[Rev. 11/14/2017 11:50:45 AM]

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ê2017 Statutes of Nevada, Page 393ê

 

CHAPTER 93, AB 279

Assembly Bill No. 279–Committee on Commerce and Labor

 

CHAPTER 93

 

[Approved: May 23, 2017]

 

AN ACT relating to financial institutions; changing the method by which the Commissioner of Financial Institutions charges and collects fees for providing supervision, audits, examinations, investigations or hearings; requiring the Commissioner to adjust the rate at which such a fee is to be paid by banks and other financial institutions for supervision and examinations in certain circumstances; requiring the Commissioner to publish each year the amount of the fee that is to be paid by banks and other financial institutions for the following year; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Commissioner of Financial Institutions to establish by regulation rates to be paid by banks and other financial institutions for supervision and examinations by the Commissioner or the Division of Financial Institutions of the Department of Business and Industry. (NRS 658.101)

      Section 7 of this bill requires the Commissioner to, at least once per year, review and analyze the proportional utilization of the resources of the Division of Financial Institutions by banks and other financial institutions as compared to the annual budget approved by the Legislature for the Division of Financial Institutions. Section 7 further requires the Commissioner to adjust by regulation the rates to be paid by banks and other financial institutions if after such review and analysis the Commissioner deems such an adjustment necessary. Section 7 further requires the Commissioner to publish on the Internet website of the Division of Financial Institutions by December 31 of each year the amount of the fee for the following year and defines the term “financial institution” to include a depository institution and any other institution or business regulated by the Division.

      Existing law requires the Commissioner to charge and collect from a check-cashing service, or certain loan services, or an issuer of instruments for transmission or payment of money a fee for supervision and examinations of not more than $80 or $10 per hour, respectively. (NRS 604A.740, 671.170) Sections 1 and 12 of this bill remove the per hour cap on the fee and instead require the Commissioner to charge and collect the fee at the rate established and, if applicable, adjusted pursuant to section 7 for any supervision, audit, examination, investigation or hearing.

      Existing law requires the costs for additional examinations and investigations of a foreign credit union to be paid by the credit union at an hourly rate that is deemed reasonable by the Commissioner. (NRS 678.3435) Section 17 of this bill instead requires the credit union to pay the Commissioner for additional examinations and investigations at the rate established and, if applicable, adjusted pursuant to section 7.

      Existing law authorizes the Commissioner to supervise, audit, examine, investigate or conduct a hearing regarding a bank or other financial institution in order to ensure compliance with the laws governing financial institutions. (NRS 657.210, 675.400, 676A.730) Sections 5, 14 and 15 of this bill require the Commissioner to charge and collect a fee at the rate established and, if applicable, adjusted pursuant to section 7 for any such supervision, audit, examination, investigation or hearing. Section 14 further requires the Commissioner or his or her authorized representatives at least once each year to examine the accounts of the holder of a license to engage in the business of lending so far as they pertain to the business that is licensed.

      Sections 3, 4, 6, 8-11, 13, 16 and 18 of this bill make conforming changes based on the provisions of section 7.

 


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ê2017 Statutes of Nevada, Page 394 (Chapter 93, AB 279)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 604A.740 is hereby amended to read as follows:

      604A.740  1.  The Commissioner shall charge and collect from each licensee a fee [of not more than $80 per hour] at the rate established and, if applicable, adjusted pursuant to NRS 658.101 for the cost of any supervision, audit, examination, investigation or hearing conducted pursuant to this chapter or any regulations adopted pursuant thereto.

      2.  The Commissioner shall bill each licensee upon the completion of the activity for the fee required pursuant to subsection 1. The licensee shall pay the fee within 30 days after the date the bill is received. Except as otherwise provided in this subsection, any payment received after the date due must include a penalty of 10 percent of the fee plus an additional 1 percent of the fee for each month, or portion of a month, that the fee is not paid. The Commissioner may waive the penalty for good cause.

      3.  The failure of a licensee to pay the fee required pursuant to subsection 1 as provided in this section constitutes grounds for revocation of the license of the licensee.

      [4.  The Commissioner shall adopt regulations establishing the amount of the fee required pursuant to this section.]

      Sec. 2. (Deleted by amendment.)

      Sec. 3. NRS 628B.560 is hereby amended to read as follows:

      628B.560  1.  Except as otherwise provided in NRS 159.076, a licensee shall maintain a separate guardianship account for each ward into which all money received for the benefit of the ward must be deposited. Each guardianship account must be maintained in an insured bank or credit union located in this State, be held in a name which is sufficient to distinguish it from the personal or general checking account of the licensee and be designated as a guardianship account. Each guardianship account must at all times account for all money received for the benefit of the ward and account for all money dispersed for the benefit of the ward, and no disbursement may be made from the account except as authorized under chapter 159 of NRS or as authorized by court order.

      2.  Each licensee shall keep a record of all money deposited in each guardianship account maintained for a ward, which must clearly indicate the date and from whom the money was received, the date the money was deposited, the dates of withdrawals of money and other pertinent information concerning the transactions. Records kept pursuant to this subsection must be maintained for at least 6 years after the completion of the last transaction concerning the account. The records must be maintained at the premises in this State at which the licensee is authorized to conduct business.

      3.  The Commissioner or his or her designee may conduct an examination of the guardianship accounts and records relating to wards of each private professional guardian company licensed pursuant to this chapter at any time to ensure compliance with the provisions of this chapter.

      4.  During the first year a private professional guardian is licensed in this State, the Commissioner or his or her designee may conduct any examinations deemed necessary to ensure compliance with the provisions of this chapter.

 


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      5.  If there is evidence that a private professional guardian company has violated a provision of this chapter, the Commissioner or his or her designee may conduct additional examinations to determine whether a violation has occurred.

      6.  Each licensee shall authorize the Commissioner or his or her designee to examine all books, records, papers and effects of the private professional guardian company.

      7.  If the Commissioner determines that the records of a licensee are not maintained in accordance with subsections 1 and 2, the Commissioner may require the licensee to submit, within 60 days, an audited financial statement prepared from the records of the licensee by a certified public accountant who holds a certificate to engage in the practice of public accounting in this State. The Commissioner may grant a reasonable extension of time for the submission of the financial statement if an extension is requested before the statement is due.

      8.  Upon the request of the Division, a licensee must provide to the Division copies of any documents reviewed during an examination conducted by the Commissioner or his or her designee pursuant to subsection 4, 5 or 6. If the copies are not provided, the Commissioner may subpoena the documents.

      9.  For each examination of the books, papers, records and effects of a private professional guardian company that is required or authorized pursuant to this chapter, the Commissioner shall charge and collect from the private professional guardian company a fee for conducting the examination and preparing a report of the examination based upon the rate established [by regulation] and, if applicable, adjusted pursuant to NRS 658.101. Failure to pay the fee within 30 days after receipt of the bill is grounds for revoking the license of the private professional guardian company.

      10.  All money collected under this section must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.

      Sec. 4. NRS 649.295 is hereby amended to read as follows:

      649.295  1.  A nonrefundable fee of not more than $500 for the application and survey must accompany each new application for a license as a collection agency. Each applicant shall also pay any additional expenses incurred in the process of investigation. All money received by the Commissioner pursuant to this subsection must be placed in the Investigative Account created by NRS 232.545.

      2.  A fee of not less than $200 or more than $600, prorated on the basis of the licensing year as provided by the Commissioner, must be charged for each original license issued. A fee of not more than $500 must be charged for each annual renewal of a license.

      3.  A fee of not more than $20 must be charged for each duplicate license or license for a transfer of location issued.

      4.  A nonrefundable application fee of not more than $500 and a nonrefundable investigation fee of not more than $150 must accompany each application for a manager’s certificate.

      5.  A fee of not more than $40 must be charged for each manager’s certificate issued and for each annual renewal of such a certificate.

      6.  A fee of not more than $60 must be charged for the reinstatement of a manager’s certificate.

 


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      7.  A fee of not more than $10 must be charged for each day an application for the renewal of a license or certificate, or a required report, is filed late, unless the fee or portion thereof is excused by the Commissioner for good cause shown.

      8.  A nonrefundable fee of not more than $250 for the application and an examination must accompany each application for a permit to operate a branch office of a licensed collection agency. A fee of not more than $500 must be charged for each annual renewal of such a permit.

      9.  For each examination the Commissioner shall charge and collect from the licensee a fee for conducting the examination and preparing and typing the report of the examination at the rate established and, if applicable, adjusted pursuant to NRS 658.101. Failure to pay the fee within 30 days after receipt of the bill is a ground for revoking the collection agency’s license.

      10.  [The] Except as otherwise provided in NRS 658.101, the Commissioner shall adopt regulations establishing the amount of the fees required pursuant to this section.

      11.  Except as otherwise provided in subsection 1, all money received by the Commissioner pursuant to this chapter must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.

      Sec. 5. NRS 657.210 is hereby amended to read as follows:

      657.210  1.  For the purpose of discovering violations of this title or of securing information lawfully required under this title, the Commissioner or the Commissioner’s duly authorized representatives may at any time investigate the business and examine the books, accounts, papers and records used therein of:

      (a) Any licensee;

      (b) Any other person engaged in an activity for which a license is required pursuant to the provisions of this title; and

      (c) Any person whom the Commissioner has reasonable cause to believe is violating or is about to violate any provision of this title, whether or not the person claims to be within the authority or beyond the scope of this title.

      2.  For the purpose of examination, the Commissioner or the Commissioner’s authorized representatives must have and be given free access to the offices and places of business, files, safes and vaults of such persons.

      3.  The Commissioner may require the attendance of any person and examine the person under oath regarding:

      (a) Any transaction or business regulated pursuant to the provisions of this title; or

      (b) The subject matter of any audit, examination, investigation or hearing.

      4.  The Commissioner shall charge and collect from each licensee or other person a fee at the rate established and, if applicable, adjusted pursuant to NRS 658.101 for the cost of any supervision, audit, examination, investigation or hearing conducted pursuant to this title or any regulations adopted pursuant thereto.

      Sec. 6. NRS 658.096 is hereby amended to read as follows:

      658.096  1.  The Commissioner shall charge and collect the following fees in connection with the Commissioner’s official duties:

 


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      (a) For licensing of state banks:

             (1) A fee of not more than $400 for each parent bank, payable on June 30 of each year.

             (2) A fee of not more than $200 for each branch bank or trust office, payable on June 30 of each year.

Ê The fees must accompany the application for renewal of the license. A penalty of 10 percent of the fee must be charged for each month or part of a month that the fees are not paid after June 30 of each year.

      (b) For applications for new branch banks or trust offices, a nonrefundable fee of not more than $400 for the application and survey, to be paid by the applicant at the time of making the application. The applicant must also pay such additional expenses incurred in the process of investigation as the Commissioner deems necessary. All money received by the Commissioner pursuant to this paragraph must be placed in the Investigative Account for Financial Institutions created by NRS 232.545.

      (c) For examinations and the examination of trust departments of state banks or trust offices, a fee for conducting the examination and for preparing and typing the report of the examination at the rate established and, if applicable, adjusted pursuant to NRS 658.101.

      2.  [The] Except as otherwise provided in NRS 658.101, the Commissioner shall adopt regulations establishing the amount of the fees required pursuant to this section.

      3.  Except as otherwise provided in paragraph (b) of subsection 1, all money collected pursuant to this section must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.

      4.  As used in this section, “trust office” has the meaning ascribed to it in subsection 4 of NRS 662.239.

      Sec. 7. NRS 658.101 is hereby amended to read as follows:

      658.101  1.  The Commissioner shall establish by regulation rates to be paid by banks and other financial institutions for supervision and examinations by the Commissioner or the Division of Financial Institutions.

      2.  In establishing a rate pursuant to subsection 1, the Commissioner shall consider:

      (a) The complexity of the various examinations to which the rate applies;

      (b) The skill required to conduct the examinations;

      (c) The expenses associated with conducting the examination and preparing a report; and

      (d) Any other factors the Commissioner deems relevant.

      3.  At least once each year, the Commissioner shall review and analyze the proportional utilization of the resources of the Division of Financial Institutions by banks and other financial institutions as compared to the annual budget approved by the Legislature for the Division of Financial Institutions. If after such review and analysis the Commissioner deems it necessary, the Commissioner shall adjust by regulation the rates established pursuant to subsection 1.

      4.  The Commissioner shall publish on the Internet website of the Division of Financial Institutions by December 31 of each year the amount of each fee for the following year that results from the rates established and, if applicable, adjusted pursuant to this section.

      5.  As used in this section, “financial institution” means a depository institution or any other institution or business regulated by the Division of Financial Institutions pursuant to titles 52, 54, 55 and 56.

 


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ê2017 Statutes of Nevada, Page 398 (Chapter 93, AB 279)ê

 

Financial Institutions pursuant to titles 52, 54, 55 and 56. The term includes, without limitation, a holding company, affiliate or subsidiary of such an institution.

      Sec. 8. NRS 666A.330 is hereby amended to read as follows:

      666A.330  1.  A state branch, agency or representative office is subject to examination by the Commissioner to the same extent and in the same manner as if the state branch, agency or representative office were a Nevada bank.

      2.  In conducting an examination pursuant to this section, the Commissioner:

      (a) Is entitled to full access to the offices, books, accounts, papers, records, files, safes and vaults of each office; and

      (b) May require the attendance of and examine under oath all persons whose testimony may be required relative to the activities of the office.

      3.  A foreign bank which is licensed to establish and maintain a state branch, agency or representative office shall pay a fee for conducting the examination and the expenses of preparing and typing the report of the examination at the rate established and, if applicable, adjusted pursuant to NRS 658.101.

      Sec. 9. NRS 669.250 is hereby amended to read as follows:

      669.250  1.  For each examination of a trust company’s books and records required or authorized under this chapter, the Commissioner shall charge and collect from the trust company a fee for conducting the examination and in preparing and typing the report of the examination at the rate established and, if applicable, adjusted pursuant to NRS 658.101.

      2.  All money collected under this section must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.

      3.  The Commissioner shall examine a licensee as often as the Commissioner deems necessary.

      Sec. 10. NRS 669A.260 is hereby amended to read as follows:

      669A.260  1.  The Commissioner may examine the books and records of a licensed family trust company. For each examination of the books and records of a licensed family trust company as authorized under this chapter, the Commissioner shall charge and collect from the licensed family trust company a fee for conducting the examination and in preparing, typing and copying the report of the examination at the rate established and, if applicable, adjusted pursuant to NRS 658.101.

      2.  All money collected under this section must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.

      Sec. 11. NRS 671.120 is hereby amended to read as follows:

      671.120  1.  Except as otherwise provided in subsection 4, once each year the Commissioner shall examine the financial accounts of each licensee and any other documents relevant to the conduct of the licensee’s business, and the Commissioner may conduct examinations at additional times.

      2.  For the purpose of the examinations, the Commissioner may enter upon any of the business premises of a licensee or the licensee’s agents and obtain access to the relevant documents. Any obstruction or denial of such an entry or access is a violation of this chapter.

      3.  For each examination the Commissioner shall charge and collect from the licensee a fee for conducting the examination and in preparing and typing the report at the rate established and, if applicable, adjusted pursuant to NRS 658.101.

 


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      4.  The Commissioner may accept a report of an audit of the licensee which covers the most recent fiscal year in lieu of conducting an examination.

      Sec. 12. NRS 671.170 is hereby amended to read as follows:

      671.170  1.  The Commissioner may conduct any necessary investigations and hearings to determine whether any licensee or other person has violated any of the provisions of this chapter or whether any licensee has conducted himself or herself in a manner which requires the suspension, revocation or denial of renewal of his or her license.

      2.  In conducting any investigation or hearing pursuant to this chapter, the Commissioner, or any person designated by the Commissioner, may require the attendance and testimony of any person and compel the production of all relevant books, records, accounts and other documents. The Commissioner shall charge and collect from each licensee or other person a fee at the rate established and, if applicable, adjusted pursuant to NRS 658.101 for the cost of any supervision, audit, examination , [or] investigation [, not to exceed $10 an hour, must be borne by the licensee.] or hearing conducted pursuant to this chapter or any regulations adopted pursuant thereto.

      3.  The Commissioner may require any licensee to submit such reports concerning the licensee’s business as the Commissioner deems necessary for the enforcement of this chapter.

      4.  Except as otherwise provided in NRS 239.0115, all reports of investigations and examinations and other reports rendered pursuant to this section, and all correspondence and memoranda relating to or arising therefrom, including any authenticated copies thereof in the possession of any licensee or the Commissioner, are confidential communications, are not subject to any subpoena, and must not be made public unless the Commissioner determines that justice and the public advantage will be served by their publication. This subsection does not preclude any party to an administrative or judicial proceeding from introducing into evidence any information or document otherwise available or admissible.

      Sec. 13. NRS 673.430 is hereby amended to read as follows:

      673.430  1.  Each association doing business in this State shall file annually with the Commissioner on or before March 1, a sworn statement in two sections.

      2.  One section of the annual report must contain, in such form and detail as the Commissioner may prescribe, the following:

      (a) The amount of authorized capital by classes and the par value of each class of stock.

      (b) A statement of its assets, liabilities and capital accounts as of the immediately preceding December 31.

      (c) Any other facts which the Commissioner requires.

Ê This section must be furnished in duplicate, one certified copy to be returned for publication at least two times in a newspaper having a general circulation in each county in which the association maintains an office. Publication must be completed on or before May 1, and proof of publication must be filed in the Office of the Commissioner.

      3.  One section of the annual report must contain such other information as the Commissioner may require to be furnished. This section need not be published and, except as otherwise provided in NRS 239.0115, must be treated as confidential by the Commissioner.

 


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      4.  The Commissioner may impose and collect a fee of not more than $10 for each day the annual report is overdue. The Commissioner shall adopt regulations establishing the amount of the fee that may be imposed pursuant to this subsection.

      5.  Every association shall pay to the Commissioner for supervision and examination a fee based on the rate established and, if applicable, adjusted pursuant to NRS 658.101.

      [5.]6.  All sums received by the Commissioner pursuant to this section must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.

      Sec. 14. NRS 675.400 is hereby amended to read as follows:

      675.400  1.  At least once each year, the Commissioner or his or her authorized representatives shall make an examination of the place of business of each licensee and of the loans, transactions, books, accounts, papers and records of the licensee so far as they pertain to the business licensed under this chapter.

      2.  [For each examination the] The Commissioner shall charge and collect from [the] each licensee a fee [for conducting the examination and preparing and typing the report of the examination] at the rate established and, if applicable, adjusted pursuant to NRS 658.101[.] for the cost of any supervision, audit, examination, investigation or hearing conducted pursuant to this chapter or any regulations adopted pursuant thereto.

      3.  All money collected by the Commissioner pursuant to subsection 2 must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.

      Sec. 15. NRS 676A.730 is hereby amended to read as follows:

      676A.730  1.  The Commissioner may act on his or her own initiative or in response to complaints and may receive complaints, take action to obtain voluntary compliance with this chapter, refer cases to the Attorney General and seek or provide remedies as provided in this chapter.

      2.  The Commissioner may investigate and examine, in this State or elsewhere, by subpoena or otherwise, the activities, books, accounts and records of a person that provides or offers to provide debt-management services, or a person to which a provider has delegated its obligations under an agreement or this chapter, to determine compliance with this chapter. Information that identifies individuals who have agreements with the provider must not be disclosed to the public. In connection with the investigation, the Commissioner : [may:]

      (a) [Charge] Shall charge and collect from the person [the reasonable expenses necessarily incurred to conduct the examination;] a fee at the rate established and, if applicable, adjusted pursuant to NRS 658.101 for the cost of any supervision, audit, examination, investigation or hearing conducted pursuant to this chapter or any regulations adopted pursuant thereto;

      (b) [Require] May require or permit a person to file a statement under oath as to all the facts and circumstances of a matter to be investigated; and

      (c) [Seek] May seek a court order authorizing seizure from a bank at which the person maintains a trust account required by NRS 676A.570, any or all money, books, records, accounts and other property of the provider that is in the control of the bank and relates to individuals who reside in this State.

 


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      3.  The Commissioner may adopt regulations to implement the provisions of this chapter.

      4.  The Commissioner may enter into cooperative arrangements with any other federal or state agency having authority over providers and may exchange with any of those agencies information about a provider, including, without limitation, information obtained during an examination of the provider.

      5.  [The] Except as otherwise provided in NRS 658.101, the Commissioner, by regulation, shall establish reasonable fees to be paid by providers for the expense of administering this chapter. The Commissioner may, in his or her discretion, establish a reduced fee schedule for providers that are qualified nonprofit entities.

      6.  The Commissioner, by regulation, shall adopt dollar amounts instead of those specified in NRS 676A.030, 676A.310, 676A.350, 676A.390, 676A.580, 676A.740 and 676A.760 to reflect inflation, as measured by the Consumer Price Index for All Urban Consumers, published by the United States Department of Labor, or, if that Index is not available, another index adopted by regulation by the Commissioner. The Commissioner shall adopt a base year and adjust the dollar amounts, effective on July 1 of each year, if the change in the index from the base year, as of December 31 of the preceding year, is at least 10 percent. The dollar amount must be rounded to the nearest $100, except that the amounts in NRS 676A.580 must be rounded to the nearest dollar.

      7.  The Commissioner shall notify registered providers of any change in dollar amounts made pursuant to subsection 6 and make that information available to the public.

      8.  The Commissioner, by regulation, may:

      (a) Require a provider to make additional disclosures before an individual assents to an agreement, including, without limitation, disclosures that:

             (1) Nothing in the agreement requires the individual’s creditors to accept payments pursuant to a plan.

             (2) Nothing in the agreement prevents creditors of the individual from pursuing collection efforts, including, without limitation, telephone calls for the purpose of collecting a debt, and that creditors may sue the individual for any debt that remains unpaid.

             (3) The provider cannot provide legal services or advice and, if the individual is sued, the individual should seek legal services or advice.

             (4) The provider is not a credit repair organization and does not claim that the plan will have a positive impact on the credit score of the individual.

             (5) If an agreement contemplates that a provider will develop and implement a debt-management plan, a creditor may be included in the debt-management plan even if the creditor does not make a contribution.

      (b) Establish any requirements and prohibitions with respect to advertising by providers which do not violate the Nevada Constitution or the Constitution of the United States. Such regulations may include, without limitation, a requirement that a provider submit all advertising used by the provider to the Commissioner within 30 days after the first publication of the advertisement.

      Sec. 16. NRS 677.430 is hereby amended to read as follows:

      677.430  1.  At least once each year, the Commissioner or his or her authorized representatives shall make an examination of the place of business of each licensee and of the loans, transactions, books, papers and records of such licensee so far as they pertain to the business licensed under this chapter.

 


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business of each licensee and of the loans, transactions, books, papers and records of such licensee so far as they pertain to the business licensed under this chapter.

      2.  For each examination the Commissioner shall charge and collect from the licensee a fee for conducting the examination and preparing and typing the report of the examination at the rate established and, if applicable, adjusted pursuant to NRS 658.101.

      Sec. 17. NRS 678.3435 is hereby amended to read as follows:

      678.3435  1.  The Commissioner shall charge and collect a fee of not more than $1,000 for an initial investigation from each foreign credit union which applies for certification. The fee is not refundable. An annual fee of not more than $1,000 must be paid by each foreign credit union for its initial office and not more than $200 for each branch office. Costs for additional examinations and investigations must be paid by the credit union to the Commissioner at [an hourly] the rate [deemed reasonable by the Commissioner.] established and, if applicable, adjusted pursuant to NRS 658.101.

      2.  [The] Except as otherwise provided in NRS 658.101, the Commissioner shall by regulation determine the amount of the fees required pursuant to this section.

