evidence taken or any ruling made in the trial or hearing,

Ê whichever occurs first. If the facts upon which disqualification of the judge is sought are not known to the party before the party is notified of the assignment of the judge or before any pretrial hearing is held, the affidavit may be filed not later than the commencement of the trial or hearing of the case.

      3.  If a case is reassigned to a new judge and the time for filing the affidavit under subsection 1 and paragraph (a) of subsection 2 has expired, the parties have 10 days after notice of the new assignment within which to file the affidavit, and the trial or hearing of the case must be rescheduled for a date after the expiration of the 10-day period unless the parties stipulate to an earlier date.

      4.  At the time the affidavit is filed, a copy must be served upon the judge sought to be disqualified. Service must be made by delivering the copy to the judge personally or by leaving it at the judge’s chambers with some person of suitable age and discretion employed therein.

 


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to the judge personally or by leaving it at the judge’s chambers with some person of suitable age and discretion employed therein.

      5.  [The] Except as otherwise provided in subsection 6, the judge against whom an affidavit alleging bias or prejudice is filed shall proceed no further with the matter and shall:

      (a) [Immediately] If the judge is a district judge, immediately transfer the case to another department of the court, if there is more than one department of the court in the district, or request the judge of another district court to preside at the trial or hearing of the matter; [or]

      (b) [File] If the judge is a justice of the peace, immediately arrange for another justice of the peace to preside at the trial or hearing of the matter as provided pursuant to NRS 4.032, 4.340 or 4.345, as applicable; or

      (c) If the judge is a municipal judge, immediately arrange for another municipal judge to preside at the trial or hearing of the matter as provided pursuant to NRS 5.023 or 5.024, as applicable.

      6.  A judge may challenge an affidavit alleging bias or prejudice by filing a written answer with the clerk of the court within 5 judicial days after the affidavit is filed, admitting or denying any or all of the allegations contained in the affidavit and setting forth any additional facts which bear on the question of the judge’s disqualification. The question of the judge’s disqualification must thereupon be heard and determined by another judge agreed upon by the parties or, if they are unable to agree, by a judge appointed:

             [(1) By]

      (a) If the judge is a district judge, by the presiding judge of the judicial district in judicial districts having more than one judge, or if the presiding judge of the judicial district is sought to be disqualified, by the judge having the greatest number of years of service [.

             (2) By] ;

      (b) If the judge is a justice of the peace, by the presiding judge of the justice court in justice courts having more than one justice of the peace, or if the presiding judge is sought to be disqualified, by the justice of the peace having the greatest number of years of service;

      (c) If the judge is a municipal judge, by the presiding judge of the municipal court in municipal courts having more than one municipal judge, or if the presiding judge is sought to be disqualified, by the municipal judge having the greatest number of years of service; or

      (d) If there is no presiding judge, by the Supreme Court . [in judicial districts having only one judge.]

      Sec. 2. Chapter 4 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The justices of the peace of each justice court having more than one justice of the peace shall choose from among those justices of the peace a chief justice of the peace who is to be the presiding judge of that court.

      2.  The chief justice of the peace shall:

      (a) Assign cases to each justice of the peace of the justice court;

      (b) Prescribe the hours of court;

      (c) Adopt such other rules or regulations as are necessary for the orderly conduct of court business; and

 


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      (d) Perform all other duties of the chief justice of the peace or of the presiding judge of a justice court that are set forth in this chapter and any other provision of NRS.

      Sec. 3. Chapter 5 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The municipal judges of each municipal court having more than one municipal judge shall choose from among those municipal judges a chief municipal judge who is to be the presiding judge of that court.

      2.  The chief municipal judge shall:

      (a) Assign cases to each judge in the municipal court;

      (b) Prescribe the hours of court;

      (c) Adopt such other rules or regulations as are necessary for the orderly conduct of court business; and

      (d) Perform all other duties of the chief municipal judge or of the presiding judge of a municipal court that are set forth in this chapter and any other provision of NRS.

      Sec. 4.  A justice of the peace or a municipal judge who is serving as the chief judge of a justice court or municipal court on the effective date of this act shall continue to serve as the chief judge until a chief justice of the peace or chief municipal judge of that court is chosen pursuant to section 2 or 3 of this act, as applicable.

      Sec. 5.  This act becomes effective upon passage and approval.

________

CHAPTER 69, AB 38

Assembly Bill No. 38–Committee on Judiciary

 

CHAPTER 69

 

[Approved: May 22, 2017]

 

AN ACT relating to bail; authorizing the electronic transmission of certain notices relating to bail; requiring certain persons who are engaged in certain businesses relating to bail to receive electronic transmissions relating to bail; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that, under certain circumstances, a bail bond posted for an original offense charged must be transferred to the clerk of the court in which a related public offense is later charged and notice of the transfer must be mailed to the surety on the bond and the bail agent who executed the bond. (NRS 178.502) Section 2 of this bill authorizes the electronic transmission of the notice of such a transfer.

      Existing law provides that, under certain circumstances, if a defendant fails to make a required appearance in court, the court shall: (1) not later than 45 days after the date on which the defendant failed to appear, order the issuance of a warrant for the arrest of the defendant; and (2) direct that each surety and the local agent of each surety or depositor, as applicable, be given notice by certified mail that the defendant failed to appear. (NRS 178.508) Section 3 of this bill: (1) requires the court to issue a warrant for the arrest of the defendant not later than 14 days after the defendant’s failure to appear; and (2) authorizes the electronic transmission of the notice of the defendant’s failure to appear. Section 3 also provides that, in the case of electronic transmission, a receipt of delivery must be requested.

 


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      Existing law requires notice of a motion to enforce liability for a bond to be mailed to the obligor. (NRS 178.514) Section 4 of this bill authorizes the electronic transmission of the notice of such a motion.

      Section 5 of this bill requires, with certain exceptions, every bail agent and insurer authorized to write surety in this State and every subsidiary corporation of any such insurer to maintain a means of receiving electronic transmissions and to receive electronic transmissions pursuant to sections 2-4 of this bill.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 178 of NRS is hereby amended by adding thereto a new section to read as follows:

      As used in NRS 178.484 to 178.548, inclusive, and this section, unless the context otherwise requires, “electronic transmission,” “electronically transmit” or “electronically transmitted” means any form or process of communication not directly involving the physical transfer of paper or another tangible medium which:

      1.  Is suitable for the retention, retrieval and reproduction of information by the recipient; and

      2.  Is retrievable and reproducible in paper form by the recipient through an automated process used in conventional commercial practice.

      Sec. 2. NRS 178.502 is hereby amended to read as follows:

      178.502  1.  A person required or permitted to give bail shall execute a bond for the person’s appearance. The magistrate or court or judge or justice, having regard to the considerations set forth in NRS 178.498, may require one or more sureties or may authorize the acceptance of cash or bonds or notes of the United States in an amount equal to or less than the face amount of the bond.

      2.  Any bond or undertaking for bail must provide that the bond or undertaking:

      (a) Extends to any action or proceeding in a Justice Court, municipal court or district court:

             (1) Arising from the charge on which bail was first given in any of these courts; and

             (2) Arising from a later charge, filed before the expiration of the periods provided in subsection 4, which is substantially similar to the charge upon which bail was first given and is based upon the same act or omission as that charge; and

      (b) Remains in effect until exonerated by the court.

Ê This subsection does not require that any bond or undertaking extend to proceedings on appeal.

      3.  If an action or proceeding against a defendant who has been admitted to bail is transferred to another trial court, the bond or undertaking must be transferred to the clerk of the court to which the action or proceeding has been transferred.

      4.  If the action or proceeding against a defendant who has been admitted to bail is dismissed, the bail must not be exonerated until a period of 30 days has elapsed from the entry of the order of dismissal unless the defendant requests that bail be exonerated before the expiration of the 30-day period. If no formal action or proceeding is instituted against a defendant who has been admitted to bail, the bail must not be exonerated until a period of 30 days has elapsed from the day the bond or undertaking is posted unless the defendant requests that bail be exonerated before the expiration of the 30-day period.

 


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who has been admitted to bail, the bail must not be exonerated until a period of 30 days has elapsed from the day the bond or undertaking is posted unless the defendant requests that bail be exonerated before the expiration of the 30-day period.

      5.  If, within the periods provided in subsection 4, the defendant is charged with a public offense arising out of the same act or omission supporting the charge upon which bail was first given, the prosecuting attorney shall forthwith notify the clerk of the court where the bond was posted, the bail must be applied to the public offense later charged, and the bond or undertaking must be transferred to the clerk of the appropriate court. Within 10 days after its receipt, the clerk of the court to whom the bail is transferred shall mail or electronically transmit notice of the transfer to the surety on the bond and the bail agent who executed the bond.

      6.  Bail given originally on appeal must be deposited with the magistrate or the clerk of the court from which the appeal is taken.

      Sec. 3. NRS 178.508 is hereby amended to read as follows:

      178.508  1.  If the defendant fails to appear when the defendant’s presence in court is lawfully required for the commission of a misdemeanor and the failure to appear is not excused or is lawfully required for the commission of a gross misdemeanor or felony, the court shall:

      (a) Enter upon its minutes that the defendant failed to appear;

      (b) Not later than [45] 14 judicial days after the date on which the defendant failed to appear, order the issuance of a warrant for the arrest of the defendant; and

      (c) If the undertaking exceeds $50 or money deposited instead of bail bond exceeds $500, direct that each surety and the local agent of each surety, or the depositor if the depositor is not the defendant, be given notice that the defendant has failed to appear, by certified mail or electronic transmission, receipt of delivery requested, within 20 days after the date on which the defendant failed to appear. The court shall execute an affidavit of such mailing or electronic transmission to be kept as an official public record of the court and shall direct that a copy of the notice be transmitted to the prosecuting attorney at the same time that notice is given to each surety or the depositor.

      2.  Except as otherwise provided in subsection 3 and NRS 178.509, an order of forfeiture of any undertaking or money deposited instead of bail bond must be prepared by the clerk of the court and signed by the court. An order of forfeiture must include the date on which the forfeiture becomes effective. The undertaking or money deposited instead of bail bond is forfeited 180 days after the date on which the notice is mailed or electronically transmitted pursuant to subsection 1.

      3.  The court may extend the date of the forfeiture for any reasonable period set by the court if the surety or depositor submits to the court:

      (a) An application for an extension and the court determines that the surety or the depositor is making reasonable and ongoing efforts to bring the defendant before the court.

      (b) An application for an extension on the ground that the defendant is temporarily prevented from appearing before the court because the defendant:

             (1) Is ill;

             (2) Is insane; or

             (3) Is being detained by civil or military authorities,

 


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Ê and the court, upon hearing the matter, determines that one or more of the grounds described in this paragraph exist and that the surety or depositor did not in any way cause or aid the absence of the defendant.

      Sec. 4. NRS 178.514 is hereby amended to read as follows:

      178.514  1.  When a forfeiture has not been set aside, the court shall on motion enter a judgment of default and execution may issue thereon.

      2.  If an order setting aside a forfeiture has not been entered within 180 days after the issuance of the order of forfeiture, the court shall enter judgment by default and commence execution proceedings therein.

      3.  By entering into a bond the obligors submit to the jurisdiction of the court and irrevocably appoint the clerk of the court as their agent upon whom any papers affecting their liability may be served. Their liability may be enforced on motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail or electronically transmit copies to the obligors to their last known addresses [.] or by means that have been designated by the obligors for the purpose of receiving electronic transmissions.

      Sec. 5. Chapter 697 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsections 2 and 3, every bail agent and insurer authorized to write surety in this State and every subsidiary corporation of such an insurer shall maintain a means of receiving electronic transmissions and shall receive electronic transmissions made pursuant to NRS 178.502, 178.508 and 178.514.

      2.  Before April 1, 2018, a bail agent or insurer authorized to write surety in this State and every subsidiary corporation of such an insurer may elect to receive a notice pursuant to NRS 178.502, 178.508 or 178.514 by mail by providing a written request to the court.

      3.  On and after April 1, 2018, a bail agent or insurer authorized to write surety in this State and every subsidiary corporation of such an insurer may receive a notice pursuant to NRS 178.502, 178.508 or 178.514 by mail only pursuant to a court order issued upon request by the bail agent or insurer for good cause shown.

      4.  As used in this section, “electronic transmission” has the meaning ascribed to it in section 1 of this act.

      Sec. 6.  (Deleted by amendment.)

________

 

 

 

 

 


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CHAPTER 70, AB 50

Assembly Bill No. 50–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 70

 

[Approved: May 22, 2017]

 

AN ACT relating to water; authorizing the State Environmental Commission to establish fees for certain services relating to public and community water systems; increasing the maximum civil penalties and administrative fines imposed on water suppliers for certain violations relating to public water systems; authorizing the State Environmental Commission to adopt regulations and establish fees for the review of certain water issues relating to land development plans; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the State Environmental Commission regulates community and public water systems. (NRS 445A.800-445A.955) Section 3 of this bill authorizes the Commission to establish fees for any services of the Commission necessary to carry out these provisions relating to community and public water systems.

      Under existing law, a person who owns, controls or operates a public water system is liable for a civil penalty and may be subject to an administrative fine per day for certain violations. (NRS 445A.950) Section 4 of this bill increases the maximum civil penalty from $5,000 to $25,000 for each day of the violation and increases the maximum administrative fine from $2,500 to $5,000 which may be imposed upon such a person by the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      Existing law requires a person who proposes to subdivide land for development to submit a tentative and a final map to the Division of Environmental Protection for review concerning sewage disposal, water pollution, water quality and water supply facilities. (NRS 278.335, 278.377) Section 5 of this bill authorizes the State Environmental Commission to adopt regulations and establish fees relating to its review of subdivisions. Sections 6 and 7 of this bill make conforming changes.

      Section 1 of this bill requires the deposit of the fees authorized in this bill in a separate account in the State General Fund.

 

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 445A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  All fees collected pursuant to subsection 6 of NRS 445A.860 and section 5 of this act must be deposited in a separate account created in the State General Fund. The State Department of Conservation and Natural Resources shall administer the account.

      2.  The money in the account must be expended only to pay for the costs to carry out the provisions of NRS 278.335, 278.377 and 445A.800 to 445A.955, inclusive, and sections 1 and 5 of this act or for any other purpose authorized by the Legislature.

 


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

      Sec. 2. NRS 445A.805 is hereby amended to read as follows:

      445A.805  As used in NRS 445A.800 to 445A.955, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 445A.807 to 445A.850, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3. NRS 445A.860 is hereby amended to read as follows:

      445A.860  In addition to the regulations required to be adopted pursuant to NRS 445A.880, the Commission:

      1.  Shall adopt regulations establishing procedures for a system of permits to operate water systems which are constructed on or after July 1, 1991.

      2.  May adopt such other regulations as may be necessary to govern the construction, operation and maintenance of public water systems if those activities affect the quality of water, but the regulations do not supersede any regulation of the Public Utilities Commission of Nevada.

      3.  May establish by regulation a system for the issuance of operating permits for suppliers of water and set a reasonable date after which a person shall not operate a public water system constructed before July 1, 1991, without possessing a permit issued by the Division or the appropriate district board of health.

      4.  May adopt such other regulations as may be necessary to ensure that a community water system or nontransient water system that commences operation on or after October 1, 1999, demonstrates the technical capability, managerial capability and financial capability to comply with 40 C.F.R. Part 141, but the regulations do not supersede any regulation of the Public Utilities Commission of Nevada or the authority of the Public Utilities Commission of Nevada or other state agencies or local governing bodies to issue permits or certificates of authority for suppliers of water.

      5.  May adopt such other regulations as may be necessary to evaluate the technical capability, managerial capability and financial capability of a community water system or nontransient water system that commenced operation before October 1, 1999, to comply with 40 C.F.R. Part 141, but the regulations do not supersede any regulation of the Public Utilities Commission of Nevada or the authority of the Public Utilities Commission of Nevada or other state agencies or local governing bodies to issue permits or certificates of authority for suppliers of water.

      6.  May establish by regulation reasonable fees as may be necessary to carry out the provisions of NRS 445A.800 to 445A.955, inclusive, and section 1 of this act. All fees collected pursuant to this subsection must be deposited in the account created pursuant to section 1 of this act.

      7.  May adopt such other regulations as may be necessary to carry out the provisions of NRS 445A.800 to 445A.955, inclusive [.] , and section 1 of this act.

      Sec. 4. NRS 445A.950 is hereby amended to read as follows:

      445A.950  1.  Any supplier of water who:

      (a) Violates any standard established pursuant to NRS 445A.855;

      (b) Violates or fails to comply with an order issued pursuant to NRS 445A.930 or subsection 1 or 2 of NRS 445A.943;

      (c) Violates any condition imposed by the Commission upon granting a variance or exemption under NRS 445A.935;

 


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      (d) Violates a regulation adopted by the Commission pursuant to NRS 445A.860 or 445A.880; or

      (e) Fails to give a notice as required by NRS 445A.940,

Ê is liable for a civil penalty, to be recovered by the Attorney General in the name of the Division, of not more than [$5,000] $25,000 for each day of the violation.

      2.  In addition to the civil penalty prescribed in subsection 1, the Division may impose an administrative fine against a supplier of water who commits any violation enumerated in subsection 1. The administrative fine imposed may not be more than [$2,500] $5,000 per day for each such violation.

      3.  The civil penalty and administrative fine prescribed in this section may be imposed in addition to any other penalties or relief prescribed in NRS 445A.800 to 445A.955, inclusive [.] , and section 1 of this act.

      Sec. 5.  Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:

      The State Environmental Commission may adopt such regulations as may be necessary for the Division of Environmental Protection of the State Department of Conservation and Natural Resources to carry out its duties under the provisions of this section and NRS 278.335 and 278.377, including, without limitation, establishing reasonable fees for services provided by the Division. All fees collected pursuant to this section must be deposited in the account created pursuant to section 1 of this act.

      Sec. 6. NRS 278.010 is hereby amended to read as follows:

      278.010  As used in NRS 278.010 to 278.630, inclusive, and section 5 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0103 to 278.0195, inclusive, have the meanings ascribed to them in those sections.

      Sec. 7. NRS 278.4925 is hereby amended to read as follows:

      278.4925  1.  An owner or governing body that owns two or more contiguous parcels may merge and resubdivide the land into new parcels or lots without reverting the preexisting parcels to acreage pursuant to NRS 278.490.

      2.  Parcels merged without reversion to acreage pursuant to this section must be resubdivided and recorded on a final map, parcel map or map of division into large parcels, as appropriate, in accordance with NRS 278.320 to 278.4725, inclusive, and section 5 of this act and any applicable local ordinances. The recording of the resubdivided parcels or lots on a final map, parcel map or map of division into large parcels, as appropriate, constitutes the merging of the preexisting parcels into a single parcel and the simultaneous resubdivision of that single parcel into parcels or lots of a size and description set forth in the final map, parcel map or map of division into large parcels, as appropriate.

      3.  With respect to a merger and resubdivision of parcels pursuant to this section, the owner or governing body conducting the merger and resubdivision shall ensure that streets, easements and utility easements, whether public or private, that will remain in effect after the merger and resubdivision, are delineated clearly on the final map, parcel map or map of division into large parcels, as appropriate, on which the merger and resubdivision is recorded.

      4.  If a governing body required an owner or governing body to post security to secure the completion of improvements to two or more contiguous parcels and those improvements will not be completed because of a merger and resubdivision conducted pursuant to this section, the governing body shall credit on a pro rata basis the security posted by the owner or governing body toward the same purposes with respect to the parcels as merged and resubdivided.

 


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contiguous parcels and those improvements will not be completed because of a merger and resubdivision conducted pursuant to this section, the governing body shall credit on a pro rata basis the security posted by the owner or governing body toward the same purposes with respect to the parcels as merged and resubdivided.

      Sec. 8.  This act becomes effective upon passage and approval.

________

CHAPTER 71, AB 133

Assembly Bill No. 133–Assemblyman Elliot Anderson

 

CHAPTER 71

 

[Approved: May 22, 2017]

 

AN ACT relating to real property rights; prohibiting adverse action against certain persons for requesting emergency assistance on a rental property in certain cases; specifying that a request for emergency assistance on a rental property does not constitute a nuisance in certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Sections 1 and 2 of this bill prohibit a landlord from taking adverse action against a tenant of a dwelling or manufactured home, including, without limitation, evicting or taking certain other punitive action based solely upon a tenant or other person in the rental property of the tenant requesting emergency assistance from a provider of emergency services based on a reasonable belief that an emergency response is necessary or that criminal activity has occurred. Sections 1 and 2 also prohibit a local government or political subdivision of this State from taking adverse action against a landlord based solely on the request of a tenant or other person for emergency assistance. Sections 1 and 2 also specify that the provisions of this bill do not prohibit a landlord or a local government or political subdivision of this State from curing a breach of a rental agreement or abating a nuisance or a violation of a local law, ordinance or regulation which is discovered by or reported to the landlord by a peace officer as a result of a request for emergency assistance.

      Existing law provides that any provision of a rental agreement for a dwelling or rental agreement or lease for a manufactured home lot that waives or limits certain rights or remedies provided by law is void and unenforceable and therefore any provision in such a rental agreement or lease that allows adverse action against a tenant in violation of the provisions of sections 1 and 2 would be void and unenforceable. (NRS 118A.200, 118B.050)

      Existing law provides that a nuisance includes conditions on a property that interfere with the free use or comfortable enjoyment of the property, including, without limitation, health hazards or the use of a property for the commission of certain crimes. (NRS 40.140, 202.450) Sections 4-6 of this bill provide that a request for emergency assistance by a tenant or other person in the rental property of the tenant as described above does not constitute a nuisance for purposes of civil or criminal law.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 118A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A landlord shall not take any adverse action against a tenant, including, without limitation, evicting, imposing a fine or taking any other punitive action against the tenant, based solely upon the tenant or another person in the dwelling of the tenant requesting emergency assistance if the tenant or other person had a reasonable belief that an emergency response was necessary or that criminal activity may have occurred, regardless of any other previous requests for emergency assistance by the tenant or other person.

      2.  A local government or other political subdivision of this State shall not deem there to be a nuisance or take any other adverse action against the landlord of a dwelling based solely upon the tenant or another person in the dwelling of the tenant requesting emergency assistance in accordance with subsection 1.

      3.  Any local charter, code, ordinance, regulation or other law that conflicts with this section is void and unenforceable.

      4.  This section does not:

      (a) Prohibit a landlord from taking any action necessary to abate a nuisance on the property pursuant to NRS 40.140 or 202.450 or taking any other action which is not in conflict with the provisions of this section, including, without limitation, commencing eviction proceedings in accordance with the provisions of chapter 40 of NRS for any nuisance discovered by or reported to the landlord by a peace officer as a result of a request for emergency assistance pursuant to subsection 1;

      (b) Authorize a tenant to breach any provision of a rental agreement that is not in conflict with this section or to violate any other provision of law;

      (c) Prohibit a landlord from taking any action necessary to cure a breach of any provision of a rental agreement or any other provision of law by a tenant which is discovered by or reported to the landlord by a peace officer as a result of a request for emergency assistance pursuant to subsection 1; or

      (d) Prohibit a local government or other political subdivision of this State from taking any action against a landlord or a tenant to abate a nuisance or a violation of any local law, ordinance or regulation which is discovered by a peace officer while responding to a request for emergency assistance pursuant to subsection 1.

      5.  In addition to any other remedies, a tenant, landlord or district attorney may bring a civil action in a court of competent jurisdiction for a violation of this section to seek any or all of the following relief:

      (a) Declaratory and injunctive relief.

      (b) Actual damages.

      (c) Reasonable attorney’s fees and costs.

      (d) Any other legal or equitable relief that the court deems appropriate.

      6.  As used in this section:

 


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      (a) “Emergency assistance” means assistance provided by an agency of the State of Nevada or a political subdivision of this State that provides police, fire-fighting, rescue, emergency medical services or any other services related to public safety.

      (b) “Peace officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.

      Sec. 2. Chapter 118B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A landlord shall not take any adverse action against a tenant, including, without limitation, evicting, imposing a fine or taking any other punitive action against the tenant, based solely upon the tenant or another person in the manufactured home of the tenant requesting emergency assistance if the tenant or other person had a reasonable belief that an emergency response was necessary or that criminal activity may have occurred, regardless of any other previous requests for emergency assistance by the tenant or other person.

      2.  A local government or other political subdivision of this State shall not deem there to be a nuisance or take any other adverse action against the landlord of a manufactured home park based solely upon the tenant or another person in the manufactured home of the tenant requesting emergency assistance in accordance with subsection 1.

      3.  Any local charter, code, ordinance, regulation or other law that conflicts with this section is void and unenforceable.

      4.  This section does not:

      (a) Prohibit a landlord from taking any action necessary to abate a nuisance on the property pursuant to NRS 40.140 or 202.450 or taking any other action which is not in conflict with the provisions of this section, including, without limitation, commencing eviction proceedings in accordance with the provisions of chapter 40 of NRS for any nuisance discovered by or reported to the landlord by a peace officer as a result of a request for emergency assistance pursuant to subsection 1;

      (b) Authorize a tenant to breach any provision of a rental agreement that is not in conflict with this section or to violate any other provision of law;

      (c) Prohibit a landlord from taking any action necessary to cure a breach of any provision of a rental agreement or any other provision of law by a tenant which is discovered by or reported to the landlord by a peace officer as a result of a request for emergency assistance pursuant to subsection 1; or

      (d) Prohibit a local government or other political subdivision of this State from taking any action against a landlord or a tenant to abate a nuisance or a violation of any local law, ordinance or regulation which is discovered by a peace officer while responding to a request for emergency assistance pursuant to subsection 1.

      5.  In addition to any other remedies, a tenant, landlord or district attorney may bring a civil action in a court of competent jurisdiction for a violation of this section to seek any or all of the following relief:

      (a) Declaratory and injunctive relief.

      (b) Actual damages.

      (c) Reasonable attorney’s fees and costs.

      (d) Any other legal or equitable relief that the court deems appropriate.

 


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      6.  As used in this section:

      (a) “Emergency assistance” means assistance provided by an agency of the State of Nevada or a political subdivision of this State that provides police, fire-fighting, rescue, emergency medical services or any other services related to public safety.

      (b) “Peace officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.

      Sec. 3. NRS 118B.210 is hereby amended to read as follows:

      118B.210  1.  The landlord shall not terminate a tenancy, refuse to renew a tenancy, increase rent or decrease services the landlord normally supplies, or bring or threaten to bring an action for possession of a manufactured home lot as retaliation upon the tenant because:

      (a) The tenant has complained in good faith about a violation of a building, safety or health code or regulation pertaining to a manufactured home park to the governmental agency responsible for enforcing the code or regulation.

      (b) The tenant has complained to the landlord concerning the maintenance, condition or operation of the park or a violation of any provision of NRS 118B.040 to 118B.220, inclusive, and section 2 of this act or 118B.240.

      (c) The tenant has organized or become a member of a tenants’ league or similar organization.

      (d) The tenant has requested the reduction in rent required by:

             (1) NRS 118.165 as a result of a reduction in property taxes.

             (2) NRS 118B.153 when a service, utility or amenity is decreased or eliminated by the landlord.

      (e) A citation has been issued to the landlord as the result of a complaint of the tenant.

      (f) In a judicial proceeding or arbitration between the landlord and the tenant, an issue has been determined adversely to the landlord.

      2.  A landlord, manager or assistant manager of a manufactured home park shall not willfully harass a tenant.

      3.  A tenant shall not willfully harass a landlord, manager or assistant manager of a manufactured home park or an employee or agent of the landlord.

      4.  As used in this section, “harass” means to threaten or intimidate, through words or conduct, with the intent to affect the terms or conditions of a tenancy or a person’s exercise of his or her rights pursuant to this chapter.

      Sec. 4. NRS 40.140 is hereby amended to read as follows:

      40.140  1.  Except as otherwise provided in this section:

      (a) Anything which is injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property;

      (b) A building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor or controlled substance analog;

      (c) A building or place which was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog and:

             (1) Which has not been deemed safe for habitation by the board of health; or

 


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             (2) From which all materials or substances involving the controlled substance, immediate precursor or controlled substance analog have not been removed or remediated by an entity certified or licensed to do so within 180 days after the building or place is no longer used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog; or

      (d) A building or place regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang,

Ê is a nuisance, and the subject of an action. The action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be enjoined or abated, as well as damages recovered.

      2.  It is presumed:

      (a) That an agricultural activity conducted on farmland, consistent with good agricultural practice and established before surrounding nonagricultural activities is reasonable. Such activity does not constitute a nuisance unless the activity has a substantial adverse effect on the public health or safety.

      (b) That an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.

      3.  A shooting range does not constitute a nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise:

      (a) As those provisions existed on October 1, 1997, for a shooting range in operation on or before October 1, 1997; or

      (b) As those provisions exist on the date that the shooting range begins operation, for a shooting range that begins operation after October 1, 1997.

Ê A shooting range is not subject to any state or local law related to the control of noise that is adopted or amended after the date set forth in paragraph (a) or (b), as applicable, and does not constitute a nuisance for failure to comply with any such law.

      4.  A request for emergency assistance by a tenant as described in sections 1 and 2 of this act does not constitute a nuisance.

      [4.] 5.  As used in this section:

      (a) “Board of health” has the meaning ascribed to it in NRS 439.4797.

      (b) “Controlled substance analog” has the meaning ascribed to it in NRS 453.043.

      (c) “Criminal gang” has the meaning ascribed to it in NRS 193.168.

      (d) “Immediate precursor” has the meaning ascribed to it in NRS 453.086.

      (e) “Shooting range” means an area designed and used for archery or sport shooting, including, but not limited to, sport shooting that involves the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or other similar items.

      Sec. 5.  NRS 202.450 is hereby amended to read as follows:

      202.450  1.  A public nuisance is a crime against the order and economy of the State.

      2.  Every place:

      (a) Wherein any gambling, bookmaking or pool selling is conducted without a license as provided by law, or wherein any swindling game or device, or bucket shop, or any agency therefor is conducted, or any article, apparatus or device useful therefor is kept;

 


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device, or bucket shop, or any agency therefor is conducted, or any article, apparatus or device useful therefor is kept;

      (b) Wherein any fighting between animals or birds is conducted;

      (c) Wherein any dog races are conducted as a gaming activity;

      (d) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution;

      (e) Wherein a controlled substance, immediate precursor or controlled substance analog is unlawfully sold, served, stored, kept, manufactured, used or given away;

      (f) That is regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang; or

      (g) Where vagrants resort,

Ê is a public nuisance.

      3.  Every act unlawfully done and every omission to perform a duty, which act or omission:

      (a) Annoys, injures or endangers the safety, health, comfort or repose of any considerable number of persons;

      (b) Offends public decency;

      (c) Unlawfully interferes with, befouls, obstructs or tends to obstruct, or renders dangerous for passage, a lake, navigable river, bay, stream, canal, ditch, millrace or basin, or a public park, square, street, alley, bridge, causeway or highway; or

      (d) In any way renders a considerable number of persons insecure in life or the use of property,

Ê is a public nuisance.

      4.  A building or place which was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog is a public nuisance if the building or place has not been deemed safe for habitation by the board of health and:

      (a) The owner of the building or place allows the building or place to be used for any purpose before all materials or substances involving the controlled substance, immediate precursor or controlled substance analog have been removed from or remediated on the building or place by an entity certified or licensed to do so; or

      (b) The owner of the building or place fails to have all materials or substances involving the controlled substance, immediate precursor or controlled substance analog removed from or remediated on the building or place by an entity certified or licensed to do so within 180 days after the building or place is no longer used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog.

      5.  Agricultural activity conducted on farmland consistent with good agricultural practice and established before surrounding nonagricultural activities is not a public nuisance unless it has a substantial adverse effect on the public health or safety. It is presumed that an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.

      6.  A shooting range is not a public nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise:

 


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      (a) As those provisions existed on October 1, 1997, for a shooting range that begins operation on or before October 1, 1997; or

      (b) As those provisions exist on the date that the shooting range begins operation, for a shooting range in operation after October 1, 1997.

Ê A shooting range is not subject to any state or local law related to the control of noise that is adopted or amended after the date set forth in paragraph (a) or (b), as applicable, and does not constitute a nuisance for failure to comply with any such law.

      7.  A request for emergency assistance by a tenant as described in sections 1 and 2 of this act is not a public nuisance.

      8.  As used in this section:

      (a) “Board of health” has the meaning ascribed to it in NRS 439.4797.

      (b) “Controlled substance analog” has the meaning ascribed to it in NRS 453.043.

      (c) “Criminal gang” has the meaning ascribed to it in NRS 193.168.

      (d) “Immediate precursor” has the meaning ascribed to it in NRS 453.086.

      (e) “Shooting range” has the meaning ascribed to it in NRS 40.140.

      Sec. 6. NRS 266.335 is hereby amended to read as follows:

      266.335  The city council may:

      1.  Except as otherwise provided in [subsection] subsections 3 and 4 of NRS 40.140 and [subsection] subsections 6 and 7 of NRS 202.450, determine by ordinance what shall be deemed nuisances.

      2.  Provide for the abatement, prevention and removal of the nuisances at the expense of the person creating, causing or committing the nuisances.

      3.  Provide that the expense of removal is a lien upon the property upon which the nuisance is located. The lien must:

      (a) Be perfected by recording with the county recorder a statement by the city clerk of the amount of expenses due and unpaid and describing the property subject to the lien.

      (b) Be coequal with the latest lien thereon to secure the payment of general taxes.

      (c) Not be subject to extinguishment by the sale of any property because of the nonpayment of general taxes.

      (d) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

      4.  Provide any other penalty or punishment of persons responsible for the nuisances.

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

________

 

 


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CHAPTER 72, AB 227

Assembly Bill No. 227–Assemblyman Carrillo

 

CHAPTER 72

 

[Approved: May 22, 2017]

 

AN ACT relating to domestic relations; revising provisions governing the recognition of domestic partnerships from other jurisdictions; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law recognizes a domestic partnership as a type of social contract in the State of Nevada which affords domestic partners the same rights, protections, benefits, responsibilities, obligations and duties as spouses. (Title 11 of NRS) Under existing law, a legal union that was validly formed in another jurisdiction and that is substantially equivalent to a domestic partnership must be recognized in this State if the parties register the domestic partnership with the Office of the Secretary of State. (NRS 122A.010-122A.510) Section 6 of this bill removes the requirement to register such a domestic partnership.

 

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 122A.030 is hereby amended to read as follows:

      122A.030  “Domestic partners” means persons who:

      1.  Have registered a valid domestic partnership pursuant to NRS 122A.100 [;] or have a recognized domestic partnership pursuant to NRS 122A.500; and

      2.  Have not terminated that domestic partnership pursuant to NRS 122A.300.

      Sec. 2. NRS 122A.040 is hereby amended to read as follows:

      122A.040  “Domestic partnership” means the social contract between two persons that is described in NRS 122A.100 [.] or is recognized pursuant to NRS 122A.500.

      Sec. 3. NRS 122A.100 is hereby amended to read as follows:

      122A.100  1.  A valid domestic partnership is registered in the State of Nevada when two persons who satisfy the requirements of subsection 2:

      (a) File with the Office of the Secretary of State, on a form prescribed by the Secretary of State, a signed and notarized statement declaring that both persons:

             (1) Have chosen to share one another’s lives in an intimate and committed relationship of mutual caring; and

             (2) Desire of their own free will to enter into a domestic partnership; and

      (b) Pay to the Office of the Secretary of State a reasonable filing fee established by the Secretary of State, which filing fee must not exceed the total of an amount set by the Secretary of State to estimate:

             (1) The cost incurred by the Secretary of State to issue the Certificate described in subsection 3; and

             (2) Any other associated administrative costs incurred by the Secretary of State.

 


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Ê The Office of the Secretary of State shall account for the fees received pursuant to paragraph (b) separately, and use those fees, and any interest and income earned on those fees, solely to pay for expenses related to administering the registration of domestic partnerships pursuant to this chapter, including, without limitation, the cost of materials and technology necessary to process and record the filing. At the end of each fiscal year, the Secretary of State shall reconcile the amount of the fees received pursuant to paragraph (b) and the expenses related to administering the registration of domestic partnerships pursuant to this chapter and deposit any excess fees received with the State Treasurer for credit to the State General Fund.

      2.  To be eligible to register pursuant to subsection 1, two persons desiring to enter into a domestic partnership must furnish proof satisfactory to the Office of the Secretary of State that:

      (a) Both persons have a common residence;

      (b) [Except as otherwise provided in NRS 122A.500, neither] Neither person is married or a member of another domestic partnership;

      (c) The two persons are not related by blood in a way that would prevent them from being married to each other in this State;

      (d) Both persons are at least 18 years of age; and

      (e) Both persons are competent to consent to the domestic partnership.

      3.  The Office of the Secretary of State shall issue a Certificate of Registered Domestic Partnership to persons who satisfy the applicable requirements of this section.

      4.  As used in this section:

      (a) “Common residence” means a residence shared by both domestic partners on at least a part-time basis, irrespective of whether:

             (1) Ownership of the residence or the right to occupy the residence is in the name of only one of the domestic partners; and

             (2) One or both of the domestic partners owns or occupies an additional residence.

      (b) “Residence” means any house, room, apartment, tenement or other building, vehicle, vehicle trailer, semitrailer, house trailer or boat designed or intended for occupancy as a residence.

      Sec. 4. NRS 122A.200 is hereby amended to read as follows:

      122A.200  1.  Except as otherwise provided in NRS 122A.210:

      (a) Domestic partners have the same rights, protections and benefits, and are subject to the same responsibilities, obligations and duties under law, whether derived from statutes, administrative regulations, court rules, government policies, common law or any other provisions or sources of law, as are granted to and imposed upon spouses.

      (b) Former domestic partners have the same rights, protections and benefits, and are subject to the same responsibilities, obligations and duties under law, whether derived from statutes, administrative regulations, court rules, government policies, common law or any other provisions or sources of law, as are granted to and imposed upon former spouses.

      (c) A surviving domestic partner, following the death of the other partner, has the same rights, protections and benefits, and is subject to the same responsibilities, obligations and duties under law, whether derived from statutes, administrative regulations, court rules, government policies, common law or any other provisions or sources of law, as are granted to and imposed upon a widow or a widower.

 


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      (d) The rights and obligations of domestic partners with respect to a child of either of them are the same as those of spouses. The rights and obligations of former or surviving domestic partners with respect to a child of either of them are the same as those of former or surviving spouses.

      (e) To the extent that provisions of Nevada law adopt, refer to or rely upon provisions of federal law in a way that otherwise would cause domestic partners to be treated differently from spouses, domestic partners must be treated by Nevada law as if federal law recognized a domestic partnership in the same manner as Nevada law.

      (f) Domestic partners have the same right to nondiscriminatory treatment as that provided to spouses.

      (g) A public agency in this State shall not discriminate against any person or couple on the basis or ground that the person is a domestic partner rather than a spouse or that the couple are domestic partners rather than spouses.

      (h) The provisions of this chapter do not preclude a public agency from exercising its regulatory authority to carry out laws providing rights to, or imposing responsibilities upon, domestic partners.

      (i) Where necessary to protect the rights of domestic partners pursuant to this chapter, gender-specific terms referring to spouses must be construed to include domestic partners.

      (j) For the purposes of the statutes, administrative regulations, court rules, government policies, common law and any other provision or source of law governing the rights, protections and benefits, and the responsibilities, obligations and duties of domestic partners in this State, as effectuated by the provisions of this chapter, with respect to:

             (1) Community property;

             (2) Mutual responsibility for debts to third parties;

             (3) The right in particular circumstances of either partner to seek financial support from the other following the dissolution of the partnership; and

             (4) Other rights and duties as between the partners concerning ownership of property,

Ê any reference to the date of a marriage shall be deemed to refer to the date of registration of the domestic partnership [.] pursuant to NRS 122A.100 or, if the domestic partnership is recognized pursuant to NRS 122A.500, the date on which the legal union of the domestic partnership was validly formed in the other jurisdiction.

      2.  As used in this section, “public agency” means an agency, bureau, board, commission, department or division of the State of Nevada or a political subdivision of the State of Nevada.

      Sec. 5. NRS 122A.300 is hereby amended to read as follows:

      122A.300  1.  Except as otherwise provided in subsection 2, domestic partners who wish to terminate a domestic partnership registered pursuant to NRS 122A.100 or is recognized pursuant to NRS 122A.500 must follow the procedures set forth in chapter 125 of NRS.

      2.  If a domestic partnership meets the criteria specified in subsection 3, domestic partners in a domestic partnership registered pursuant to NRS 122A.100 may terminate the domestic partnership by:

 

 


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      (a) Filing with the Office of the Secretary of State, on a form prescribed by the Secretary of State, a signed and notarized statement declaring that both persons have chosen of their own free will to terminate the domestic partnership; and

      (b) Paying to the Office of the Secretary of State a reasonable filing fee established by the Secretary of State, which filing fee must not exceed the total of any administrative costs incurred by the Secretary of State.

      3.  For a domestic partnership to qualify for the simplified termination proceedings set forth in subsection 2, all of the following conditions must exist at the time of the filing pursuant to that subsection:

      (a) The domestic partnership has been registered for 5 years or less.

      (b) There are no minor children of the relationship of the parties born before or during the domestic partnership or adopted by the parties during the domestic partnership and no female member of the domestic partnership, to her knowledge, is pregnant, or the parties have executed an agreement as to the custody of any children and setting forth the amount and manner of their support.

      (c) There is no community or joint property or the parties have executed an agreement setting forth the division of community property and the assumption of liabilities of the community, if any, and have executed any deeds, certificates of title, bills of sale or other evidence of transfer necessary to effectuate the agreement.

      (d) The parties waive any rights to support or the parties have executed an agreement setting forth the amount and manner of support.

      (e) The parties waive any right to the conduct of more comprehensive proceedings pursuant to chapter 125 of NRS.

      Sec. 6. NRS 122A.500 is hereby amended to read as follows:

      122A.500  A legal union of two persons, other than a marriage as recognized by the Nevada Constitution, that was validly formed in another jurisdiction, and that is substantially equivalent to a domestic partnership as defined in this chapter, must be recognized as a valid domestic partnership in this State regardless of whether the union bears the name of a domestic partnership [. For a legal union that was validly formed in another jurisdiction to be recognized as a valid domestic partnership] or is registered in this State . [, the parties desiring such recognition must comply with the provisions of paragraph (b) of subsection 1 of NRS 122A.100.]

      Sec. 7. NRS 126.520 is hereby amended to read as follows:

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

      Sec. 8. NRS 1A.555 is hereby amended to read as follows:

      1A.555  “Domestic partner” means a person who is in a domestic partnership which is registered or recognized pursuant to chapter 122A of NRS and which has not been terminated pursuant to that chapter.

      Sec. 9. NRS 159.0613 is hereby amended to read as follows:

      159.0613  1.  Except as otherwise provided in subsection 3, in a proceeding to appoint a guardian for an adult, the court shall give preference to a nominated person or relative, in that order of preference:

      (a) Whether or not the nominated person or relative is a resident of this State; and

      (b) If the court determines that the nominated person or relative is qualified and suitable to be appointed as guardian for the adult.

 


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      2.  In determining whether any nominated person, relative or other person listed in subsection 4 is qualified and suitable to be appointed as guardian for an adult, the court shall consider, if applicable and without limitation:

      (a) The ability of the nominated person, relative or other person to provide for the basic needs of the adult, including, without limitation, food, shelter, clothing and medical care;

      (b) Whether the nominated person, relative or other person has engaged in the habitual use of alcohol or any controlled substance during the previous 6 months, except the use of marijuana in accordance with the provisions of chapter 453A of NRS;

      (c) Whether the nominated person, relative or other person has been judicially determined to have committed abuse, neglect, exploitation, isolation or abandonment of a child, his or her spouse, his or her parent or any other adult, unless the court finds that it is in the best interests of the ward to appoint the person as guardian for the adult;

      (d) Whether the nominated person, relative or other person is incompetent or has a disability; and

      (e) Whether the nominated person, relative or other person has been convicted in this State or any other jurisdiction of a felony, unless the court determines that any such conviction should not disqualify the person from serving as guardian for the adult.