      Sec. 18. NRS 678.790 is hereby amended to read as follows:

      678.790  1.  The Commissioner shall make a thorough examination of and into the affairs of each credit union organized under the provisions of this chapter, as often as the Commissioner may deem necessary, but at least once within each 18-month period. In lieu thereof, the Commissioner may accept any or all of a report of an examination of a credit union made by a federal regulatory agency. If the Commissioner accepts any part of such a report in one 18-month period, he or she shall examine the credit union to which the report pertains in the succeeding 18-month period. For the purpose of performing the examination, the Commissioner may:

      (a) Subpoena witnesses and documents;

      (b) Administer oaths; and

      (c) Compel the giving of testimony.

      2.  The report of the examination must contain comments to the members relative to the management of the affairs of the credit union and the general condition of the assets. Within 30 days following the receipt of the report, the directors shall call a general meeting of key personnel to consider matters contained in the report.

      3.  The Commissioner shall forward a copy of the report to the chair of each credit union within 30 days after it is completed. The board of directors shall inform the members of the credit union of its general condition at the next annual meeting.

      4.  For each examination the credit union shall pay a fee based on the rate established and, if applicable, adjusted pursuant to NRS 658.101.

      5.  The board of directors may engage a certified public accountant to perform such an examination in lieu of the Commissioner. In such cases, the examination must be equivalent to the type of examination made by the Commissioner and the expense must be borne by the credit union being inspected.

      6.  The Commissioner shall determine whether an examination performed by an accountant pursuant to subsection 5 is equivalent to an examination conducted by the Commissioner. The Commissioner may examine any area of the operation of a credit union if the Commissioner determines that the examination of that area is not equivalent to an examination conducted by the Commissioner.

 


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examine any area of the operation of a credit union if the Commissioner determines that the examination of that area is not equivalent to an examination conducted by the Commissioner.

      Sec. 19.  This act becomes effective upon passage and approval.

________

CHAPTER 94, AB 478

Assembly Bill No. 478–Committee on Legislative Operations and Elections

 

CHAPTER 94

 

[Approved: May 23, 2017]

 

AN ACT relating to elections; changing the deadline by which a person may register to vote by mail or computer for a primary election, primary city election, general city election or general election; providing that the county and city clerks are not required to distribute sample ballots for an election to certain persons; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing federal law requires that each state ensure that an eligible voter who submits an application to register to vote by mail be registered to vote in an election for federal office if the voter registration form is postmarked not later than 30 days before the date of the election. (52 U.S.C. § 20507) Under existing Nevada law, an application to register to vote by mail must be postmarked or received by the county clerk not later than the fifth Saturday before a primary election, primary city election, general election or general city election. (NRS 293.5235, 293.560, 293C.527) This bill changes the deadline to register to vote by mail for these elections.

      Sections 5 and 6 of this bill provide the last day to register to vote by mail is the fourth Tuesday preceding the primary election, primary city election, general election or general city election. Sections 1.5-4 of this bill make conforming changes.

      Existing law provides that the last day to register to vote by computer is the third Tuesday preceding any primary or general election. (NRS 293.560, 293C.527) Sections 5 and 6 of this bill provide, with limited exception, that the last day to register to vote by computer is the Thursday before the period for early voting begins.

      Existing law requires county and city clerks to distribute sample ballots before the period for early voting begins. (NRS 293.565, 293C.530) Sections 5.5 and 6.5 of this bill provide a limited exception to this requirement so that the clerks are not required to distribute sample ballots for an election to persons who register to vote less than 20 days before the election. Section 1 of this bill makes a conforming change.

 

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 293.2546 is hereby amended to read as follows:

      293.2546  The Legislature hereby declares that each voter has the right:

      1.  To receive and cast a ballot that:

      (a) Is written in a format that allows the clear identification of candidates; and

      (b) Accurately records the voter’s preference in the selection of candidates.

 


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      2.  To have questions concerning voting procedures answered and to have an explanation of the procedures for voting posted in a conspicuous place at the polling place.

      3.  To vote without being intimidated, threatened or coerced.

      4.  To vote on election day if the voter is waiting in line at his or her polling place to vote before 7 p.m. and the voter has not already cast a vote in that election.

      5.  To return a spoiled ballot and is entitled to receive another ballot in its place.

      6.  To request assistance in voting, if necessary.

      7.  To a sample ballot which is accurate, informative and delivered in a timely manner [.] as provided by law.

      8.  To receive instruction in the use of the equipment for voting during early voting or on election day.

      9.  To have nondiscriminatory equal access to the elections system, including, without limitation, a voter who is elderly, disabled, a member of a minority group, employed by the military or a citizen who is overseas.

      10.  To have a uniform, statewide standard for counting and recounting all votes accurately.

      11.  To have complaints about elections and election contests resolved fairly, accurately and efficiently.

      Sec. 1.5. NRS 293.504 is hereby amended to read as follows:

      293.504  1.  The following offices shall serve as voter registration agencies:

      (a) Such offices that provide public assistance as are designated by the Secretary of State;

      (b) Each office that receives money from the State of Nevada to provide services to persons with disabilities in this State;

      (c) The offices of the Department of Motor Vehicles;

      (d) The offices of the city and county clerks;

      (e) Such other county and municipal facilities as a county clerk or city clerk may designate pursuant to NRS 293.5035 or 293C.520, as applicable;

      (f) Recruitment offices of the United States Armed Forces; and

      (g) Such other offices as the Secretary of State deems appropriate.

      2.  Each voter registration agency shall:

      (a) Post in a conspicuous place, in at least 12-point type, instructions for registering to vote;

      (b) Except as otherwise provided in subsection 3, distribute applications to register to vote which may be returned by mail with any application for services or assistance from the agency or submitted for any other purpose and with each application for recertification, renewal or change of address submitted to the agency that relates to such services, assistance or other purpose;

      (c) Provide the same amount of assistance to an applicant in completing an application to register to vote as the agency provides to a person completing any other forms for the agency; and

      (d) Accept completed applications to register to vote.

      3.  A voter registration agency is not required to provide an application to register to vote pursuant to paragraph (b) of subsection 2 to a person who applies for or receives services or assistance from the agency or submits an application for any other purpose if the person declines to register to vote and submits to the agency a written form that meets the requirements of 42 U.S.C. § 1973gg-5(a)(6).

 


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U.S.C. § 1973gg-5(a)(6). No information related to the declination to register to vote may be used for any purpose other than voter registration.

      4.  Except as otherwise provided in this subsection and NRS 293.524, any application to register to vote accepted by a voter registration agency must be transmitted to the county clerk not later than 10 days after the application is accepted. The applications must be forwarded daily during the 2 weeks immediately preceding the [fifth Sunday preceding an election.] last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable. The county clerk shall accept any application to register to vote which is obtained from a voter registration agency pursuant to this section and completed by the [fifth Sunday preceding an election] last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable, if the county clerk receives the application not later than 5 days after that date.

      5.  The Secretary of State shall cooperate with the Secretary of Defense to develop and carry out procedures to enable persons in this State to apply to register to vote at recruitment offices of the United States Armed Forces.

      Sec. 2. NRS 293.505 is hereby amended to read as follows:

      293.505  1.  All justices of the peace, except those located in county seats, are ex officio field registrars to carry out the provisions of this chapter.

      2.  The county clerk shall appoint at least one registered voter to serve as a field registrar of voters who, except as otherwise provided in NRS 293.5055, shall register voters within the county for which the field registrar is appointed. Except as otherwise provided in subsection 1, a candidate for any office may not be appointed or serve as a field registrar. A field registrar serves at the pleasure of the county clerk and shall perform such duties as the county clerk may direct. The county clerk shall not knowingly appoint any person as a field registrar who has been convicted of a felony involving theft or fraud. The Secretary of State may bring an action against a county clerk to collect a civil penalty of not more than $5,000 for each person who is appointed as a field registrar in violation of this subsection. Any civil penalty collected pursuant to this subsection must be deposited with the State Treasurer for credit to the State General Fund.

      3.  A field registrar shall demand of any person who applies for registration all information required by the application to register to vote and shall administer all oaths required by this chapter.

      4.  When a field registrar has in his or her possession five or more completed applications to register to vote, the field registrar shall forward them to the county clerk, but in no case may the field registrar hold any number of them for more than 10 days.

      5.  Each field registrar shall forward to the county clerk all completed applications in his or her possession immediately after the [fifth Sunday preceding an election.] last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable. Within 5 days after the [fifth Sunday preceding any general election or general city election,] last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable, a field registrar shall return all unused applications in his or her possession to the county clerk. If all of the unused applications are not returned to the county clerk, the field registrar shall account for the unreturned applications.

 

 


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      6.  Each field registrar shall submit to the county clerk a list of the serial numbers of the completed applications to register to vote and the names of the electors on those applications. The serial numbers must be listed in numerical order.

      7.  Each field registrar shall post notices sent to him or her by the county clerk for posting in accordance with the election laws of this State.

      8.  A field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection 13 of NRS 293.5235 shall not:

      (a) Delegate any of his or her duties to another person; or

      (b) Refuse to register a person on account of that person’s political party affiliation.

      9.  A person shall not hold himself or herself out to be or attempt to exercise the duties of a field registrar unless the person has been so appointed.

      10.  A county clerk, field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection 13 of NRS 293.5235 shall not:

      (a) Solicit a vote for or against a particular question or candidate;

      (b) Speak to a voter on the subject of marking his or her ballot for or against a particular question or candidate; or

      (c) Distribute any petition or other material concerning a candidate or question which will be on the ballot for the ensuing election,

Ê while registering an elector.

      11.  When the county clerk receives applications to register to vote from a field registrar, the county clerk shall issue a receipt to the field registrar. The receipt must include:

      (a) The number of persons registered; and

      (b) The political party of the persons registered.

      12.  A county clerk, field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection 13 of NRS 293.5235 shall not:

      (a) Knowingly register a person who is not a qualified elector or a person who has filed a false or misleading application to register to vote; or

      (b) Register a person who fails to provide satisfactory proof of identification and the address at which the person actually resides.

      13.  A county clerk, field registrar, employee of a voter registration agency, person assisting a voter pursuant to subsection 13 of NRS 293.5235 or any other person providing a form for the application to register to vote to an elector for the purpose of registering to vote:

      (a) If the person who assists an elector with completing the form for the application to register to vote retains the form, shall enter his or her name on the duplicate copy or receipt retained by the voter upon completion of the form; and

      (b) Shall not alter, deface or destroy an application to register to vote that has been signed by an elector except to correct information contained in the application after receiving notice from the elector that a change in or addition to the information is required.

      14.  If a field registrar violates any of the provisions of this section, the county clerk shall immediately suspend the field registrar and notify the district attorney of the county in which the violation occurred.

 


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      15.  A person who violates any of the provisions of subsection 8, 9, 10, 12 or 13 is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 3. NRS 293.5237 is hereby amended to read as follows:

      293.5237  Any time before the [fifth Sunday preceding an election,] last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable, a person who because of illness, disability or for other good cause shown requires assistance to complete an application to register to vote may request the county clerk in writing or by telephone to register the person at the person’s residence. Upon request, the county clerk shall direct the appropriate field registrar to go to the home of such a person to register the person to vote.

      Sec. 4. NRS 293.524 is hereby amended to read as follows:

      293.524  1.  The Department of Motor Vehicles shall provide an application to register to vote to each person who applies for the issuance or renewal of any type of driver’s license or identification card issued by the Department.

      2.  The county clerk shall use the applications to register to vote which are signed and completed pursuant to subsection 1 to register applicants to vote or to correct information in the registrar of voters’ register. An application that is not signed must not be used to register or correct the registration of the applicant.

      3.  For the purposes of this section, each employee specifically authorized to do so by the Director of the Department may oversee the completion of an application. The authorized employee shall check the application for completeness and verify the information required by the application. Each application must include a duplicate copy or receipt to be retained by the applicant upon completion of the form. The Department shall, except as otherwise provided in this subsection, forward each application on a weekly basis to the county clerk or, if applicable, to the registrar of voters of the county in which the applicant resides. The applications must be forwarded daily during the 2 weeks immediately preceding the [fifth Sunday preceding an election.] last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable.

      4.  The county clerk shall accept any application to register to vote which is obtained from the Department of Motor Vehicles pursuant to this section and completed by the [fifth Sunday preceding an election] last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable, if the county clerk receives the application not later than 5 days after that date. Upon receipt of an application, the county clerk or field registrar of voters shall determine whether the application is complete. If the county clerk or field registrar of voters determines that the application is complete, he or she shall notify the applicant and the applicant shall be deemed to be registered as of the date of the submission of the application. If the county clerk or field registrar of voters determines that the application is not complete, he or she shall notify the applicant of the additional information required. The applicant shall be deemed to be registered as of the date of the initial submission of the application if the additional information is provided within 15 days after the notice for the additional information is mailed. If the applicant has not provided the additional information within 15 days after the notice for the additional information is mailed, the incomplete application is void. Any notification required by this subsection must be given by mail at the mailing address on the application not more than 7 working days after the determination is made concerning whether the application is complete.

 


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given by mail at the mailing address on the application not more than 7 working days after the determination is made concerning whether the application is complete.

      5.  The county clerk shall use any form submitted to the Department to correct information on a driver’s license or identification card to correct information in the registrar of voters’ register, unless the person indicates on the form that the correction is not to be used for the purposes of voter registration. The Department shall forward each such form to the county clerk or, if applicable, to the registrar of voters of the county in which the person resides in the same manner provided by subsection 3 for applications to register to vote.

      6.  Upon receipt of a form to correct information, the county clerk shall compare the information to that contained in the registrar of voters’ register. If the person is a registered voter, the county clerk shall correct the information to reflect any changes indicated on the form. After making any changes, the county clerk shall notify the person by mail that the records have been corrected.

      7.  The Secretary of State shall, with the approval of the Director, adopt regulations to:

      (a) Establish any procedure necessary to provide an elector who applies to register to vote pursuant to this section the opportunity to do so;

      (b) Prescribe the contents of any forms or applications which the Department is required to distribute pursuant to this section; and

      (c) Provide for the transfer of the completed applications of registration from the Department to the appropriate county clerk for inclusion in the rosters and registrar of voters’ register.

      Sec. 5. NRS 293.560 is hereby amended to read as follows:

      293.560  1.  Except as otherwise provided in NRS 293.502, 293D.230 and 293D.300 [, registration must close on] :

      (a) For a primary or general election, or a recall or special election that is held on the same day as a primary or general election, the last day to register to vote:

             (1) By mail is the fourth Tuesday preceding the primary or general election.

             (2) By appearing in person at the office of the county clerk or, if open, a county facility designated pursuant to NRS 293.5035, is the third Tuesday preceding [any] the primary or general election . [and on]

             (3) By computer, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register voters, is the Thursday preceding the first day of the period for early voting.

      (b) If a recall or special election is not held on the same day as a primary or general election, the last day to register to vote for the recall or special election by any means is the third Saturday preceding [any] the recall or special election . [, except that if a recall or special election is held on the same day as a primary or general election, registration must close on the third Tuesday preceding the day of the elections.]

      2.  For a primary or special election, the office of the county clerk must be open until 7 p.m. during the last 2 days on which [registration is open.] a person may register to vote in person. In a county whose population is less than 100,000, the office of the county clerk may close at 5 p.m. during the last 2 days [before registration closes] a person may register to vote in person if approved by the board of county commissioners.

 


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      3.  For a general election:

      (a) In a county whose population is less than 100,000, the office of the county clerk must be open until 7 p.m. during the last 2 days on which [registration is open.] a person may register to vote in person. The office of the county clerk may close at 5 p.m. if approved by the board of county commissioners.

      (b) In a county whose population is 100,000 or more, the office of the county clerk must be open during the last 4 days on which [registration is open,] a person may register to vote in person, according to the following schedule:

             (1) On weekdays until 9 p.m.; and

             (2) A minimum of 8 hours on Saturdays, Sundays and legal holidays.

      4.  Except for a special election held pursuant to chapter 306 or 350 of NRS:

      (a) The county clerk of each county shall cause a notice signed by him or her to be published in a newspaper having a general circulation in the county indicating:

             (1) The day and time that registration will be closed; and

             (2) If the county clerk has designated a county facility pursuant to NRS 293.5035, the location of that facility.

Ê If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest county in this State.

      (b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.

      5.  The offices of the county clerk, a county facility designated pursuant to NRS 293.5035 and other ex officio registrars may remain open on the last Friday in October in each even-numbered year.

      6.  [For the period beginning on the fifth Sunday preceding any primary or general election and ending on the third Tuesday preceding any primary or general election, an elector may register to vote only:

      (a) By appearing in person at the office of the county clerk or, if open, a county facility designated pursuant to NRS 293.5035; or

      (b) By computer, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register voters.

      7.]  A county facility designated pursuant to NRS 293.5035 may be open during the periods described in this section for such hours of operation as the county clerk may determine, as set forth in subsection 3 of NRS 293.5035.

      Sec. 5.5. NRS 293.565 is hereby amended to read as follows:

      293.565  1.  Except as otherwise provided in subsection 3, sample ballots must include:

      (a) If applicable, the statement required by NRS 293.267;

      (b) The fiscal note or description of anticipated financial effect, as provided pursuant to NRS 218D.810, 293.250, 293.481, 295.015, 295.095 or 295.230 for each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question;

      (c) An explanation, as provided pursuant to NRS 218D.810, 293.250, 293.481, 295.121 or 295.230, of each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question;

 


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      (d) Arguments for and against each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question, and rebuttals to each argument, as provided pursuant to NRS 218D.810, 293.250, 293.252 or 295.121; and

      (e) The full text of each proposed constitutional amendment.

      2.  If, pursuant to the provisions of NRS 293.2565, the word “Incumbent” must appear on the ballot next to the name of the candidate who is the incumbent, the word “Incumbent” must appear on the sample ballot next to the name of the candidate who is the incumbent.

      3.  Sample ballots that are mailed to registered voters may be printed without the full text of each proposed constitutional amendment if:

      (a) The cost of printing the sample ballots would be significantly reduced if the full text of each proposed constitutional amendment were not included;

      (b) The county clerk ensures that a sample ballot that includes the full text of each proposed constitutional amendment is provided at no charge to each registered voter who requests such a sample ballot; and

      (c) The sample ballots provided to each polling place include the full text of each proposed constitutional amendment.

      4.  A county clerk may establish a system for distributing sample ballots by electronic means to each registered voter who elects to receive a sample ballot by electronic means. Such a system may include, without limitation, electronic mail or electronic access through an Internet website. If a county clerk establishes such a system and a registered voter elects to receive a sample ballot by electronic means, the county clerk shall distribute the sample ballot to the registered voter by electronic means pursuant to the procedures and requirements set forth by regulations adopted by the Secretary of State.

      5.  If a registered voter does not elect to receive a sample ballot by electronic means pursuant to subsection 4, the county clerk shall distribute the sample ballot to the registered voter by mail.

      6.  [Before] Except as otherwise provided in subsection 7, before the period for early voting for any election begins, the county clerk shall distribute to each registered voter in the county by mail or electronic means, as applicable, the sample ballot for his or her precinct, with a notice informing the voter of the location of his or her polling place. If the location of the polling place has changed since the last election:

      (a) The county clerk shall mail a notice of the change to each registered voter in the county not sooner than 10 days before distributing the sample ballots; or

      (b) The sample ballot must also include a notice in bold type immediately above the location which states:

 

NOTICE: THE LOCATION OF YOUR POLLING PLACE

HAS CHANGED SINCE THE LAST ELECTION

 

      7.  If a person registers to vote less than 20 days before the date of an election, the county clerk is not required to distribute to the person the sample ballot for that election by mail or electronic means.

      8.  Except as otherwise provided in subsection [8,] 9, a sample ballot required to be distributed pursuant to this section must:

 


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      (a) Be prepared in at least 12-point type; and

      (b) Include on the front page, in a separate box created by bold lines, a notice prepared in at least 20-point bold type that states:

 

NOTICE: TO RECEIVE A SAMPLE BALLOT IN

LARGE TYPE, CALL (Insert appropriate telephone number)

 

      [8.]9.  A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.

      [9.]10.  The sample ballot distributed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be prepared in at least 14-point type, or larger when practicable.

      [10.]11.  If a person requests a sample ballot in large type, the county clerk shall ensure that all future sample ballots distributed to that person from the county are in large type.

      [11.]12.  The county clerk shall include in each sample ballot a statement indicating that the county clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his or her polling place and provide reasonable assistance to the voter in casting his or her vote, including, without limitation, providing appropriate materials to assist the voter. In addition, if the county clerk has provided pursuant to subsection 4 of NRS 293.2955 for the placement at centralized voting locations of specially equipped voting devices for use by voters who are elderly or disabled, the county clerk shall include in the sample ballot a statement indicating:

      (a) The addresses of such centralized voting locations;

      (b) The types of specially equipped voting devices available at such centralized voting locations; and

      (c) That a voter who is elderly or disabled may cast his or her ballot at such a centralized voting location rather than at his or her regularly designated polling place.

      [12.]13.  The cost of distributing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.

      Sec. 6. NRS 293C.527 is hereby amended to read as follows:

      293C.527  1.  Except as otherwise provided in NRS 293.502, 293D.230 and 293D.300 [, registration must close on] :

      (a) For a primary city election or general city election, or a recall or special election that is held on the same day as a primary city election or general city election, the last day to register to vote:

             (1) By mail is the fourth Tuesday preceding the primary city election or general city election.

             (2) By appearing in person at the office of the city clerk or, if open, a municipal facility designated pursuant to NRS 293C.520, is the third Tuesday preceding [any] the primary city election or general city election . [and on]

             (3) By computer, if the county clerk of the county in which the city is located has established a system pursuant to NRS 293.506 for using a computer to register voters and:

 


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                   (I) The governing body of the city has provided for early voting by personal appearance pursuant to paragraph (b) of subsection 2 of NRS 293C.110, is the Thursday preceding the first day of the period for early voting.

                   (II) The governing body of the city has not provided for early voting by personal appearance pursuant to paragraph (b) of subsection 2 of NRS 293C.110, is the third Tuesday preceding any primary city election or general city election.

      (b) If a recall or special election is not held on the same day as a primary city election or general city election, the last day to register to vote for the recall or special election by any means is the third Saturday preceding [any] recall or special election . [, except that if a recall or special election is held on the same day as a primary city election or general city election, registration must close on the third Tuesday preceding the day of the elections.]

      2.  For a primary city election or special city election, the office of the city clerk must be open until 7 p.m. during the last 2 days on which [registration is open.] a person may register to vote in person. In a city whose population is less than 25,000, the office of the city clerk may close at 5 p.m. if approved by the governing body of the city.

      3.  For a general election:

      (a) In a city whose population is less than 25,000, the office of the city clerk must be open until 7 p.m. during the last 2 days on which [registration is open.] a person may register to vote in person. The office of the city clerk may close at 5 p.m. if approved by the governing body of the city.

      (b) In a city whose population is 25,000 or more, the office of the city clerk must be open during the last 4 days on which [registration is open,] a person may register to vote in person, according to the following schedule:

             (1) On weekdays until 9 p.m.; and

             (2) A minimum of 8 hours on Saturdays, Sundays and legal holidays.

      4.  Except for a special election held pursuant to chapter 306 or 350 of NRS:

      (a) The city clerk of each city shall cause a notice signed by him or her to be published in a newspaper having a general circulation in the city indicating:

             (1) The day and time that registration will be closed; and

             (2) If the city clerk has designated a municipal facility pursuant to NRS 293C.520, the location of that facility.

Ê If no newspaper is of general circulation in that city, the publication may be made in a newspaper of general circulation in the nearest city in this State.

      (b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.

      5.  [For the period beginning on the fifth Sunday preceding any primary city election or general city election and ending on the third Tuesday preceding any primary city election or general city election, an elector may register to vote only:

      (a) By appearing in person at the office of the city clerk or, if open, a municipal facility designated pursuant to NRS 293C.520; or

      (b) By computer, if the county clerk of the county in which the city is located has established a system pursuant to NRS 293.506 for using a computer to register voters.

 


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      6.]  A municipal facility designated pursuant to NRS 293C.520 may be open during the periods described in this section for such hours of operation as the city clerk may determine, as set forth in subsection 3 of NRS 293C.520.