      3.  If the court finds that two or more nominated persons are qualified and suitable to be appointed as guardian for an adult, the court may appoint two or more nominated persons as co-guardians or shall give preference among them in the following order of preference:

      (a) A person whom the adult nominated for the appointment as guardian for the adult in a will, trust or other written instrument that is part of the adult’s established estate plan and was executed by the adult while competent.

      (b) A person whom the adult requested for the appointment as guardian for the adult in a written instrument that is not part of the adult’s established estate plan and was executed by the adult while competent.

      4.  Subject to the preferences set forth in subsections 1 and 3, the court shall appoint as guardian the qualified person who is most suitable and is willing to serve. In determining which qualified person is most suitable, the court shall, in addition to considering any applicable factors set forth in subsection 2, give consideration, among other factors, to:

      (a) Any nomination or request for the appointment as guardian by the adult.

      (b) Any nomination or request for the appointment as guardian by a relative.

      (c) The relationship by blood, adoption, marriage or domestic partnership of the proposed guardian to the adult. In considering preferences of appointment, the court may consider relatives of the half blood equally with those of the whole blood. The court may consider any relative in the following order of preference:

             (1) A spouse or domestic partner.

             (2) A child.

             (3) A parent.

 


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             (4) Any relative with whom the adult has resided for more than 6 months before the filing of the petition or any relative who has a power of attorney executed by the adult while competent.

             (5) Any relative currently acting as agent.

             (6) A sibling.

             (7) A grandparent or grandchild.

             (8) An uncle, aunt, niece, nephew or cousin.

             (9) Any other person recognized to be in a familial relationship with the adult.

      (d) Any recommendation made by a master of the court or special master pursuant to NRS 159.0615.

      (e) Any request for the appointment of any other interested person that the court deems appropriate, including, without limitation, a person who is not a relative and who has a power of attorney executed by the adult while competent.

      5.  The court may appoint as guardian any nominated person, relative or other person listed in subsection 4 who is not a resident of this State. The court shall not give preference to a resident of this State over a nonresident if the court determines that:

      (a) The nonresident is more qualified and suitable to serve as guardian; and

      (b) The distance from the proposed guardian’s place of residence and the adult’s place of residence will not affect the quality of the guardianship or the ability of the proposed guardian to make decisions and respond quickly to the needs of the adult because:

             (1) A person or care provider in this State is providing continuing care and supervision for the adult;

             (2) The adult is in a secured residential long-term care facility in this State; or

             (3) Within 30 days after the appointment of the proposed guardian, the proposed guardian will move to this State or the adult will move to the proposed guardian’s state of residence.

      6.  If the court appoints a nonresident as guardian for the adult:

      (a) The jurisdictional requirements of NRS 159.1991 to 159.2029, inclusive, must be met;

      (b) The court shall order the guardian to designate a registered agent in this State in the same manner as a represented entity pursuant to chapter 77 of NRS; and

      (c) The court may require the guardian to complete any available training concerning guardianships pursuant to NRS 159.0592, in this State or in the state of residence of the guardian, regarding:

             (1) The legal duties and responsibilities of the guardian pursuant to this chapter;

             (2) The preparation of records and the filing of annual reports regarding the finances and well-being of the adult required pursuant to NRS 159.073;

             (3) The rights of the adult;

             (4) The availability of local resources to aid the adult; and

             (5) Any other matter the court deems necessary or prudent.

      7.  If the court finds that there is not any suitable nominated person, relative or other person listed in subsection 4 to appoint as guardian, the court may appoint as guardian:

 


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      (a) The public guardian of the county where the adult resides if:

             (1) There is a public guardian in the county where the adult resides; and

             (2) The adult qualifies for a public guardian pursuant to chapter 253 of NRS;

      (b) A private fiduciary who may obtain a bond in this State and who is a resident of this State, if the court finds that the interests of the adult will be served appropriately by the appointment of a private fiduciary; or

      (c) A private professional guardian who meets the requirements of NRS 159.0595.

      8.  A person is not qualified to be appointed as guardian for an adult if the person has been suspended for misconduct or disbarred from any of the professions listed in this subsection, but the disqualification applies only during the period of the suspension or disbarment. This subsection applies to:

      (a) The practice of law;

      (b) The practice of accounting; or

      (c) Any other profession that:

             (1) Involves or may involve the management or sale of money, investments, securities or real property; and

             (2) Requires licensure in this State or any other state in which the person practices his or her profession.

      9.  As used in this section:

      (a) “Adult” means a person who is a ward or a proposed ward and who is not a minor.

      (b) “Domestic partner” means a person in a domestic partnership.

      (c) “Domestic partnership” means [:

             (1) A] a domestic partnership as defined in NRS 122A.040 . [; or

             (2) A domestic partnership which was validly formed in another jurisdiction and which is substantially equivalent to a domestic partnership as defined in NRS 122A.040, regardless of whether it bears the name of a domestic partnership or is registered in this State.]

      (d) “Nominated person” means a person, whether or not a relative, whom an adult:

             (1) Nominates for the appointment as guardian for the adult in a will, trust or other written instrument that is part of the adult’s established estate plan and was executed by the adult while competent.

             (2) Requests for the appointment as guardian for the adult in a written instrument that is not part of the adult’s established estate plan and was executed by the adult while competent.

      (e) “Relative” means a person who is 18 years of age or older and who is related to the adult by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity.

      Sec. 10. NRS 195.030 is hereby amended to read as follows:

      195.030  1.  Every person who is not the spouse or domestic partner of the offender and who, after the commission of a felony, destroys or conceals, or aids in the destruction or concealment of, material evidence, or harbors or conceals such offender with intent that the offender may avoid or escape from arrest, trial, conviction or punishment, having knowledge that such offender has committed a felony or is liable to arrest, is an accessory to the felony.

      2.  Every person who is not the spouse, domestic partner, brother or sister, parent or grandparent, child or grandchild of the offender, who, after the commission of a gross misdemeanor, harbors, conceals or aids such offender with intent that the offender may avoid or escape from arrest, trial, conviction or punishment, having knowledge that such offender has committed a gross misdemeanor or is liable to arrest, is an accessory to the gross misdemeanor.

 


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ê2017 Statutes of Nevada, Page 295 (Chapter 72, AB 227)ê

 

the commission of a gross misdemeanor, harbors, conceals or aids such offender with intent that the offender may avoid or escape from arrest, trial, conviction or punishment, having knowledge that such offender has committed a gross misdemeanor or is liable to arrest, is an accessory to the gross misdemeanor.

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

      Sec. 11. NRS 218C.582 is hereby amended to read as follows:

      218C.582  1.  The spouse of a Legislator who is a member of the Legislators’ Retirement System killed in the course of legislative service on or after July 1, 2013, is entitled to receive a monthly allowance equivalent to the greater of:

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

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

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

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

      (a) This section; or

      (b) NRS 218C.580.

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

      5.  As used in this section:

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

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

      Sec. 12. NRS 218H.036 is hereby amended to read as follows:

      218H.036  “Domestic partnership” means [:

      1.  A] a domestic partnership as defined in NRS 122A.040 . [; or

      2.  A domestic partnership which was validly formed in another jurisdiction and which is substantially equivalent to a domestic partnership as defined in NRS 122A.040, regardless of whether it bears the name of a domestic partnership or is registered in this State.]

      Sec. 13. NRS 281.5582 is hereby amended to read as follows:

      281.5582  “Domestic partnership” means [:

      1.  A] a domestic partnership as defined in NRS 122A.040 . [; or

      2.  A domestic partnership which was validly formed in another jurisdiction and which is substantially equivalent to a domestic partnership as defined in NRS 122A.040, regardless of whether it bears the name of a domestic partnership or is registered in this State.]

      Sec. 14. NRS 281A.086 is hereby amended to read as follows:

      281A.086  “Domestic partnership” means [:

      1.  A] a domestic partnership as defined in NRS 122A.040 . [; or

      2.  A domestic partnership which was validly formed in another jurisdiction and which is substantially equivalent to a domestic partnership as defined in NRS 122A.040, regardless of whether it bears the name of a domestic partnership or is registered in this State.]

 


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ê2017 Statutes of Nevada, Page 296 (Chapter 72, AB 227)ê

 

defined in NRS 122A.040, regardless of whether it bears the name of a domestic partnership or is registered in this State.]

      Sec. 15. NRS 286.671 is hereby amended to read as follows:

      286.671  As used in NRS 286.671 to 286.679, inclusive:

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

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

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

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

      Sec. 16.  This act becomes effective on July 1, 2017.

________

CHAPTER 73, SB 29

Senate Bill No. 29–Committee on Judiciary

 

CHAPTER 73

 

[Approved: May 22, 2017]

 

AN ACT relating to courts; authorizing a justice court and a municipal court to transfer a criminal case to another such court or a district court in certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a justice court or a municipal court to assign a veteran or a member of the military to a program of treatment in certain circumstances. (NRS 4.374, 5.057) Sections 1.3 and 2.3 of this bill authorize a justice court or municipal court to transfer a criminal case to another justice court or municipal court of this State in certain circumstances if: (1) the case involves criminal conduct that occurred outside the county, township or city where the justice court or municipal court is located; (2) such a transfer is necessary to promote access to justice for the defendant; or (3) the defendant agrees to participate in a program of treatment or access other services located elsewhere in this State.

      Sections 1.7 and 2.7 of this bill authorize a justice court or municipal court to transfer a criminal case to a district court if the defendant agrees to participate in a program of treatment or to access other services located elsewhere in this State. Sections 1.7 and 2.7 also provide that a justice court or municipal court may not transfer a criminal case in that manner until a plea agreement has been reached or final disposition of the case.

 


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ê2017 Statutes of Nevada, Page 297 (Chapter 73, SB 29)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 4 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.7 of this act.

      Sec. 1.3. 1.  A justice court may, on its own motion, transfer original jurisdiction of a criminal case filed with that court to another justice court or a municipal court if:

      (a) The case involves criminal conduct that occurred outside the limits of the county or township where the court is located and the defendant has appeared before a magistrate pursuant to NRS 171.178;

      (b) Such a transfer is necessary to promote access to justice for the defendant and the justice court has noted its findings concerning that issue in the record; or

      (c) The defendant agrees to participate in a program of treatment, including, without limitation, a program of treatment made available pursuant to NRS 176A.250, 176A.280, 453.580 or 458.300, or to access other services located elsewhere in this State.

      2.  A justice court may not issue an order for the transfer of a case pursuant to paragraph (b) or (c) of subsection 1 until a plea agreement has been reached or the final disposition of the case, whichever occurs first.

      3.  An order issued by a justice court which transfers a case pursuant to this section becomes effective after a notice of acceptance is returned by the justice court or municipal court to which the case was transferred. If a justice court or municipal court refuses to accept the transfer of a case pursuant to subsection 1, the case must be returned to the justice court which sought the transfer.

      Sec. 1.7. 1.  A justice court may, on its own motion, transfer original jurisdiction of a criminal case filed with that court to a district court in this State if the defendant agrees to participate in a program of treatment, including, without limitation, a program of treatment made available pursuant to NRS 176A.250, 176A.280, 453.580 or 458.300, or to access other services located elsewhere in this State.

      2.  A justice court may not issue an order for the transfer of a case pursuant to this section before a plea agreement has been reached or the disposition of the case, whichever occurs first.

      3.  An order issued by a justice court which transfers a case pursuant to this section becomes effective after a notice of acceptance is returned by the district court to which the case was transferred. If a district court refuses to accept the transfer of a case pursuant to subsection 1, the case must be returned to the justice court which sought the transfer.

      Sec. 2. Chapter 5 of NRS is hereby amended by adding thereto the provisions set forth as sections 2.3 and 2.7 of this act.

      Sec. 2.3. 1.  A municipal court may, on its own motion, transfer original jurisdiction of a criminal case filed with that court to a justice court or another municipal court if:

      (a) The case involves criminal conduct that occurred outside the limits of the city where the court is located and the defendant has appeared before a magistrate pursuant to NRS 171.178;

 


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ê2017 Statutes of Nevada, Page 298 (Chapter 73, SB 29)ê

 

      (b) Such a transfer is necessary to promote access to justice for the defendant and the municipal court has noted its findings concerning that issue in the record; or

      (c) The defendant agrees to participate in a program of treatment, including, without limitation, a program of treatment made available pursuant to NRS 176A.250, 176A.280, 453.580 or 458.300, or to access other services located elsewhere in this State.

      2.  A municipal court may not issue an order for the transfer of a case pursuant to paragraph (b) or (c) of subsection 1 until a plea agreement has been reached or the final disposition of the case, whichever occurs first.

      3.  An order issued by a municipal court which transfers a case pursuant to this section becomes effective after a notice of acceptance is returned by the justice court or municipal court to which the case was transferred. If a justice court or municipal court refuses to accept the transfer of a case pursuant to subsection 1, the case must be returned to the municipal court which sought the transfer.

      Sec. 2.7. 1.  A municipal court may, on its own motion, transfer original jurisdiction of a criminal case filed with that court to a district court in this State if the defendant agrees to participate in a program of treatment, including, without limitation, a program of treatment made available pursuant to NRS 176A.250, 176A.280, 453.580 or 458.300, or to access other services located elsewhere in this State.

      2.  A municipal court may not issue an order transferring a case pursuant to this section before a plea agreement has been reached or the disposition of the case, whichever occurs first.

      3.  An order issued by a municipal court which transfers a case pursuant to this section becomes effective after a notice of acceptance is returned by the district court to which the case was transferred. If a district court refuses to accept the transfer of a case pursuant to subsection 1, the case must be returned to the municipal court which sought the transfer.

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

________

 

 

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 299ê

 

CHAPTER 74, AB 258

Assembly Bill No. 258–Assemblymen Frierson, Carlton, Monroe-Moreno, Benitez-Thompson, Carrillo; Araujo, Bilbray-Axelrod, Brooks, Bustamante Adams, Cohen, Daly, Diaz, Flores, Fumo, Jauregui, Joiner, Miller, Neal, Ohrenschall, Spiegel, Sprinkle, Swank, Watkins and Yeager

 

CHAPTER 74

 

[Approved: May 23, 2017]

 

AN ACT relating to the Nevada Commission for Women; revising provisions governing the members, officers and powers of the Commission; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Nevada Commission for Women and provides for the membership, officers, powers and duties of the Commission. (Chapter 233I of NRS) Section 1 of this bill declares the legislative intent for the creation of the Commission as the advancement of women toward full equality in all areas.

      Existing law requires that the members appointed to the Commission reflect varied political philosophies regarding issues of concern to women and that not more than five members of the Commission be from the same political party. (NRS 233I.020) Section 1 expands the qualifications for membership to require that, insofar as practicable, the membership of the Commission reflect the diversity of this State.

      Under existing law, members of the Commission serve terms of 3 years and are eligible for reappointment to an additional consecutive term. (NRS 233I.030) The Governor is required under existing law to designate a Chair and Vice Chair of the Commission. The term of the Chair, Vice Chair and any other officer of the Commission is 1 year. (NRS 233I.020) Section 1 authorizes the Governor to reappoint a Chair, Vice Chair or other officer of the Commission to an additional term of 1 year.

      Existing law: (1) requires the Commission to study the changing roles of women in society and recommend proposed legislation; and (2) authorizes the Commission to collect and disseminate information on activities, programs and essential services available to women in this State. (NRS 233I.060) Section 2 of this bill grants the Commission additional powers toward its declared mission of advancing women toward full equality in all areas.

      Existing law authorizes the Commission to engage the services of volunteers and consultants without compensation. (NRS 233I.080) Under existing law, the Commission is authorized to apply for and receive gifts, grants, contributions and other money from public and private sources to be used for the costs of carrying out its powers and duties. (NRS 233I.090) Section 3 of this bill authorizes the Commission to pay for the services of consultants as independent contractors for specific projects from the money received by the Commission.

 

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 233I.020 is hereby amended to read as follows:

      233I.020  1.  The Legislature hereby finds and declares that the creation of the Nevada Commission for Women is necessary to advance women toward full equality in all areas.

 


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ê2017 Statutes of Nevada, Page 300 (Chapter 74, AB 258)ê

 

      2.  The Nevada Commission for Women, consisting of 10 members appointed by the Governor, is hereby created.

      [2.]3.  The members appointed to the Commission must , insofar as practicable, reflect the diversity of this State, including, without limitation, the varied political philosophies regarding issues of concern to women.

      [3.]4.  The Governor shall designate one member of the Commission to serve as Chair and one member of the Commission to serve as Vice Chair.

      [4.]5.  Each Chair, Vice Chair and other officer of the Commission shall serve for a term of 1 year [.

      5.]and may be reappointed for one additional term.

      6.  No more than five members of the Commission may be from the same political party.

      Sec. 2. NRS 233I.060 is hereby amended to read as follows:

      233I.060  1.  The Commission shall study the changing and developing roles of women in society, including , without limitation, the recognition of socioeconomic factors that influence the status of women, and recommend proposed legislation.

      2.  The Commission may [collect] :

      (a) Collect and disseminate information on activities, programs and essential services available to women in Nevada.

      (b) Advise executive and legislative bodies on the effect of proposed legislation on women.

      (c) Inform the news media, educators, governmental officers, professional, business and labor leaders and other persons in positions of authority or influence about issues pertaining to women.

      (d) Provide referrals and serve as a resource for information on issues pertaining to women.

      (e) Identify and recommend qualified women for positions in all levels of government.

      (f) Promote and facilitate collaboration among commissions and organizations for women at the local, state and national levels.

      (g) Recognize and promote the contributions that women in this State make at the local, state and national levels.

      (h) Enter into any contract or other agreement appropriate to carry out the provisions of this chapter, subject to the prior approval of the Director of the Department of Administration.

      (i) Prepare an annual work program outlining the objectives and tasks of the Commission for the year.

      Sec. 3. NRS 233I.080 is hereby amended to read as follows:

      233I.080  1.  The Director of the Department of Administration shall provide staff assistance to the Commission as the Governor deems appropriate.

      2.  The Commission may engage the services of [volunteer] :

      (a) Volunteer workers ; and [consultants without salary]

      (b) Consultants on specific projects pursuant to NRS 333.700 as is necessary from time to time [.] , within the limits of money available to the Commission pursuant to NRS 233I.090.

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

________

 


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ê2017 Statutes of Nevada, Page 301ê

 

CHAPTER 75, SB 112

Senate Bill No. 112–Senators Ratti and Kieckhefer

 

CHAPTER 75

 

[Approved: May 23, 2017]

 

AN ACT relating to education; requiring a course of study in health prescribed for pupils enrolled in middle school, junior high school or high school to include certain information on organ and tissue donation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the State Board of Education to adopt regulations establishing a course of study in health for pupils enrolled in middle school, junior high school or high school, including pupils enrolled in those grade levels at a charter school, that includes, to the extent money is available, instruction in hands-only or compression-only cardiopulmonary resuscitation and the use of an automated external defibrillator. (NRS 389.018, 389.021) This bill requires that such a course of study in health include instruction in organ and tissue donation, including, without limitation: (1) how to register as a donor and the rules governing donor gifts in this State, pursuant to the Revised Uniform Anatomical Gift Act; (2) the societal and individual benefits of organ and tissue donation; and (3) facts about organ and tissue donation.

 

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) To the extent money is available for this purpose:

                   (I) 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)](II) The use of an automated external defibrillator [.] ; and

             (2) Organ and tissue donation, including, without limitation:

                   (I) How to register as a donor and the rules governing donor gifts in this State pursuant to NRS 451.500 to 451.598, inclusive;

                   (II) The societal and individual benefits of organ and tissue donation; and

                   (III) Facts about organ and tissue donation.

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

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

 


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ê2017 Statutes of Nevada, Page 302 (Chapter 75, SB 112)ê

 

      (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 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) The board of trustees of the school district or the governing body of the charter school may collaborate with entities to assist in the provision of the instruction and the provision of equipment necessary for the instruction, including, without limitation, fire departments, hospitals, colleges and universities and public health agencies.

      (c) 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 is not required to complete the instruction to pass the course of study in health.

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

________

CHAPTER 76, AB 135

Assembly Bill No. 135–Committee on Judiciary

 

CHAPTER 76

 

[Approved: May 23, 2017]

 

AN ACT relating to public safety; revising provisions relating to prohibited acts concerning the use of marijuana and the operation of a vehicle or vessel; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that it is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access if the person is under the influence of a controlled substance or has certain specified amounts of a prohibited substance in his or her blood or urine, including marijuana and marijuana metabolite. (NRS 484C.110) Section 1 of this bill removes the specified amounts of marijuana and marijuana metabolite in a person’s urine, thereby providing that the amount of marijuana or marijuana metabolite in a person’s system can only be measured through his or her blood. Sections 2 and 6 of this bill make the same changes to similar provisions of existing law relating to a person driving or being in actual physical control of a commercial motor vehicle on a highway or on premises to which the public has access or operating or being in actual physical control of a vessel under power or sail on the waters of this State, respectively. Sections 3-5 and 7-17 of this bill make conforming changes.

 


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ê2017 Statutes of Nevada, Page 303 (Chapter 76, AB 135)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 484C.110 is hereby amended to read as follows:

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

      (a) Is under the influence of intoxicating liquor;

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

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

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

      2.  It is unlawful for any person who:

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

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

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

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

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

 

                                                                                          Urine                            Blood

                                                                              Nanograms                  Nanograms

      Prohibited substance                                   per milliliter                  per milliliter

 

      (a) Amphetamine                                                     500                                100

      (b) Cocaine                                                                150                                  50

      (c) Cocaine metabolite                                            150                                  50

      (d) Heroin                                                               2,000                                  50

      (e) Heroin metabolite:

             (1) Morphine                                                   2,000                                  50

             (2) 6-monoacetyl morphine                               10                                  10

      (f) Lysergic acid diethylamide                                 25                                  10

      (g) [Marijuana                                                             10                                    2

      (h) Marijuana metabolite                                         15                                    5

      (i)] Methamphetamine                                            500                                100

      [(j)](h) Phencyclidine                                               25                                  10

 

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

 


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ê2017 Statutes of Nevada, Page 304 (Chapter 76, AB 135)ê

 

access with an amount of any of the following prohibited substances in his or her blood that is equal to or greater than:

 

                                                                                                                               Blood

                                                                                                                     Nanograms

      Prohibited substance                                                                      per milliliter

 

      (a) Marijuana (delta-9-tetrahydrocannabinol)                                            2

      (b) Marijuana metabolite (11-OH-tetrahydrocannabinol)                        5

 

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

      [5.]6.  A person who violates any provision of this section may be subject to any additional penalty set forth in NRS 484B.130 or 484B.135.

      Sec. 2. NRS 484C.120 is hereby amended to read as follows:

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

      (a) Is under the influence of intoxicating liquor;

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

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

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

      2.  It is unlawful for any person who:

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

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

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

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

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

 


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                                                                                          Urine                            Blood

                                                                               Nanograms                  Nanograms

      Prohibited substance                                   per milliliter                  per milliliter

 

      (a) Amphetamine                                                     500                                100

      (b) Cocaine                                                                150                                  50

      (c) Cocaine metabolite                                            150                                  50

      (d) Heroin                                                               2,000                                  50

      (e) Heroin metabolite:

             (1) Morphine                                                   2,000                                  50

             (2) 6-monoacetyl morphine                               10                                  10

      (f) Lysergic acid diethylamide                                 25                                  10

      (g) [Marijuana                                                             10                                    2

      (h) Marijuana metabolite                                         15                                    5

      (i)] Methamphetamine                                            500                                100

      [(j)](h) Phencyclidine                                               25                                  10

 

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

 

                                                                                                                               Blood

                                                                                                                     Nanograms

      Prohibited substance                                                                      per milliliter

 

      (a) Marijuana (delta-9-tetrahydrocannabinol)                                            2

      (b) Marijuana metabolite (11-OH-tetrahydrocannabinol)                        5

 

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

      [5.]6.  A person who violates any provision of this section may be subject to any additional penalty set forth in NRS 484B.130 or 484B.135.

      [6.]7.  As used in this section:

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

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

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

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

 


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

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

      Sec. 3. NRS 484C.130 is hereby amended to read as follows:

      484C.130  1.  A person commits vehicular homicide if the person:

      (a) Drives or is in actual physical control of a vehicle on or off the highways of this State and:

             (1) Is under the influence of intoxicating liquor;

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

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

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

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

             (6) Has a prohibited substance in his or her blood or urine , as applicable, in an amount that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110;

      (b) Proximately causes the death of another person while driving or in actual physical control of a vehicle on or off the highways of this State; and

      (c) Has previously been convicted of at least three offenses.

      2.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under subparagraph (3) of paragraph (a) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his or her blood or breath was tested, to cause the defendant to have a concentration of alcohol of 0.08 or more in his or her blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      3.  As used in this section, “offense” means:

      (a) A violation of NRS 484C.110, 484C.120 or 484C.430;

      (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by this section or NRS 484C.110 or 484C.430; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).

      Sec. 4. NRS 484C.160 is hereby amended to read as follows:

      484C.160  1.  Except as otherwise provided in subsections 4 and 5, any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his or her consent to an evidentiary test of his or her blood, urine, breath or other bodily substance to determine the concentration of alcohol in his or her blood or breath or to determine whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present, if such a test is administered at the request of a police officer having reasonable grounds to believe that the person to be tested was:

 


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his or her consent to an evidentiary test of his or her blood, urine, breath or other bodily substance to determine the concentration of alcohol in his or her blood or breath or to determine whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present, if such a test is administered at the request of a police officer having reasonable grounds to believe that the person to be tested was:

      (a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or with a prohibited substance in his or her blood or urine; or

      (b) Engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130 or 484C.430.

      2.  A police officer who requests that a person submit to a test pursuant to subsection 1 shall inform the person that his or her license, permit or privilege to drive will be revoked if he or she fails to submit to the test.

      3.  If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person to be tested.

      4.  Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.

      5.  If the concentration of alcohol in the blood or breath of the person to be tested is in issue:

      (a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.

      (b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, the person must pay for the cost of the blood test, including the fees and expenses of witnesses whose testimony in court or an administrative hearing is necessary because of the use of the blood test. The expenses of such a witness may be assessed at an hourly rate of not less than:

             (1) Fifty dollars for travel to and from the place of the proceeding; and

             (2) One hundred dollars for giving or waiting to give testimony.

      (c) Except as otherwise provided in NRS 484C.200, not more than three samples of the person’s blood or breath may be taken during the 5-hour period immediately following the time of the initial arrest.

      6.  [If] Except as otherwise provided in subsection 7, if the presence of a controlled substance, chemical, poison, organic solvent or another prohibited substance in the blood or urine of the person is in issue, the officer may request that the person submit to a blood or urine test, or both.

      7.  If the presence of marijuana in the blood of the person is in issue, the officer may request that the person submit to a blood test.

      8.  Except as otherwise provided in subsections 4 and 6, a police officer shall not request that a person submit to a urine test.

      [8.]9.  If a person to be tested fails to submit to a required test as requested by a police officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was:

 


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      (a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or with a prohibited substance in his or her blood or urine; or

      (b) Engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130 or 484C.430,

Ê the officer may apply for a warrant or court order directing that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested.

      [9.]10.  If a person who is less than 18 years of age is requested to submit to an evidentiary test pursuant to this section, the officer shall, before testing the person, make a reasonable attempt to notify the parent, guardian or custodian of the person, if known.

      Sec. 5. NRS 484C.430 is hereby amended to read as follows:

      484C.430  1.  Unless a greater penalty is provided pursuant to NRS 484C.440, a person who:

      (a) Is under the influence of intoxicating liquor;

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

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

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

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

      (f) Has a prohibited substance in his or her blood or urine , as applicable, in an amount that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110,

Ê and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this State, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, another person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      2.  A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the attorney knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.

      3.  Except as otherwise provided in subsection 4, if consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his or her blood or breath was tested, to cause the defendant to have a concentration of alcohol of 0.08 or more in his or her blood or breath.

 


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defendant to have a concentration of alcohol of 0.08 or more in his or her blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      4.  If the defendant is also charged with violating the provisions of NRS 484E.010, 484E.020 or 484E.030, the defendant may not offer the affirmative defense set forth in subsection 3.

      5.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      Sec. 6. NRS 488.410 is hereby amended to read as follows:

      488.410  1.  It is unlawful for any person who:

      (a) Is under the influence of intoxicating liquor;

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

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

Ê to operate or be in actual physical control of a vessel under power or sail on the waters of this State.

      2.  It is unlawful for any person who:

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

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

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

Ê to operate or be in actual physical control of a vessel under power or sail on the waters of this State.

      3.  It is unlawful for any person to operate or be in actual physical control of a vessel under power or sail on the waters of this State with an amount of [a] any of the following prohibited [substance] substances in his or her blood or urine that is equal to or greater than:

 

                                                                                          Urine                            Blood

                                                                               Nanograms                  Nanograms

      Prohibited substance                                   per milliliter                  per milliliter

 

      (a) Amphetamine                                                 500                                   100

      (b) Cocaine                                                            150                                     50

      (c) Cocaine metabolite                                        150                                     50

      (d) Heroin                                                            2,000                                     50

      (e) Heroin metabolite:

             (1) Morphine                                                2,000                                     50

             (2) 6-monoacetyl morphine                            10                                     10

      (f) Lysergic acid diethylamide                              25                                     10

      (g) [Marijuana                                                         10                                        2

      (h) Marijuana metabolite                                      15                                        5

      (i)] Methamphetamine                                        500                                   100

      [(j)](h) Phencyclidine                                            25                                     10

 


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      4.  It is unlawful for any person to operate or be in actual physical control of a vessel under power or sail on the waters of this State with an amount of any of the following prohibited substances in his or her blood that is equal to or greater than:

 

                                                                                                                               Blood

                                                                                                                     Nanograms

      Prohibited substance                                                                      per milliliter

 

      (a) Marijuana (delta-9-tetrahydrocannabinol)                                            2

      (b) Marijuana metabolite (11-OH-tetrahydrocannabinol)                        5

 

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

      [5.]6.  Except as otherwise provided in NRS 488.427, a person who violates the provisions of this section is guilty of a misdemeanor.

      Sec. 7. NRS 488.420 is hereby amended to read as follows:

      488.420  1.  Unless a greater penalty is provided pursuant to NRS 488.425, a person who:

      (a) Is under the influence of intoxicating liquor;

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

      (c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel under power or sail to have a concentration of alcohol of 0.08 or more in his or her blood or breath;

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

      (e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely operating or being in actual physical control of a vessel under power or sail; or

      (f) Has a prohibited substance in his or her blood or urine , as applicable, in an amount that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 488.410,

Ê and does any act or neglects any duty imposed by law while operating or being in actual physical control of any vessel under power or sail, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, another person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and shall be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

 


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      2.  A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 must not be suspended, and probation must not be granted.

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

      4.  If a person less than 15 years of age was in the vessel at the time of the defendant’s violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      Sec. 8. NRS 488.425 is hereby amended to read as follows:

      488.425  1.  A person commits homicide by vessel if the person:

      (a) Operates or is in actual physical control of a vessel under power or sail on the waters of this State and:

             (1) Is under the influence of intoxicating liquor;

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

             (3) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel under power or sail to have a concentration of alcohol of 0.08 or more in his or her blood or breath;

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

             (5) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely operating or exercising actual physical control of a vessel under power or sail; or

             (6) Has a prohibited substance in his or her blood or urine , as applicable, in an amount that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 488.410;

      (b) Proximately causes the death of another person while operating or in actual physical control of a vessel under power or sail; and

      (c) Has previously been convicted of at least three offenses.

      2.  A person who commits homicide by vessel is guilty of a category A felony and shall be punished by imprisonment in the state prison:

      (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

      (b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

      3.  A person imprisoned pursuant to subsection 2 must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

 


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      4.  A prosecuting attorney shall not dismiss a charge of homicide by vessel in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 2 may not be suspended nor may probation be granted.

      5.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under subparagraph (3) of paragraph (a) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel, and before his or her blood or breath was tested, to cause the defendant to have a concentration of alcohol of 0.08 or more in his or her blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      6.  If the defendant was transporting a person who is less than 15 years of age in the vessel at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      7.  As used in this section, “offense” means:

      (a) A violation of NRS 488.410 or 488.420;

      (b) A homicide resulting from operating or being in actual physical control of a vessel while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by this section or NRS 488.410 or 488.420; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).

      Sec. 9. NRS 488.460 is hereby amended to read as follows:

      488.460  1.  Except as otherwise provided in subsections 3 and 4, a person who operates or is in actual physical control of a vessel under power or sail on the waters of this State shall be deemed to have given consent to an evidentiary test of his or her blood, urine, breath or other bodily substance to determine the concentration of alcohol in his or her blood or breath or to determine whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present, if such a test is administered at the request of a peace officer having reasonable grounds to believe that the person to be tested was:

      (a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or with a prohibited substance in his or her blood or urine; or

      (b) Engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425.

      2.  If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.

      3.  Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section, but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.

      4.  If the concentration of alcohol of the blood or breath of the person to be tested is in issue:

 


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      (a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.

      (b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, the person must pay for the cost of the blood test, including the fees and expenses of witnesses whose testimony in court is necessary because of the use of the blood test. The expenses of such a witness may be assessed at an hourly rate of not less than:

             (1) Fifty dollars for travel to and from the place of the proceeding; and

             (2) One hundred dollars for giving or waiting to give testimony.

      (c) Except as otherwise provided in NRS 488.470, not more than three samples of the person’s blood or breath may be taken during the 5-hour period immediately following the time of the initial arrest.

      5.  [If] Except as otherwise provided in subsection 6, if the presence of a controlled substance, chemical, poison, organic solvent or another prohibited substance in the blood or urine of the person is in issue, the officer may request that the person submit to a blood or urine test, or both.

      6.  If the presence of marijuana in the blood of the person is in issue, the officer may request that the person submit to a blood test.

      7.  Except as otherwise provided in subsections 3 and 5, a peace officer shall not request that a person submit to a urine test.

      [7.]8.  If a person to be tested fails to submit to a required test as requested by a peace officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was:

      (a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or with a prohibited substance in his or her blood or urine; or

      (b) Engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425,

Ê the officer may apply for a warrant or court order directing that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested.

      [8.]9.  If a person who is less than 18 years of age is requested to submit to an evidentiary test pursuant to this section, the officer shall, before testing the person, make a reasonable attempt to notify the parent, guardian or custodian of the person, if known.

      Sec. 10. NRS 33.030 is hereby amended to read as follows:

      33.030  1.  The court by a temporary order may:

      (a) Enjoin the adverse party from threatening, physically injuring or harassing the applicant or minor child, either directly or through an agent;

      (b) Exclude the adverse party from the applicant’s place of residence;

      (c) Prohibit the adverse party from entering the residence, school or place of employment of the applicant or minor child and order the adverse party to stay away from any specified place frequented regularly by them;

      (d) If it has jurisdiction under chapter 125A of NRS, grant temporary custody of the minor child to the applicant;

      (e) Enjoin the adverse party from physically injuring, threatening to injure or taking possession of any animal that is owned or kept by the applicant or minor child, either directly or through an agent;

 


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      (f) Enjoin the adverse party from physically injuring or threatening to injure any animal that is owned or kept by the adverse party, either directly or through an agent; and

      (g) Order such other relief as it deems necessary in an emergency situation.

      2.  The court by an extended order may grant any relief enumerated in subsection 1 and:

      (a) Specify arrangements for visitation of the minor child by the adverse party and require supervision of that visitation by a third party if necessary;

      (b) Specify arrangements for the possession and care of any animal owned or kept by the adverse party, applicant or minor child; and

      (c) Order the adverse party to:

             (1) Avoid or limit communication with the applicant or minor child;

             (2) Pay rent or make payments on a mortgage on the applicant’s place of residence;

             (3) Pay for the support of the applicant or minor child, including, without limitation, support of a minor child for whom a guardian has been appointed pursuant to chapter 159 of NRS or a minor child who has been placed in protective custody pursuant to chapter 432B of NRS, if the adverse party is found to have a duty to support the applicant or minor child;

             (4) Pay all costs and fees incurred by the applicant in bringing the action; and

             (5) Pay monetary compensation to the applicant for lost earnings and expenses incurred as a result of the applicant attending any hearing concerning an application for an extended order.

      3.  If an extended order is issued by a justice court, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.

      4.  A temporary or extended order must specify, as applicable, the county and city, if any, in which the residence, school, child care facility or other provider of child care, and place of employment of the applicant or minor child are located.

      5.  A temporary or extended order must provide notice that a person who is arrested for violating the order will not be admitted to bail sooner than 12 hours after the person’s arrest if:

      (a) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;

      (b) The person has previously violated a temporary or extended order for protection; or

      (c) At the time of the violation or within 2 hours after the violation, the person has:

             (1) A concentration of alcohol of 0.08 or more in the person’s blood or breath; or

             (2) An amount of a prohibited substance in the person’s blood or urine , as applicable, that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110.

      Sec. 11. NRS 62C.020 is hereby amended to read as follows:

      62C.020  1.  A child must not be released from custody sooner than 12 hours after the child is taken into custody if the child is taken into custody for committing a battery that constitutes domestic violence pursuant to NRS 33.018, unless the peace officer or probation officer who has taken the child into custody determines that the child does not otherwise meet the criteria for secure detention and:

 


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committing a battery that constitutes domestic violence pursuant to NRS 33.018, unless the peace officer or probation officer who has taken the child into custody determines that the child does not otherwise meet the criteria for secure detention and:

      (a) Respite care or another out-of-home alternative to secure detention is available for the child;

      (b) An out-of-home alternative to secure detention is not necessary to protect the victim from injury; or

      (c) Family services are available to maintain the child in the home and the parents or guardians of the child agree to receive those family services and to allow the child to return to the home.

      2.  A child must not be released from custody sooner than 12 hours after the child is taken into custody if the child is taken into custody for violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or for violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or for violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or for violating a temporary or extended order for protection against sexual assault issued pursuant to NRS 200.378 and:

      (a) The peace officer or probation officer who has taken the child into custody determines that such a violation is accompanied by a direct or indirect threat of harm;

      (b) The child has previously violated a temporary or extended order for protection of the type for which the child has been taken into custody; or

      (c) At the time of the violation or within 2 hours after the violation, the child has:

             (1) A concentration of alcohol of 0.08 or more in his or her blood or breath; or

             (2) An amount of a prohibited substance in his or her blood or urine , as applicable, that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110.

      3.  For the purposes of this section, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.

      Sec. 12. NRS 125.555 is hereby amended to read as follows:

      125.555  1.  A restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence which is issued in an action or proceeding brought pursuant to this title must provide notice that a person who is arrested for violating the order or injunction will not be admitted to bail sooner than 12 hours after the person’s arrest if:

      (a) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;

      (b) The person has previously violated a temporary or extended order for protection; or

      (c) At the time of the violation or within 2 hours after the violation, the person has:

             (1) A concentration of alcohol of 0.08 or more in his or her blood or breath; or

 


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             (2) An amount of a prohibited substance in his or her blood or urine , as applicable, that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110.

      2.  For the purposes of this section, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.

      Sec. 13. NRS 171.1225 is hereby amended to read as follows:

      171.1225  1.  When investigating an act of domestic violence, a peace officer shall:

      (a) Make a good faith effort to explain the provisions of NRS 171.137 pertaining to domestic violence and advise victims of all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community.

      (b) Provide a person suspected of being the victim of an act of domestic violence with a written copy of the following statements:

             (1) My name is Officer ......................... (naming the investigating officer). Nevada law requires me to inform you of the following information.

             (2) If I have probable cause to believe that a battery has been committed against you, your minor child or the minor child of the person believed to have committed the battery in the last 24 hours by your spouse, your former spouse, any other person to whom you are related by blood or marriage, a person with whom you are or were actually residing, a person with whom you have had or are having a dating relationship or a person with whom you have a child in common, I am required, unless mitigating circumstances exist, to arrest the person suspected of committing the battery.

             (3) If I am unable to arrest the person suspected of committing the battery, you have the right to request that the prosecutor file a criminal complaint against the person. I can provide you with information on this procedure. If convicted, the person who committed the battery may be placed on probation, ordered to see a counselor, put in jail or fined.

             (4) The law provides that you may seek a court order for the protection of you, your minor children or any animal that is owned or kept by you, by the person who committed or threatened the act of domestic violence or by the minor child of either such person against further threats or acts of domestic violence. You do not need to hire a lawyer to obtain such an order for protection.

             (5) An order for protection may require the person who committed or threatened the act of domestic violence against you to:

                   (I) Stop threatening, harassing or injuring you or your children;

                   (II) Move out of your residence;

                   (III) Stay away from your place of employment;

                   (IV) Stay away from the school attended by your children;

                   (V) Stay away from any place you or your children regularly go;

                   (VI) Avoid or limit all communication with you or your children;

                   (VII) Stop physically injuring, threatening to injure or taking possession of any animal that is owned or kept by you or your children, either directly or through an agent; and

                   (VIII) Stop physically injuring or threatening to injure any animal that is owned or kept by the person who committed or threatened the act or his or her children, either directly or through an agent.

 


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             (6) A court may make future orders for protection which award you custody of your children and require the person who committed or threatened the act of domestic violence against you to:

                   (I) Pay the rent or mortgage due on the place in which you live;

                   (II) Pay the amount of money necessary for the support of your children;

                   (III) Pay part or all of the costs incurred by you in obtaining the order for protection; and

                   (IV) Comply with the arrangements specified for the possession and care of any animal owned or kept by you or your children or by the person who committed or threatened the act or his or her children.

             (7) To get an order for protection, go to room number ....... (state the room number of the office at the court) at the court, which is located at ......................... (state the address of the court). Ask the clerk of the court to provide you with the forms for an order of protection.

             (8) If the person who committed or threatened the act of domestic violence against you violates the terms of an order for protection, the person may be arrested and, if:

                   (I) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;

                   (II) The person has previously violated a temporary or extended order for protection; or

                   (III) At the time of the violation or within 2 hours after the violation, the person has a concentration of alcohol of 0.08 or more in the person’s blood or breath or an amount of a prohibited substance in the person’s blood or urine , as applicable, that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110,

Ê the person will not be admitted to bail sooner than 12 hours after arrest.

             (9) You may obtain emergency assistance or shelter by contacting your local program against domestic violence at ......................... (state name, address and telephone number of local program) or you may call, without charge to you, the Statewide Program Against Domestic Violence at ........................ (state toll-free telephone number of Statewide Program).

      2.  The failure of a peace officer to carry out the requirements set forth in subsection 1 is not a defense in a criminal prosecution for the commission of an act of domestic violence, nor may such an omission be considered as negligence or as causation in any civil action against the peace officer or the officer’s employer.

      3.  As used in this section:

      (a) “Act of domestic violence” means any of the following acts committed by a person against his or her spouse, former spouse, any other person to whom he or she is related by blood or marriage, a person with whom he or she is or was actually residing, a person with whom he or she has had or is having a dating relationship, a person with whom he or she has a child in common, the minor child of any of those persons or his or her minor child:

             (1) A battery.

             (2) An assault.

             (3) Compelling the other by force or threat of force to perform an act from which he or she has the right to refrain or to refrain from an act which he or she has the right to perform.

             (4) A sexual assault.

 


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             (5) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, but is not limited to:

                   (I) Stalking.

                   (II) Arson.

                   (III) Trespassing.

                   (IV) Larceny.

                   (V) Destruction of private property.

                   (VI) Carrying a concealed weapon without a permit.