      Sec. 6.5. NRS 293C.530 is hereby amended to read as follows:

      293C.530  1.  A city clerk may establish a system for distributing sample ballots by electronic means to each registered voter who elects to receive a sample ballot by electronic means. Such a system may include, without limitation, electronic mail or electronic access through an Internet website. If a city clerk establishes such a system and a registered voter elects to receive a sample ballot by electronic means, the city clerk shall distribute the sample ballot to the registered voter by electronic means pursuant to the procedures and requirements set forth by regulations adopted by the Secretary of State.

      2.  If a registered voter does not elect to receive a sample ballot by electronic means pursuant to subsection 1, the city clerk shall distribute the sample ballot to the registered voter by mail.

      3.  [Before] Except as otherwise provided in subsection 4, before the period for early voting for any election begins, the city clerk shall distribute to each registered voter in the city by mail or electronic means, as applicable, the sample ballot for his or her precinct, with a notice informing the voter of the location of his or her polling place. If the location of the polling place has changed since the last election:

      (a) The city clerk shall mail a notice of the change to each registered voter in the city not sooner than 10 days before distributing the sample ballots; or

      (b) The sample ballot must also include a notice in bold type immediately above the location which states:

 

NOTICE: THE LOCATION OF YOUR POLLING PLACE

HAS CHANGED SINCE THE LAST ELECTION

 

      4.  If a person registers to vote less than 20 days before the date of an election, the city clerk is not required to distribute to the person the sample ballot for that election by mail or electronic means.

      5.  Except as otherwise provided in subsection [6,] 7, a sample ballot required to be distributed pursuant to this section must:

      (a) Be prepared in at least 12-point type;

      (b) Include the description of the anticipated financial effect and explanation of each citywide measure and advisory question, including arguments for and against the measure or question, as required pursuant to NRS 295.205 or 295.217; and

      (c) Include on the front page, in a separate box created by bold lines, a notice prepared in at least 20-point bold type that states:

 

NOTICE: TO RECEIVE A SAMPLE BALLOT IN

LARGE TYPE, CALL (Insert appropriate telephone number)

 

      [5.]6.  The word “Incumbent” must appear on the sample ballot next to the name of the candidate who is the incumbent, if required pursuant to NRS 293.2565.

 


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      [6.]7.  A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.

      [7.]8.  The sample ballot distributed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be prepared in at least 14-point type, or larger when practicable.

      [8.]9.  If a person requests a sample ballot in large type, the city clerk shall ensure that all future sample ballots distributed to that person from the city are in large type.

      [9.]10.  The city clerk shall include in each sample ballot a statement indicating that the city clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his or her polling place and provide reasonable assistance to the voter in casting his or her vote, including, without limitation, providing appropriate materials to assist the voter. In addition, if the city clerk has provided pursuant to subsection 4 of NRS 293C.281 for the placement at centralized voting locations of specially equipped voting devices for use by voters who are elderly or disabled, the city clerk shall include in the sample ballot a statement indicating:

      (a) The addresses of such centralized voting locations;

      (b) The types of specially equipped voting devices available at such centralized voting locations; and

      (c) That a voter who is elderly or disabled may cast his or her ballot at such a centralized voting location rather than at the voter’s regularly designated polling place.

      [10.]11.  The cost of distributing sample ballots for a city election must be borne by the city holding the election.

________

CHAPTER 95, SB 15

Senate Bill No. 15–Committee on Transportation

 

CHAPTER 95

 

[Approved: May 23, 2017]

 

AN ACT relating to vehicle registration; revising provisions relating to replacement license plates and duplicate license plates; providing exemptions to mandatory reissue of certain license plates; providing exemptions from certain fees for the issuance and renewal of certain special license plates; revising provisions relating to the operation of certain commercial vehicles upon the highways of this State; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the Department of Motor Vehicles may issue a replacement plate, which bears the same code of numbers or letters or both as a previously issued license plate, if the previously issued license plate remains expired for a continuous period longer than 18 months. (NRS 482.2715) Section 1 of this bill newly defines a replacement number plate as a license plate or set of license plates that are issued to a registered owner which bear a code which was previously issued but expired and remained expired for a period longer than 18 months.

 


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registered owner which bear a code which was previously issued but expired and remained expired for a period longer than 18 months. Sections 6, 16 and 18 of this bill make conforming changes in existing language from “replacement plate” to “replacement number plate.”

      Existing law allows certain persons to obtain a replacement plate when certain special license plates are lost, stolen, destroyed or mutilated. (NRS 482.276, 482.3757, 482.3763, 482.3775, 482.3783, 482.3785, 482.3787, 482.379, 482.37901) Sections 8-16 of this bill allow those persons instead to obtain a duplicate number plate, which repeats the code of the plate or set of plates which were lost, stolen, destroyed or mutilated. (NRS 482.0285)

      Existing law requires the Department to reissue a license plate or plates every 8 years at the time of renewal of each license plate or plates issued by the Department. (NRS 482.265) An exception to this requirement is provided for certain trailer license plates with a 3-year period of registration; those license plates are to be reissued at the first renewal after the license plate has been issued for not less than 8 years. (NRS 482.2065) Sections 3-5 and 7 of this bill exempt from the reissue requirement certain license plates for passenger cars, trucks and trailers that were manufactured before January 1, 1982, commonly referred to as “circa 1982 plates,” or that are substantially similar to those manufactured before January 1, 1982, commonly referred to as “circa 1982 replica plates,” provided they were manufactured before June 30, 2015. (NRS 482.266, 482.2705, 482.274) Sections 15 and 16 of this bill exempt from the reissue requirement the license plates which commemorate the 125th anniversary of Nevada’s admission into the Union and the 150th anniversary of Nevada’s admission into the Union. (NRS 482.379, 482.37901)

      Existing law requires the Department to mail to each holder of a certificate of registration for a vehicle a notification for renewal of registration for the following period of registration. (NRS 482.280) The notification must include any amount due for reissuance of a license plate or a plate reissued pursuant to the Department’s required reissuance every 8 years. Sections 9 and 11-14 of this bill exempt from the payment of any such amount the holders of certain special license plates available to a: (1) peace officer who is the recipient of certain medals; (2) veteran of the Armed Forces of the United States who was awarded the Purple Heart; (3) veteran of the Armed Forces of the United States who was awarded certain combat medals; (4) family member of a person killed in the line of duty while on active duty in the Armed Forces of the United States; and (5) family member of a person who died as a result of injuries sustained while on active duty in the Armed Forces of the United States. (NRS 482.3757, 482.3775, 482.3783, 482.3785, 482.3787)

      Under existing law, certain nonresident owners or operators of certain commercial vehicles may operate the vehicles upon the public highways of this State without registration in this State if the owners or operators meet certain conditions. (NRS 482.390) One condition requires that each vehicle must be: (1) validly registered in the state or country where the owner of the vehicle resides or maintains his or her principal place of business; or (2) operated pursuant to a permit for certain unladen apportionable vehicles designated as a “hunter’s permit,” as that term is used in the International Registration Plan, a reciprocal agreement providing for registration reciprocity among member jurisdictions, which has been adopted by the Department. (NRS 706.826) Section 17 of this bill revises the citation regarding such a permit to conform with the newly amended version of the International Registration Plan.

 


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

      “Replacement number plate” means a license plate or set of license plates issued to a registered owner which bear the code of a plate or set of plates which were previously issued but expired and have remained expired for a continuous period longer than 18 months.

      Sec. 2. NRS 482.010 is hereby amended to read as follows:

      482.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 482.0105 to 482.137, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 3. NRS 482.265 is hereby amended to read as follows:

      482.265  1.  The Department shall furnish to every owner whose vehicle is registered two license plates for a motor vehicle other than a motorcycle or moped and one license plate for all other vehicles required to be registered hereunder. Except as otherwise provided in NRS 482.2155, upon renewal of registration, the Department may issue one or more license plate stickers, tabs or other suitable devices in lieu of new license plates.

      2.  Except as otherwise provided in NRS 482.2065, 482.266, 482.2705, 482.274, 482.379 and 482.37091, every 8 years the Department shall reissue a license plate or plates at the time of renewal of each license plate or plates issued pursuant to this chapter. The Director may adopt regulations to provide procedures for such reissuance.

      3.  The Director shall have the authority to require the return to the Department of all number plates upon termination of the lawful use thereof by the owner under this chapter.

      4.  Except as otherwise specifically provided by statute, for the issuance of each special license plate authorized pursuant to this chapter:

      (a) The fee to be received by the Department for the initial issuance of the special license plate is $35, exclusive of any additional fee which may be added to generate funds for a particular cause or charitable organization;

      (b) The fee to be received by the Department for the renewal of the special license plate is $10, exclusive of any additional fee which may be added to generate financial support for a particular cause or charitable organization; and

      (c) The Department shall not design, prepare or issue a special license plate unless, within 4 years after the date on which the measure authorizing the issuance becomes effective, it receives at least 250 applications for the issuance of that plate.

      5.  The provisions of subsection 4 do not apply to NRS 482.37901.

      Sec. 4. NRS 482.266 is hereby amended to read as follows:

      482.266  1.  A person who desires to have regular or personalized license plates that are substantially in the same color and form as license plates manufactured before January 1, 1982, must:

      (a) Submit a written request for such license plates to the Department in a manner and form prescribed by the Department; and

 


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      (b) In addition to all other applicable registration fees, licensing fees and governmental services taxes, pay the manufacturing fee prescribed by the Department.

Ê A person requesting license plates pursuant to this section must comply with all requirements for registration and licensing pursuant to this chapter. A request for license plates pursuant to this section does not, by itself, constitute a request for special license plates pursuant to subsection 4 of NRS 482.265.

      2.  After receiving a request and the full amount of the payment due for license plates requested pursuant to subsection 1, the Department shall manufacture the license plates using substantially the same process, dies and materials as were used to manufacture license plates before January 1, 1982. The Department shall deliver license plates requested pursuant to this section to a person who requests such license plates within 180 days after acceptance of the written request or after receipt of payment therefor, whichever occurs last.

      3.  The Department shall:

      (a) Prescribe, by regulation, a manner and form for submitting a written request pursuant to subsection 1. The form must include, without limitation, an indication of whether the requester desires to have the same letters and numbers on the license plates requested as are on the license plates that are registered to the requester at the time of the request.

      (b) Determine the cost of manufacturing a license plate pursuant to this section and prescribe a manufacturing fee, which must not exceed $25, to defray the cost of manufacturing license plates pursuant to this section. The manufacturing fee must be:

             (1) Collected by the Department;

             (2) Deposited with the State Treasurer to the credit of the State Highway Fund; and

             (3) Allocated to the Revolving Account for the Issuance of Special License Plates created pursuant to NRS 482.1805 to defray the costs of manufacturing license plates pursuant to this section.

      4.  A person who requests license plates pursuant to this section may keep the license plates which are registered to him or her at the time of the request if the license plates requested contain the same letters and numbers as the license plates which are registered to the person at the time of the request.

      5.  License plates issued pursuant to this section which were manufactured on or after January 1, 1982, and before June 30, 2015, are not subject to reissue pursuant to subsection 2 of NRS 482.265.

      Sec. 5. NRS 482.2705 is hereby amended to read as follows:

      482.2705  1.  The Director shall order the preparation of vehicle license plates for passenger cars and trucks in the same manner as is provided for motor vehicles generally in NRS 482.270.

      2.  Except as otherwise provided by specific statute, the Director shall determine the combinations of letters and numbers which constitute the designations for license plates assigned to passenger cars and trucks.

      3.  Any license plate issued for a passenger car or truck before January 1, 1982, bearing a designation which is not in conformance with the system described in subsection 2 is [valid] :

      (a) Valid during the period for which the plate was originally issued as well as during any extensions by stickers [.] ; and

 


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      (b) Not subject to reissue pursuant to subsection 2 of NRS 482.265.

      Sec. 6. NRS 482.2715 is hereby amended to read as follows:

      482.2715  1.  Unless the vehicle license plate is:

      (a) A special plate which the registrant is no longer eligible to display; or

      (b) A personalized plate, the code of which denotes that the registrant holds a public office which the registrant no longer holds,

Ê if a certificate of registration and vehicle license plate with a particular code are continuously renewed, the registrant is entitled to maintain that code as long as the registrant desires to do so.

      2.  When any certificate of registration and vehicle license plate expires and remains expired for a continuous period longer than 18 months, the Department may issue, without notice to the previous registrant, replacement number plates which bear the same codes. An applicant for such replacement number plates must pay the usual registration fees and an application fee of $25.

      Sec. 7. NRS 482.274 is hereby amended to read as follows:

      482.274  1.  The Director shall order the preparation of vehicle license plates for trailers in the same manner provided for motor vehicles in NRS 482.270, except that a vehicle license plate prepared for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 is not required to have displayed upon it the month and year the registration expires.

      2.  The Director shall order preparation of two sizes of vehicle license plates for trailers. The smaller plates may be used for trailers with a gross vehicle weight of less than 1,000 pounds.

      3.  The Director shall determine the registration numbers assigned to trailers.

      4.  Any license plates issued for a trailer before July 1, 1975, bearing a different designation from that provided for in this section, are valid during the period for which such plates were issued.

      5.  Any license plates issued for a trailer before January 1, 1982, are not subject to reissue pursuant to subsection 2 of NRS 482.265.

      6.  The Department shall not issue for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 a special license plate available pursuant to NRS 482.3667 to 482.3823, inclusive.

      Sec. 8. NRS 482.276 is hereby amended to read as follows:

      482.276  Notwithstanding any provision of this chapter to the contrary:

      1.  Any agricultural user who wishes to operate or tow an implement of husbandry which is designed to operate at a speed of 25 miles per hour or more on the highways of this State, to operate an implement of husbandry on a highway of this State with a posted speed limit greater than 35 miles per hour or to transport a nonmotorized implement of husbandry on the highways of this State must submit an application to the Motor Carrier Division of the Department and obtain from the Division a farm license plate. Each application must be made upon the appropriate form furnished by the Department. The application must include a nonrefundable fee of $100 plus the fees required pursuant to NRS 482.268 and evidence satisfactory to the Department that the agricultural user is the holder of a policy of liability insurance which provides at least $300,000 in coverage for bodily injury and property damage resulting from any single crash caused by the agricultural user while operating the implement of husbandry on the highways of this State. As soon as practicable after receiving the application, fee and evidence of insurance, the Department shall issue the farm license plate to the agricultural user to affix to the implement of husbandry.

 


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of insurance, the Department shall issue the farm license plate to the agricultural user to affix to the implement of husbandry. The farm license plate is not transferable and must be surrendered or returned to the Department within 60 days after a transfer of ownership or interest in the implement of husbandry occurs.

      2.  The Department shall suspend a farm license plate issued pursuant to subsection 1 and require the return of the license plate to the Department if the agricultural user is not the holder of a policy of liability insurance specified in subsection 1. The Department shall reissue the farm license plate only upon evidence satisfactory to the Department that the agricultural user is the holder of a policy of liability insurance which meets the requirements of subsection 1 and the payment of a nonrefundable fee of $100 plus the fees required pursuant to NRS 482.268.

      3.  A farm license plate issued pursuant to subsection 1 must be displayed on the implement of husbandry in such a manner that the license plate is easily visible from the rear of the implement of husbandry. If the farm license plate is lost or destroyed, the Department may issue a [replacement] duplicate number plate upon the payment of the fees required pursuant to NRS 482.268.

      4.  Any motorized implement of husbandry designed to operate at a speed of 25 miles per hour or less and which is operated on the highways of this State must display a farm license plate issued pursuant to subsection 1 or a reflective placard for slow-moving vehicles that is approved for such use by the United States Department of Transportation.

      5.  Any nonmotorized implement of husbandry transported on the highways of this State must be transported in combination with a properly registered motor vehicle or a motorized implement of husbandry which displays a farm license plate issued pursuant to subsection 1 or a reflective placard for slow-moving vehicles that is approved for such use by the United States Department of Transportation.

      6.  If an implement of husbandry displays a reflective placard for slow-moving vehicles as authorized by subsection 4 or 5, the placard must be displayed on the rear of the implement of husbandry as near as practicable to the center of the implement of husbandry, must be entirely visible in daylight and must be visible at night from all distances between 100 feet and 600 feet from the rear when directly in front of lawful upper-beam headlamps. The display of such a placard is in addition to any warning device otherwise required by chapters 484A to 484E, inclusive, of NRS, including, without limitation, any tail lamps, reflectors, flashing lights or warning flags. A placard displayed pursuant to this section must not be used as a clearance marker for wide equipment.

      7.  Notwithstanding any provision of chapter 445B of NRS to the contrary, an agricultural user is not required to obtain a certificate of compliance or vehicle inspection report concerning the control of emissions from an implement of husbandry before obtaining a farm license plate for or operating the implement of husbandry pursuant to this section.

      8.  As used in this section:

      (a) “Agricultural user” means any person who owns or operates an implement of husbandry specified in subsection 1 for an agricultural use. As used in this subsection, “agricultural use” has the meaning ascribed to it in NRS 361A.030.

 


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      (b) “Implement of husbandry” has the meaning ascribed to it in NRS 484D.020.

      Sec. 9. NRS 482.3757 is hereby amended to read as follows:

      482.3757  1.  Except as otherwise provided in this section, the Department shall design, prepare and issue license plates honoring peace officers who have received a medal specified in subsection 3, or the equivalent thereof.

      2.  Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the person. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.

      3.  The Department shall issue specially designed license plates for any person qualified pursuant to this section who submits an application on a form prescribed by the Department and evidence satisfactory to the Department that the person is:

      (a) A current or former peace officer who has received one or more of the following medals, or the equivalent thereof, for his or her service as a peace officer:

             (1) The Medal of Honor;

             (2) The Purple Heart;

             (3) The Medal of Valor;

             (4) The Lifesaving Medal;

             (5) The Meritorious Service Medal; or

             (6) The Distinguished Service Medal; or

      (b) A family member of a person who was:

             (1) Killed in the line of duty while serving as a peace officer; and

             (2) Awarded posthumously the Medal of Honor, or the equivalent thereof, for his or her actions as a peace officer.

      4.  A qualifying event described in subsection 3 that entitles a person to special license plates issued pursuant to the provisions of this section is a qualifying event regardless of whether the event occurs or occurred before, on or after July 1, 2013.

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

      (a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

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

      6.  Except as otherwise provided in this subsection , [and NRS 482.265,] no fee in addition to the applicable registration and license fees and governmental services taxes may be charged for the issuance or renewal of a set of special license plates pursuant to this section. If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of [replacement license] duplicate number plates from the Department for the fees required pursuant to NRS 482.268.

      7.  As used in this section:

      (a) “Family member” means a widow, widower, parent, stepparent, grandparent, child, stepchild, dependent, sibling, half sibling or stepsibling.

 


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      (b) “Killed in the line of duty while serving as a peace officer” includes peace officers who:

             (1) Are killed directly in the line of duty; and

             (2) Die as a result of injuries sustained in the line of duty.

      (c) “Peace officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.

      Sec. 10. NRS 482.3763 is hereby amended to read as follows:

      482.3763  1.  The Director shall order the preparation of special license plates for the support of outreach programs and services for veterans and their families and establish procedures for the application for and issuance of the plates.

      2.  The Department shall, upon application therefor and payment of the prescribed fees, issue special license plates for the support of outreach programs and services for veterans and their families to:

      (a) A veteran of the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States, a reserve component thereof or the National Guard;

      (b) A female veteran; or

      (c) The spouse, parent or child of a person described in paragraph (a) or (b).

Ê The plates must be inscribed with the word “VETERAN” and with the seal of the branch of the Armed Forces of the United States, the seal of the National Guard or an image representative of the female veterans, as applicable, requested by the applicant. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with special license plates for the support of outreach programs and services for veterans and their families if that person pays the fees for the personalized prestige license plates in addition to the fees for the special license plates for the support of outreach programs and services for veterans and their families pursuant to subsection 4.

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

      (a) Retain the plates and affix them to another vehicle which meets the requirements of this section 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.

      4.  In addition to all other applicable registration and license fees and governmental services taxes, and to the special fee imposed pursuant to NRS 482.3764 for the support of outreach programs and services for veterans and their families, the fee for:

      (a) The initial issuance of the special license plates is $35.

      (b) The annual renewal sticker is $10.

      5.  If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of [replacement license] duplicate number plates from the Department for a fee of $10.

 


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      Sec. 11. NRS 482.3775 is hereby amended to read as follows:

      482.3775  1.  A veteran of the Armed Forces of the United States who was awarded the Purple Heart is entitled to specially designed license plates which indicate that the veteran is a recipient of the Purple Heart.

      2.  Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.

      3.  The Department shall issue specially designed license plates for any person qualified pursuant to this section who submits an application on a form prescribed by the Department and evidence of his or her status as a recipient of the Purple Heart as required by the Department. The Department may designate any appropriate colors for the special plates.

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

      (a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

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

      5.  Except as otherwise provided in this subsection , [and NRS 482.265,] no fee in addition to the applicable registration and license fees and governmental services taxes may be charged for the issuance or renewal of a set of special license plates pursuant to this section. If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of [replacement license] duplicate number plates from the Department for the fees required pursuant to NRS 482.268.

      Sec. 12. NRS 482.3783 is hereby amended to read as follows:

      482.3783  1.  The Department shall design, prepare and issue license plates honoring veterans of the Armed Forces of the United States who have been awarded, as applicable, the:

      (a) Silver Star; or

      (b) Bronze Star Medal with “V” device, Combat V or Combat Distinguishing Device.

      2.  Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may only be used on a private passenger vehicle, a noncommercial truck or a motor home.

      3.  The Department shall issue specially designed license plates for any person qualified pursuant to this section who submits an application on a form prescribed by the Department and evidence of his or her status as a recipient of the Silver Star or the Bronze Star Medal with “V” device, Combat V or Combat Distinguishing Device, as applicable, and evidence of his or her service-connected disability, if applicable, as required by the Department. The Department may designate any appropriate colors for the special plates.

 


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ê2017 Statutes of Nevada, Page 423 (Chapter 95, SB 15)ê

 

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

      (a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

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

      5.  Except as otherwise provided in this subsection , [and NRS 482.265,] no fee in addition to the applicable registration and license fees and governmental services taxes may be charged for the issuance or renewal of a set of special license plates pursuant to this section. If the special license plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of [replacement license] duplicate number plates from the Department for the fees required pursuant to NRS 482.268.

      Sec. 13. NRS 482.3785 is hereby amended to read as follows:

      482.3785  1.  Each family member of a person killed in the line of duty while on active duty in the Armed Forces of the United States is entitled to specially designed license plates which indicate that the person is a family member of a person killed in the line of duty while on active duty in the Armed Forces of the United States.

      2.  Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.

      3.  The Department shall issue specially designed license plates for any person qualified pursuant to this section who submits an application on a form prescribed by the Department and evidence satisfactory to the Department that the person is a family member of a person killed in the line of duty while on active duty in the Armed Forces of the United States. The Department may designate any appropriate colors for the special plates, but must ensure that the design of the plates includes a gold star.

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

      (a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

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

      5.  Except as otherwise provided in this subsection , [and NRS 482.265,] no fee in addition to the applicable registration and license fees and governmental services taxes may be charged for the issuance or renewal of a set of special license plates pursuant to this section. If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of [replacement license] duplicate number plates from the Department for the fees required pursuant to NRS 482.268.

      6.  As used in this section:

      (a) “Family member” means a widow, widower, parent, stepparent, grandparent, child, stepchild, dependent, sibling, half sibling or stepsibling.

 


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      (b) “Killed in the line of duty while on active duty in the Armed Forces of the United States” includes persons killed directly in the line of duty and persons who die as a result of injuries sustained in the line of duty.

      Sec. 14. NRS 482.3787 is hereby amended to read as follows:

      482.3787  1.  Each family member of a person who died as a result of injuries sustained while on active duty in the Armed Forces of the United States is entitled to specially designed license plates which indicate that the person is a family member of a person who died as a result of injuries sustained while on active duty in the Armed Forces of the United States.