                   (VII) Injuring or killing an animal.

             (6) False imprisonment.

             (7) Unlawful entry of the other’s residence, or forcible entry against the other’s will if there is a reasonably foreseeable risk of harm to the other from the entry.

      (b) “Dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.

      Sec. 14. NRS 178.484 is hereby amended to read as follows:

      178.484  1.  Except as otherwise provided in this section, a person arrested for an offense other than murder of the first degree must be admitted to bail.

      2.  A person arrested for a felony who has been released on probation or parole for a different offense must not be admitted to bail unless:

      (a) A court issues an order directing that the person be admitted to bail;

      (b) The State Board of Parole Commissioners directs the detention facility to admit the person to bail; or

      (c) The Division of Parole and Probation of the Department of Public Safety directs the detention facility to admit the person to bail.

      3.  A person arrested for a felony whose sentence has been suspended pursuant to NRS 4.373 or 5.055 for a different offense or who has been sentenced to a term of residential confinement pursuant to NRS 4.3762 or 5.076 for a different offense must not be admitted to bail unless:

      (a) A court issues an order directing that the person be admitted to bail; or

      (b) A department of alternative sentencing directs the detention facility to admit the person to bail.

      4.  A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.

      5.  A person arrested for a violation of NRS 484C.110, 484C.120, 484C.130, 484C.430, 488.410, 488.420 or 488.425 who is under the influence of intoxicating liquor must not be admitted to bail or released on the person’s own recognizance unless the person has a concentration of alcohol of less than 0.04 in his or her breath. A test of the person’s breath pursuant to this subsection to determine the concentration of alcohol in his or her breath as a condition of admission to bail or release is not admissible as evidence against the person.

      6.  A person arrested for a violation of NRS 484C.110, 484C.120, 484C.130, 484C.430, 488.410, 488.420 or 488.425 who is under the influence of a controlled substance, is under the combined influence of intoxicating liquor and a controlled substance, or inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle or vessel under power or sail must not be admitted to bail or released on the person’s own recognizance sooner than 12 hours after arrest.

 


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intoxicating liquor and a controlled substance, or inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle or vessel under power or sail must not be admitted to bail or released on the person’s own recognizance sooner than 12 hours after arrest.

      7.  A person arrested for a battery that constitutes domestic violence pursuant to NRS 33.018 must not be admitted to bail sooner than 12 hours after arrest. If the person is admitted to bail more than 12 hours after arrest, without appearing personally before a magistrate or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:

      (a) Three thousand dollars, if the person has no previous convictions of battery that constitute domestic violence pursuant to NRS 33.018 and there is no reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation;

      (b) Five thousand dollars, if the person has:

             (1) No previous convictions of battery that constitute domestic violence pursuant to NRS 33.018, but there is reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation; or

             (2) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018, but there is no reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation; or

      (c) Fifteen thousand dollars, if the person has:

             (1) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 and there is reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation; or

             (2) Two or more previous convictions of battery that constitute domestic violence pursuant to NRS 33.018.

Ê The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court, or when a magistrate or a court has otherwise been contacted to set the amount of bail. For the purposes of this subsection, a person shall be deemed to have a previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 if the person has been convicted of such an offense in this State or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.

      8.  A person arrested for violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or for violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or for violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or for violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378 must not be admitted to bail sooner than 12 hours after arrest if:

 


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      (a) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;

      (b) The person has previously violated a temporary or extended order for protection of the type for which the person has been arrested; or

      (c) At the time of the violation or within 2 hours after the violation, the person has:

             (1) A concentration of alcohol of 0.08 or more in the person’s blood or breath; or

             (2) An amount of a prohibited substance in the person’s blood or urine , as applicable, that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110.

      9.  If a person is admitted to bail more than 12 hours after arrest, pursuant to subsection 8, without appearing personally before a magistrate or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:

      (a) Three thousand dollars, if the person has no previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378;

      (b) Five thousand dollars, if the person has one previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378; or

      (c) Fifteen thousand dollars, if the person has two or more previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378.

Ê The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court or when a magistrate or a court has otherwise been contacted to set the amount of bail. For the purposes of this subsection, a person shall be deemed to have a previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378, if the person has been convicted of such an offense in this State or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.

 


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extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378, if the person has been convicted of such an offense in this State or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.

      10.  The court may, before releasing a person arrested for an offense punishable as a felony, require the surrender to the court of any passport the person possesses.

      11.  Before releasing a person arrested for any crime, the court may impose such reasonable conditions on the person as it deems necessary to protect the health, safety and welfare of the community and to ensure that the person will appear at all times and places ordered by the court, including, without limitation:

      (a) Requiring the person to remain in this State or a certain county within this State;

      (b) Prohibiting the person from contacting or attempting to contact a specific person or from causing or attempting to cause another person to contact that person on the person’s behalf;

      (c) Prohibiting the person from entering a certain geographic area; or

      (d) Prohibiting the person from engaging in specific conduct that may be harmful to the person’s own health, safety or welfare, or the health, safety or welfare of another person.

Ê In determining whether a condition is reasonable, the court shall consider the factors listed in NRS 178.4853.

      12.  If a person fails to comply with a condition imposed pursuant to subsection 11, the court may, after providing the person with reasonable notice and an opportunity for a hearing:

      (a) Deem such conduct a contempt pursuant to NRS 22.010; or

      (b) Increase the amount of bail pursuant to NRS 178.499.

      13.  An order issued pursuant to this section that imposes a condition on a person admitted to bail must include a provision ordering any law enforcement officer to arrest the person if the officer has probable cause to believe that the person has violated a condition of bail.

      14.  Before a person may be admitted to bail, the person must sign a document stating that:

      (a) The person will appear at all times and places as ordered by the court releasing the person and as ordered by any court before which the charge is subsequently heard;

      (b) The person will comply with the other conditions which have been imposed by the court and are stated in the document; and

      (c) If the person fails to appear when so ordered and is taken into custody outside of this State, the person waives all rights relating to extradition proceedings.

Ê The signed document must be filed with the clerk of the court of competent jurisdiction as soon as practicable, but in no event later than the next business day.

      15.  If a person admitted to bail fails to appear as ordered by a court and the jurisdiction incurs any cost in returning the person to the jurisdiction to stand trial, the person who failed to appear is responsible for paying those costs as restitution.

 


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      16.  For the purposes of subsections 8 and 9, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.

      17.  As used in this section, “strangulation” has the meaning ascribed to it in NRS 200.481.

      Sec. 15. NRS 200.378 is hereby amended to read as follows:

      200.378  1.  In addition to any other remedy provided by law, a person who reasonably believes that the crime of sexual assault has been committed against him or her by another person may petition any court of competent jurisdiction for a temporary or extended order directing the person who allegedly committed the sexual assault to:

      (a) Stay away from the home, school, business or place of employment of the victim of the alleged sexual assault and any other location specifically named by the court.

      (b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged sexual assault and any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged sexual assault.

      (c) Comply with any other restriction which the court deems necessary to protect the victim of the alleged sexual assault or to protect any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged sexual assault.

      2.  If a defendant charged with a crime involving sexual assault is released from custody before trial or is found guilty at the trial, the court may issue a temporary or extended order or provide as a condition of the release or sentence that the defendant:

      (a) Stay away from the home, school, business or place of employment of the victim of the alleged sexual assault and any other location specifically named by the court.

      (b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged sexual assault and any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged sexual assault.

      (c) Comply with any other restriction which the court deems necessary to protect the victim of the alleged sexual assault or to protect any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged sexual assault.

      3.  A temporary order may be granted with or without notice to the adverse party. An extended order may be granted only after:

      (a) Notice of the petition for the order and of the hearing thereon is served upon the adverse party pursuant to the Nevada Rules of Civil Procedure; and

      (b) A hearing is held on the petition.

      4.  If an extended order is issued by a justice court, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.

      5.  Unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order, any person who intentionally violates:

 


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      (a) A temporary order is guilty of a gross misdemeanor.

      (b) An extended order is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      6.  Any court order issued pursuant to this section must:

      (a) Be in writing;

      (b) Be personally served on the person to whom it is directed; and

      (c) Contain the warning that violation of the order:

             (1) Subjects the person to immediate arrest.

             (2) Is a gross misdemeanor if the order is a temporary order.

             (3) Is a category C felony if the order is an extended order.

      7.  A temporary or extended order issued pursuant to this section must provide notice that a person who is arrested for violating the order will not be admitted to bail sooner than 12 hours after the arrest if:

      (a) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;

      (b) The person has previously violated a temporary or extended order for protection; or

      (c) At the time of the violation or within 2 hours after the violation, the person has:

             (1) A concentration of alcohol of 0.08 or more in his or her blood or breath; or

             (2) An amount of a prohibited substance in his or her blood or urine , as applicable, that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110.

      Sec. 16. NRS 200.591 is hereby amended to read as follows:

      200.591  1.  In addition to any other remedy provided by law, a person who reasonably believes that the crime of stalking, aggravated stalking or harassment is being committed against him or her by another person may petition any court of competent jurisdiction for a temporary or extended order directing the person who is allegedly committing the crime to:

      (a) Stay away from the home, school, business or place of employment of the victim of the alleged crime and any other location specifically named by the court.

      (b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged crime and any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged crime.

      (c) Comply with any other restriction which the court deems necessary to protect the victim of the alleged crime or to protect any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged crime.

      2.  If a defendant charged with a crime involving harassment, stalking or aggravated stalking is released from custody before trial or is found guilty at the trial, the court may issue a temporary or extended order or provide as a condition of the release or sentence that the defendant:

      (a) Stay away from the home, school, business or place of employment of the victim of the alleged crime and any other location specifically named by the court.

      (b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged crime and any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged crime.

 


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      (c) Comply with any other restriction which the court deems necessary to protect the victim of the alleged crime or to protect any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged crime.

      3.  A temporary order may be granted with or without notice to the adverse party. An extended order may be granted only after:

      (a) Notice of the petition for the order and of the hearing thereon is served upon the adverse party pursuant to the Nevada Rules of Civil Procedure; and

      (b) A hearing is held on the petition.

      4.  If an extended order is issued by a justice court, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.

      5.  Unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order, any person who intentionally violates:

      (a) A temporary order is guilty of a gross misdemeanor.

      (b) An extended order is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      6.  Any court order issued pursuant to this section must:

      (a) Be in writing;

      (b) Be personally served on the person to whom it is directed; and

      (c) Contain the warning that violation of the order:

             (1) Subjects the person to immediate arrest.

             (2) Is a gross misdemeanor if the order is a temporary order.

             (3) Is a category C felony if the order is an extended order.

      7.  A temporary or extended order issued pursuant to this section must provide notice that a person who is arrested for violating the order will not be admitted to bail sooner than 12 hours after the person’s arrest if:

      (a) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;

      (b) The person has previously violated a temporary or extended order for protection; or

      (c) At the time of the violation or within 2 hours after the violation, the person has:

             (1) A concentration of alcohol of 0.08 or more in his or her blood or breath; or

             (2) An amount of a prohibited substance in his or her blood or urine , as applicable, that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110.

      Sec. 17. NRS 616C.230 is hereby amended to read as follows:

      616C.230  1.  Compensation is not payable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS for an injury:

      (a) Caused by the employee’s willful intention to injure himself or herself.

      (b) Caused by the employee’s willful intention to injure another.

      (c) That occurred while the employee was in a state of intoxication, unless the employee can prove by clear and convincing evidence that his or her state of intoxication was not the proximate cause of the injury. For the purposes of this paragraph, an employee is in a state of intoxication if the level of alcohol in the bloodstream of the employee meets or exceeds the limits set forth in subsection 1 of NRS 484C.110.

 


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      (d) That occurred while the employee was under the influence of a controlled or prohibited substance, unless the employee can prove by clear and convincing evidence that his or her being under the influence of a controlled or prohibited substance was not the proximate cause of the injury. For the purposes of this paragraph, an employee is under the influence of a controlled or prohibited substance if the employee had an amount of a controlled or prohibited substance in his or her system at the time of his or her injury that was equal to or greater than the limits set forth in subsection 3 or 4 of NRS 484C.110 and for which the employee did not have a current and lawful prescription issued in the employee’s name.

      2.  For the purposes of paragraphs (c) and (d) of subsection 1:

      (a) The affidavit or declaration of an expert or other person described in NRS 50.310, 50.315 or 50.320 is admissible to prove the existence of an impermissible quantity of alcohol or the existence, quantity or identity of an impermissible controlled or prohibited substance in an employee’s system. If the affidavit or declaration is to be so used, it must be submitted in the manner prescribed in NRS 616C.355.

      (b) When an examination requested or ordered includes testing for the use of alcohol or a controlled or prohibited substance, the laboratory that conducts the testing must be licensed pursuant to the provisions of chapter 652 of NRS.

      (c) The results of any testing for the use of alcohol or a controlled or prohibited substance, irrespective of the purpose for performing the test, must be made available to an insurer or employer upon request, to the extent that doing so does not conflict with federal law.

      3.  No compensation is payable for the death, disability or treatment of an employee if the employee’s death is caused by, or insofar as the employee’s disability is aggravated, caused or continued by, an unreasonable refusal or neglect to submit to or to follow any competent and reasonable surgical treatment or medical aid.

      4.  If any employee persists in an unsanitary or injurious practice that imperils or retards his or her recovery, or refuses to submit to such medical or surgical treatment as is necessary to promote his or her recovery, the employee’s compensation may be reduced or suspended.

      5.  An injured employee’s compensation, other than accident benefits, must be suspended if:

      (a) A physician or chiropractor determines that the employee is unable to undergo treatment, testing or examination for the industrial injury solely because of a condition or injury that did not arise out of and in the course of employment; and

      (b) It is within the ability of the employee to correct the nonindustrial condition or injury.

Ê The compensation must be suspended until the injured employee is able to resume treatment, testing or examination for the industrial injury. The insurer may elect to pay for the treatment of the nonindustrial condition or injury.

      6.  As used in this section, “prohibited substance” has the meaning ascribed to it in NRS 484C.080.

      Sec. 18.  This act becomes effective on July 1, 2017.

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CHAPTER 77, AB 203

Assembly Bill No. 203–Assemblywoman Joiner

 

Joint Sponsor: Senator Ratti

 

CHAPTER 77

 

[Approved: May 23, 2017]

 

AN ACT relating to cemeteries; clarifying that a cemetery authority is not authorized to order the disinterment and removal of human remains from certain burial plots; requiring a governmental authority to make certain determinations before a cemetery authority may order the disinterment and removal of human remains; requiring a cemetery authority to prescribe a time for the removal and reinterment of human remains under certain circumstances; providing when a receptacle for reinterment will be deemed suitable; authorizing certain persons to maintain an action to require certain cemetery owners to keep the cemetery in an orderly condition; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the cemetery authority to order the disinterment and removal of all human remains interred in all or any part of a cemetery if either the cemetery authority or a governmental authority determines that the further maintenance of all or any part of the cemetery as a burial place is not in accordance with the health, safety, comfort or welfare of the public. (NRS 451.070) Section 1 of this bill clarifies that a cemetery authority may not: (1) order the disinterment and removal of remains from a burial plot that is owned in fee simple by a person other than the cemetery authority; or (2) sell, mortgage or encumber or order the sale, mortgage or encumbrance of such a burial plot. Section 4 of this bill removes the authority of a cemetery authority to determine unilaterally that the further maintenance of all or any part of the cemetery as a burial place is not in accordance with the health, safety, comfort or welfare of the public. Before the cemetery authority may order the disinterment and removal of human remains, section 4 requires the governmental authority to determine, in addition, that: (1) the cemetery authority cannot restore the cemetery to a proper operating condition; and (2) the cemetery authority cannot sell or lease the cemetery to or enter into a contract with another cemetery authority that will properly maintain the cemetery.

      Existing law requires a cemetery authority that orders the disinterment and removal of remains under the circumstances described above to: (1) prescribe a reasonable time of not less than 1 year after which the cemetery authority may proceed to remove the remains and reinter them in another cemetery or deposit them in a memorial mausoleum or columbarium; and (2) reinter the remains of each person in a separate and suitable receptacle. (NRS 451.080, 451.270) Section 5 of this bill clarifies that the statutory period begins when the cemetery authority orders disinterment and that, after the expiration of that period, the cemetery authority may proceed to remove and reinter or deposit the remains. Section 5 also clarifies that these provisions apply if the cemetery authority plans to reinter the remains in another portion of the existing cemetery. Section 6 of this bill requires remains to be reinterred within 1 year after the date on which they are disinterred. Section 6 also deems a receptacle to be suitable if it meets certain conditions.

      Existing law requires the owner of a cemetery to keep the cemetery in an orderly condition. (NRS 452.030) Section 7 of this bill authorizes the district attorney of the county in which the cemetery is located or a relative of any person interred in the cemetery to maintain an action in a court of competent jurisdiction to enforce that requirement.

 


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requirement. Under section 7, such an action may not be brought against a cemetery owned by a city or county. Section 7 authorizes a court, upon finding that the owner of a cemetery that is not owned by a city or county has not complied with that requirement, to: (1) order the owner to take any action necessary to bring the cemetery into an orderly condition; or (2) if the court also determines that continued ownership of the cemetery by the owner is not in accordance with the health, safety, comfort or welfare of the public, transfer title to the cemetery to the city or county in which the cemetery is located if the city or county accepts such transfer of title. Section 7 also requires a city or county to which title to a cemetery is transferred to operate or provide for the operation of the cemetery.

 

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

      Notwithstanding any other provision of law, including, without limitation, any provision of NRS 451.069 to 451.330, inclusive, a cemetery authority shall not:

      1.  Order the disinterment and removal of human remains interred in a burial plot that is owned in fee simple by a person other than the cemetery authority; or

      2.  Sell, mortgage or encumber or require the sale, mortgage or encumbrance of such a burial plot.

      Sec. 2. NRS 451.005 is hereby amended to read as follows:

      451.005  As used in NRS 451.010 to 451.470, inclusive, and section 1 of this act, unless the context otherwise requires, “human remains” or “remains” means the body of a deceased person, and includes the body in any stage of decomposition and the cremated remains of a body.

      Sec. 3. NRS 451.069 is hereby amended to read as follows:

      451.069  As used in NRS 451.069 to 451.330, inclusive, and section 1 of this act, “cemetery authority” means any natural person, partnership, association, corporation or public entity, including the Nevada System of Higher Education or any cemetery district, owning or leasing the land or other property of a cemetery or operating a cemetery as a business in this State.

      Sec. 4. NRS 451.070 is hereby amended to read as follows:

      451.070  [A] Except as otherwise provided in section 1 of this act, a cemetery authority may order the disinterment and removal of all human remains interred in all or any part of any cemetery if [the cemetery authority or a] :

      1.  A governmental authority other than the cemetery authority determines that [the further] :

      (a) The maintenance of all or any part of the cemetery as a burial place for the human dead is not in accordance with the health, safety, comfort or welfare of the public ;

      (b) The cemetery authority is unable to restore the cemetery or part of the cemetery to a condition where the maintenance of the cemetery as a burial place for the human dead is in accordance with the health, safety, comfort and welfare of the public; and

 


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      (c) The cemetery authority is unable, at current market rates, to sell or lease the cemetery to or enter into a contract with another cemetery authority that will maintain the cemetery as a burial place for the human dead in accordance with the health, safety, comfort and welfare of the public; or [if the]

      2.  The cemetery authority determines that financial provision must be made for future care of gravesites within a specified area.

      Sec. 5. NRS 451.080 is hereby amended to read as follows:

      451.080  1.  The cemetery authority may prescribe reasonable regulations governing the manner of making disinterments and removals and providing for reinterment in a portion of the existing cemetery or in any other cemetery or for deposit of the remains in any memorial mausoleum or columbarium or for providing appropriate future care.

      2.  The cemetery authority must prescribe a reasonable time of not less than 1 year after the date on which it orders the disinterment and removal of remains pursuant to NRS 451.070, after which the cemetery authority may proceed to disinter and remove the remains and reinter them in a portion of the existing cemetery or another cemetery or deposit them in a memorial mausoleum or columbarium.

      Sec. 6. NRS 451.270 is hereby amended to read as follows:

      451.270  1.  The remains of each person reinterred shall be placed in a separate and suitable receptacle and decently and respectfully interred not later than 1 year after the date on which the remains are disinterred under rules and regulations adopted by the cemetery authority making the removal.

      2.  A receptacle shall be deemed suitable for the purposes of subsection 1 if the receptacle:

      (a) Is capable of withstanding weather and movement of the earth that may affect the receptacle for at least 100 years; or

      (b) Has been approved by the closest living relative of the decedent.

      Sec. 7. NRS 452.030 is hereby amended to read as follows:

      452.030  1.  Every owner of a cemetery shall keep the same in an orderly condition, and authority is conferred on the board of county commissioners of each county to make such rules as will carry out the intent of this section.

      2.  Except as otherwise provided in subsection 4, in addition to any action that may be taken pursuant to the rules described in subsection 1, the district attorney of the county in which a cemetery is located or a relative of any person interred in a cemetery may bring an action in a court of competent jurisdiction to enforce the provisions of subsection 1. If the court finds that the owner of the cemetery has failed to keep the cemetery in an orderly condition, the court may:

      (a) Order the owner of the cemetery to take any action necessary to bring the cemetery into such a condition; or

      (b) If the court also determines that continued ownership of the cemetery by the owner is not in accordance with the health, safety, comfort or welfare of the public, transfer title to the cemetery to the city or, if the cemetery is located in an unincorporated area of a county, the county in which the cemetery is located, if the city or county accepts such a transfer of title.

      3.  A city or county to which title of a cemetery is transferred pursuant to this section shall:

      (a) Operate the cemetery;

      (b) Lease the cemetery to a cemetery authority to operate the cemetery;

 


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      (c) Enter into a contract with a cemetery authority to operate the cemetery; or

      (d) Transfer title of the cemetery to a nonprofit organization acting as the cemetery authority of the cemetery.