      2.  Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.

      3.  The Department shall issue specially designed license plates for any person qualified pursuant to this section who submits an application on a form prescribed by the Department and evidence satisfactory to the Department that the person is a family member of a person who died as a result of injuries sustained while on active duty in the Armed Forces of the United States. The Department may designate any appropriate colors for the special plates.

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

      (a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

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

      5.  Except as otherwise provided in this subsection , [and NRS 482.265,] no fee in addition to the applicable registration and license fees and governmental services taxes may be charged for the issuance or renewal of a set of special license plates pursuant to this section. If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of [replacement license] duplicate number plates from the Department for the fees required pursuant to NRS 482.268.

      6.  As used in this section:

      (a) “Died as a result of injuries sustained while on active duty in the Armed Forces of the United States” includes persons who die as a result of an injury sustained while on active duty whether or not the person had been discharged from military service at the time of his or her death.

      (b) “Family member” means a widow, widower, parent, stepparent, grandparent, child, stepchild, dependent, sibling, half sibling or stepsibling.

      Sec. 15. NRS 482.379 is hereby amended to read as follows:

      482.379  1.  The Director may order the design and preparation of license plates which commemorate the 125th anniversary of Nevada’s admission into the Union and establish the procedures for the application and issuance of the plates.

      2.  The Department may designate any colors, numbers and letters for the commemorative plates.

 


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      3.  A person who is entitled to license plates pursuant to NRS 482.265 may apply for commemorative license plates.

      4.  The fee for the commemorative license plates is $10, in addition to all other applicable registration and license fees and governmental services taxes. If a person is eligible for and applies for any special license plates issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.368 or 482.370 to 482.3825, inclusive, and applies to have those special license plates combined with commemorative plates, the person must pay the fees for the special license plates in addition to the fee for the commemorative plates.

      5.  In addition to all fees for the license, registration and governmental services taxes, a person who is eligible for and applies for commemorative plates must pay $25 for the celebration of the 125th anniversary of Nevada’s admission into the Union. The fees for the license, registration, and governmental services taxes and the charge for the celebration may be paid with a single check.

      6.  Commemorative plates are renewable upon the payment of $10.

      7.  If during a registration period, the holder of commemorative plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder may retain the plates and:

      (a) Within 30 days after removing the plates from the vehicle, return them to the Department; or

      (b) Affix them to another vehicle which meets the requirements of this section if the transfer and registration fees are paid as is provided for in this chapter.

      8.  Except as otherwise provided by subsection 10, if a commemorative license plate or set of license plates issued pursuant to the provisions of this section is lost, stolen or mutilated, the owner of the vehicle may secure a [replacement license] duplicate number plate or set of [replacement license] duplicate number plates, as the case may be, from the Department upon payment of the fees set forth in subsection 2 of NRS 482.500.

      9.  The Department shall, for each set of commemorative license plates that it issues:

      (a) Deposit the $25 collected for the celebration of the 125th anniversary of Nevada’s admission into the Union with the State Treasurer for credit to the Account for Nevada’s 125th Anniversary in the State General Fund;

      (b) Deposit $7.50 with the State Treasurer for credit to the Motor Vehicle Fund pursuant to the provisions of NRS 482.180; and

      (c) Deposit $2.50 with the State Treasurer for credit to the Department to reimburse the Department for the cost of manufacturing the license plates.

      10.  The Department shall not:

      (a) Issue the commemorative license plates after October 31, 1990.

      (b) Issue duplicate or replacement commemorative license plates after June 30, 1995.

      11.  License plates issued pursuant to this section are not subject to reissue pursuant to subsection 2 of NRS 482.265.

      Sec. 16. NRS 482.37901 is hereby amended to read as follows:

      482.37901  1.  Except as otherwise provided in subsection 8, the Department, in cooperation with the Nevada Cultural Affairs Foundation or its successor, shall design, prepare and issue license plates which commemorate the 150th anniversary of Nevada’s admission into the Union, using any colors and designs that the Department deems appropriate.

 


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ê2017 Statutes of Nevada, Page 426 (Chapter 95, SB 15)ê

 

      2.  The Department shall issue the commemorative license 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:

      (a) Special legislative license plates issued to a Legislator pursuant to NRS 482.374 be combined with the commemorative license plates if that person:

             (1) Qualifies for special legislative license plates issued pursuant to NRS 482.374; and

             (2) Pays the fees for the special legislative license plates in addition to the fees for the commemorative license plates pursuant to subsections 3 and 4; or

      (b) Personalized prestige license plates issued pursuant to NRS 482.3667 be combined with the commemorative license plates if that person pays the fees for the personalized license plates in addition to the fees for the commemorative license plates pursuant to subsections 3 and 4.

      3.  The fee for the commemorative license plates is $7.50, in addition to all other applicable registration and license fees and governmental services taxes. The Department shall deposit the fee collected pursuant to this subsection with the State Treasurer for credit to the Revolving Account for the Issuance of Special License Plates created pursuant to NRS 482.1805.

      4.  Except as otherwise provided in this subsection, in addition to all other applicable registration and license fees and governmental services taxes and the fees prescribed in subsection 3, a person who requests a set of the commemorative license plates must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates a fee of $20, to be distributed pursuant to subsection 5. The fees otherwise required to be paid pursuant to this subsection must not be charged after the date announced by the Director pursuant to subsection 8.

      5.  The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. For the duration of the collection of such fees, the State Treasurer shall, on a quarterly basis, distribute the fees to the Nevada Cultural Affairs Foundation or its successor to be used for:

      (a) A celebration of the 150th anniversary of Nevada’s admission into the Union;

      (b) Projects relating to the commemoration of Nevada’s admission to the Union, including, without limitation, historical markers, tours of historic sites and improvements to or restoration of historic buildings and structures;

      (c) Education relating to the history of the State of Nevada; and

      (d) Other projects relating to preserving and protecting the heritage of the State of Nevada.

      6.  On or before January 1 of each calendar year, the Division of Museums and History of the Department of Tourism and Cultural Affairs shall produce a report of:

      (a) Revenues received from the issuance of the commemorative license plates issued pursuant to the provisions of this section; and

      (b) Associated expenditures,

Ê and shall submit the report to the Director of the Legislative Counsel Bureau for transmission to the Legislature or the Legislative Commission, as appropriate.

 


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ê2017 Statutes of Nevada, Page 427 (Chapter 95, SB 15)ê

 

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

      (a) Retain the commemorative license 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 commemorative license plates from the vehicle, return them to the Department.

      8.  The Director shall determine and, by public proclamation, announce the last date on which the Department will issue the commemorative license plates. The Department shall publish the announcement on its Internet website. In no case may the date that is determined and announced to be the last date on which the Department will issue the commemorative license plates be after October 31, 2016. The Department shall not issue:

      (a) The commemorative license plates after the date announced by the Director pursuant to this subsection.

      (b) Replacement [commemorative license] number plates or duplicate number plates for those commemorative license plates more than 5 years after the date announced by the Director pursuant to this subsection.

      9.  License plates issued pursuant to this section are not subject to reissue pursuant to subsection 2 of NRS 482.265.

      Sec. 17. NRS 482.390 is hereby amended to read as follows:

      482.390  1.  All nonresident owners or operators of vehicles of a type subject to registration under this chapter operating those vehicles on the public highways of this State as common motor carriers of persons or property, contract motor carriers of persons or property, or private motor carriers of property, as such carriers are now or may hereafter be defined in the laws of this State relating thereto are governed by and must pay the fees required by the provisions of those laws with respect to the operation of those vehicles in any of such carrier services.

      2.  All such nonresident owners or operators of such vehicles may operate the vehicles upon the public highways of this State without any registration thereof in this State under the provisions of this chapter and without the payment of any registration fees to the State upon the following conditions:

      (a) That each vehicle must be operated pursuant to [a permit designated as a “hunter’s permit” in § 910] § 530 of article [IX] V of the International Registration Plan, as adopted by the Department pursuant to NRS 706.826, or be registered or licensed and have attached thereto the registration or license plates for the then current year, pursuant to the motor vehicle registration laws of the state or country wherein the owner of the motor vehicle resides or maintains his or her principal place of business and wherein the vehicle is registered for that year, which registration or license plates must be displayed on the vehicle during all of the time operated in this State.

      (b) That the laws of the state or country of the residence or principal place of business of the owner of the vehicle do not require the registration of the vehicles and payment of fees therefor from residents of this State engaging in similar carrier services in the state or country of the residence or principal place of business of the nonresident owner wherein the motor vehicle is registered.

 


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engaging in similar carrier services in the state or country of the residence or principal place of business of the nonresident owner wherein the motor vehicle is registered.

      Sec. 18. NRS 482.500 is hereby amended to read as follows:

      482.500  1.  Except as otherwise provided in subsection 2 or 3 [,] or specifically provided by statute, whenever upon application any duplicate or substitute certificate of registration, indicator, decal or number plate is issued, the following fees must be paid:

 

For a certificate of registration............................................................ $5.00

For every substitute number plate or set of plates............................. 5.00

For every duplicate number plate or set of plates........................... 10.00

For every decal displaying a county name.........................................   .50

For every other indicator, decal, license plate sticker or tab............ 5.00

 

      2.  The following fees must be paid for any replacement number plate or set of plates issued for the following special license plates:

      (a) For any special plate issued pursuant to NRS 482.3667, 482.367002, 482.3672, 482.3675, 482.370 to [482.376,] 482.3755, inclusive, 482.376 or 482.379 to 482.3818, inclusive, a fee of $10.

      (b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

      (c) Except as otherwise provided in paragraph (a) of subsection 1 of NRS 482.3824, for any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the Director for the issuance of those plates.

      3.  A fee must not be charged for a duplicate or substitute of a decal issued pursuant to NRS 482.37635.

      4.  The fees which are paid for replacement number plates, duplicate number plates and decals displaying county names must be deposited with the State Treasurer for credit to the Motor Vehicle Fund and allocated to the Department to defray the costs of replacing or duplicating the plates and manufacturing the decals.

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ê2017 Statutes of Nevada, Page 429ê

 

CHAPTER 96, SB 20

Senate Bill No. 20–Committee on Education

 

CHAPTER 96

 

[Approved: May 23, 2017]

 

AN ACT relating to educational personnel; requiring licensed teachers to complete training in the laws of this State relating to schools and the provisions of the Nevada Constitution relating to schools; removing the requirement that examinations for the initial licensing of teachers and other educational personnel include the laws of Nevada relating to schools, the Constitution of the United States and the Constitution of the State of Nevada; repealing provisions requiring teachers and other educational personnel to show knowledge of the Constitution of the United States and the Constitution of the State of Nevada; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Commission on Professional Standards in Education to adopt regulations governing examinations for the initial licensing of teachers and other educational personnel. Existing law also requires that such examinations include the laws of Nevada relating to schools, the Constitution of the United States and the Constitution of Nevada. (NRS 391.021) Section 1.5 of this bill removes the requirement that examinations for the initial licensing of teachers and other educational personnel include these subjects. Section 1 of this bill instead requires a person licensed as a teacher to complete training in the laws of this State relating to schools and the provisions of the Nevada Constitution relating to schools within 1 year after being issued a license to teach and being initially hired by the board of trustees of a school district. Section 1 also requires the Commission to prescribe the required contents of this training and review and, if necessary, revise the contents of this training biennially. Section 1.7 of this bill provides certain teachers who have not passed the examination on the laws of this State relating to schools, the Nevada Constitution and the Constitution of the United States with additional time to complete the training required by section 1.

      Existing law requires certain educational personnel to show, by examination or credentials showing college, university or normal school study, evidence of adequate knowledge of the origin, history, provisions and principles of the Constitution of the United States and the Constitution of Nevada. (NRS 391.090) Section 2 of this bill repeals these requirements.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A licensed teacher, except a teacher who is licensed only as a substitute teacher, must complete training in the laws of this State relating to schools and the provisions of the Nevada Constitution relating to schools within 1 year after being issued a license to teach and being initially hired by the board of trustees of a school district.

      2.  The Commission shall:

      (a) Establish by regulation the required contents of the training required by subsection 1;

 


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ê2017 Statutes of Nevada, Page 430 (Chapter 96, SB 20)ê

 

      (b) Establish by regulation the standard of proficiency required for a teacher to receive credit for completing the training required by subsection 1, which may include, without limitation, an examination to test the proficiency of a teacher in the laws of this State relating to schools and the provisions of the Nevada Constitution relating to schools; and

      (c) At least once each biennium, review the contents of the training required by subsection 1 and, if necessary, revise the content of the training.

      3.  The training required by subsection 1:

      (a) Must be tailored to the professional needs of teachers.

      (b) May be conducted in person or interactively through the use of communications technology by the school district that employs a teacher or by a vendor approved by such a school district.

      Sec. 1.5.  NRS 391.021 is hereby amended to read as follows:

      391.021  1.  Except as otherwise provided in paragraph (j) of subsection 1 of NRS 391.019 and NRS 391.027, the Commission shall adopt regulations governing examinations for the initial licensing of teachers and other educational personnel. The examinations must test the ability of the applicant to teach and the applicant’s knowledge of each specific subject he or she proposes to teach. [Each examination must include the following subjects:

      1.  The laws of Nevada relating to schools;

      2.  The Constitution of the State of Nevada; and

      3.  The Constitution of the United States.

Ê]

      2.  The provisions of this section do not prohibit the Commission from adopting regulations pursuant to subsection 2 of NRS 391.032 that provide an exemption from the examinations for teachers and other educational personnel from another state if the Commission determines that the examinations required for initial licensure for teachers and other educational personnel in that state are comparable to the examinations required for initial licensure in this State.

      Sec. 1.7.  Notwithstanding the provisions of section 1 of this act:

      1.  Except as otherwise provided in subsection 2, a licensed teacher, except a teacher who is licensed only as a substitute teacher, who is initially hired by the board of trustees of a school district on or before July 1, 2018, and has not passed the examination on the laws of Nevada relating to schools, the Constitution of the State of Nevada and the Constitution of the United States prescribed by NRS 391.021 before the effective date of this act must complete the training required by section 1 of this act within 2 years after being initially hired or the effective date of this act, whichever is later.

      2.  A teacher who was issued a conditional license on or before the effective date of this act and has not passed the examination on the laws of Nevada relating to schools, the Constitution of the State of Nevada and the Constitution of the United States prescribed by NRS 391.021 before the effective date of this act must complete the training required by section 1 of this act within 2 years after the effective date of this act.

      Sec. 1.9.  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. 2. NRS 391.090 is hereby repealed.

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

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ê2017 Statutes of Nevada, Page 431ê

 

CHAPTER 97, SB 27

Senate Bill No. 27–Committee on Health and Human Services

 

CHAPTER 97

 

[Approved: May 23, 2017]

 

AN ACT relating to mental health; revising the definition of the term “mental illness” for purposes of provisions relating to criminal procedure, mental health and intellectual disabilities; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law defines the term “mental illness” for purposes of provisions relating to criminal procedure, mental health and intellectual disabilities to mean a clinically significant disorder of thought, mood, perception, orientation, memory or behavior which: (1) is listed in certain diagnostic manuals; and (2) seriously limits the capacity of a person to function in the primary aspects of daily living. (NRS 176A.045, 433.164, 435.007) This bill revises the definition to: (1) eliminate references to those diagnostic manuals; and (2) exclude certain other mental disorders that result in diminished capacity.

 

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 433.164 is hereby amended to read as follows:

      433.164  “Mental illness” means a clinically significant disorder of thought, mood, perception, orientation, memory or behavior which [:

      1.  Is listed in the most recent edition of the clinical manual of the International Classification of Diseases, ICD-9-CM, code range 295 to 302.9, inclusive, 306 to 309.9, inclusive, or 311 to 316, inclusive, or the corresponding code in the most recent edition of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders, DSM-IV, Axis I; and

      2.  Seriously] seriously limits the capacity of a person to function in the primary aspects of daily living, including, without limitation, personal relations, living arrangements, employment and recreation. The term does not include other mental disorders that result in diminished capacity, including, without limitation, epilepsy, intellectual disability, dementia, delirium, brief periods of intoxication caused by alcohol or drugs or dependence upon or addiction to alcohol or drugs.

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

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ê2017 Statutes of Nevada, Page 432ê

 

CHAPTER 98, SB 43

Senate Bill No. 43–Committee on Natural Resources

 

CHAPTER 98

 

[Approved: May 23, 2017]

 

AN ACT relating to the Nevada State Board on Geographic Names; adding a representative of the United States National Park Service to the Board; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the Nevada State Board on Geographic Names coordinates and approves geographic names within the State for official recommendation to the United States Board on Geographic Names. (NRS 327.110) The Nevada State Board on Geographic Names consists of representatives from various state and federal agencies and organizations and the Inter-Tribal Council of Nevada, Inc. (NRS 327.120) This bill revises the composition of the Board by adding a representative from the United States National Park Service to the current membership of the Board.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 327.120 is hereby amended to read as follows:

      327.120  The Board consists of:

      1.  One representative of each of the following agencies or organizations:

      (a) Bureau of Mines and Geology of the State of Nevada.

      (b) Faculty of the University of Nevada, Reno.

      (c) Faculty of the University of Nevada, Las Vegas.

      (d) Division of State Library, Archives and Public Records [.] of the Department of Administration.

      (e) Department of Transportation of the State.

      (f) State Department of Conservation and Natural Resources.

      (g) Nevada Historical Society.

      (h) United States Bureau of Land Management.

      (i) United States Forest Service.

      (j) United States National Park Service.

      (k) Inter-Tribal Council of Nevada, Inc. , or its successor organization.

Ê Each agency or organization shall designate a representative and one alternative representative for this purpose.

      2.  An Executive Secretary who is a nonvoting member of the Board. The State Resident Cartographer shall serve in this position. If there is not such a cartographer, the voting members of the Board shall select the Executive Secretary.

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

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ê2017 Statutes of Nevada, Page 433ê

 

CHAPTER 99, SB 35

Senate Bill No. 35–Committee on Judiciary

 

CHAPTER 99

 

[Approved: May 23, 2017]

 

AN ACT relating to the criminal justice system; creating the Subcommittee on Criminal Justice Information Sharing of the Advisory Commission on the Administration of Justice; authorizing the Subcommittee to appoint working groups; revising the duties of the Advisory Commission; revising the membership of the Advisory Commission; repealing provisions governing the Advisory Committee on Nevada Criminal Justice Information Sharing; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Director of the Department of Public Safety to establish within the Department the Advisory Committee on Nevada Criminal Justice Information Sharing and prescribes the duties of the Advisory Committee. (NRS 179A.079) Existing law also: (1) establishes the Advisory Commission on the Administration of Justice and various subcommittees of the Advisory Commission; and (2) directs the Advisory Commission and subcommittees, among other duties, to identify and study the elements of this State’s system of criminal justice. (NRS 176.0123-176.0125) Section 2 of this bill creates the Subcommittee on Criminal Justice Information Sharing of the Advisory Commission. Section 2 also: (1) requires the Chair of the Advisory Commission to appoint all members of the Subcommittee except one member who is appointed by the Director of the Department of Public Safety and who serves in a position that requires the person to use the Central Repository for Nevada Records of Criminal History for purposes other than criminal justice; and (2) requires the Subcommittee to review issues related to records of criminal history and report to the Advisory Commission with recommendations to address such issues. Section 3 of this bill: (1) authorizes the Subcommittee to appoint working groups; (2) provides that meetings of a working group are not subject to the Open Meeting Law; and (3) provides that information and materials received or prepared by a working group is not a public record subject to the provisions of chapter 239 of NRS. Section 5 of this bill revises the membership of the Advisory Commission to include a representative of the Central Repository for Nevada Records of Criminal History, appointed by the Governor. Section 6 of this bill requires the Advisory Commission to: (1) make recommendations regarding the sharing of criminal justice information in this State; and (2) provide those recommendations to the Legislature and the Director of the Department of Public Safety. Section 8 of this bill repeals the Advisory Committee on Nevada Criminal Justice Information Sharing.

 

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

      Sec. 2. 1.  There is hereby created the Subcommittee on Criminal Justice Information Sharing of the Commission.

      2.  The Subcommittee consists of:

 


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ê2017 Statutes of Nevada, Page 434 (Chapter 99, SB 35)ê

 

      (a) Members appointed by the Chair of the Commission; and

      (b) One member appointed by the Director of the Department of Public Safety. This member must serve in a position that requires the person to use the Central Repository for Nevada Records of Criminal History to obtain information relating to records of criminal history for purposes other than criminal justice. Such purposes may include, without limitation, determining the eligibility of persons for employment or licensure.

      3.  The Chair of the Commission shall designate one of the members of the Subcommittee as Chair of the Subcommittee. The Chair of the Subcommittee must be a member of the Commission.

      4.  The Subcommittee shall meet at the times and places specified by a call of the Chair. A majority of the members of the Subcommittee constitutes a quorum, and a quorum may exercise any power or authority conferred on the Subcommittee.

      5.  The Subcommittee shall:

      (a) Review requests from criminal justice agencies regarding the capabilities of the Nevada Criminal Justice Information System that are submitted in the format prescribed by the Subcommittee;

      (b) Review technical and operational issues related to the Nevada Criminal Justice Information System and the development of new technologies; and

      (c) Evaluate, review and submit a report to the Commission with recommendations concerning such issues.

      6.  Any Legislators who are members of the Subcommittee are entitled to receive the salary provided for a majority of the members of the Legislature during the first 60 days of the preceding session for each day’s attendance at a meeting of the Subcommittee.

      7.  While engaged in the business of the Subcommittee, to the extent of legislative appropriation, each member of the Subcommittee is entitled to receive the per diem allowance and travel expenses as provided for state officers and employees generally.

      Sec. 3. 1.  The Chair of the Subcommittee on Criminal Justice Information Sharing created by section 2 of this act may appoint working groups to:

      (a) Consider specific problems or other matters that are related to and within the scope of the functions of the Subcommittee; and

      (b) Conduct in-depth reviews of the impacts of requests for changes to the capabilities of the Nevada Criminal Justice Information System.

      2.  A working group appointed pursuant to subsection 1 may be composed of:

      (a) Representatives of the Central Repository for Nevada Records of Criminal History;

      (b) Representatives of the Division of Enterprise Information Technology Services of the Department of Administration; and

      (c) Representatives of criminal justice agencies in this State.

      3.  The Chair of the Subcommittee shall designate one of the members of a working group to serve as Chair of the working group.

      4.  The Chair of a working group may recommend to the Subcommittee any changes to the capabilities of the Nevada Criminal Justice Information System and changes relating to the development of new technologies.

 


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      5.  The provisions of chapter 241 of NRS do not apply to any meeting held by a working group to carry out the provisions of this section, including, without limitation, meetings to:

      (a) Discuss operating procedures for using the systems which comprise the Nevada Criminal Justice Information System;

      (b) Discuss details concerning the design of the systems which comprise the Nevada Criminal Justice Information System;

      (c) Discuss deficiencies in security concerning the systems which comprise the Nevada Criminal Justice Information System; and

      (d) Discuss the use or development of new technologies.

      6.  All information and materials received or prepared by a working group are confidential and not a public record for purposes of chapter 239 of NRS.

      7.  The members of a working group serve without compensation.

      Sec. 4. NRS 176.0121 is hereby amended to read as follows:

      176.0121  As used in NRS 176.0121 to 176.0129, inclusive, and sections 2 and 3 of this act, “Commission” means the Advisory Commission on the Administration of Justice.