      4.  The provisions of subsection 2 do not apply to a cemetery owned by a city or county.

      Sec. 8. (Deleted by amendment.)

      Sec. 9.  This act becomes effective upon passage and approval.

________

CHAPTER 78, AB 347

Assembly Bill No. 347–Assemblywoman Joiner

 

CHAPTER 78

 

[Approved: May 23, 2017]

 

AN ACT relating to surgical technologists; prohibiting a hospital, independent center for emergency care, psychiatric hospital or surgical center for ambulatory patients from employing a surgical technologist who does not possess certain qualifications; requiring such a facility to ensure that each surgical technologist at the facility receives certain continuing education; authorizing the State Board of Health and the Division of Public and Behavioral Health of the Department of Health and Human Services to enforce those requirements; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the State Board of Health and the Division of Public and Behavioral Health of the Department of Health and Human Services to license and regulate medical facilities, including hospitals, independent centers for emergency medical care, psychiatric hospitals and surgical centers for ambulatory patients. (NRS 449.030, 449.0302) Section 2 of this bill defines the term “practice of surgical technology” to mean performing tasks in preparation for surgery and providing certain care in collaboration with a team of health care providers and other persons to assist with surgery. Section 4 of this bill prohibits a hospital, independent center for emergency care, psychiatric hospital or surgical center for ambulatory patients from employing or otherwise allowing a person to practice surgical technology at the facility unless the person is a Certified Surgical Technologist or possesses certain other qualifications. Section 4 also authorizes such a facility to employ or allow a person who does not possess such qualifications to engage in the practice of surgical technology if: (1) the person is a recent graduate of a surgical technology program but has not yet obtained the required certification; or (2) after a diligent and thorough search, the facility is unable to employ a sufficient number of surgical technologists who meet such requirements. Section 5 of this bill requires such a facility to ensure that each surgical technologist at the facility successfully completes certain continuing education and maintain certain records.

      Sections 6 and 7 of this bill exempt certain facilities and persons, including physician assistants and registered nurses, from the requirements of this bill concerning the qualifications of surgical technologists. Section 8 of this bill requires the State Board of Health to adopt regulations to enforce the requirements of this bill. Sections 9-14 of this bill authorize the Division and the district attorney of the county in which a hospital, independent center for emergency care, psychiatric hospital or surgical center for ambulatory patients is located to take certain actions to enforce the requirements of this bill.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2. 1.  “Practice of surgical technology” means performing tasks in preparation for surgery and providing care in collaboration with a team of providers of health care and other persons to a patient before, during and after surgery. The term includes, without limitation:

      (a) Working with a registered nurse to carry out a plan to care for the patient and prepare the operating room for surgery;

      (b) Preparing and gathering sterile supplies, instruments and equipment necessary for a surgical procedure;

      (c) Ensuring that surgical equipment is functioning properly and safely; and

      (d) In the operating room under the direction of an appropriate provider of health care:

             (1) Ensuring that the area in which the surgery is conducted remains sterile;

             (2) Anticipating and responding to the needs of the surgeon and other members of the team during surgery;

             (3) Passing supplies, instruments and equipment to other members of the team;

             (4) Sponging or suctioning the operative site of the patient;

             (5) Preparing and cutting materials for sutures;

             (6) Transferring and irrigating with fluids;

             (7) Transferring drugs to other members of the team;

             (8) Handling specimens;

             (9) Holding retractors and other instruments and equipment;

             (10) Applying electrocautery to clamps on blood vessels cut during surgery;

             (11) Connecting drains and catheters to suction or drainage apparatus;

             (12) Applying skin staples and dressings to closed wounds;

             (13) Counting sponges, needles and other supplies and instruments; and

             (14) Removing instruments after the completion of surgery.

      2.  The term does not include administering a drug to a patient.

      Sec. 3. “Surgical technologist” means a person who is engaged in the practice of surgical technology at a health care facility.

      Sec. 4. Except as otherwise provided in this section and NRS 449.0301 and section 6 of this act:

      1.  A health care facility may not employ or otherwise allow a person to engage in the practice of surgical technology at the health care facility unless the person has:

      (a) Successfully completed a program for surgical technologists that is accredited by a national accrediting organization and is certified as a Certified Surgical Technologist by the National Board of Surgical Technology and Surgical Assisting or a successor organization;

 


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      (b) Successfully completed a training program for surgical technologists administered by the United States Public Health Service, Army, Navy, Air Force, Marine Corps or Coast Guard; or

      (c) Engaged in the practice of surgical technology in a health care facility before January 1, 2018.

      2.  A health care facility may employ or otherwise allow a person who has successfully completed a program for surgical technologists that is accredited by a national accrediting organization but who is not certified as a Certified Surgical Technologist pursuant to paragraph (a) of subsection 1 to engage in the practice of surgical technology at the health care facility for 180 days after the date on which the person successfully completed the program.

      3.  A health care facility may employ a person who does not possess the qualifications prescribed by subsection 1 to engage in the practice of surgical technology at the health care facility if, after conducting a thorough and diligent search, the health care facility is unable to employ a sufficient number of surgical technologists who possess such qualifications. A health care facility may continue to employ such a person after the health care facility determines it is able to employ a sufficient number of surgical technologists who possess such qualifications.

      Sec. 5. Except as otherwise provided in section 6 of this act, a health care facility that employs or otherwise allows a person to engage in the practice of surgical technology at the health care facility shall:

      1.  Ensure that each such person, including, without limitation, a person who does not possess the qualifications prescribed by subsection 1 of section 4 of this act, successfully completes not less than 15 hours annually of continuing education concerning the practice of surgical technology; and

      2.  Maintain records showing that the health care facility is in compliance with this section and section 4 of this act, including, without limitation:

      (a) Records of continuing education completed by surgical technologists;

      (b) Records demonstrating that a surgical technologist employed by the health care facility possesses the qualifications prescribed by subsection 1 of section 4 of this act; and

      (c) If the health care facility employs a person who does not possess the qualifications prescribed by subsection 1 of section 4 of this act pursuant to subsection 3 of that section, records of the efforts of the health care facility to search for a sufficient number of surgical technologists who possess the qualifications prescribed by subsection 1 of that section before employing the person.

      Sec. 6. Sections 4 and 5 of this act do not apply to a person who is licensed or certified pursuant to title 54 of NRS and performs an activity listed in section 2 of this act that is within the scope of such licensure or certification.

      Sec. 7. NRS 449.0301 is hereby amended to read as follows:

      449.0301  The provisions of NRS 449.030 to 449.2428, inclusive, and sections 2 to 6, inclusive, of this act do not apply to:

      1.  Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of the church or denomination, except that such a facility shall comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.

 


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for healing in the practice of the religion of the church or denomination, except that such a facility shall comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.

      2.  Foster homes as defined in NRS 424.014.

      3.  Any medical facility or facility for the dependent operated and maintained by the United States Government or an agency thereof.

      Sec. 8. NRS 449.0302 is hereby amended to read as follows:

      449.0302  1.  The Board shall adopt:

      (a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.030 to 449.2428, inclusive, and sections 2 to 6, inclusive, of this act, and for programs of hospice care.

      (b) Regulations governing the licensing of such facilities and programs.

      (c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his or her home without being considered a residential facility for groups pursuant to NRS 449.017. The regulations must require that such grants are effective only if made in writing.

      (d) Regulations establishing a procedure for the indemnification by the Division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive surgery pursuant to NRS 449.068 or 449.069, of a patient of the facility who has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.

      (e) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.030 to 449.2428, inclusive [.] , and sections 2 to 6, inclusive, of this act.

      2.  The Board shall adopt separate regulations governing the licensing and operation of:

      (a) Facilities for the care of adults during the day; and

      (b) Residential facilities for groups,

Ê which provide care to persons with Alzheimer’s disease.

      3.  The Board shall adopt separate regulations for:

      (a) The licensure of rural hospitals which take into consideration the unique problems of operating such a facility in a rural area.

      (b) The licensure of facilities for refractive surgery which take into consideration the unique factors of operating such a facility.

      (c) The licensure of mobile units which take into consideration the unique factors of operating a facility that is not in a fixed location.

      4.  The Board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.

      5.  In addition to the training requirements prescribed pursuant to NRS 449.093, the Board shall establish minimum qualifications for administrators and employees of residential facilities for groups. In establishing the qualifications, the Board shall consider the related standards set by nationally recognized organizations which accredit such facilities.

      6.  The Board shall adopt separate regulations regarding the assistance which may be given pursuant to NRS 453.375 and 454.213 to an ultimate user of controlled substances or dangerous drugs by employees of residential facilities for groups. The regulations must require at least the following conditions before such assistance may be given:

 


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      (a) The ultimate user’s physical and mental condition is stable and is following a predictable course.

      (b) The amount of the medication prescribed is at a maintenance level and does not require a daily assessment.

      (c) A written plan of care by a physician or registered nurse has been established that:

             (1) Addresses possession and assistance in the administration of the medication; and

             (2) Includes a plan, which has been prepared under the supervision of a registered nurse or licensed pharmacist, for emergency intervention if an adverse condition results.

      (d) The prescribed medication is not administered by injection or intravenously.

      (e) The employee has successfully completed training and examination approved by the Division regarding the authorized manner of assistance.

      7.  The Board shall adopt separate regulations governing the licensing and operation of residential facilities for groups which provide assisted living services. The Board shall not allow the licensing of a facility as a residential facility for groups which provides assisted living services and a residential facility for groups shall not claim that it provides “assisted living services” unless:

      (a) Before authorizing a person to move into the facility, the facility makes a full written disclosure to the person regarding what services of personalized care will be available to the person and the amount that will be charged for those services throughout the resident’s stay at the facility.

      (b) The residents of the facility reside in their own living units which:

             (1) Except as otherwise provided in subsection 8, contain toilet facilities;

             (2) Contain a sleeping area or bedroom; and

             (3) Are shared with another occupant only upon consent of both occupants.

      (c) The facility provides personalized care to the residents of the facility and the general approach to operating the facility incorporates these core principles:

             (1) The facility is designed to create a residential environment that actively supports and promotes each resident’s quality of life and right to privacy;

             (2) The facility is committed to offering high-quality supportive services that are developed by the facility in collaboration with the resident to meet the resident’s individual needs;

             (3) The facility provides a variety of creative and innovative services that emphasize the particular needs of each individual resident and the resident’s personal choice of lifestyle;

             (4) The operation of the facility and its interaction with its residents supports, to the maximum extent possible, each resident’s need for autonomy and the right to make decisions regarding his or her own life;

             (5) The operation of the facility is designed to foster a social climate that allows the resident to develop and maintain personal relationships with fellow residents and with persons in the general community;

             (6) The facility is designed to minimize and is operated in a manner which minimizes the need for its residents to move out of the facility as their respective physical and mental conditions change over time; and

 


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             (7) The facility is operated in such a manner as to foster a culture that provides a high-quality environment for the residents, their families, the staff, any volunteers and the community at large.

      8.  The Division may grant an exception from the requirement of subparagraph (1) of paragraph (b) of subsection 7 to a facility which is licensed as a residential facility for groups on or before July 1, 2005, and which is authorized to have 10 or fewer beds and was originally constructed as a single-family dwelling if the Division finds that:

      (a) Strict application of that requirement would result in economic hardship to the facility requesting the exception; and

      (b) The exception, if granted, would not:

             (1) Cause substantial detriment to the health or welfare of any resident of the facility;

             (2) Result in more than two residents sharing a toilet facility; or

             (3) Otherwise impair substantially the purpose of that requirement.

      9.  The Board shall, if it determines necessary, adopt regulations and requirements to ensure that each residential facility for groups and its staff are prepared to respond to an emergency, including, without limitation:

      (a) The adoption of plans to respond to a natural disaster and other types of emergency situations, including, without limitation, an emergency involving fire;

      (b) The adoption of plans to provide for the evacuation of a residential facility for groups in an emergency, including, without limitation, plans to ensure that nonambulatory patients may be evacuated;

      (c) Educating the residents of residential facilities for groups concerning the plans adopted pursuant to paragraphs (a) and (b); and

      (d) Posting the plans or a summary of the plans adopted pursuant to paragraphs (a) and (b) in a conspicuous place in each residential facility for groups.

      10.  The regulations governing the licensing and operation of facilities for transitional living for released offenders must provide for the licensure of at least three different types of facilities, including, without limitation:

      (a) Facilities that only provide a housing and living environment;

      (b) Facilities that provide or arrange for the provision of supportive services for residents of the facility to assist the residents with reintegration into the community, in addition to providing a housing and living environment; and

      (c) Facilities that provide or arrange for the provision of alcohol and drug abuse programs, in addition to providing a housing and living environment and providing or arranging for the provision of other supportive services.

Ê The regulations must provide that if a facility was originally constructed as a single-family dwelling, the facility must not be authorized for more than eight beds.

      11.  As used in this section, “living unit” means an individual private accommodation designated for a resident within the facility.

      Sec. 9. NRS 449.0306 is hereby amended to read as follows:

      449.0306  1.  Money received from licensing medical facilities and facilities for the dependent must be forwarded to the State Treasurer for deposit in the State General Fund.

      2.  The Division shall enforce the provisions of NRS 449.030 to 449.245, inclusive, and sections 2 to 6, inclusive, of this act, and may incur any necessary expenses not in excess of money appropriated for that purpose by the State or received from the Federal Government.

 


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any necessary expenses not in excess of money appropriated for that purpose by the State or received from the Federal Government.

      Sec. 10. NRS 449.0308 is hereby amended to read as follows:

      449.0308  1.  Except as otherwise provided in this section, the Division may charge and collect from a medical facility or facility for the dependent or a person who operates such a facility without a license issued by the Division the actual costs incurred by the Division for the enforcement of the provisions of NRS 449.030 to 449.2428, inclusive, including, without limitation, the actual cost of conducting an inspection or investigation of the facility.

      2.  The Division shall not charge and collect the actual cost for enforcement pursuant to subsection 1 if the enforcement activity is:

      (a) Related to the issuance or renewal of a license for which the Board charges a fee pursuant to NRS 449.050 or 449.089; or

      (b) Conducted pursuant to an agreement with the Federal Government which has appropriated money for that purpose.

      3.  Any money collected pursuant to subsection 1 may be used by the Division to administer and carry out the provisions of NRS 449.030 to 449.2428, inclusive, and the regulations adopted pursuant thereto.

      4.  The provisions of this section do not apply to any costs incurred by the Division for the enforcement of the provisions of section 4, 5 or 6 of this act.

      Sec. 11. NRS 449.160 is hereby amended to read as follows:

      449.160  1.  The Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.030 to 449.2428, inclusive, and sections 2 to 6, inclusive, of this act upon any of the following grounds:

      (a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.030 to 449.245, inclusive, and sections 2 to 6, inclusive, of this act, or of any other law of this State or of the standards, rules and regulations adopted thereunder.

      (b) Aiding, abetting or permitting the commission of any illegal act.

      (c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.

      (d) Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.

      (e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, and sections 2 to 6, inclusive, of this act and 449.435 to 449.965, inclusive, if such approval is required.

      (f) Failure to comply with the provisions of NRS 449.2486.

      2.  In addition to the provisions of subsection 1, the Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:

      (a) Is convicted of violating any of the provisions of NRS 202.470;

      (b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or

 


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      (c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.

      3.  The Division shall maintain a log of any complaints that it receives relating to activities for which the Division may revoke the license to operate a facility for the dependent pursuant to subsection 2. The Division shall provide to a facility for the care of adults during the day:

      (a) A summary of a complaint against the facility if the investigation of the complaint by the Division either substantiates the complaint or is inconclusive;

      (b) A report of any investigation conducted with respect to the complaint; and

      (c) A report of any disciplinary action taken against the facility.

Ê The facility shall make the information available to the public pursuant to NRS 449.2486.

      4.  On or before February 1 of each odd-numbered year, the Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:

      (a) Any complaints included in the log maintained by the Division pursuant to subsection 3; and

      (b) Any disciplinary actions taken by the Division pursuant to subsection 2.

      Sec. 12. NRS 449.163 is hereby amended to read as follows:

      449.163  1.  In addition to the payment of the amount required by NRS 449.0308, if a medical facility or facility for the dependent violates any provision related to its licensure, including any provision of NRS 439B.410 or 449.030 to 449.2428, inclusive, and sections 2 to 6, inclusive, of this act, or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to NRS 449.165, may:

      (a) Prohibit the facility from admitting any patient until it determines that the facility has corrected the violation;

      (b) Limit the occupancy of the facility to the number of beds occupied when the violation occurred, until it determines that the facility has corrected the violation;

      (c) If the license of the facility limits the occupancy of the facility and the facility has exceeded the approved occupancy, require the facility, at its own expense, to move patients to another facility that is licensed;

      (d) Impose an administrative penalty of not more than $1,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and

      (e) Appoint temporary management to oversee the operation of the facility and to ensure the health and safety of the patients of the facility, until:

             (1) It determines that the facility has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations; or

             (2) Improvements are made to correct the violation.

      2.  If a violation by a medical facility or facility for the dependent relates to the health or safety of a patient, an administrative penalty imposed pursuant to paragraph (d) of subsection 1 must be in a total amount of not less than $1,000 and not more than $10,000 for each patient who was harmed or at risk of harm as a result of the violation.

 


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      3.  If the facility fails to pay any administrative penalty imposed pursuant to paragraph (d) of subsection 1, the Division may:

      (a) Suspend the license of the facility until the administrative penalty is paid; and

      (b) Collect court costs, reasonable attorney’s fees and other costs incurred to collect the administrative penalty.

      4.  The Division may require any facility that violates any provision of NRS 439B.410 or 449.030 to 449.2428, inclusive, and sections 2 to 6, inclusive, of this act, or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.

      5.  Any money collected as administrative penalties pursuant to paragraph (d) of subsection 1 must be accounted for separately and used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, and sections 2 to 6, inclusive, of this act and 449.435 to 449.965, inclusive, to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards or for any other purpose authorized by the Legislature.

      Sec. 13. NRS 449.220 is hereby amended to read as follows:

      449.220  1.  The Division may bring an action in the name of the State to enjoin any person, state or local government unit or agency thereof from operating or maintaining any facility within the meaning of NRS 449.030 to 449.2428, inclusive [:] , and sections 2 to 6, inclusive, of this act:

      (a) Without first obtaining a license therefor; or

      (b) After his or her license has been revoked or suspended by the Division.

      2.  It is sufficient in such action to allege that the defendant did, on a certain date and in a certain place, operate and maintain such a facility without a license.

      Sec. 14. NRS 449.240 is hereby amended to read as follows:

      449.240  The district attorney of the county in which the facility is located shall, upon application by the Division, institute and conduct the prosecution of any action for violation of any provisions of NRS 449.030 to 449.245, inclusive [.] , and sections 2 to 6, inclusive, of this act.

      Sec. 15. NRS 449.241 is hereby amended to read as follows:

      449.241  As used in NRS 449.241 to 449.2428, inclusive, and sections 2 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 449.2413 to 449.2418, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 16.  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. 17.  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.

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CHAPTER 79, AB 28

Assembly Bill No. 28–Committee on Judiciary

 

CHAPTER 79

 

[Approved: May 23, 2017]

 

AN ACT relating to the Commission on Judicial Discipline; authorizing the Commission to order a justice of the peace or municipal judge to forfeit his or her office for failure to attend certain required instruction; establishing procedures for the Commission to order such a forfeiture of office; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the Commission on Judicial Discipline to discipline a judge under certain circumstances. (NRS 1.4653) Existing law also requires a newly elected or appointed justice of the peace or municipal judge to attend certain mandatory instruction unless he or she secures a written order excusing his or her attendance from a judge of the district court of the county where the justice or the judge serves and files this order with the Court Administrator. If a newly elected or appointed justice of the peace or municipal judge fails to attend the required instruction or fails to secure and properly file a written order excusing his or her attendance, he or she is required to forfeit his or her office. (NRS 4.036, 5.026)

      Section 4 of this bill authorizes the Commission to order a justice of the peace or municipal judge to forfeit his or her office if he or she fails to attend the required instruction without a reasonable excuse. Section 1 of this bill requires the Commission to give a justice of the peace or a municipal judge 30 days’ notice and an opportunity to respond and to hold a public hearing before the Commission orders the justice of the peace or municipal judge to forfeit his or her office.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      1.  If the Commission reasonably believes that a justice of the peace or municipal judge failed to attend the instruction required pursuant to NRS 4.036 or 5.026, as applicable, without a reasonable excuse, the Commission shall give the justice of the peace or the municipal judge:

      (a) Thirty days’ notice of its intention to order the justice of the peace or municipal judge to forfeit his or her office pursuant to this section; and

      (b) An opportunity to respond.

      2.  The Commission shall hold a public hearing before ordering the justice of the peace or municipal judge to forfeit his or her office, unless the justice of the peace or municipal judge waives the right to the hearing. The decision of the Commission must be made public.

      3.  A justice of the peace or municipal judge ordered to forfeit his or her office pursuant to this section may appeal the order to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution. If a justice of the peace or a municipal judge appeals such an order to forfeit his or her office:

 


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      (a) The standard of review for such an appeal is an abuse of discretion standard; and

      (b) The proceedings held at the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court concerning the order to forfeit office must be open to the public.

      Sec. 2. NRS 1.425 is hereby amended to read as follows:

      1.425  As used in NRS 1.425 to 1.4695, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 1.4253 to 1.4296, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3. NRS 1.465 is hereby amended to read as follows:

      1.465  1.  The following persons are absolutely immune from suit for all conduct at any time in the course of their official duties:

      (a) Any member who serves on the Commission;

      (b) Any person employed by the Commission;

      (c) Any independent contractor of the Commission; and

      (d) Any person who performs services pursuant to NRS 1.450 or 1.460 for the Commission.

      2.  Except as otherwise provided in NRS 1.4683, the following persons are absolutely immune from suit unless convicted of committing perjury before the Commission pursuant to NRS 199.120 to 199.200, inclusive:

      (a) A person who files a complaint with the Commission pursuant to NRS 1.4655;

      (b) A person who gives testimony at a hearing held by the Commission pursuant to NRS 1.4673 or 1.4675 [;] or section 1 of this act; and

      (c) A person who gives a statement to an investigator of the Commission during an authorized investigation.

      Sec. 4. NRS 1.4653 is hereby amended to read as follows:

      1.4653  1.  The Commission may remove a judge, publicly censure a judge or impose other forms of discipline on a judge if the Commission determines that the judge:

      (a) Has committed willful misconduct;

      (b) Has willfully or persistently failed to perform the duties of office; or

      (c) Is habitually intemperate.

      2.  The Commission may publicly censure a judge or impose other forms of discipline on a judge if the Commission determines that the judge has violated one or more of the provisions of the Nevada Code of Judicial Conduct in a manner that is not knowing or deliberate.

      3.  The Commission may retire a judge if the Commission determines that:

      (a) The advanced age of the judge interferes with the proper performance of judicial duties; or

      (b) The judge suffers from a mental or physical disability that prevents the proper performance of judicial duties and is likely to be permanent in nature.

      4.  The Commission may order a justice of the peace or a municipal judge to forfeit his or her office if he or she fails to attend the instruction required pursuant to NRS 4.036 or 5.026, as applicable, unless the Commission finds that there was a reasonable excuse for the failure to attend the instruction.

      5.  As used in this section:

 


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      (a) “Habitually intemperate” means the chronic, excessive use of alcohol or another substance that affects mental processes, awareness or judgment.

      (b) “Willful misconduct” includes:

             (1) Conviction of any crime involving moral turpitude;

             (2) A knowing or deliberate violation of one or more of the provisions of the Nevada Code of Judicial Conduct; and

             (3) A knowing or deliberate act or omission in the performance of judicial or administrative duties that:

                   (I) Involves fraud or bad faith or amounts to a public offense; and

                   (II) Tends to corrupt or impair the administration of justice in a judicial proceeding.

Ê The term does not include claims of error or abuse of discretion in findings of fact, legal decisions or procedural rulings unless supported by evidence of abuse of authority, a disregard for fundamental rights, an intentional disregard of the law, a pattern of legal error or an action taken for a purpose other than the faithful discharge of judicial duty.

      Sec. 5. NRS 1.4656 is hereby amended to read as follows:

      1.4656  Except as otherwise expressly provided in NRS 1.425 to 1.4695, inclusive, and section 1 of this act or any other applicable provision of law, a determination or finding by the Commission must be recorded in the minutes of the proceedings of the Commission if the determination or finding is made before:

      1.  The filing of a formal statement of charges against a judge pursuant to NRS 1.467; [or]

      2.  The Commission suspends a judge pursuant to NRS 1.4675 [.] ; or

      3.  The Commission orders a justice of the peace or municipal judge to forfeit his or her office pursuant to section 1 of this act.

      Sec. 6. NRS 1.4687 is hereby amended to read as follows:

      1.4687  1.  Except as otherwise provided in subsection 2:

      (a) Upon the filing of a formal statement of charges with the Commission by the special counsel, the statement and other documents later formally filed with the Commission must be made accessible to the public, and hearings must be open.

      (b) If a formal statement of charges has not been filed with the Commission and the Commission holds a hearing to suspend a judge pursuant to NRS 1.4675, any transcript of the hearing and any documents offered as evidence at the hearing must be made accessible to the public.

      (c) If the Commission holds a hearing to order a justice of the peace or municipal judge to forfeit his or her office pursuant to section 1 of this act, any transcript of the hearing and any documents offered as evidence at the hearing must be made accessible to the public.

      2.  Regardless of whether any formal statement of charges has been filed with the Commission, medical records and any other documents or exhibits offered as evidence which are privileged pursuant to chapter 49 of NRS must not be made accessible to the public.

      3.  The Commission’s deliberative sessions must remain private and any minutes of such sessions must remain confidential.

      4.  The filing of a formal statement of charges does not justify the Commission, its counsel, staff or independent contractors retained by the Commission in making public any correspondence, notes, work papers, interview reports or other evidentiary matter, except at the formal hearing or with explicit consent of the judge named in the complaint.

 


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      Sec. 6.3. NRS 4.036 is hereby amended to read as follows:

      4.036  1.  Each justice of the peace who is first elected or appointed to office after July 1, 1971, shall attend the instruction provided pursuant to NRS 4.035, on the first occasion when such instruction is offered after the election or appointment of the justice of the peace, unless excused by written order of a judge of the district court in and for his or her county, which shall be filed with the Court Administrator. Such order is final for all purposes.

      2.  If a justice of the peace fails to attend such instruction without securing a written order pursuant to subsection 1, the justice of the peace forfeits his or her office [.] unless the Commission on Judicial Discipline finds pursuant to section 1 of this act that there was a reasonable excuse for the failure to attend such instruction.

      Sec. 6.7. NRS 5.026 is hereby amended to read as follows:

      5.026  1.  Each municipal judge who is first elected or appointed to office after July 1, 1971, shall attend the instruction provided pursuant to NRS 5.025, on the first occasion when such instruction is offered after the election or appointment of the municipal judge, unless excused by written order of a judge of the district court in and for the county where the city is situated, which must be filed with the Court Administrator. Such an order is final for all purposes.

      2.  If a municipal judge fails to attend such instruction without securing a written order pursuant to subsection 1, the municipal judge forfeits his or her office [.] unless the Commission on Judicial Discipline finds pursuant to section 1 of this act that there was a reasonable excuse for the failure to attend such instruction.

      Sec. 7.  This act becomes effective upon passage and approval.

________

CHAPTER 80, AB 32

Assembly Bill No. 32–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 80

 

[Approved: May 23, 2017]

 

AN ACT relating to pest control; requiring certain persons who engage in pest control, including governmental agencies and their employees, to obtain a certificate or license from the Director of the State Department of Agriculture; establishing procedures relating to such certification and licensure; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law generally prohibits any person from using pesticides or otherwise engaging in the business of pest control without a license from the Director of the State Department of Agriculture. (NRS 555.280, 555.285) For the purposes of these provisions, “person” is defined to include a government, governmental agency and political subdivision of a government. (NRS 555.266) Sections 9-13, 19 and 21 of this bill provide explicitly for the certification of any governmental agency and licensure of any employee of such an agency who engages in pest control.

 


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      Existing law provides exemptions from licensing requirements for certain farmers and landscape-maintenance businesses. Currently, to be exempt, a farmer must not be regularly engaged in the business of applying pesticides or performing pest control “for hire.” (NRS 555.277) Section 22 of this bill removes the “for hire” limitation, with the result that a farmer who is paid for his or her services is still exempt if the other statutory conditions are satisfied. Section 22 also revises the “landscaping” exemption by making it applicable only to a “gardener” who uses certain pesticides.

      Under existing law, a person may not engage “for hire” in certain pest control activities relating to termites and other wood-destroying pests or organisms without a license issued by the Director. (NRS 555.285) Section 24 of this bill extends the licensure requirement to any person who provides or offers to provide such services without charge.

      This bill otherwise provides for the licensure of businesses who engage in pest control and certain natural persons who are owners, officers, partners, members or technicians of such a business. Section 30 of this bill expands the circumstances under which the Director may investigate a licensee to include certain licensed applicators and government applicators. Section 31 of this bill provides that any application for a license submitted by a natural person must be accompanied by a fee in a certain amount. Section 31 also authorizes the applicant, in lieu of submitting his or her fingerprints and written permission to conduct a background check of the applicant, to submit any document or other information required by the Department to perform the background check. The document or other information must be accompanied by any fees required by the Department. If disciplinary action is initiated against a licensee who is a natural person, section 32 of this bill requires the licensee to submit, within 30 days after receiving notice of disciplinary action and in accordance with any regulations adopted by the Department, any document or other information required to perform a background check of the licensee. The document or other information must be accompanied by any fees required by the Department. Sections 31 and 32 also revise the types of crimes for which the Director may refuse to issue or revoke, suspend or modify a license to engage in pest control.

 

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 555 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.

      Sec. 2. “Applicator” means a natural person who engages in pest control. The term does not include a government applicator.

      Sec. 3. “Business license” means a license to engage in pest control from a place of business identified on the license, issued by the Department to a natural person or business entity to operate as a pest control business.

      Sec. 4. “General-use pesticide” means a pesticide that has not been determined to be or classified as a restricted-use pesticide:

      1.  By the Director; or

      2.  In accordance with the Federal Environmental Pesticide Control Act of 1972, 7 U.S.C. §§ 136 et seq.

      Sec. 5. “Government applicator” means a natural person who:

      1.  Is employed by a city, county, state or other governmental agency, including, without limitation, a conservation district or a weed control district; and

      2.  Engages in pest control in the course and scope of his or her employment and only within the jurisdiction of the governmental agency.

 


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      Sec. 6. “Governmental agency certificate” means a certificate to engage in pest control issued by the Director to a city, county, state or other governmental agency.

      Sec. 7. “Location principal” means the primary principal of a pest control business who has been designated by the business as the person responsible for the daily supervision of each category of pest control conducted from a location of the business.

      Sec. 8. “Unlicensed employee” means an employee of a city, county, state or other governmental agency who:

      1.  Is not so employed for more than 1,039 hours in any 12-month period; and

      2.  Has complied with any requirements for training specified in regulations adopted by the Department.

      Sec. 9. A city, county, state or other governmental agency shall not engage in pest control without a governmental agency certificate issued by the Director.

      Sec. 10. 1.  A government applicator shall not engage in pest control within the course and scope of his or her employment without a license issued by the Director. The provisions of this subsection do not prohibit the use of a general-use pesticide by an unlicensed employee under the supervision of a government applicator.

      2.  As used in this section, “supervision” means:

      (a) The exercise of responsibility and provision of guidance for an unlicensed employee by a government applicator; and

      (b) The physical presence of the government applicator at the location where the unlicensed employee applies the general-use pesticide, if required by the label placed on the container for the general-use pesticide.

      Sec. 11. 1.  An application for a governmental agency certificate or license as a government applicator must be made to the Director and contain such information regarding the applicant’s qualifications and proposed operations and other relevant matters as required by regulation of the Director.

      2.  An application for a license as a government applicator must include the social security number of the applicant.

      3.  A city, county, state or other governmental agency is not required to obtain more than one governmental agency certificate to engage in pest control within its jurisdiction.

      Sec. 12. 1.  The Director shall require an applicant for a license as a government applicator to show, upon examination, that the applicant possesses adequate knowledge concerning the proper use and application of pesticides and the dangers involved and precautions to be taken in connection with their application, including, without limitation, the comprehension of pesticide labels and:

      (a) The environmental consequences of pesticide use and misuse.

      (b) Pests.

      (c) Pesticides.

      (d) Equipment.

      (e) Application techniques.

      (f) Applicable laws and regulations.

      (g) Safety.

 


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      2.  The Director may require an applicant to demonstrate that he or she is competent to meet the specific needs of a locality relating to the use or application of a pesticide.

      3.  The Director shall collect from each applicant for examination or reexamination a testing fee established by regulation of the Director.

      Sec. 13. 1.  If the Director finds that an applicant for a license as a government applicator is qualified, Director shall issue the license and collect the fee for the license established by regulation of the Director.

      2.  A governmental agency certificate or license as a government applicator is valid for the period established by regulation of the Director and may be renewed as provided by regulation.

      3.  A license as a government applicator:

      (a) In addition to authorizing the licensee to engage in pest control, authorizes the licensee to use a restricted-use pesticide without obtaining a certificate issued by the Director pursuant to NRS 555.357, if the licensee otherwise complies with the provisions of this chapter and any regulations adopted pursuant to this chapter governing the use of restricted-use pesticides.

      (b) May limit the licensee to the use of a certain type of equipment or material if the Director finds that the licensee is qualified to use only that type of equipment or material.

      4.  If the Director denies an application for a governmental agency certificate or license as a government applicator pursuant to this section, the Director shall inform the applicant in writing of the reasons for the denial.

      Sec. 14.  (Deleted by amendment.)

      Sec. 15. NRS 555.2605 is hereby amended to read as follows:

      555.2605  As used in NRS 555.2605 to 555.460, inclusive, and sections 2 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 555.261 to 555.2695, inclusive, and sections 2 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 16. NRS 555.261 is hereby amended to read as follows:

      555.261  “Agent” means any person who solicits business [in] on behalf of [a custom pest control licensee.] the holder of a business license.

      Sec. 17. NRS 555.2617 is hereby amended to read as follows:

      555.2617  “Certificate” means a certificate of competency issued by the Director to a commercial applicator or private applicator authorizing [that person] the applicator to make application of or to supervise the application of a restricted-use pesticide.

      Sec. 18. NRS 555.2618 is hereby amended to read as follows:

      555.2618  “Certified applicator” means any [person] applicator who is certified by the Director as qualified to use or to supervise the use of any restricted-use pesticide.

      Sec. 19. NRS 555.2667 is hereby amended to read as follows:

      555.2667  “Pest control” means conducting as a function of the agency, in the case of a city, county, state or other governmental agency, or publicly holding oneself out as being in the business of detecting, preventing, controlling or exterminating pests or otherwise engaging in, advertising or soliciting for:

      1.  The use [for hire] of pesticides or mechanical devices for the extermination, control or prevention of infestations of pests.

 


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      2.  The inspection [for hire] of households or other structures and the submission of reports of inspection, estimates or bids, written or oral, for the inspection, extermination, control or prevention of wood-destroying pests.

      Sec. 20. NRS 555.270 is hereby amended to read as follows:

      555.270  It is the policy of this State and the purpose of NRS 555.2605 to 555.460, inclusive, and sections 2 to 14, inclusive, of this act to regulate, in the public interest, the application of pesticides which, although valuable for the control of pests, may seriously injure humans, animals and crops over wide areas if not properly applied.

      Sec. 21. NRS 555.273 is hereby amended to read as follows:

      555.273  All state agencies, municipal corporations and public utilities or any other governmental agency [shall be] and any government applicator is subject to the provisions of NRS 555.2605 to 555.460, inclusive, and sections 2 to 14, inclusive, and rules adopted thereunder concerning the application of restricted-use pesticides by any person.

      Sec. 22. NRS 555.277 is hereby amended to read as follows:

      555.277  1.  The provisions of NRS 555.2605 to 555.460, inclusive, and sections 2 to 14, inclusive, of this act relating to licenses and requirements for their issuance, except those provisions relating to a certificate or permit to use a restricted-use pesticide, do not apply to any farmer-owner of ground equipment applying pesticides for himself, herself or his or her neighbors, if:

      (a) The farmer-owner operates farm property and operates and maintains equipment for applying pesticides primarily for his or her own use ; [.]

      (b) The farmer-owner is not regularly engaged in the business of applying pesticides or performing pest control [for hire] as an operator, primary principal or principal or as a regular occupation, and the farmer-owner does not advertise or solicit pest control or publicly hold himself or herself out as being in the business of pest control or as [a pesticide] an applicator [.] ; and

      (c) The farmer-owner operates his or her equipment for applying pesticides only in the vicinity of the farmer-owner’s own property and for the accommodation of the farmer-owner’s neighbors for agricultural purposes only.

      2.  The provisions of NRS 555.2605 to 555.460, inclusive, and sections 2 to 14, inclusive, of this act, except those provisions relating to a certificate or permit to use a restricted-use pesticide, do not apply to [any person] a gardener using hand-powered equipment, devices or contrivances to apply any pesticides of toxicity class III or IV, as classified by the United States Environmental Protection Agency, to any [landscaped area] lawn or garden as an incidental part of [the person’s] his or her business of taking care of a [landscaped area] lawn or garden for remuneration, if [that person] he or she does not advertise or solicit pest control or publicly hold himself or herself out as being in the business of pest control or applying pesticides . [and the cost of applying the pesticides does not exceed 20 percent of the total remuneration received.] As used in this subsection, “gardener” means a person who owns, operates or is employed by a business that provides routine care of a lawn or garden for a homeowner.

      Sec. 23. NRS 555.280 is hereby amended to read as follows:

      555.280  A natural person , including, without limitation, any consultant, demonstrator, researcher or specialist, shall not engage in pest control or serve as an agent, operator, pilot, primary principal , location principal or principal for that purpose within this State at any time without a license as an applicator issued by the Director.

 


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principal or principal for that purpose within this State at any time without a license as an applicator issued by the Director.

      Sec. 24. NRS 555.285 is hereby amended to read as follows:

      555.285  A natural person shall not [, for hire,] engage in, offer to engage in, advertise or solicit to perform any of the following pest control activities concerning wood-destroying pests or organisms without a license as an applicator issued by the Director:

      1.  Making an inspection to identify or to attempt to identify infestations or infections of households or other structures by those pests or organisms.

      2.  Making or altering inspection reports concerning the infestations or infections.

      3.  Making estimates or bids, whether written or oral, concerning the infestations or infections.

      4.  Submitting bids to perform any work involving the application of pesticides for the elimination, extermination, control or prevention of infestations or infections of those pests.

      Sec. 25. NRS 555.290 is hereby amended to read as follows:

      555.290  1.  An application for a business license or license as an applicator must be submitted to the Director and must set forth such information regarding the applicant’s qualifications and proposed operations and other relevant matters as required [pursuant to regulations adopted] by regulation of the Director. If the applicant is a natural person, the application must include the social security number of the applicant.

      2.  The Director may require an applicant for a business license to establish to the satisfaction of the Director that a primary principal who is licensed as an applicator is associated with the business of the applicant.

      3.  If an applicant fails to complete the licensing requirements within 30 days after the date on which the applicant submits his or her application, the applicant forfeits all fees he or she has tendered. Thereafter the applicant may reinitiate the application process upon payment of the appropriate fees.

      Sec. 26. NRS 555.300 is hereby amended to read as follows:

      555.300  1.  [The] If an applicant for a license as an applicator is a primary principal or principal of a pest control business, the Director may require the applicant to show, upon examination, that the applicant possesses adequate knowledge concerning the proper use and application of pesticides and the dangers involved and precautions to be taken in connection with their application.

      2.  If [the] an applicant for a business license is not a natural person, the applicant shall designate an officer, member or technician of the [organization] business entity to take the examination. The person so designated is subject to the approval of the Director. If the extent of the applicant’s operations require it, the Director may require more than one officer, member or technician to take the examination.

      3.  [The] An applicant described in subsection 1 or the person designated by [the] an applicant for a business license in accordance with the provisions of subsection 2 must have attained the age of majority and have:

      (a) Not less than 2 years’ practical experience in pest control; or

      (b) Possess university credits of not less than 16 credit hours in biological sciences of which not less than 8 credit hours must be in subjects

 


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directly related to the categories of pest control in which the applicant wishes to be licensed and have 6 or more months of practical experience in pesticide application or related pest control.

      4.  The requirements of subsection 3 do not apply to persons holding a license issued by the Director before July 1, 1973, or to the renewal of the license of any such person.

      Sec. 27. NRS 555.310 is hereby amended to read as follows:

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

      2.  The Director shall, before the license or certificate is issued, collect from each person applying for a business license [for pest control an annual] , governmental agency certificate or license as an applicator or government applicator a fee established by regulation of the Director. Any person employing primary principals, location principals, principals, operators or agents shall pay to the Director a fee established by regulation of the Director for each primary principal, location principal, principal, operator or agent licensed.

      Sec. 28. NRS 555.320 is hereby amended to read as follows:

      555.320  1.  If the Director finds [the] an applicant for a business license or a license as an applicator to be qualified, and upon the applicant’s appointing the Director agent for service of process and finding that the applicant has satisfied the requirements of NRS 555.325 and 555.330, as applicable, the Director shall issue [a] the license [to perform pest control within this State.] as applied for.

      2.  The license [period is the calendar year. All licenses expire on December 31 of each year.] is valid for the period specified by regulation of the Director. The license may be renewed [annually] upon application to the Director and payment of the applicable license fee . [on or before December 31 of each year. If the holder of the license is a natural person, the holder must submit with his or her application for renewal the statement required pursuant to NRS 555.325.]

      3.  The license may restrict the licensee to the use of a certain type or types of equipment or materials if the Director finds that the applicant is qualified to use only a certain type or types.

      4.  If a license is not issued as applied for, the Director shall inform the applicant in writing of the reasons therefor.

      Sec. 29. NRS 555.325 is hereby amended to read as follows:

      555.325  1.  A natural person who applies for the issuance or renewal of a license [to perform pest control] pursuant to NRS 555.2605 to 555.460, inclusive, and sections 2 to 14, inclusive, of this act shall submit to the Director the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Director shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

      (b) A separate form prescribed by the Director.

      3.  A license [to perform pest control] may not be issued or renewed by the Director if the applicant is a natural person who:

 


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      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Director shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 30. NRS 555.330 is hereby amended to read as follows:

      555.330  1.  The Director shall require from each applicant for a [pest control] business license proof of public liability and property damage insurance in an amount of:

      (a) Except as otherwise provided in paragraph (b), not less than $50,000.

      (b) If the business license would authorize the application of pesticides by aircraft:

             (1) Not less than $100,000 for bodily injury to or death of one person in any one accident;

             (2) Subject to the limit for one person, not less than $300,000 for bodily injury to or death of two or more persons in any one accident; and

             (3) Not less than $100,000 for each occurrence of damage to property in any one accident.

Ê The Director may accept a liability insurance policy or surety bond in the proper amount.

      2.  The Director may require drift insurance for the use of pesticides or other materials declared hazardous or dangerous to humans, livestock, wildlife, crops or plantlife.

      3.  Any person injured by the breach of any such obligation is entitled to sue in his or her own name in any court of competent jurisdiction to recover the damages the person sustained by that breach, if each claim is made within 6 months after the alleged injury.

      4.  The Director on his or her own motion may, or upon receipt of a verified complaint of an interested person shall, investigate, as he or she deems necessary, any loss or damage resulting from the application of any pesticide by a licensed applicator, licensed government applicator, licensed pest control operator, primary principal , location principal or principal. A verified complaint of loss or damage must be filed within 60 days after the time that the occurrence of the loss or damage becomes known except that, if a growing crop is alleged to have been damaged, the verified complaint must be filed before 50 percent of the crop has been harvested. A report of investigations resulting from a verified complaint must be furnished to the person who filed the complaint.