      Sec. 5. NRS 176.0123 is hereby amended to read as follows:

      176.0123  1.  The Advisory Commission on the Administration of Justice is hereby created. The Commission consists of:

      (a) One member who is a municipal judge or justice of the peace, appointed by the governing body of the Nevada Judges of Limited Jurisdiction;

      (b) One member who is a district judge, appointed by the governing body of the Nevada District Judges Association;

      (c) One member who is a justice of the Supreme Court of Nevada or a retired justice of the Supreme Court of Nevada, appointed by the Chief Justice of the Supreme Court of Nevada;

      (d) One member who is a district attorney, appointed by the governing body of the Nevada District Attorneys Association;

      (e) One member who is an attorney in private practice, experienced in defending criminal actions, appointed by the governing body of the State Bar of Nevada;

      (f) One member who is a public defender, appointed by the governing body of the State Bar of Nevada;

      (g) One member who is a representative of a law enforcement agency, appointed by the Governor;

      (h) One member who is a representative of the Division of Parole and Probation of the Department of Public Safety, appointed by the Governor;

      (i) One member who is a representative of the Central Repository for Nevada Records of Criminal History, appointed by the Governor;

      (j) One member who has been a victim of a crime or is a representative of an organization supporting the rights of victims of crime, appointed by the Governor;

      [(j)](k) One member who is a representative of an organization that advocates on behalf of inmates, appointed by the Governor;

      [(k)](l) One member who is a representative of the Nevada Sheriffs’ and Chiefs’ Association, appointed by the Nevada Sheriffs’ and Chiefs’ Association;

      [(l)](m) One member who is a member of the State Board of Parole Commissioners, appointed by the State Board of Parole Commissioners;

 


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      [(m)](n) The Director of the Department of Corrections;

      [(n)](o) Two members who are Senators, one of whom is appointed by the Majority Leader of the Senate and one of whom is appointed by the Minority Leader of the Senate; and

      [(o)](p) Two members who are members of the Assembly, one of whom is appointed by the Speaker of the Assembly and one of whom is appointed by the Minority Leader of the Assembly.

Ê If any association listed in this subsection ceases to exist, the appointment required by this subsection must be made by the association’s successor in interest or, if there is no successor in interest, by the Governor.

      2.  The Attorney General is an ex officio voting member of the Commission.

      3.  Each appointed member serves a term of 2 years. Members may be reappointed for additional terms of 2 years in the same manner as the original appointments. Any vacancy occurring in the membership of the Commission must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.

      4.  The Legislators who are members of the Commission are entitled to receive the salary provided for a majority of the members of the Legislature during the first 60 days of the preceding session for each day’s attendance at a meeting of the Commission.

      5.  At the first regular meeting of each odd-numbered year, the members of the Commission shall elect a Chair by majority vote who shall serve until the next Chair is elected.

      6.  The Commission shall meet at least once every 3 months and may meet at such further times as deemed necessary by the Chair.

      7.  A majority of the members of the Commission constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the Commission.

      8.  While engaged in the business of the Commission, to the extent of legislative appropriation, each member of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      9.  To the extent of legislative appropriation, the Director of the Legislative Counsel Bureau shall provide the Commission with such staff as is necessary to carry out the duties of the Commission.

      Sec. 6. NRS 176.0125 is hereby amended to read as follows:

      176.0125  The Commission shall:

      1.  Identify and study the elements of this State’s system of criminal justice which affect the sentences imposed for felonies and gross misdemeanors.

      2.  Evaluate the effectiveness and fiscal impact of various policies and practices regarding sentencing which are employed in this State and other states, including, but not limited to, the use of plea bargaining, probation, programs of intensive supervision, programs of regimental discipline, imprisonment, sentencing recommendations, mandatory and minimum sentencing, mandatory sentencing for crimes involving the possession, manufacture and distribution of controlled substances, structured or tiered sentencing, enhanced penalties for habitual criminals, parole, credits against sentences, residential confinement and alternatives to incarceration.

 


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      3.  Recommend changes in the structure of sentencing in this State which, to the extent practicable and with consideration for their fiscal impact, incorporate general objectives and goals for sentencing, including, but not limited to, the following:

      (a) Offenders must receive sentences that increase in direct proportion to the severity of their crimes and their histories of criminality.

      (b) Offenders who have extensive histories of criminality or who have exhibited a propensity to commit crimes of a predatory or violent nature must receive sentences which reflect the need to ensure the safety and protection of the public and which allow for the imprisonment for life of such offenders.

      (c) Offenders who have committed offenses that do not include acts of violence and who have limited histories of criminality must receive sentences which reflect the need to conserve scarce economic resources through the use of various alternatives to traditional forms of incarceration.

      (d) Offenders with similar histories of criminality who are convicted of similar crimes must receive sentences that are generally similar.

      (e) Offenders sentenced to imprisonment must receive sentences which do not confuse or mislead the public as to the actual time those offenders must serve while incarcerated or before being released from confinement or supervision.

      (f) Offenders must not receive disparate sentences based upon factors such as race, gender or economic status.

      (g) Offenders must receive sentences which are based upon the specific circumstances and facts of their offenses, including the nature of the offense and any aggravating factors, the savagery of the offense, as evidenced by the extent of any injury to the victim, and the degree of criminal sophistication demonstrated by the offender’s acts before, during and after commission of the offense.

      4.  Evaluate the effectiveness and efficiency of the Department of Corrections and the State Board of Parole Commissioners with consideration as to whether it is feasible and advisable to establish an oversight or advisory board to perform various functions and make recommendations concerning:

      (a) Policies relating to parole;

      (b) Regulatory procedures and policies of the State Board of Parole Commissioners;

      (c) Policies for the operation of the Department of Corrections;

      (d) Budgetary issues; and

      (e) Other related matters.

      5.  Evaluate the effectiveness of specialty court programs in this State with consideration as to whether such programs have the effect of limiting or precluding reentry of offenders and parolees into the community.

      6.  Evaluate the policies and practices concerning presentence investigations and reports made by the Division of Parole and Probation of the Department of Public Safety, including, without limitation, the resources relied on in preparing such investigations and reports and the extent to which judges in this State rely on and follow the recommendations contained in such presentence investigations and reports.

      7.  Evaluate, review and comment upon issues relating to juvenile justice in this State, including, but not limited to:

 


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      (a) The need for the establishment and implementation of evidence-based programs and a continuum of sanctions for children who are subject to the jurisdiction of the juvenile court; and

      (b) The impact on the criminal justice system of the policies and programs of the juvenile justice system.

      8.  Compile and develop statistical information concerning sentencing in this State.

      9.  Identify and study issues relating to the application of chapter 241 of NRS to meetings held by the:

      (a) State Board of Pardons Commissioners to consider an application for clemency; and

      (b) State Board of Parole Commissioners to consider an offender for parole.

      10.  Identify and study issues relating to the operation of the Department of Corrections, including, without limitation, the system for allowing credits against the sentences of offenders, the accounting of such credits and any other policies and procedures of the Department which pertain to the operation of the Department.

      11.  Evaluate the policies and practices relating to the involuntary civil commitment of sexually dangerous persons.

      12.  Identify and study the impacts and effects of collateral consequences of convictions in this State. Such identification and study:

      (a) Must cause to be identified any provision in the Nevada Constitution, the Nevada Revised Statutes and the Nevada Administrative Code which imposes a collateral sanction or authorizes the imposition of a disqualification, and any provision of law that may afford relief from a collateral consequence;

      (b) May rely on the study of this State’s collateral sanctions, disqualifications and relief provisions prepared by the National Institute of Justice described in section 510 of the Court Security Improvement Act of 2007, Public Law 110-177; and

      (c) Must include the posting of a hyperlink on the Commission’s website to any study of this State’s collateral sanctions, disqualifications and relief provisions prepared by the National Institute of Justice described in section 510 of the Court Security Improvement Act of 2007, Public Law 110-177.

      13.  Recommend standards, policies and procedures for integrated criminal justice information sharing between criminal justice agencies in this State and the Central Repository for Nevada Records of Criminal History.

      14.  Provide a copy of any recommendations described in subsection 13 to the Director of the Department of Public Safety.

      15.  For each regular session of the Legislature, prepare a comprehensive report including the Commission’s recommended changes pertaining to the administration of justice in this State, the Commission’s findings and any recommendations of the Commission for proposed legislation. The report must be submitted to the Director of the Legislative Counsel Bureau for distribution to the Legislature not later than September 1 of each even-numbered year.

      Sec. 7. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 41.071, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.

 


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75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 130.712, 136.050, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.

 


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681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 3 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

      2.  A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

      3.  A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

      4.  A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:

      (a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.

      (b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.

      Sec. 8. NRS 179A.079 is hereby repealed.

________

 

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 441ê

 

CHAPTER 100, SB 19

Senate Bill No. 19–Committee on Education

 

CHAPTER 100

 

[Approved: May 24, 2017]

 

AN ACT relating to education; prescribing the requirements for a pupil to enroll in a dual credit course; providing that the State Board of Education must not unreasonably limit the number of dual credit courses in which a pupil may enroll; requiring the board of trustees of each school district to provide written notice identifying the dual credit courses available to pupils enrolled in the district; requiring each school district and charter school to enter into a cooperative agreement with one or more community colleges, state colleges and universities to provide dual credit courses to pupils enrolled in the school district or charter school; providing that an academic plan for a pupil who is enrolled in a dual credit course must include certain information; providing that a pupil who successfully completes a program of workforce development must be allowed to apply any credit received for the completion of the program toward the total number of credits required for a related credential, certificate or degree; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that a pupil enrolled in high school may earn college credit for a dual credit course taken in high school and apply the credit received for such a course to the total number of credits required for graduation from his or her high school. (NRS 389.160) Section 3 of this bill provides that a pupil who wishes to enroll in a dual credit course must: (1) apply to the superintendent of the school district or his or her designee or the administrator of the charter school, in which the pupil is enrolled; and (2) satisfactorily complete the prerequisites for the course before enrolling in the course. Section 4 of this bill requires each school district and charter school to enter into cooperative agreements with one or more community colleges, state colleges and universities to offer dual credit courses to pupils enrolled in the school district or charter school. Section 4 requires a cooperative agreement to include an explanation of the manner in which the tuition for each dual credit course will be paid. Section 4 also requires: (1) a community college, state college or university that provides a dual credit course to provide a copy of the cooperative agreement to the Nevada System of Higher Education and the Department of Education; and (2) the System and Department to retain a copy of each such cooperative agreement. Section 5 of this bill prohibits the State Board of Education from unreasonably limiting the number of dual credit courses in which a pupil may enroll.

      Existing law requires each public high school to develop an academic plan for each pupil that sets forth the educational goals the pupil intends to achieve before graduation from high school. (NRS 388.205) Section 1 of this bill requires the plan for a pupil who is enrolled in dual credit courses additionally to address how the dual credit course will enable the pupil to achieve his or her postgraduation goals.

      Existing law requires the board of trustees of each school district to provide certain notice regarding the courses, programs and services available to pupils enrolled in the school district. (NRS 392.018) Section 6 of this bill requires the board of trustees to prepare a written notice which identifies the dual credit courses available to pupils enrolled in the school district and, to the extent information is available, to pupils enrolled in charter schools within the school district.

 


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ê2017 Statutes of Nevada, Page 442 (Chapter 100, SB 19)ê

 

      Existing law requires the Office of Economic Development to develop and implement one or more programs to provide customized workforce development services to persons that create and expand certain businesses in this State and relocate businesses to this State. (NRS 231.055) Section 7 of this bill provides that a student who successfully completes a program of workforce development that is provided by an institution within the Nevada System of Higher Education or a private postsecondary educational institution must be allowed to apply the credit received for the completion of the program toward the total number of credits required for a related credential, certificate or degree from that institution. Section 7 also provides that such a student may be enrolled in a dual credit course at a public high school.

 

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

 

      Whereas, The attainment of a post-secondary credential, certificate or degree is an essential component for success in the modern economy and promotes competitiveness in the job market; and

      Whereas, The expansion of opportunities for pupils in this State to pursue and successfully attain a post-secondary credential, certificate or degree is a strategic priority for this State; and

      Whereas, Dual enrollment programs, whereby a pupil in high school may earn college credit for courses taken while in high school, directly support increases in the number of persons who obtain a post-secondary credential, certificate or degree; and

      Whereas, Statewide coordination of dual enrollment programs is necessary to maximize the benefits of such programs and align them with the needs and realities of today’s economy; and

      Whereas, Expanding the opportunity to participate in dual enrollment programs will allow such programs to serve a broader range of pupils in this State, particularly pupils representing underserved or at-risk communities and communities with historically low college participation rates; and

      Whereas, Dual enrollment programs represent an essential strategy in the statewide effort to develop a skilled and competitive workforce by increasing the number of Nevadans who are ready for college or a career upon graduation from high school and who successfully attain a post-secondary credential, certificate or degree; and

      Whereas, Dual enrollment programs support the unified state plan submitted by the Governor to the Secretary of Labor pursuant to 29 U.S.C. § 3112; and

      Whereas, Successful implementation of dual enrollment programs requires partnership and collaboration between public high schools, including charter schools, and the Nevada System of Higher Education; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 388.205 is hereby amended to read as follows:

      388.205  1.  The board of trustees of each school district shall adopt a policy for each public school in the school district in which ninth grade pupils are enrolled to develop a 4-year academic plan for each of those pupils. The academic plan must set forth the specific educational goals that the pupil intends to achieve before graduation from high school. The plan may include, without limitation, the designation of a career pathway and enrollment in dual credit courses, career and technical education courses, advanced placement courses and honors courses.

 


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ê2017 Statutes of Nevada, Page 443 (Chapter 100, SB 19)ê

 

enrollment in dual credit courses, career and technical education courses, advanced placement courses and honors courses.

      2.  The policy may ensure that each pupil enrolled in ninth grade and the pupil’s parent or legal guardian are provided with, to the extent practicable, the following information:

      (a) The advanced placement courses, honors courses, international baccalaureate courses, dual credit courses, career and technical education courses, including, without limitation, career and technical skills-building programs, and any other educational programs, pathways or courses available to the pupil which will assist the pupil in the advancement of his or her education;

      (b) The requirements for graduation from high school with a diploma and the types of diplomas available;

      (c) The requirements for admission to the Nevada System of Higher Education and the eligibility requirements for a Governor Guinn Millennium Scholarship; and

      (d) The charter schools within the school district.

      3.  The policy required by subsection 1 must require each pupil enrolled in ninth grade and the pupil’s parent or legal guardian to:

      (a) Be notified of opportunities to work in consultation with a school counselor to develop and review an academic plan for the pupil;

      (b) Sign the academic plan; and

      (c) Review the academic plan at least once each school year in consultation with a school counselor and revise the plan if necessary.

      4.  If a pupil enrolls in a high school after ninth grade, an academic plan must be developed for that pupil with appropriate modifications for the grade level of the pupil.

      5.  If an academic plan for a pupil includes enrollment in a dual credit course, the plan must address how the dual credit course will enable the pupil to achieve his or her postgraduation goals.

      6.  An academic plan for a pupil must be used as a guide for the pupil and the parent or legal guardian of the pupil to plan, monitor and manage the pupil’s educational and occupational development and make determinations of the appropriate courses of study for the pupil. If a pupil does not satisfy all the goals set forth in the academic plan, the pupil is eligible to graduate and receive a high school diploma if the pupil otherwise satisfies the requirements for a diploma.

      Sec. 2. Chapter 389 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

      Sec. 3. 1.  Except as otherwise provided in this subsection, a pupil enrolled in high school, including, without limitation, a pupil enrolled in grade 9, 10, 11 or 12 in a charter school, who wishes to enroll in a dual credit course must, at least 60 days before the last day of the semester that immediately precedes the semester in which the pupil intends to enroll in a dual credit course, submit an application on the form prescribed pursuant to subsection 2 to the superintendent of schools of the school district or his or her designee or the administrator of the charter school, as applicable. The superintendent or his or her designee or the administrator of a charter school, as applicable, may, in his or her discretion, waive the period for submitting an application prescribed by this subsection.

 


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ê2017 Statutes of Nevada, Page 444 (Chapter 100, SB 19)ê

 

      2.  The board of trustees of a school district or the governing body of a charter school shall create, publish and make publicly available an application for enrollment in a dual credit course. The application must, without limitation:

      (a) Provide for enrollment in more than one dual credit course using a single application;

      (b) Specify the dual credit course or courses in which the applicant seeks to concurrently enroll; and

      (c) Be consistent with any regulations adopted by the State Board.

      3.  The superintendent of schools of a school district or his or her designee or the administrator of a charter school, as applicable, shall approve or disapprove each application submitted pursuant to subsection 1 and provide notice of the approval or disapproval to the applicant.

      4.  A pupil must satisfactorily complete the prerequisites for a dual credit course before he or she may enroll in the course. If a pupil does not satisfactorily complete the prerequisites for a dual credit course, the community college, state college or university that provides the dual credit course may allow the pupil to enroll in another course for which the pupil has satisfactorily completed the prerequisites without requiring the pupil to submit a new application.

      Sec. 4. 1.  Each school district and charter school shall enter into cooperative agreements with one or more community colleges, state colleges and universities to offer dual credit courses to pupils enrolled in the school district or charter school.

      2.  Each cooperative agreement entered into pursuant to this section must include, without limitation:

      (a) Provisions specifying the amount of credit to be awarded for the successful completion of the dual credit course;

      (b) A requirement that any credits earned by a pupil for the successful completion of a dual credit course must be applied toward earning a credential, certificate or degree, as applicable, at the community college, state college or university that provides the dual credit course;

      (c) An explanation of the manner in which the tuition for the dual credit course will be paid, including, without limitation, whether:

             (1) The school district or charter school will pay all or a portion of the tuition for the dual credit course;

             (2) A pupil is responsible for paying all or a portion of the tuition for the dual credit course;

             (3) Grants from the Department are available and will be applied to pay all or a portion of the tuition for the dual credit course; and

             (4) Any other funding source, including federal funding sources or sources from private entities, will be applied by the school district or charter school to pay all or a portion of the tuition for the dual credit course;

      (d) A requirement that the school district or charter school establish an academic program for each pupil enrolled in the dual credit course that includes, as applicable, the academic plan developed for the pupil pursuant to NRS 388.205;

      (e) Assignment by the school district or charter school of a unique identification number to each pupil who is enrolled in the dual credit course;

 


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ê2017 Statutes of Nevada, Page 445 (Chapter 100, SB 19)ê

 

      (f) A requirement that the community college, state college or university that provides the dual credit course retain the unique identification number assigned to each pupil pursuant to paragraph (e);

      (g) A written consideration and identification of the ways in which a pupil who is enrolled in a dual credit course can remain eligible for interscholastic activities; and

      (h) Any other financial or other provisions that the school district or charter school and the community college, state college or university that provides the dual credit course deem appropriate.

      3.  A community college, state college or university that offers a dual credit course shall provide to the Nevada System of Higher Education and the Department a copy of each cooperative agreement entered into by the community college, state college or university pursuant to subsection 1.

      4.  The Nevada System of Higher Education and the Department shall retain a copy of each cooperative agreement entered into pursuant to this section.

      Sec. 5. NRS 389.160 is hereby amended to read as follows:

      389.160  1.  A pupil enrolled in high school, including, without limitation, a pupil enrolled in grade 9, 10, 11 or 12 in a charter school or a pupil enrolled in a program designed to meet the requirements of an adult standard diploma, who successfully completes a course of education offered by a community college , state college or university in this State which has been approved pursuant to subsection 2, must be allowed to apply the credit received for the course so completed to the total number of credits required for graduation from the high school or the charter school in which the pupil is enrolled or the credits required for receipt of an adult standard diploma, as applicable.

      2.  With the approval of the State Board, the board of trustees of each county school district and the governing body of each charter school shall prescribe the courses for which credits may be received pursuant to subsection 1, including occupational courses for academic credit, and the amount of credit allowed for the completion of those courses.

      3.  The State Board must not unreasonably limit the number of dual credit courses in which a pupil may enroll or for which a pupil may receive credit.

      Sec. 6. NRS 392.018 is hereby amended to read as follows:

      392.018  1.  The board of trustees of each school district shall prepare a written notice which identifies all the advanced placement courses, honors courses, international baccalaureate courses, dual credit courses, special education services, gifted and talented programs and any other educational programs available to pupils enrolled in the school district, including, without limitation, to the extent information is available, programs , including, without limitation, dual credit courses, offered by charter schools within the school district, which will assist in the advancement of the education of those pupils. The notice must:

      (a) Specify where those courses, services and programs are available within the school district;

      (b) Identify the grade level of pupils for which those courses, services and programs are available; and

      (c) Be posted on the Internet website maintained by the school district.

      2.  Each public school shall:

 


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ê2017 Statutes of Nevada, Page 446 (Chapter 100, SB 19)ê

 

      (a) Prepare a written notice which identifies the courses, services and programs identified pursuant to subsection 1 that are available at that public school;

      (b) Post in one or more conspicuous places at the school a notice indicating the availability and location of a complete list of the courses, services and programs:

             (1) Available within the school district, as identified pursuant to subsection 1; and

             (2) Available at that public school, as identified pursuant to paragraph (a); and

      (c) Ensure that the notices prepared pursuant to this section are made available to the parents and legal guardians of pupils enrolled in the school:

             (1) At the beginning of each school year or upon a pupil’s enrollment in public school, as applicable, including, without limitation, at meetings of parent organizations at the school and by distribution with other information that is sent home with pupils.

             (2) At parent-teacher conferences.

      3.  The notices prepared pursuant to subsection 1 and paragraph (a) of subsection 2 must be made available in such languages as the board of trustees of the school district deems necessary.

      Sec. 7. Chapter 231 of NRS is hereby amended by adding thereto a new section to read as follows:

      An institution within the Nevada System of Higher Education or a private postsecondary educational institution in this State that is an authorized provider shall allow a student, including, without limitation, a student who is enrolled in a dual credit course at a public high school, who successfully completes a program of workforce development that is provided by the institution to apply the credit received for the completion of the program toward the total number of credits required for a related credential, certificate or degree from that institution.

      Sec. 8. NRS 231.141 is hereby amended to read as follows:

      231.141  As used in NRS 231.141 to 231.152, inclusive, and section 7 of this act, unless the context otherwise requires, the words and terms defined in NRS 231.1415 and 231.146 have the meanings ascribed to them in those sections.

      Sec. 9.  This act becomes effective upon passage and approval for the purposes 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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ê2017 Statutes of Nevada, Page 447ê

 

CHAPTER 101, SB 241

Senate Bill No. 241–Senators Woodhouse, Ratti, Cannizzaro, Cancela, Parks; Atkinson, Denis, Farley, Ford, Manendo, Segerblom and Spearman

 

Joint Sponsors: Assemblymen Carrillo, Monroe-Moreno, Diaz, Neal; and Fumo

 

CHAPTER 101

 

[Approved: May 24, 2017]

 

AN ACT relating to education; providing for the establishment of the State Seal of STEM Program to recognize pupils who have attained a high level of proficiency in science, technology, engineering and mathematics; providing for the establishment of the State Seal of STEAM Program to recognize pupils who have attained a high level of proficiency in science, technology, engineering, the arts and mathematics; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Superintendent of Public Instruction to establish a State Seal of Biliteracy Program to recognize high school pupils who graduate with a high level of proficiency in one or more languages in addition to English. A pupil who satisfies the requirements of the Program is awarded a high school diploma with a State Seal of Biliteracy. (NRS 388.591, 388.593)

      Section 2 of this bill requires the Superintendent of Public Instruction to establish a State Seal of STEM Program beginning with the 2018-2019 school year to recognize high school pupils who have attained a high level of proficiency in science, technology, engineering and mathematics. Section 3 of this bill prescribes the requirements for a high school pupil to graduate with the STEM Seal affixed to his or her diploma.

      Section 4 of this bill requires the Superintendent of Public Instruction to establish a State Seal of STEAM Program beginning with the 2018-2019 school year to recognize high school pupils who have attained a high level of proficiency in science, technology, engineering, the arts and mathematics. Section 5 of this bill prescribes the requirements for a high school pupil to graduate with the STEAM Seal affixed to his or her 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. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2. 1.  The Superintendent of Public Instruction shall establish a State Seal of STEM Program to recognize pupils who graduate from a public high school, including, without limitation, a charter school and a university school for profoundly gifted pupils, who have attained a high level of proficiency in science, technology, engineering and mathematics.

      2.  The Superintendent of Public Instruction shall:

      (a) Create a State Seal of STEM that may be affixed to the diploma and noted on the transcript of a pupil to recognize that the pupil has met the requirements of section 3 of this act; and

 


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ê2017 Statutes of Nevada, Page 448 (Chapter 101, SB 241)ê

 

      (b) Deliver the State Seal of STEM to each school district, charter school and university school for profoundly gifted pupils that participates in the State Seal of STEM Program.

      3.  Any school district, charter school and university school for profoundly gifted pupils may participate in the State Seal of STEM Program by notifying the Superintendent of Public Instruction of its intent to participate in the Program.

      4.  Each board of trustees of a school district and governing body of a charter school or university school for profoundly gifted pupils that participates in the State Seal of STEM Program shall:

      (a) Identify the pupils who have met the requirements to be awarded the State Seal of STEM; and

      (b) Affix the State Seal of STEM to the diploma and note the receipt of the State Seal of STEM on the transcript of each pupil who meets those requirements.

      5.  The Superintendent of Public Instruction may adopt regulations as necessary to carry out the provisions of this section and section 3 of this act.

      Sec. 3. A school district, charter school and university school for profoundly gifted pupils that participates in the State Seal of STEM Program established pursuant to section 2 of this act must award a pupil, upon graduation from high school, a high school diploma with a State Seal of STEM if the pupil:

      1.  Earns at least a 3.25 grade point average, on a 4.0 grading scale, or a 3.85 weighted grade point average, on a grading scale approved by the Superintendent of Public Instruction if a different grading scale is used.

      2.  Demonstrates proficiency in science, technology, engineering and mathematics by earning:

      (a) At least 4 credits in science;

      (b) At least 4 credits in mathematics;

      (c) At least 1 credit in computer science, engineering, manufacturing, electronics or a career and technical education program of study in information and media technologies or skilled and technical sciences;

      (d) Any one of the following:

             (1) A score of 3 or higher on an advanced placement examination in science;

             (2) A score of 4 or higher on an international baccalaureate examination in science;

             (3) A score of 650 or higher on a SAT Subject Test in science;

            (4) A score of 23 or higher on the ACT in science;

             (5) A grade of B or higher in a college-level science course completed through dual enrollment; or

             (6) A score of gold or higher on the ACT National Career Readiness Certificate; and

      (e) Any one of the following:

             (1) A score of 3 or higher on an advanced placement examination in mathematics;

             (2) A score of 4 or higher on an international baccalaureate examination in mathematics;

             (3) A score of 530 or higher on the SAT in mathematics;

 


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ê2017 Statutes of Nevada, Page 449 (Chapter 101, SB 241)ê

 

             (4) A score of 22 or higher on the ACT in mathematics;

             (5) A grade of B or higher in a college-level mathematics course completed through dual enrollment; or

             (6) A score of gold or higher on the ACT National Career Readiness Certificate.

      Sec. 4. 1.  The Superintendent of Public Instruction shall establish a State Seal of STEAM Program to recognize pupils who graduate from a public high school, including, without limitation, a charter school and a university school for profoundly gifted pupils, who have attained a high level of proficiency in science, technology, engineering, the arts and mathematics.

      2.  The Superintendent of Public Instruction shall:

      (a) Create a State Seal of STEAM that may be affixed to the diploma and noted on the transcript of a pupil to recognize that the pupil has met the requirements of section 5 of this act; and

      (b) Deliver the State Seal of STEAM to each school district, charter school and university school for profoundly gifted pupils that participates in the State Seal of STEAM Program.

      3.  Any school district, charter school and university school for profoundly gifted pupils may participate in the State Seal of STEAM Program by notifying the Superintendent of Public Instruction of its intent to participate in the Program.

      4.  Each board of trustees of a school district and governing body of a charter school or university school for profoundly gifted pupils that participates in the State Seal of STEAM Program shall:

      (a) Identify the pupils who have met the requirements to be awarded the State Seal of STEAM; and

      (b) Affix the State Seal of STEAM to the diploma and note the receipt of the State Seal of STEAM on the transcript of each pupil who meets those requirements.

      5.  The Superintendent of Public Instruction may adopt regulations as necessary to carry out the provisions of this section and section 5 of this act.

      Sec. 5. A school district, charter school and university school for profoundly gifted pupils that participates in the State Seal of STEAM Program established pursuant to section 4 of this act must award a pupil, upon graduation from high school, a high school diploma with a State Seal of STEAM if the pupil:

      1.  Earns at least a 3.25 grade point average, on a 4.0 grading scale, or a 3.85 weighted grade point average, on a grading scale approved by the Superintendent of Public Instruction if a different grading scale is used.

      2.  Demonstrates proficiency in science, technology, engineering, the arts and mathematics by earning:

      (a) At least 3 credits in science;

      (b) At least 4 credits in mathematics;

      (c) At least 1 credit in computer science, engineering, manufacturing, electronics or a career and technical education program of study in information and media technologies or skilled and technical sciences;

      (d) At least 1 credit in fine arts;

      (e) Any one of the following:

 


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ê2017 Statutes of Nevada, Page 450 (Chapter 101, SB 241)ê

 

             (1) A score of 3 or higher on an advanced placement examination in science;

             (2) A score of 4 or higher on an international baccalaureate examination in science;

             (3) A score of 650 or higher on a SAT Subject Test in science;

             (4) A score of 23 or higher on the ACT in science;

             (5) A grade of B or higher in a college-level science course completed through dual enrollment; or

             (6) A score of gold or higher on the ACT National Career Readiness Certificate; and

      (f) Any one of the following:

             (1) A score of 3 or higher on an advanced placement examination in mathematics;

             (2) A score of 4 or higher on an international baccalaureate examination in mathematics;

             (3) A score of 530 or higher on the SAT in mathematics;

             (4) A score of 22 or higher on the ACT in mathematics;

             (5) A grade of B or higher in a college-level mathematics course completed through dual enrollment; or

             (6) A score of gold or higher on the ACT National Career Readiness Certificate.

      Sec. 6.  The Superintendent of Public Instruction shall establish the State Seal of STEM Program pursuant to section 2 of this act and the State Seal of STEAM Program pursuant to section 4 of this act for implementation beginning with the 2018-2019 school year.

      Sec. 7.  This act becomes effective:

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

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

________

 

 

 

 

 

 

 

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 451ê

 

CHAPTER 102, SB 107

Senate Bill No. 107–Senator Segerblom

 

CHAPTER 102

 

[Approved: May 24, 2017]

 

AN ACT relating to education; requiring the Council to Establish Academic Standards for Public Schools to establish standards of content and performance for ethnic and diversity studies in high school; authorizing school districts and governing bodies of charter schools that operate as a high school to provide instruction in ethnic and diversity studies to pupils in high school; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Council to Establish Academic Standards for Public Schools to establish standards of content and performance for certain courses of study in public schools. (NRS 389.520) This bill requires the Council to establish standards of content and performance for ethnic and diversity studies for pupils enrolled in high school.

      This bill also authorizes the board of trustees of a school district or the governing body of a charter school that operates as a high school to provide instruction in ethnic and diversity studies to pupils in high school and requires any such instruction to comply with the standards prescribed by the Council.

 

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

      1.  The Council shall establish standards of content and performance for ethnic and diversity studies for pupils enrolled in high school. The Council shall develop the standards in consultation with:

      (a) Faculty of ethnic or diversity studies at colleges and universities in this State that have an ethnic or diversity studies program;

      (b) Representatives of the school districts in this State, a majority of whom are teachers in kindergarten through grade 12 and who have experience or an educational background in the study and teaching of ethnic or diversity studies; and

      (c) Other qualified persons who represent the diverse communities of this State and the United States.

      2.  The standards established pursuant to subsection 1 must:

      (a) Examine the culture, history and contributions of diverse American communities, including, without limitation, African Americans, Hispanic Americans, Native Americans, Asian Americans, European Americans, Basque Americans and any other ethnic or diverse American communities the Council deems appropriate;

      (b) Emphasize human relations, sensitivity towards all races and diverse populations and work-related cultural competency skills;

 


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ê2017 Statutes of Nevada, Page 452 (Chapter 102, SB 107)ê

 

      (c) Be written in a manner that allows a school district or charter school to modify the content to reflect and support the demographics of pupils in the community, as long as the prescribed standard is met; and

      (d) Comply with any applicable admissions requirements for colleges and universities in this State.

      3.  The board of trustees of a school district and the governing body of a charter school that operates as a high school may provide instruction in ethnic and diversity studies to pupils enrolled in high school within the school district or in the charter school, as applicable. If provided, the instruction must comply with the standards of content and performance established by the Council pursuant to this section.

      4.  The State Board shall adopt such regulations as necessary to carry out the provisions of this section.

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

      Sec. 3.5. NRS 389.003 is hereby amended to read as follows:

      389.003  Except as otherwise provided in NRS 389.041, boards of trustees of school districts in this State shall enforce in schools:

      1.  The standards of content and performance established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520 and the courses of study related to those standards; and

      2.  The courses of study prescribed and adopted by the State Board.

      Sec. 4. NRS 389.500 is hereby amended to read as follows:

      389.500  As used in NRS 389.500 to 389.540, inclusive, and section 1 of this act, “Council” means the Council to Establish Academic Standards for Public Schools.

      Sec. 5. NRS 389.505 is hereby amended to read as follows:

      389.505  The Superintendent of Public Instruction is responsible for ensuring that the duties and responsibilities of the Council set forth in NRS 389.500 to 389.540, inclusive, and section 1 of this act and NRS 390.105 and 390.115 are carried out by the Council successfully.

      Sec. 6. (Deleted by amendment.)

      Sec. 7.  This act becomes effective:

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

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

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ê2017 Statutes of Nevada, Page 453ê

 

CHAPTER 103, SB 108

Senate Bill No. 108–Committee on Education

 

CHAPTER 103

 

[Approved: May 24, 2017]

 

AN ACT relating to education; requiring the State Board of Education to create a subcommittee to study the manner in which to include certain instruction in criminal law in the social studies courses required for graduation from a public high school; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires each pupil enrolled in a public high school to enroll in at least three units of credit in social studies. (NRS 389.018) This bill requires the State Board of Education to create a subcommittee to study the manner in which to include certain instruction in criminal law in the required units of credit in social studies and specifies certain crimes which frequently involve persons under the age of 18 years that must be included in the instruction. In addition, this bill requires that such instruction emphasize personal responsibility for understanding and complying with the law and lists specific topics to be included as part of this instruction. In addition, the instruction must include information to assist victims and witnesses of such crimes and lists specific topics for this instruction. This bill requires: (1) the State Board of Education to report the findings of the subcommittee to the Legislative Committee on Education, including any actions it has taken or intends to take to include the instruction in the social studies courses; and (2) the Legislative Committee on Education to consider the report and transmit any recommendations for legislation to ensure the instruction is included in the curriculum for social studies to the 80th Session of the Nevada Legislature.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 1.5.  1.  The State Board of Education shall create a subcommittee to study the manner in which to include, in one of the three units of credit in social studies required pursuant to NRS 389.018 instruction concerning crimes that frequently involve persons under the age of 18 years. Such instruction must include, without limitation, crimes involving:

      (a) Sexual conduct, including, without limitation, sexual assault, statutory sexual seduction, sex trafficking and sexting;

      (b) Alcohol and controlled substances, including, without limitation, driving under the influence and the possession, use and distribution of alcohol and controlled substances;

      (c) Domestic violence;

      (d) Stalking; and

      (e) Destruction of property.

      2.  The instruction described in subsection 1 must emphasize personal responsibility for understanding and complying with the law and must include, without limitation, instruction on:

 


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ê2017 Statutes of Nevada, Page 454 (Chapter 103, SB 108)ê

 

      (a) The elements of the various crimes;

      (b) Appropriate conduct necessary to avoid being accused of such crimes, including, without limitation, specific instruction concerning the legal requirements for finding consent with respect to sexual conduct;

      (c) The consequences of engaging in such crimes;

      (d) The rights of a person alleged to have committed any such crime; and

      (e) The criminal justice system.

      3.  The instruction described in subsection 1 must provide information to assist victims and witnesses of such crimes, including, without limitation:

      (a) The rights of victims;

      (b) Resources available to victims;

      (c) The rights and responsibilities of a person who witnesses any such crime; and

      (d) Information concerning how to report such a crime and where to seek assistance.

      4.  The study conducted by the subcommittee created pursuant to subsection 1 must include, without limitation:

      (a) The manner in which to modify the curriculum of the relevant course in social studies to include the instruction described in subsections 1, 2 and 3;

      (b) Any appropriate revision to the requirements for licensure or endorsement that may be necessary or appropriate for a teacher who provides the instruction described in subsections 1, 2 and 3;

      (c) The professional development that may be necessary or appropriate for a teacher who provides the instruction described in subsections 1, 2 and 3; and

      (d) Consideration of any similar instruction provided in another state or school district.

      5.  The subcommittee created pursuant to subsection 1 shall report its findings to the State Board of Education on or before April 1, 2018. The State Board of Education shall, on or before July 1, 2018, submit a report to the Legislative Committee on Education which includes its recommendations to carry out the instruction described in subsections 1, 2 and 3, as well as any actions the State Board has taken or intends to take to include the instruction in the relevant social studies course.

      6.  The Legislative Committee on Education shall consider the report submitted by the State Board of Education and, on or before September 1, 2018, prepare and submit a written report to the Director of the Legislative Counsel Bureau, for transmittal to the 80th Session of the Nevada Legislature, concerning the Committee’s consideration of the matters described in this section and any recommendations for legislation to ensure the instruction described in subsections 1, 2 and 3 are included in the curriculum for social studies that is required to be taken in high school.

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

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ê2017 Statutes of Nevada, Page 455ê

 

CHAPTER 104, AB 199

Assembly Bill No. 199–Assemblywomen Woodbury and Titus

 

Joint Sponsor: Senator Hardy

 

CHAPTER 104

 

[Approved: May 24, 2017]

 

AN ACT relating to health care; authorizing a physician assistant or advanced practice registered nurse to take certain actions relating to a Physician Order for Life-Sustaining Treatment; revising provisions governing the execution and revocation of a Physician Order for Life-Sustaining Treatment form; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the State Board of Health to adopt a Physician Order for Life-Sustaining Treatment form (POLST form), a document which records the wishes of a patient and directs any provider of health care regarding the provision of life-resuscitating treatment and life-sustaining treatment. (NRS 449.694) Existing law also specifies that a patient who is at least 18 years of age and of sound mind is allowed to request, execute and revoke a POLST form. Under existing law, if a patient is at least 18 years of age and incompetent, certain legal representatives of the patient are authorized to execute and revoke a POLST form on behalf of the patient. (NRS 449.6942, 449.6944) Sections 2-5, 7-17 and 21-25 of this bill authorize a physician assistant or advanced practice registered nurse to make certain determinations related to a POLST form and to execute a POLST form for a patient. Sections 9 and 10 also revise provisions governing the execution and revocation of a POLST form. Section 9: (1) provides that, under certain circumstances, a surrogate who is not a legal representative of the patient, including, without limitation, certain family members of the patient or any other adult who has exhibited special care or concern for the patient, is familiar with the values of the patient and willing and able to make health care decisions for the patient, is authorized to request and execute a POLST form for the patient; and (2) revises the standard for determining whether a patient has the capacity to request and execute a POLST form. Section 10 revises the standard for determining whether a patient has the capacity to revoke a POLST form so that the standard matches the standard set forth in section 9 for determining whether the patient has the capacity to execute a POLST form.

      Existing law contains provisions for resolving potential conflicts between a POLST form and another type of instrument governing the withholding or withdrawal of life-resuscitating treatment and life-sustaining treatment. (NRS 449.6946) Section 11 requires a provider of health care to honor a declaration, direction or order set forth in a POLST form to provide life-resuscitating treatment if the declaration, direction or order is executed after a do-not-resuscitate identification was issued to the patient.

 


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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 5, inclusive, of this act.

      Sec. 2. “Advanced practice registered nurse” means a registered nurse who holds a valid license as an advanced practice registered nurse issued by the State Board of Nursing pursuant to NRS 632.237.

      Sec. 3. “Attending advanced practice registered nurse” means an advanced practice registered nurse who has primary responsibility for the treatment and care of the patient.

      Sec. 4. “Attending physician assistant” means a physician assistant who has primary responsibility for the treatment and care of the patient.

      Sec. 5. “Physician assistant” means a person who holds a license as a physician assistant pursuant to chapter 630 or 633 of NRS.

      Sec. 6. NRS 449.691 is hereby amended to read as follows:

      449.691  As used in NRS 449.691 to 449.697, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 449.6912 to 449.6934, inclusive, and sections 2 to 5, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 7. NRS 449.693 is hereby amended to read as follows:

      449.693  [“Physician] “Provider Order for Life-Sustaining Treatment form” or “POLST form” means the form prescribed pursuant to NRS 449.694 that:

      1.  Records the wishes of the patient; and

      2.  Directs a provider of health care regarding the provision of life-resuscitating treatment and life-sustaining treatment.

      Sec. 8. NRS 449.694 is hereby amended to read as follows:

      449.694  The Board shall prescribe a standardized [Physician] Provider Order for Life-Sustaining Treatment form, commonly known as a POLST form, which:

      1.  Is uniquely identifiable and has a uniform color;

      2.  Provides a means by which to indicate whether the patient has made an anatomical gift pursuant to NRS 451.500 to 451.598, inclusive;

      3.  Gives direction to a provider of health care or health care facility regarding the use of emergency care and life-sustaining treatment;

      4.  Is intended to be honored by any provider of health care who treats the patient in any health-care setting, including, without limitation, the patient’s residence, a health care facility or the scene of a medical emergency; and

      5.  Includes such other features and information as the Board may deem advisable.

      Sec. 9. NRS 449.6942 is hereby amended to read as follows:

      449.6942  1.  A physician , physician assistant or advanced practice registered nurse shall take the actions described in subsection 2:

      (a) If the physician , physician assistant or advanced practice registered nurse diagnoses a patient with a terminal condition;

      (b) If the physician , physician assistant or advanced practice registered nurse determines, for any reason, that a patient has a life expectancy of less than 5 years; or

 


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      (c) At the request of a patient.

      2.  Upon the occurrence of any of the events specified in subsection 1, the physician , physician assistant or advanced practice registered nurse shall explain to the patient:

      (a) The existence and availability of the [Physician] Provider Order for Life-Sustaining Treatment form;

      (b) The features of and procedures offered by way of the POLST form; and

      (c) The differences between a POLST form and the other types of advance directives.

      3.  [Upon the request of the patient, the] The physician , physician assistant or advanced practice registered nurse shall complete the POLST form based on the preferences and medical indications of the patient [.] , upon the request of:

      (a) If the patient is 18 years of age or older and the physician, physician assistant or advanced practice registered nurse determines that the patient has the capacity to make decisions regarding his or her wishes for the provision of life-resuscitating treatment and life-sustaining treatment, the patient.

      (b) If the patient is 18 years of age or older and the physician, physician assistant or advanced practice registered nurse determines that the patient lacks the capacity to make decisions regarding his or her wishes for the provision of life-resuscitating treatment and life-sustaining treatment:

             (1) The representative of the patient; or

             (2) If no person is a representative of the patient and a valid POLST form has not been executed by the patient or the representative of the patient, a surrogate of the patient who has the capacity to make decisions regarding the provision of life-resuscitating treatment and life-sustaining treatment for the patient.

      (c) If the patient is less than 18 years of age, the patient and a parent or legal guardian of the patient.

      4.  A POLST form is valid upon execution by a physician , physician assistant or advanced practice registered nurse and:

      (a) If the patient is 18 years of age or older and [of sound mind,] the physician, physician assistant or advanced practice registered nurse determines that the patient has the capacity to make decisions regarding his or her wishes for the provision of life-resuscitating treatment and life-sustaining treatment, the patient . [;]

      (b) If the patient is 18 years of age or older and [incompetent,] the physician, physician assistant or advanced practice registered nurse determines that the patient lacks the capacity to make decisions regarding his or her wishes for the provision of life-resuscitating treatment and life-sustaining treatment:

             (1) The representative of the patient; or

             (2) If no person is a representative of the patient and a valid POLST form has not been executed by the patient or the representative of the patient, a surrogate of the patient who has the capacity to make decisions regarding the provision of life-resuscitating treatment and life-sustaining treatment for the patient.

      (c) If the patient is less than 18 years of age, [the patient and] a parent or legal guardian of the patient.

 


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      5.  If, pursuant to subsection 3, a valid POLST form has been executed by a representative or surrogate of the patient and a provider of health care or the representative or surrogate of the patient believes that the patient has regained the capacity to make decisions regarding his or her wishes for the provision of life-resuscitating treatment and life-sustaining treatment, a physician, physician assistant or advanced practice registered nurse must examine the patient and inform the patient of the execution of the POLST form. If the physician, physician assistant or advanced practice registered nurse determines that the patient regained the capacity to make decisions regarding his or her wishes for the provision of life-resuscitating treatment and life-sustaining treatment, the patient may approve the execution of the POLST form or, pursuant to NRS 449.6944, revoke the POLST form executed for the patient by his or her representative or surrogate. If the patient approves the execution of the POLST form executed by his or her representative or surrogate, such approval must be made a part of the medical record of the patient and the POLST form is deemed to be valid. The physician, physician assistant or advanced practice registered nurse who examined the patient must notify the representative or surrogate of the patient who executed the POLST form of the decision of the patient to approve or revoke the POLST form.

      6.  For the purpose of determining whether a surrogate of the patient is authorized to request and execute a POLST form pursuant to subsections 3 and 4, respectively:

      (a) If a class entitled to decide whether to request and execute a POLST form is not reasonably available for consultation and capable of deciding or declines to decide, the next class is authorized to decide, but an equal division in a class does not authorize the next class to decide.

      (b) A decision to request and execute a POLST form must be made in good faith and is not valid if it conflicts with the expressed intention of the patient.

      (c) A decision of the physician, physician assistant or advanced practice registered nurse acting in good faith that a decision to request and execute a POLST form is valid or invalid is conclusive.

      7.  As used in this section [, “terminal] :

      (a) “Surrogate of the patient” means the following persons, in order of priority:

             (1) The spouse of the patient;

             (2) An adult child of the patient or, if there is more than one adult child, a majority of the adult children who are reasonably available for consultation;

             (3) The parents of the patient;

             (4) An adult sibling of the patient or, if there is more than one adult sibling, a majority of the adult siblings who are reasonably available for consultation;

             (5) The nearest other adult relative of the patient by blood or adoption who is reasonably available for consultation; or

             (6) An adult who has exhibited special care or concern for the patient, is familiar with the values of the patient and willing and able to make health care decisions for the patient.

      (b) “Terminal condition” has the meaning ascribed to it in NRS 449.590.

 


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      Sec. 10. NRS 449.6944 is hereby amended to read as follows:

      449.6944  1.  A [Physician] Provider Order for Life-Sustaining Treatment form may be revoked at any time and in any manner by:

      (a) The patient who executed it [,] or for whom a representative or surrogate executed it pursuant to NRS 449.6942, if [competent,] the patient is 18 years of age or older and the physician, physician assistant or advanced practice registered nurse determines that the patient has the capacity to make decisions regarding his or her wishes for the provision of life-resuscitating treatment and life-sustaining treatment; [without regard to his or her age or physical condition;]

      (b) [If] Without regard to the patient’s age or physical condition, if the physician, physician assistant or advanced practice registered nurse determines that the patient [is incompetent,] lacks the capacity to make decisions regarding his or her wishes for the provision of life-resuscitating treatment and life-sustaining treatment, the representative of the patient; or

      (c) If the patient is less than 18 years of age, a parent or legal guardian of the patient.