      Sec. 31. NRS 555.345 is hereby amended to read as follows:

      555.345  1.  The Director may refuse to issue a license [to perform pest control] as an applicator to any person who:

      (a) Is a primary principal , location principal or principal or intends to act as a primary principal , location principal or principal for a pest control business ; [pursuant to NRS 555.3507;] and

 


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      (b) Has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a category A or B felony or [any crime involving moral turpitude,] a category C, D or E felony if the conviction occurred or the plea was entered for the category C, D or E felony during the immediately preceding 10 years in any court of competent jurisdiction in the United States or any other country.

      2.  In addition to any other requirements set forth in this chapter [,] and except as otherwise provided in subsection 3, each applicant for a license [to perform pest control] as an applicator specified in paragraph (a) of subsection 1 shall submit with his or her application a complete set of the applicant’s fingerprints and written permission authorizing the Director to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The application must be accompanied by a fee in an amount that is equal to any fee charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints of the applicant.

      3.  In lieu of submitting a complete set of his or her fingerprints and written permission pursuant to subsection 2, an applicant may, in accordance with regulations adopted by the Department and upon the payment of any fee required by the Department pursuant to those regulations, submit any document or other information required by the Department to perform a background check of the applicant.

      4.  A suspension or revocation of a license [to perform pest control] as an applicator pursuant to NRS 555.350 or any previous revocation or current suspension of such a license or an equivalent license in this or any other state, district or territory of the United States or any foreign country is grounds for refusal to issue [the] a license [.] as an applicator.

      Sec. 32. NRS 555.350 is hereby amended to read as follows:

      555.350  1.  The Director may suspend, pending inquiry, for not longer than 10 days, and, after opportunity for a hearing, may revoke, suspend or modify any business license or license issued to an applicator or government applicator under NRS 555.2605 to 555.460, inclusive, and sections 2 to 14, inclusive, of this act if the Director finds that:

      (a) The licensee is no longer qualified;

      (b) The licensee has engaged in fraudulent business practices in pest control;

      (c) The licensee has made false or fraudulent claims through any media by misrepresenting the effect of materials or methods to be used;

      (d) The licensee has applied known ineffective or improper materials;

      (e) The licensee has operated faulty or unsafe equipment;

      (f) The licensee has made any application of materials in a manner inconsistent with labeling or any restriction imposed by regulation of the Director, or otherwise in a faulty, careless or negligent manner;

      (g) The licensee has violated any of the provisions of NRS 555.2605 to 555.460, inclusive, and sections 2 to 14, inclusive, of this act or regulations adopted pursuant thereto;

      (h) The licensee has engaged in the business of pest control without having a licensed agent, operator, primary principal or principal in direct on-the-job supervision;

      (i) The licensee has aided or abetted a licensed or an unlicensed person to evade the provisions of NRS 555.2605 to 555.460, inclusive, and sections 2 to 14, inclusive, of this act, combined or conspired with such a licensee or an unlicensed person to evade the provisions, or allowed [one’s] the license to be used by an unlicensed person;

 


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2 to 14, inclusive, of this act, combined or conspired with such a licensee or an unlicensed person to evade the provisions, or allowed [one’s] the license to be used by an unlicensed person;

      (j) The licensee was intentionally guilty of fraud or deception in the procurement of [his or her] the license;

      (k) The licensee was intentionally guilty of fraud, falsification or deception in the issuance of an inspection report on wood-destroying pests or other report or record required by regulation; [or]

      (l) The licensee has been convicted of, or entered a plea of nolo contendere to, a category A or B felony or [any crime involving moral turpitude] a category C, D or E felony if the conviction occurred or the plea was entered for the category C, D or E felony during the immediately preceding 10 years in any court of competent jurisdiction in the United States or any other country [.] ; or

      (m) The licensee has failed to provide adequate instruction or supervision to any unlicensed employee working under the supervision of the licensee.

      2.  A business license and any license issued to a principal of the business as an applicator is suspended automatically, without action of the Director, if the proof of public liability and property damage or drift insurance filed pursuant to NRS 555.330 is cancelled, and the [license remains] licenses remain suspended until the insurance is re-established.

      3.  [A] If the licensee is a natural person, any licensee against whom the Director initiates disciplinary action [to revoke, suspend or modify the license of the licensee] pursuant to this section shall, within 30 days after receiving written notice of the disciplinary action from the Director [,] and in accordance with any regulations adopted by the Department, submit to the Director [a complete set of the licensee’s fingerprints and written permission authorizing the Director to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      4.] any document or other information required by the Department to perform a background check of the licensee. Any document or other information submitted pursuant to this subsection must be accompanied by the appropriate fees, if any, specified in regulations adopted by the Department for performing the background check. A willful failure of a licensee to comply with the requirements of this subsection [3] constitutes an additional ground for the revocation, suspension or modification of the license [of the licensee] pursuant to this section.

      [5.  The Director has additional grounds to revoke, suspend or modify a license pursuant to this section if the report from the Federal Bureau of Investigation indicates that the licensee has been convicted of a felony or crime specified in paragraph (l) of subsection 1.]

      Sec. 33. NRS 555.3505 is hereby amended to read as follows:

      555.3505  1.  If the Director receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a natural person who is the holder of a license [to perform pest control,] issued pursuant to NRS 555.2605 to 555.460, inclusive, and sections 2 to 14, inclusive, of this act, the Director shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Director receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

 


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holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Director shall reinstate a license [to perform pest control] that has been suspended by a district court pursuant to NRS 425.540 if the Director receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 34. NRS 555.3507 is hereby amended to read as follows:

      555.3507  [A person licensed to engage in pest control] The holder of a business license shall ensure that the licensee’s business has a primary principal who is licensed as an applicator in the appropriate category or categories of pest control.

      Sec. 34.5. NRS 555.351 is hereby amended to read as follows:

      555.351  Except as otherwise provided in section 13 of this act:

      1.  A person shall not use any restricted-use pesticide within this State at any time without a certificate issued by the Director except a person using any restricted-use pesticide under the supervision of a certified applicator.

      2.  If the Director has adopted regulations requiring:

      (a) A permit pursuant to NRS 586.403; or

      (b) A special use permit pursuant to NRS 586.405,

Ê for a restricted-use pesticide, a person shall not use that pesticide without obtaining the required permit.

      Sec. 35. NRS 555.357 is hereby amended to read as follows:

      555.357  1.  If the Director finds that the applicant is qualified, the Director shall issue a certificate to make application of or to supervise the application of restricted-use pesticides within this State.

      2.  A certificate is valid for [4 years after the date it is issued.] the period established by regulation of the Director. The certificate may be renewed upon completion of the requirements established by the regulations of the Director.

      3.  The Director shall adopt regulations concerning the requirements for renewal of a certificate.

      4.  The certificate may limit the applicant to the use of a certain type or types of equipment or material if the Director finds that the applicant is qualified to use only that type or types.

      5.  If a certificate is not issued as applied for, the Director shall inform the applicant in writing of the reasons therefor.

      Sec. 36. NRS 555.400 is hereby amended to read as follows:

      555.400  1.  The Director may adopt regulations to carry out the provisions of NRS 555.2605 to 555.460, inclusive [.] , and sections 2 to 14, inclusive, of this act. The regulations must not be inconsistent with any regulations issued by this State or by the Federal Government relating to safety in air navigation or the operation of aircraft.

      2.  Before adopting regulations directly relating to any matter within the jurisdiction of any other officer of this State, the Director shall consult with that officer concerning those regulations.

      Sec. 37. NRS 555.420 is hereby amended to read as follows:

      555.420  To carry out the provisions of NRS 555.2605 to 555.460, inclusive, and sections 2 to 14, inclusive, of this act, the Director and the Director’s appointed inspectors may enter upon any public or private premises at reasonable times to inspect, audit, sample or monitor any aircraft, ground equipment, records, storage, pesticides, pesticide sprays, disposal operations or other operations which are subject to NRS 555.2605 to 555.460, inclusive, and sections 2 to 14, inclusive, of this act or regulations adopted pursuant thereto.

 


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premises at reasonable times to inspect, audit, sample or monitor any aircraft, ground equipment, records, storage, pesticides, pesticide sprays, disposal operations or other operations which are subject to NRS 555.2605 to 555.460, inclusive, and sections 2 to 14, inclusive, of this act or regulations adopted pursuant thereto.

      Sec. 38. NRS 555.460 is hereby amended to read as follows:

      555.460  Any person violating the provisions of NRS 555.2605 to 555.420, inclusive, and sections 2 to 14, inclusive, of this act or the regulations adopted pursuant thereto, is guilty of a misdemeanor and, in addition to any criminal penalty, shall pay to the Department an administrative fine of not more than $5,000 per violation. If an administrative fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the Department.

      Sec. 39. NRS 555.470 is hereby amended to read as follows:

      555.470  1.  The Director shall adopt regulations specifying a schedule of fines which may be imposed, upon notice and a hearing, for each violation of the provisions of NRS 555.2605 to 555.460, inclusive [.] , and sections 2 to 14, inclusive, of this act. The maximum fine that may be imposed by the Director for each violation must not exceed $5,000 per day. All fines collected by the Director pursuant to this subsection must be remitted to the county treasurer of the county in which the violation occurred for credit to the county school district fund.

      2.  The Director may:

      (a) In addition to imposing a fine pursuant to subsection 1, issue an order requiring a violator to take appropriate action to correct the violation; or

      (b) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person that the State Board of Agriculture suspects may have violated any provision of NRS 555.2605 to 555.460, inclusive [.] , and sections 2 to 14, inclusive, of this act.

      Sec. 40. NRS 561.375 is hereby amended to read as follows:

      561.375  1.  The Program for the Control of Pests and Plant Diseases is hereby established.

      2.  Money accepted by the Department under the provisions of NRS 555.010 to 555.460, inclusive, and sections 2 to 14, inclusive, of this act from the Federal Government or any federal department or agency, a county, a city, a public district or any political subdivision of this State, a public or private corporation, or a natural person, may be used in the Program for the Control of Pests and Plant Diseases.

      3.  Expenditures for the Program for the Control of Pests and Plant Diseases may be made only to carry out the provisions of this chapter and chapters 552, 554, 555 and 587 of NRS.

      Sec. 41. NRS 561.385 is hereby amended to read as follows:

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

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

      (a) Except as otherwise provided in NRS 586.270 and 586.940, fees collected pursuant to the provisions of chapter 586 of NRS.

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

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

 


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      (d) Laboratory fees collected for the testing of pesticides as authorized by NRS 561.305, and as are necessary pursuant to the provisions of NRS 555.2605 to 555.460, inclusive, and sections 2 to 14, inclusive, of this act and, except as otherwise provided in NRS 586.270 and 586.940, chapter 586 of NRS.

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

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

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

      3.  Expenditures from the Agriculture Registration and Enforcement Account may be made to carry out the provisions of this chapter, NRS 555.2605 to 555.460, inclusive, and sections 2 to 14, inclusive, of this act or chapters 586, 588 and 590 of NRS or for any other purpose authorized by the Legislature.

      Sec. 42. Section 11 of this act is hereby amended to read as follows:

       Sec. 11.  1.  An application for a governmental agency certificate or license as a government applicator must be made to the Director and contain such information regarding the applicant’s qualifications and proposed operations and other relevant matters as required by regulation of the Director.

       2.  [An application for a license as a government applicator must include the social security number of the applicant.

      3.]  A city, county, state or other governmental agency is not required to obtain more than one governmental agency certificate to engage in pest control within its jurisdiction.

      Sec. 43.  1.  Notwithstanding the amendatory provisions of this act, a person who, on July 1, 2017, is the holder of a license to:

      (a) Engage in pest control;

      (b) Serve as an agent, operator, pilot, primary principal or principal for the purpose of engaging in pest control issued pursuant to NRS 555.280; or

      (c) Engage in or perform pest control activities concerning wood-destroying pests or organisms issued pursuant to NRS 555.285,

Ê and who is otherwise qualified to hold the existing license on that date shall be deemed during the period for which the existing license was issued to be licensed as an applicator pursuant to NRS 555.280 or 555.285, as amended by sections 23 and 24 of this act, respectively, as applicable.

      2.  Notwithstanding the amendatory provisions of this act, a certificate to make application of or to supervise the application of restricted-use pesticides which is issued pursuant to NRS 555.357 before July 1, 2017, remains valid for the period for which it is issued, if the holder of the certificate is otherwise qualified to hold the certificate on that date.

      Sec. 44.  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. 45.  1.  This section and sections 2 to 41, inclusive, and 43 and 44 of this act become effective on July 1, 2017.

      2.  Section 42 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

 


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under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with the subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

________

CHAPTER 81, AB 63

Assembly Bill No. 63–Committee on Judiciary

 

CHAPTER 81

 

[Approved: May 23, 2017]

 

AN ACT relating to interpreters; requiring an applicant for the issuance of a certificate as a court interpreter or appointment as an alternate court interpreter to submit his or her fingerprints and written permission to obtain certain records of criminal history; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Court Administrator to adopt regulations which, subject to the availability of funding, establish a program for the certification of court interpreters and procedures for the appointment of alternate court interpreters. (NRS 1.510) This bill requires an applicant for a certificate as a court interpreter or appointment as an alternate court interpreter to submit to the Court Administrator with his or her application: (1) a complete set of his or her fingerprints; and (2) written permission authorizing the Court Administrator to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant and for reports thereafter upon renewal, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 1.510 is hereby amended to read as follows:

      1.510  1.  The Court Administrator shall, in consultation with the committee established pursuant to NRS 1.530, adopt regulations which, subject to the availability of funding, establish:

      (a) A program for the certification of court interpreters for persons with language barriers who are witnesses, defendants and litigants; and

      (b) Criteria and procedures for the appointment of alternate court interpreters for persons with language barriers who are witnesses, defendants and litigants.

      2.  The regulations established pursuant to paragraph (a) of subsection 1 must set forth:

      (a) The specific languages for which court interpreters may obtain certification, based upon the need for interpreters of those languages.

 


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      (b) Any examination and the qualifications which are required for:

             (1) Certification; and

             (2) Renewal of the certification.

      (c) The circumstances under which the Court Administrator will deny, suspend or refuse to renew a certificate.

      (d) The circumstances under which the Court Administrator will take disciplinary action against a certified court interpreter or an alternate court interpreter.

      (e) The circumstances under which a court may appoint an alternate court interpreter.

      (f) Except as otherwise provided in NRS 50.050, the rate and source of the compensation to be paid for services provided by a certified court interpreter or an alternate court interpreter.

      3.  An application for a certificate as a court interpreter pursuant to paragraph (a) of subsection 1 must include the social security number of the applicant.

      4.  Every applicant for certification as a court interpreter or appointment as an alternate court interpreter pursuant to subsection 1 must submit with his or her application:

      (a) A complete set of his or her fingerprints; and

      (b) Written permission authorizing the Court Administrator to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its initial report on the criminal history of the applicant and for reports thereafter upon renewal of the certification, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.

      5.  Except as otherwise provided by a specific regulation of the Court Administrator, it is grounds for disciplinary action for a certified court interpreter or an alternate court interpreter to act as interpreter in any action in which:

      (a) The spouse of the court interpreter is a party;

      (b) A party or witness is otherwise related to the court interpreter;

      (c) The court interpreter is biased for or against one of the parties; or

      (d) The court interpreter otherwise has an interest in the outcome of the proceeding.

      [5.] 6.  The criteria and procedures established pursuant to paragraph (b) of subsection 1 must set forth an order of preference, subject to the direction of a court for the appointment of a certified court interpreter before an alternate court interpreter.

      [6.] 7.  As used in this section, “person with a language barrier” means a person who speaks a language other than English and who cannot readily understand or communicate in the English language.

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

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CHAPTER 82, AB 74

Assembly Bill No. 74–Committee on Corrections, Parole, and Probation

 

CHAPTER 82

 

[Approved: May 23, 2017]

 

AN ACT relating to offenders; revising provisions governing the disclosure of the name of an offender who tests positive for exposure to human immunodeficiency virus; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires offenders committed to the Department of Corrections for imprisonment to submit to certain initial and supplemental tests to detect exposure to the human immunodeficiency virus. If the results of a supplemental test are positive for exposure to the human immunodeficiency virus, the name of the offender is required to be disclosed to certain persons within the Department. (NRS 209.385) Section 5 of this bill authorizes, rather than requires, the disclosure of the name of the offender when the results of a supplemental test are positive.

      The remaining sections 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. Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Medical Director” means the designated administrative officer of the Department who is responsible for the medical treatment of offenders.

      Sec. 2. NRS 209.011 is hereby amended to read as follows:

      209.011  As used in this chapter, unless the context otherwise requires, the terms defined in NRS 209.021 to 209.085, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 3. NRS 209.3515 is hereby amended to read as follows:

      209.3515  1.  The Director, through the [designated medical director,] Medical Director, may request from the Division of Public and Behavioral Health of the Department of Health and Human Services access to any records in its possession which contain information that may assist in evaluating, caring for and providing treatment to an offender who previously was committed to the custody of or ordered to report to the Administrator or the Administrator’s designee pursuant to NRS 178.425 or 178.460.

      2.  Unless otherwise ordered by a court, upon a request for access to records of an offender pursuant to subsection 1, the Division of Public and Behavioral Health of the Department of Health and Human Services shall provide access to any such records, including, without limitation, relevant medical and mental health records, for the limited purpose of allowing the Director or the [designated medical director] Medical Director to evaluate, care for and provide treatment to the offender.

      3.  The Director, through the [designated medical director,] Medical Director, may provide to the Division of Public and Behavioral Health of the Department of Health and Human Services or to other community medical or mental health care providers, relevant medical and mental health records of an offender serving a term of imprisonment under the custody of the Department of Corrections, for the purposes of planning the discharge of the offender and assuring the continuity of evaluation, care and treatment of the offender in the community after release from incarceration.

 


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an offender serving a term of imprisonment under the custody of the Department of Corrections, for the purposes of planning the discharge of the offender and assuring the continuity of evaluation, care and treatment of the offender in the community after release from incarceration.

      4.  No oral or written consent of the offender is required to obtain access to records from the Division of Public and Behavioral Health of the Department of Health and Human Services or the Department of Corrections pursuant to this section.

      [5.  As used in this section, “designated medical director” means the designated administrative officer of the Department who is responsible for the medical treatment of offenders.]

      Sec. 4. NRS 209.3815 is hereby amended to read as follows:

      209.3815  The Director, in consultation with the [designated medical director] Medical Director and the Inspector General of the Department, shall request the coroner, or any other person so authorized, to conduct an autopsy of any offender who dies while in the custody of the Department, if the next of kin:

      1.  Consents to the autopsy; or

      2.  Does not notify the Director of any objection to the autopsy within 72 hours after the death.

      Sec. 5. NRS 209.385 is hereby amended to read as follows:

      209.385  1.  Each offender committed to the custody of the Department for imprisonment shall submit to such initial tests as the Director determines appropriate to detect exposure to the human immunodeficiency virus. Each such test must be approved by regulation of the State Board of Health. At the time the offender is committed to custody and after an incident involving the offender:

      (a) The appropriate approved tests must be administered; and

      (b) The offender must receive counseling regarding the virus.

      2.  If the results of an initial test are positive, the offender shall submit to such supplemental tests as the Medical Director determines appropriate. Each such test must be approved for the purpose by regulation of the State Board of Health.

      3.  If the results of a supplemental test are positive, the name of the offender [must] may be disclosed to:

      (a) The Director;

      (b) The administrative officers of the Department who are responsible for the classification and medical treatment of offenders;

      (c) The manager or warden of the facility or institution at which the offender is confined; and

      (d) [Each] Any other employee of the Department whose normal duties involve the employee with the offender or require the employee to come into contact with the blood or bodily fluids of the offender.

      4.  The offender must be segregated from every other offender whose test results are negative if:

      (a) The results of a supplemental test are positive; and

      (b) The offender engages in behavior that increases the risk of transmitting the virus [, such as battery, sexual activity or illegal intravenous injection of a controlled substance or a dangerous drug as defined in chapter 454 of NRS.] as determined by regulation of the Department.

      5.  The Director, with the approval of the Board:

 


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      (a) Shall establish for inmates and employees of the Department an educational program regarding the virus whose curriculum is provided by the Division of Public and Behavioral Health of the Department of Health and Human Services. A person who provides instruction for this program must be certified to do so by the Division.

      (b) May adopt such regulations as are necessary to carry out the provisions of this section.

      6.  As used in this section, “incident” means an occurrence, of a kind specified by regulation of the State Board of Health [,] or the Department, that entails a significant risk of exposure to the human immunodeficiency virus.

      Sec. 6. NRS 178.453 is hereby amended to read as follows:

      178.453  1.  The Administrator or the Administrator’s designee may request from the Department of Corrections access to any records in its possession which contain information that may assist in evaluating and treating a defendant who previously has served a term of imprisonment under the supervision of the Department of Corrections and who is committed to the custody of or ordered to report to the Administrator or the Administrator’s designee pursuant to NRS 178.425, 178.460, 178.461 or 178.464.

      2.  Unless otherwise ordered by a court, upon request of the Administrator or the Administrator’s designee for access to records of a defendant pursuant to subsection 1, the Department of Corrections, through the [designated medical director,] Medical Director, shall provide access to any such records, including, without limitation, relevant medical and mental health records, for the limited purpose of allowing the Administrator or the Administrator’s designee to evaluate and treat the defendant.

      3.  No oral or written consent of the defendant is required for the Administrator or the Administrator’s designee to obtain access to records from the Department of Corrections pursuant to this section.

      4.  As used in this section, [“designated medical director” means the designated administrative officer of the Department of Corrections who is responsible for the medical treatment of offenders.] “Medical Director” has the meaning ascribed to it in section 1 of this act.

      Sec. 7.  This act becomes effective upon passage and approval.

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CHAPTER 83, AB 75

Assembly Bill No. 75–Committee on Judiciary

 

CHAPTER 83