      2.  The revocation of a POLST form is effective upon the communication to a provider of health care, by the patient or a [witness to the revocation,] person authorized to revoke a POLST form pursuant to subsection 1, of the desire to revoke the form. The provider of health care to whom the revocation is communicated shall:

      (a) Make the revocation a part of the medical record of the patient; or

      (b) Cause the revocation to be made a part of the medical record of the patient.

      Sec. 11. NRS 449.6946 is hereby amended to read as follows:

      449.6946  1.  If a valid [Physician] Provider Order for Life-Sustaining Treatment form sets forth a declaration, direction or order which conflicts with a declaration, direction or order set forth in one or more of the other types of advance directives:

      (a) The declaration, direction or order set forth in the document executed most recently is valid; and

      (b) Any other declarations, directions or orders that do not conflict with a declaration, direction or order set forth in another document referenced in this subsection remain valid.

      2.  If a valid POLST form sets forth a declaration, direction or order to provide life-resuscitating treatment to a patient who also possesses a do-not-resuscitate identification, a provider of health care shall [not] provide life-resuscitating treatment if the [do-not-resuscitate identification is on the person of the patient when the need for life-resuscitating treatment arises.] declaration, direction or order to provide life-resuscitating treatment set forth in the valid POLST form was executed more recently than the issuance of the do-not-resuscitate identification.

      Sec. 12. NRS 449.6948 is hereby amended to read as follows:

      449.6948  1.  A provider of health care is not guilty of unprofessional conduct or subject to civil or criminal liability if:

      (a) The provider of health care withholds emergency care or life-sustaining treatment:

             (1) In compliance with a [Physician] Provider Order for Life-Sustaining Treatment form and the provisions of NRS 449.691 to 449.697, inclusive [;] , and sections 2 to 5, inclusive, of this act; or

 


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             (2) In violation of a [Physician] Provider Order for Life-Sustaining Treatment form if the provider of health care is acting in accordance with a declaration, direction or order set forth in one or more of the other types of advance directives and:

                   (I) Complies with the provisions of NRS 449.695; or

                   (II) Reasonably and in good faith, at the time the emergency care or life-sustaining treatment is withheld, is unaware of the existence of the POLST form or believes that the POLST form has been revoked pursuant to NRS 449.6944; or

      (b) The provider of health care provides emergency care or life-sustaining treatment:

             (1) Pursuant to an oral or written request made by the patient, the representative of the patient, or a parent or legal guardian of the patient, who may revoke the POLST form pursuant to NRS 449.6944;

             (2) Pursuant to an observation that the patient, the representative of the patient or a parent or legal guardian of the patient has revoked, or otherwise indicated that he or she wishes to revoke, the POLST form pursuant to NRS 449.6944; or

             (3) In violation of a POLST form, if the provider of health care reasonably and in good faith, at the time the emergency care or life-sustaining treatment is provided, is unaware of the existence of the POLST form or believes that the POLST form has been revoked pursuant to NRS 449.6944.

      2.  A health care facility, ambulance service, fire-fighting agency or other entity that employs a provider of health care is not guilty of unprofessional conduct or subject to civil or criminal liability for the acts or omissions of the employee carried out in accordance with the provisions of subsection 1.

      Sec. 13. NRS 449.695 is hereby amended to read as follows:

      449.695  1.  Except as otherwise provided in this section and NRS 449.6946, a provider of health care shall comply with a valid [Physician] Provider Order for Life-Sustaining Treatment form, regardless of whether the provider of health care is employed by a health care facility or other entity affiliated with the physician , physician assistant or advanced practice registered nurse who executed the POLST form.

      2.  A physician , physician assistant or advanced practice registered nurse may medically evaluate the patient and, based upon the evaluation, may recommend new orders consistent with the most current information available about the patient’s health status and goals of care. Before making a modification to a valid POLST form, the physician , physician assistant or advanced practice registered nurse shall consult the patient or, if the patient [is incompetent,] lacks decisional capacity, shall make a reasonable attempt

to consult the representative of the patient and the patient’s attending physician [.] , attending physician assistant or attending advanced practice registered nurse.

      3.  Except as otherwise provided in subsection 4, a provider of health care who is unwilling or unable to comply with a valid POLST form shall take all reasonable measures to transfer the patient to a physician , physician assistant, advanced practice registered nurse or health care facility so that the POLST form will be followed.

      4.  Life-sustaining treatment must not be withheld or withdrawn pursuant to a POLST form of a patient known to the attending physician , attending physician assistant or attending advanced practice registered nurse to be pregnant, so long as it is probable that the fetus will develop to the point of live birth with the continued application of life-sustaining treatment.

 


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attending physician assistant or attending advanced practice registered nurse to be pregnant, so long as it is probable that the fetus will develop to the point of live birth with the continued application of life-sustaining treatment.

      5.  Nothing in this section requires a provider of health care to comply with a valid POLST form if the provider of health care does not have actual knowledge of the existence of the form.

      Sec. 14. NRS 449.6952 is hereby amended to read as follows:

      449.6952  1.  Unless he or she has knowledge to the contrary, a provider of health care may assume that a [Physician] Provider Order for Life-Sustaining Treatment form complies with the provisions of NRS 449.691 to 449.697, inclusive, and sections 2 to 5, inclusive, of this act and is valid.

      2.  The provisions of NRS 449.691 to 449.697, inclusive, and sections 2 to 5, inclusive, of this act do not create a presumption concerning the intention of a:

      (a) Patient if the patient, the representative of the patient or a parent or legal guardian of the patient has revoked the POLST form pursuant to NRS 449.6944; or

      (b) Person who has not executed a POLST form,

Ê concerning the use or withholding of emergency care or life-sustaining treatment.

      Sec. 15. NRS 449.6954 is hereby amended to read as follows:

      449.6954  1.  Death that results when emergency care or life-sustaining treatment has been withheld pursuant to a [Physician] Provider Order for Life-Sustaining Treatment form and in accordance with the provisions of NRS 449.691 to 449.697, inclusive, and sections 2 to 5, inclusive, of this act does not constitute a suicide or homicide.

      2.  The execution of a POLST form does not affect the sale, procurement or issuance of a policy of life insurance or an annuity, nor does it affect, impair or modify the terms of an existing policy of life insurance or an annuity. A policy of life insurance or an annuity is not legally impaired or invalidated if emergency care or life-sustaining treatment has been withheld from an insured who has executed a POLST form, notwithstanding any term in the policy or annuity to the contrary.

      3.  A person may not prohibit or require the execution of a POLST form as a condition of being insured for, or receiving, health care.

      Sec. 16. NRS 449.6956 is hereby amended to read as follows:

      449.6956  1.  It is unlawful for:

      (a) A provider of health care to willfully fail to transfer the care of a patient in accordance with subsection 3 of NRS 449.695.

      (b) A person to willfully conceal, cancel, deface or obliterate a [Physician] Provider Order for Life-Sustaining Treatment form without the consent of the patient who executed the form.

      (c) A person to falsify or forge the POLST form of another person, or willfully conceal or withhold personal knowledge of the revocation of the POLST form of another person, with the intent to cause the withholding or withdrawal of emergency care or life-sustaining treatment contrary to the wishes of the patient.

      (d) A person to require or prohibit the execution of a POLST form as a condition of being insured for, or receiving, health care in violation of subsection 3 of NRS 449.6954.

 


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      (e) A person to coerce or fraudulently induce another to execute a POLST form.

      2.  A person who violates any of the provisions of this section is guilty of a misdemeanor.

      Sec. 17. NRS 449.696 is hereby amended to read as follows:

      449.696  1.  A [Physician] Provider Order for Life-Sustaining Treatment form executed in another state in compliance with the laws of that state or this State is valid for the purposes of NRS 449.691 to 449.697, inclusive [.] , and sections 2 to 5, inclusive, of this act.

      2.  As used in this section, “state” includes the District of Columbia, the Commonwealth of Puerto Rico and a territory or insular possession subject to the jurisdiction of the United States.

      Sec. 18. NRS 449.905 is hereby amended to read as follows:

      449.905  “Advance directive” means an advance directive for health care. The term includes:

      1.  A declaration governing the withholding or withdrawal of life-sustaining treatment as set forth in NRS 449.535 to 449.690, inclusive;

      2.  A durable power of attorney for health care as set forth in NRS 162A.700 to 162A.865, inclusive;

      3.  A do-not-resuscitate order as defined in NRS 450B.420; and

      4.  A [Physician] Provider Order for Life-Sustaining Treatment form as defined in NRS 449.693.

      Secs. 19 and 20. (Deleted by amendment.)

      Sec. 21. NRS 449.945 is hereby amended to read as follows:

      449.945  1.  The provisions of NRS 449.900 to 449.965, inclusive, do not require a provider of health care to inquire whether a patient has an advance directive registered on the Registry or to access the Registry to determine the terms of the advance directive.

      2.  A provider of health care who relies in good faith on the provisions of an advance directive retrieved from the Registry is immune from criminal and civil liability as set forth in:

      (a) NRS 449.630, if the advance directive is a declaration governing the withholding or withdrawal of life-sustaining treatment executed pursuant to NRS 449.535 to 449.690, inclusive, or a durable power of attorney for health care executed pursuant to NRS 162A.700 to 162A.865, inclusive;

      (b) NRS 449.691 to 449.697, inclusive, and sections 2 to 5, inclusive, of this act, if the advance directive is a [Physician] Provider Order for Life-Sustaining Treatment form; or

      (c) NRS 450B.540, if the advance directive is a do-not-resuscitate order as defined in NRS 450B.420.

      Sec. 22. NRS 450B.470 is hereby amended to read as follows:

      450B.470  “Qualified patient” means:

      1.  A patient 18 years of age or older who has been determined by the patient’s attending physician to be in a terminal condition and who:

      (a) Has executed a declaration in accordance with the requirements of NRS 449.600;

      (b) Has executed a [Physician] Provider Order for Life-Sustaining Treatment form pursuant to NRS 449.691 to 449.697, inclusive, and sections 2 to 5, inclusive, of this act, if the form provides that the patient is not to receive life-resuscitating treatment; or

      (c) Has been issued a do-not-resuscitate order pursuant to NRS 450B.510.

      2.  A patient who is less than 18 years of age and who:

 


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      (a) Has been determined by the patient’s attending physician to be in a terminal condition; and

      (b) Has executed a Physician Order for Life-Sustaining Treatment form pursuant to NRS 449.691 to 449.697, inclusive, if the form provides that the patient is not to receive life-resuscitating treatment or has been issued a do-not-resuscitate order pursuant to NRS 450B.510.

      Sec. 23. NRS 450B.520 is hereby amended to read as follows:

      450B.520  Except as otherwise provided in NRS 450B.525:

      1.  A qualified patient may apply to the health authority for a do-not-resuscitate identification by submitting an application on a form provided by the health authority. To obtain a do-not-resuscitate identification, the patient must comply with the requirements prescribed by the board and sign a form which states that the patient has informed each member of his or her family within the first degree of consanguinity or affinity, whose whereabouts are known to the patient, or if no such members are living, the patient’s legal guardian, if any, or if he or she has no such members living and has no legal guardian, his or her caretaker, if any, of the patient’s decision to apply for an identification.

      2.  An application must include, without limitation:

      (a) Certification by the patient’s attending physician that the patient suffers from a terminal condition;

      (b) Certification by the patient’s attending physician that the patient is capable of making an informed decision or, when the patient was capable of making an informed decision, that the patient:

             (1) Executed:

                   (I) A written directive that life-resuscitating treatment be withheld under certain circumstances;

                   (II) A durable power of attorney for health care pursuant to NRS 162A.700 to 162A.865, inclusive; or

                   (III) A [Physician] Provider Order for Life-Sustaining Treatment form pursuant to NRS 449.691 to 449.697, inclusive, and sections 2 to 5, inclusive, of this act, if the form provides that the patient is not to receive life-resuscitating treatment; or

             (2) Was issued a do-not-resuscitate order pursuant to NRS 450B.510;

      (c) A statement that the patient does not wish that life-resuscitating treatment be undertaken in the event of a cardiac or respiratory arrest;

      (d) The name, signature and telephone number of the patient’s attending physician; and

      (e) The name and signature of the patient or the agent who is authorized to make health care decisions on the patient’s behalf pursuant to a durable power of attorney for health care decisions.

      Sec. 24.  NRS 450B.525 is hereby amended to read as follows:

      450B.525  1.  A parent or legal guardian of a minor may apply to the health authority for a do-not-resuscitate identification on behalf of the minor if the minor has been:

      (a) Determined by his or her attending physician to be in a terminal condition; and

      (b) Issued a do-not-resuscitate order pursuant to NRS 450B.510.

      2.  To obtain such a do-not-resuscitate identification, the parent or legal guardian must:

      (a) Submit an application on a form provided by the health authority; and

      (b) Comply with the requirements prescribed by the board.

 


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      3.  An application submitted pursuant to subsection 2 must include, without limitation:

      (a) Certification by the minor’s attending physician that the minor:

             (1) Suffers from a terminal condition; and

             (2) Has executed a [Physician] Provider Order for Life-Sustaining Treatment form pursuant to NRS 449.691 to 449.697, inclusive, and sections 2 to 5, inclusive, of this act, if the form provides that the minor is not to receive life-resuscitating treatment or has been issued a do-not-resuscitate order pursuant to NRS 450B.510;

      (b) A statement that the parent or legal guardian of the minor does not wish that life-resuscitating treatment be undertaken in the event of a cardiac or respiratory arrest;

      (c) The name of the minor;

      (d) The name, signature and telephone number of the minor’s attending physician; and

      (e) The name, signature and telephone number of the minor’s parent or legal guardian.

      4.  The parent or legal guardian of the minor may revoke the authorization to withhold life-resuscitating treatment by removing or destroying or requesting the removal or destruction of the identification or otherwise indicating to a person that he or she wishes to have the identification removed or destroyed.

      5.  If, in the opinion of the attending physician, the minor is of sufficient maturity to understand the nature and effect of withholding life-resuscitating treatment:

      (a) The do-not-resuscitate identification obtained pursuant to this section is not effective without the assent of the minor.

      (b) The minor may revoke the authorization to withhold life-resuscitating treatment by removing or destroying or requesting the removal or destruction of the identification or otherwise indicating to a person that the minor wishes to have the identification removed or destroyed.

      Sec. 25. NRS 451.595 is hereby amended to read as follows:

      451.595  1.  As used in this section:

      (a) “Advance health-care directive” means a power of attorney for health care or other record signed by a prospective donor, or executed in the manner set forth in NRS 162A.790, containing the prospective donor’s direction concerning a health-care decision for the prospective donor.

      (b) “Declaration” means a record signed by a prospective donor, or executed as set forth in NRS 449.600, specifying the circumstances under which life-sustaining treatment may be withheld or withdrawn from the prospective donor. The term includes a [Physician] Provider Order for Life-Sustaining Treatment form executed pursuant to NRS 449.691 to 449.697, inclusive [.] , and sections 2 to 5, inclusive, of this act.

      (c) “Health-care decision” means any decision made regarding the health care of the prospective donor.

      2.  If a prospective donor has a declaration or advance health-care directive and the terms of the declaration or advance health-care directive and the express or implied terms of the potential anatomical gift are in conflict concerning the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy:

 


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      (a) The attending physician of the prospective donor shall confer with the prospective donor to resolve the conflict or, if the prospective donor is incapable of resolving the conflict, with:

             (1) An agent acting under the declaration or advance health-care directive of the prospective donor; or

             (2) If an agent is not named in the declaration or advance health-care directive or the agent is not reasonably available, any other person authorized by law, other than by a provision of NRS 451.500 to 451.598, inclusive, to make a health-care decision for the prospective donor.

      (b) The conflict must be resolved as expeditiously as practicable.

      (c) Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift of the prospective donor’s body or part under NRS 451.556.

      (d) Before the resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor, if withholding or withdrawing the measures is not medically contraindicated for the appropriate treatment of the prospective donor at the end of his or her life.

      Sec. 26. NRS 449.6922 is hereby repealed.

      Sec. 27.  This act becomes effective on July 1, 2017.

________

CHAPTER 105, AB 190

Assembly Bill No. 190–Assemblywoman Diaz

 

CHAPTER 105

 

[Approved: May 24, 2017]

 

AN ACT relating to occupational safety; requiring certain employees on certain sites related to the entertainment industry to receive certain health and safety training; providing civil penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 11 of this bill requires: (1) supervisory employees working on certain sites related to the entertainment industry to complete a specified 30-hour health and safety course not later than 15 days after being hired; and (2) certain other workers working on such a site to complete a specified 10-hour course not later than 15 days after being hired. Section 7 of this bill defines “worker” to include only those persons whose primary occupation is to perform work on such a site, and section 7.5 of this bill provides that the requirements in this bill do not apply to a person who is a volunteer or other person who is not paid to work on such a site.

      Section 9 of this bill requires the Division of Industrial Relations of the Department of Business and Industry to adopt regulations approving courses which may be used to fulfill the requirements of section 11. Section 10 of this bill requires providers of approved courses to display the card evidencing their authorization by the Occupational Safety and Health Administration of the United States Department of Labor to provide such a course at the location at which the course is being provided.

      Section 12 of this bill requires employers to suspend or terminate the employment of an employee on an applicable site who fails to provide proof of obtaining the required training not later than 15 days after being hired. Section 13 of this bill provides for administrative fines for employers who fail to suspend or terminate certain employees on a site after the 15-day period if those employees have not obtained the required training.

 


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this bill provides for administrative fines for employers who fail to suspend or terminate certain employees on a site after the 15-day period if those employees have not obtained the required training.

      Section 16 of this bill: (1) allows employees to satisfy the requirements of section 11 by completing an alternative course offered by their employer; (2) requires an employee that satisfies the requirements of section 11 by completing an alternative course to take an approved course before January 1, 2019; and (3) requires an employer to maintain and make available to the Division of Industrial Relations a record of all employees that have completed an alternative course until a date to be established by the Division by regulation.

 

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 618 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.

      Sec. 2. As used in sections 2 to 13, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3. “OSHA-10 course” means a 10-hour course in general industry safety and health hazard recognition and prevention developed by the Occupational Safety and Health Administration of the United States Department of Labor.

      Sec. 4. “OSHA-30 course” means a 30-hour course in general industry safety and health hazard recognition and prevention developed by the Occupational Safety and Health Administration of the United States Department of Labor.

      Sec. 5. “Site” means a theater where live entertainment is performed, a sound stage, a showroom, a lounge, an arena or a remote site which has been designated as a location for the production of a motion picture or television program.

      Sec. 6. “Supervisory employee” means any person having authority in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees or responsibility to direct them, to adjust their grievances or effectively to recommend such action, if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment. The exercise of such authority shall not be deemed to place the employee in supervisory employee status unless the exercise of such authority occupies a significant portion of the employee’s workday.

      Sec. 7. “Worker” means a person whose primary occupation is to perform work on a site, including, without limitation, the construction, installation, maintenance, operation, repair or removal of:

      1.  Theatrical scenery, rigging or props;

      2.  Wardrobe, hair or makeup;

      3.  Audio, camera, projection, video or lighting equipment; or

      4.  Any other items or parts which are related to or components of the items described in subsection 1, 2 or 3 and which are used for or in conjunction with the presentation or production of:

 


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      (a) Live entertainment;

      (b) Filmmaking or photography, including, without limitation, motion pictures;

      (c) Television programs, including, without limitation, live broadcasts, closed-circuit broadcasts or videotape recordings and playback;

      (d) Sporting events; or

      (e) Theatrical performances.

      Sec. 7.5. The provisions of sections 2 to 13, inclusive, of this act do not apply to a volunteer or any other person who is not paid to perform work on a site.

      Sec. 8. The Division may adopt such regulations as are necessary to carry out the provisions of sections 2 to 13, inclusive, of this act.

      Sec. 9. 1.  The Division shall, by regulation, approve OSHA-10 courses and OSHA-30 courses for the purposes of fulfilling the requirements of section 11 of this act.

      2.  The Division shall establish a registry to track the providers of courses approved pursuant to subsection 1.

      3.  The Division shall adopt regulations that set forth guidelines for job-specific training to qualify as continuing education for the purposes of section 11 of this act.

      Sec. 10. 1.  Each trainer shall display his or her trainer card in a conspicuous manner at each location where the trainer provides an OSHA-10 course or OSHA-30 course.

      2.  No person other than a trainer may provide an OSHA-10 course or OSHA-30 course.

      3.  As used in this section:

      (a) “Trainer” means a person who is currently authorized by the Occupational Safety and Health Administration of the United States Department of Labor as a trainer, including, without limitation, a person who has completed OSHA 501, the Trainer Course in OSHA Standards for General Industry.

      (b) “Trainer card” means the card issued upon completion of OSHA 501, the Trainer Course in OSHA Standards for General Industry, which reflects the authorization of the holder by the Occupational Safety and Health Administration of the United States Department of Labor to provide OSHA-10 courses and OSHA-30 courses.

      Sec. 11. 1.  Not later than 15 days after the date a worker other than a supervisory employee is hired, the worker must:

      (a) Obtain a completion card for an OSHA-10 course which is issued upon completion of a course approved by the Division pursuant to section 9 of this act; or

      (b) Complete an OSHA-10 alternative course which is offered by his or her employer.

      2.  Not later than 15 days after the date a supervisory employee is hired, the supervisory employee must:

      (a) Obtain a completion card for an OSHA-30 course which is issued upon completion of a course approved by the Division pursuant to section 9 of this act; or

      (b) Complete an OSHA-30 alternative course which is offered by his or her employer.

      3.  Any completion card used to satisfy the requirements of this section expires 5 years after the date it is issued and may be renewed by:

 


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      (a) Completing an OSHA-10 course or OSHA-30 course, as applicable, within the previous 5 years; or

      (b) Providing proof satisfactory to the Division that the worker has completed continuing education within the previous 5 years consisting of job-specific training that meets the guidelines established by the Division pursuant to section 9 of this act in an amount of:

             (1) For a completion card issued for an OSHA-10 course, not less than 5 hours; or

             (2) For a completion card issued for an OSHA-30 course, not less than 15 hours.

      4.  As used in this section:

      (a) “OSHA-10 alternative course” means a 10-hour course offered to the employees of an employer that meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of Labor for an OSHA-10 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.

      (b) “OSHA-30 alternative course” means a 30-hour course offered to the employees of an employer that meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of Labor for an OSHA-30 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.

      Sec. 12. 1.  If a worker other than a supervisory employee fails to:

      (a) Present his or her employer with a current and valid completion card for an OSHA-10 course; or

      (b) Complete an OSHA-10 alternative course offered by his or her employer,

Ê not later than 15 days after being hired, the employer shall suspend or terminate his or her employment.

      2.  If a supervisory employee on a site fails to:

      (a) Present his or her employer with a current and valid completion card for an OSHA-30 course; or

      (b) Complete an OSHA-30 alternative course offered by his or her employer,

Ê not later than 15 days after being hired, the employer shall suspend or terminate his or her employment.

      3.  As used in this section:

      (a) “OSHA-10 alternative course” means a 10-hour course offered to the employees of an employer that meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of Labor for an OSHA-10 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.

      (b) “OSHA-30 alternative course” means a 30-hour course offered to the employees of an employer that meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of Labor for an OSHA-30 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.

 


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      Sec. 13. 1.  If the Division finds that an employer has failed to suspend or terminate an employee as required by section 12 of this act, the Division shall:

      (a) Upon the first violation, in lieu of any other penalty under this chapter, impose upon the employer an administrative fine of not more than $500.

      (b) Upon the second violation, in lieu of any other penalty under this chapter, impose upon the employer an administrative fine of not more than $1,000.

      (c) Upon the third and each subsequent violation, impose upon the employer the penalty provided in NRS 618.635 as if the employer had committed a willful violation.

      2.  For the purposes of this section, any number of violations discovered in a single day constitutes a single violation.

      3.  Before a fine or any other penalty is imposed upon an employer pursuant to this section, the Division must follow the procedures set forth in this chapter for the issuance of a citation, including, without limitation, the procedures set forth in NRS 618.475 for notice to the employer and an opportunity for the employer to contest the violation.

      Sec. 14. Section 11 of this act is hereby amended to read as follows:

       Sec. 11.  1.  Not later than 15 days after the date a worker other than a supervisory employee is hired, the worker must [:

       (a) Obtain] obtain a completion card for an OSHA-10 course which is issued upon completion of a course approved by the Division pursuant to section 9 of this act . [; or

       (b) Complete an OSHA-10 alternative course which is offered by his or her employer.]

       2.  Not later than 15 days after the date a supervisory employee is hired, the supervisory employee must [:

       (a) Obtain] obtain a completion card for an OSHA-30 course which is issued upon completion of a course approved by the Division pursuant to section 9 of this act . [; or

       (b) Complete an OSHA-30 alternative course which is offered by his or her employer.]

       3.  Any completion card used to satisfy the requirements of this section expires 5 years after the date it is issued and may be renewed by:

       (a) Completing an OSHA-10 course or OSHA-30 course, as applicable, within the previous 5 years; or

       (b) Providing proof satisfactory to the Division that the worker has completed continuing education within the previous 5 years consisting of job-specific training that meets the guidelines established by the Division pursuant to section 9 of this act in an amount of:

             (1) For a completion card issued for an OSHA-10 course, not less than 5 hours; or

             (2) For a completion card issued for an OSHA-30 course, not less than 15 hours.

       [4.  As used in this section:

       (a) “OSHA-10 alternative course” means a 10-hour course offered to the employees of an employer that meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of Labor for an OSHA-10 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.

 


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Administration of the United States Department of Labor for an OSHA-10 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.

       (b) “OSHA-30 alternative course” means a 30-hour course offered to the employees of an employer that meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of Labor for an OSHA-30 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.]

      Sec. 15. Section 12 of this act is hereby amended to read as follows:

       Sec. 12.  1.  If a worker other than a supervisory employee fails to [:

       (a) Present] present his or her employer with a current and valid completion card for an OSHA-10 course [; or

       (b) Complete an OSHA-10 alternative course offered by his or her employer,

Ê] not later than 15 days after being hired, the employer shall suspend or terminate his or her employment.

       2.  If a supervisory employee on a site fails to [:

       (a) Present] present his or her employer with a current and valid completion card for an OSHA-30 course [; or

       (b) Complete an OSHA-30 alternative course offered by his or her employer,

Ê] not later than 15 days after being hired, the employer shall suspend or terminate his or her employment.

       [3.  As used in this section:

       (a) “OSHA-10 alternative course” means a 10-hour course offered to the employees of an employer that meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of Labor for an OSHA-10 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.

       (b) “OSHA-30 alternative course” means a 30-hour course offered to the employees of an employer that meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of Labor for an OSHA-30 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.]

      Sec. 16.  1.  Not later than January 1, 2019, a worker or supervisory employee who satisfies the requirements of subsection 1 or 2 of section 11 of this act by completing an OSHA-10 alternative course or OSHA-30 alternative course, as defined in section 11 of this act, must complete an OSHA-10 course or OSHA-30 course, as defined in sections 3 and 4 of this act, as applicable, in order to continue to satisfy the requirements of subsection 1 or 2 of section 11 of this act.

      2.  An employer shall maintain a record of all workers and supervisory employees who have completed an OSHA-10 alternative course or OSHA-30 alternative course offered by the employer and the date upon which the worker or employee completed the course.

 


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worker or employee completed the course. The employer shall make the record available at all times for inspection by the Division of Industrial Relations of the Department of Business and Industry and its authorized agents.

      3.  The Division of Industrial Relations shall, by regulation, establish the length of time that an employer must maintain the record described in subsection 2.

      4.  As used in this section, “worker” has the meaning ascribed to it in section 7 of this act.

      Sec. 17.  1.  This section and sections 1 to 13, inclusive, and 16 of this act become effective on January 1, 2018.

      2.  Sections 14 and 15 of this act become effective on January 1, 2019.

________

CHAPTER 106, SB 177

Senate Bill No. 177–Senators Parks; and Manendo (by request)

 

Joint Sponsors: Assemblymen Carrillo and Neal

 

CHAPTER 106

 

[Approved: May 24, 2017]

 

AN ACT relating to mental health; revising the definition of “mental illness” to include hoarding disorder for the purpose of assigning defendants to a program for treatment of mental illness established by a district court; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a district court to establish a program for the treatment of offenders with mental illness. (NRS 176A.250-176A.265) For the purpose of allowing a program established by a district court to treat defendants who are mentally ill, the definition of “mental illness” includes certain clinically significant disorders listed in the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders (DSM-IV). (NRS 176A.045) The American Psychiatric Association recently revised and released the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders, DSM-5, which added new disorders and includes hoarding in those disorders. This bill amends the existing definition of “mental illness” to include hoarding disorder for the purpose of assigning offenders to a program for treatment.

 

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 176A.045 is hereby amended to read as follows:

      176A.045  “Mental illness” has the meaning ascribed to it in NRS 433.164. The term includes hoarding disorder, as listed in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.

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ê2017 Statutes of Nevada, Page 472ê

 

CHAPTER 107, SB 110

Senate Bill No. 110–Senators Parks, Woodhouse, Ford, Atkinson, Ratti; Denis, Manendo, Segerblom and Spearman

 

Joint Sponsors: Assemblymen Carlton, Araujo, Frierson, Carrillo; Spiegel, Sprinkle and Swank

 

CHAPTER 107

 

[Approved: May 24, 2017]

 

AN ACT relating to civil actions; exempting from the publication requirement a court-ordered change of name if the reason for the change is to conform the person’s name to his or her gender identity; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a natural person who files a petition for a court-ordered change of name to publish certain information concerning the petition in a newspaper of general circulation once a week for 3 weeks. Existing law waives this requirement if the person demonstrates that such publication would place his or her personal safety at risk. (NRS 41.280) This bill additionally waives the publication requirement if the reason for the change of name is to conform the person’s name to his or her gender identity.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 41.280 is hereby amended to read as follows:

      41.280  1.  Except as otherwise provided in [subsection 2,] subsections 2 and 3, upon the filing of the petition, the applicant shall make out and procure a notice that must:

      (a) State the fact of the filing of the petition, its object, the applicant’s present name and the name which the applicant desires to bear in the future; and

      (b) Be published in some newspaper of general circulation in the county once a week for 3 successive weeks.

      2.  If the applicant submits proof satisfactory to the court that publication of the change of name would place the applicant’s personal safety at risk, the court shall not require the applicant to comply with the provisions of subsection 1 and shall order the records concerning the petition and any proceedings concerning the petition to be sealed and to be opened for inspection only upon an order of the court for good cause shown or upon the request of the applicant.

      3.  If the petition filed by the applicant states that the reason for desiring the change is to conform the applicant’s name to his or her gender identity, the court shall not require the applicant to comply with the provisions of subsection 1.

      Sec. 2. NRS 41.290 is hereby amended to read as follows:

      41.290  1.  If, within 10 days after the last publication of the notice [,] or if, pursuant to subsection 2 or 3 of NRS 41.280, such publication is not required, within 10 days after filing of the petition, no written objection is filed with the clerk, upon proof of the filing of the petition and publication of notice [as] , if 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.

 


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ê2017 Statutes of Nevada, Page 473 (Chapter 107, SB 110)ê

 

filed with the clerk, upon proof of the filing of the petition and publication of notice [as] , if 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.

      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.

      (b) The Central Repository for Nevada Records of Criminal History for inclusion in the applicant’s record of criminal history.

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

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ê2017 Statutes of Nevada, Page 474ê

 

CHAPTER 108, AB 57

Assembly Bill No. 57–Committee on Government Affairs

 

CHAPTER 108

 

[Approved: May 24, 2017]

 

AN ACT relating to coroners; requiring coroners to make a reasonable effort to notify the next of kin who is authorized to order the burial or cremation of a decedent of the decedent’s death; authorizing a coroner to notify certain other persons of the death of the decedent; authorizing a coroner to provide a coroner’s report to such persons; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a coroner to notify the next of kin of a decedent of the decedent’s death. (NRS 259.045) Existing law also establishes the order of priority of persons authorized to order the burial or cremation of the human remains of a deceased person. (NRS 451.024) Section 3 of this bill requires a coroner to make a reasonable effort to notify the next of kin who is authorized to order the burial or cremation of the human remains of a decedent of the death of the decedent. Section 3 also authorizes a coroner to notify the parents, guardians, adult children or custodians of the decedent of the decedent’s death and provide a copy of the report of the coroner to the parents, guardians, adult children or custodians, as applicable. Sections 1 and 2 of this bill make conforming changes. This bill is known as “Veronica’s Law” after Veronica Caldwell.

 

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 244.163 is hereby amended to read as follows:

      244.163  1.  The boards of county commissioners in their respective counties may create by ordinance the office of the county coroner, prescribe the qualifications and duties of the county coroner and make appointments to the office.

      2.  Any coroner so appointed is governed by the ordinances pertaining to such office which may be enacted by the board of county commissioners, and the provisions of NRS 259.025 , 259.045 and 259.150 to 259.180, inclusive.

      3.  The boards of county commissioners shall require that the county coroner make a reasonable effort to notify a decedent’s next of kin who is authorized to order the burial or cremation of the human remains of the decedent pursuant to NRS 451.024 of the fact of the decedent’s death without unreasonable delay.

      4.  For any offense relating to the violation or willful disregard of such duties or trusts of office as may be specified by the respective boards of county commissioners, all coroners holding office by appointment pursuant to this section are subject to such fines and criminal penalties, including misdemeanor penalties and removal from office by indictment, accusation or otherwise, as the ordinance prescribes. This subsection applies to all deputies, agents, employees and other persons employed by or exercising the powers and functions of the coroner.

 


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ê2017 Statutes of Nevada, Page 475 (Chapter 108, AB 57)ê

 

      Sec. 2. NRS 259.010 is hereby amended to read as follows:

      259.010  1.  Every county in this State constitutes a coroner’s district, except a county where a coroner is appointed pursuant to the provisions of NRS 244.163.

      2.  The provisions of this chapter, except NRS 259.025 , 259.045 and 259.150 to 259.180, inclusive, do not apply to any county where a coroner is appointed pursuant to the provisions of NRS 244.163.

      Sec. 3. NRS 259.045 is hereby amended to read as follows:

      259.045  1.  The coroner shall make a reasonable effort to notify a decedent’s next of kin who is authorized to order the burial or cremation of the human remains of the decedent pursuant to NRS 451.024 of the fact of the decedent’s death without unreasonable delay.

      2.  The coroner may notify the parents, guardians, adult children or custodians of a decedent of the fact of the decedent’s death and provide a copy of the report of the coroner to the parents, guardians, adult children or custodians regardless of whether they are the next of kin authorized to order the burial or cremation of the human remains of the decedent pursuant to NRS 451.024.

      3.  As used in this section, “custodian” has the meaning ascribed to it in NRS 432B.060.

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

________

CHAPTER 109, AB 247

Assembly Bill No. 247–Assemblymen Yeager, Ohrenschall, Watkins, Carrillo, Monroe-Moreno; Araujo, Bilbray-Axelrod, Brooks, Daly, Frierson, Fumo, Jauregui, Joiner, McCurdy II, Miller, Neal, Sprinkle, Thompson and Tolles

 

CHAPTER 109

 

[Approved: May 24, 2017]

 

AN ACT relating to residential leasing; providing for the early termination of certain rental agreements by victims of harassment, sexual assault or stalking under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides, under certain circumstances, for the early termination of a rental agreement if a tenant, cotenant or household member is a victim of domestic violence. (NRS 118A.345) Section 1 of this bill similarly provides, under certain circumstances, for the early termination of a rental agreement if a tenant, cotenant or household member is a victim of the crime of harassment, sexual assault or stalking.

      Existing law prohibits a landlord from taking certain retaliatory actions against a tenant, cotenant or household member who is a victim of domestic violence or who terminates a rental agreement because he or she is a victim of domestic violence. (NRS 118A.510) Section 3 of this bill similarly prohibits a landlord from taking certain retaliatory actions against a tenant, cotenant or household member who is a victim of harassment, sexual assault or stalking or who terminates a rental agreement because he or she is a victim of harassment, sexual assault or stalking.

 


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ê2017 Statutes of Nevada, Page 476 (Chapter 109, AB 247)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 118A.345 is hereby amended to read as follows:

      118A.345  1.  Notwithstanding any provision in a rental agreement to the contrary, if a tenant, cotenant or household member is the victim of domestic violence, harassment, sexual assault or stalking, the tenant or any cotenant may terminate the rental agreement by giving the landlord written notice of termination effective at the end of the current rental period or 30 days after the notice is provided to the landlord, whichever occurs sooner.

      2.  [The] In the case of a termination of a rental agreement pursuant to this section on the grounds that a tenant, cotenant or household member is a victim of domestic violence, the written notice provided to a landlord pursuant to subsection 1 must describe the reason for the termination of the rental agreement and be accompanied by:

      (a) A copy of an order for protection against domestic violence issued to the tenant, cotenant or household member who is the victim of domestic violence;

      (b) A copy of a written report from a law enforcement agency indicating that the tenant, cotenant or household member notified the law enforcement agency of the domestic violence; or

      (c) A copy of a written affidavit in the form prescribed pursuant to NRS 118A.347 and signed by a qualified third party acting in his or her official capacity stating that the tenant, cotenant or household member is a victim of domestic violence and identifying the adverse party.

      3.  In the case of a termination of a rental agreement pursuant to this section on the grounds that a tenant, cotenant or household member is a victim of harassment, sexual assault or stalking, the written notice provided to a landlord pursuant to subsection 1 must describe the reason for the termination of the rental agreement and be accompanied by:

      (a) A copy of a written report from a law enforcement agency indicating that the tenant, cotenant or household member notified the law enforcement agency of the harassment, sexual assault or stalking, as applicable; or

      (b) A copy of a temporary or extended order issued pursuant to NRS 200.378 or 200.591, as applicable.

      4.  A tenant or cotenant may terminate a rental agreement pursuant to this section only if the actions, events or circumstances that resulted in the tenant, cotenant or household member becoming a victim of domestic violence , harassment, sexual assault or stalking occurred within the 90 days immediately preceding the written notice of termination to the landlord.

      [4.]5.  A tenant or cotenant who terminates a rental agreement pursuant to this section is only liable, if solely or jointly liable for purposes of the rental agreement, for any rent owed or required to be paid through the date of termination and any other outstanding obligations. If the tenant or cotenant has prepaid rent that would apply for the rental period in which the rental agreement is terminated, the landlord may retain the prepaid rent and no refund is due to the tenant or cotenant unless the amount of the prepaid rent exceeds what is owed for that rental period. Except as otherwise provided in NRS 118A.242, if the tenant or cotenant has paid a security deposit, the deposit must not be withheld for the early termination of the rental agreement if the rental agreement is terminated pursuant to this section.

 


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deposit must not be withheld for the early termination of the rental agreement if the rental agreement is terminated pursuant to this section.

      [5.]6.  A person who is named as the adverse party may be civilly liable for all economic losses incurred by a landlord for the early termination of a rental agreement pursuant to this section, including, without limitation, unpaid rent, fees relating to early termination, costs for the repair of any damages to the dwelling and any reductions in or waivers of rent previously extended to the tenant or cotenant who terminates the rental agreement pursuant to this section.

      [6.]7.  A landlord shall not provide to an adverse party any information concerning the whereabouts of a tenant, cotenant or household member if the tenant or cotenant provided notice pursuant to subsection 1.

      [7.]8.  If a tenant or cotenant provided notice pursuant to subsection 1, the tenant, the cotenant or a household member may require the landlord to install a new lock onto the dwelling if the tenant, cotenant or household member pays the cost of installing the new lock. A landlord complies with the requirements of this subsection by:

      (a) Rekeying the lock if the lock is in good working condition; or

      (b) Replacing the entire locking mechanism with a new locking mechanism of equal or superior quality.

      [8.]9.  A landlord who installs a new lock pursuant to subsection [7] 8 may retain a copy of the new key. Notwithstanding any provision in a rental agreement to the contrary, the landlord shall:

      (a) Refuse to provide a key which unlocks the new lock to an adverse party.

      (b) Refuse to provide to an adverse party, whether or not that party is a tenant, cotenant or household member, access to the dwelling to reclaim property unless a law enforcement officer is present.

      [9.]10.  This section shall not be construed to limit a landlord’s right to terminate a rental agreement for reasons unrelated to domestic violence [.

      10.], harassment, sexual assault or stalking.

      11.  Notwithstanding any other provision of law, the termination of a rental agreement pursuant to this section:

      (a) Must not be disclosed, described or characterized as an early termination by a current landlord to a prospective landlord; and

      (b) Is not required to be disclosed as an early termination by a tenant or cotenant to a prospective landlord.

      [11.]12.  As used in this section:

      (a) “Adverse party” means a person who is named in an order for protection against domestic violence, harassment, sexual assault or stalking, a written report from a law enforcement agency or a written statement from a qualified third party and who is alleged to be the cause of the early termination of a rental agreement pursuant to this section.

      (b) “Cotenant” means a tenant who, pursuant to a rental agreement, is entitled to occupy a dwelling that another tenant is also entitled to occupy pursuant to the same rental agreement.

      (c) “Domestic violence” means the commission of any act described in NRS 33.018.

      (d) “Harassment” means a violation of NRS 200.571.

      (e) “Household member” means any person who is related by blood or marriage and is actually residing with a tenant or cotenant.

      [(e)](f) “Qualified third party” means:

 


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             (1) A physician licensed to practice in this State;

             (2) A psychiatrist licensed to practice medicine in this State and certified by the American Board of Psychiatry and Neurology, Inc. or the American Osteopathic Board of Neurology and Psychiatry of the American Osteopathic Association;

             (3) A psychologist licensed to practice in this State;

             (4) A social worker licensed to practice in this State;

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

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

             (7) Any person who:

                   (I) Is employed by an agency or service which advises persons regarding domestic violence or refers them to persons or agencies where their request and needs can be met and who is licensed to provide health care pursuant to the provisions of title 54 of NRS, or is a member of the board of directors or serves as the executive director of an agency or service which advises persons regarding domestic violence or refers them to persons or agencies where their request and needs can be met;

                    (II) Has received training relating to domestic violence; and

                   (III) Is a resident of this State; or

             (8) Any member of the clergy of a church or religious society or denomination that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501 (c)(3), who has been chosen, elected or appointed in conformity with the constitution, canons, rites, regulations or discipline of the church or religious society or denomination [.] and who is a resident of this State.

      (g) “Sexual assault” means a violation of NRS 200.366.

      (h) “Stalking” means a violation of NRS 200.575.

      Sec. 2. NRS 118A.347 is hereby amended to read as follows:

      118A.347  An affidavit submitted by a tenant or cotenant pursuant to subsection 2 of NRS 118A.345 must be in substantially the following form:

 

............................................................................................................................

(Name of the qualified third party, as defined in NRS 118A.345, including, if applicable, the name of the organization with which the qualified third party is affiliated)

 

       I (and/or) ...................................................................................................

                                      (name of cotenant or household member)

am a victim of domestic violence as defined in NRS 118A.345.

 

       Brief description of incident(s) constituting domestic violence:

............................................................................................................................

............................................................................................................................

............................................................................................................................

 

       The incident(s) that I described above occurred on the following date(s) and time(s), and in the following locations:

............................................................................................................................

............................................................................................................................

............................................................................................................................

 


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       The incident(s) that I described above were committed by the following person(s):

                                                                                                                            

                                                                                                                            

                                                                                                                            

 

       I state under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct.

 

       Dated this ....... day of ..............., 20....., at .................... (city), Nevada,

 

                                                   .....................................................................

                                                          (Signature of tenant, cotenant

                                                                 or household member)

 

       I verify that the person whose signature appears above was a victim of domestic violence and that the person informed me of the name of the adverse party as defined in NRS 118A.345.

 

       Dated this ....... day of ..............., 20....., at .................... (city), Nevada,

 

                                                   .....................................................................

                                                         (Signature of qualified third party)

 

      Sec. 3. NRS 118A.510 is hereby amended to read as follows:

      118A.510  1.  Except as otherwise provided in subsection 3, the landlord may not, in retaliation, terminate a tenancy, refuse to renew a tenancy, increase rent or decrease essential items or services required by the rental agreement or this chapter, or bring or threaten to bring an action for possession if:

      (a) The tenant has complained in good faith of a violation of a building, housing or health code applicable to the premises and affecting health or safety to a governmental agency charged with the responsibility for the enforcement of that code;

      (b) The tenant has complained in good faith to the landlord or a law enforcement agency of a violation of this chapter or of a specific statute that imposes a criminal penalty;

      (c) The tenant has organized or become a member of a tenant’s union or similar organization;

      (d) A citation has been issued resulting from a complaint described in paragraph (a);

      (e) The tenant has instituted or defended against a judicial or administrative proceeding or arbitration in which the tenant raised an issue of compliance with the requirements of this chapter respecting the habitability of dwelling units;

      (f) The tenant has failed or refused to give written consent to a regulation adopted by the landlord, after the tenant enters into the rental agreement, which requires the landlord to wait until the appropriate time has elapsed before it is enforceable against the tenant;

 


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      (g) The tenant has complained in good faith to the landlord, a government agency, an attorney, a fair housing agency or any other appropriate body of a violation of NRS 118.010 to 118.120, inclusive, or the Fair Housing Act of 1968, 42 U.S.C. §§ 3601 et seq., or has otherwise exercised rights which are guaranteed or protected under those laws; or

      (h) The tenant or, if applicable, a cotenant or household member, is a victim of domestic violence , harassment, sexual assault or stalking or terminates a rental agreement pursuant to NRS 118A.345.

      2.  If the landlord violates any provision of subsection 1, the tenant is entitled to the remedies provided in NRS 118A.390 and has a defense in any retaliatory action by the landlord for possession.

      3.  A landlord who acts under the circumstances described in subsection 1 does not violate that subsection if:

      (a) The violation of the applicable building, housing or health code of which the tenant complained was caused primarily by the lack of reasonable care by the tenant, a member of his or her household or other person on the premises with his or her consent;

      (b) The tenancy is terminated with cause;

      (c) A citation has been issued and compliance with the applicable building, housing or health code requires alteration, remodeling or demolition and cannot be accomplished unless the tenant’s dwelling unit is vacant; or

      (d) The increase in rent applies in a uniform manner to all tenants.

Ê The maintenance of an action under this subsection does not prevent the tenant from seeking damages or injunctive relief for the landlord’s failure to comply with the rental agreement or maintain the dwelling unit in a habitable condition as required by this chapter.

      4.  As used in this section:

      (a) “Cotenant” has the meaning ascribed to it in NRS 118A.345.

      (b) “Domestic violence” has the meaning ascribed to it in NRS 118A.345.

      (c) “Harassment” means a violation of NRS 200.571.

      (d) “Household member” has the meaning ascribed to it in NRS 118A.345.

      (e) “Sexual assault” means a violation of NRS 200.366.

      (f) “Stalking” means a violation of NRS 200.575.

________

 

 

 

 

 

 

 

 

 

 


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CHAPTER 110, AB 305

Assembly Bill No. 305–Committee on Health and Human Services

 

CHAPTER 110

 

[Approved: May 24, 2017]

 

AN ACT relating to education; requiring each public school and private school to display a poster featuring the toll-free telephone number for a child abuse or neglect hotline; authorizing each public school and private school to promote the toll-free telephone number for a child abuse or neglect hotline through social media and other electronic means; requiring the Division of Child and Family Services of the Department of Health and Human Services to design and distribute the poster to the boards of trustees of school districts, the governing bodies of charter schools and the governing bodies of private schools for posting at the schools; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Division of Child and Family Services of the Department of Health and Human Services to establish and maintain a center with a toll-free telephone number to receive reports of abuse or neglect of a child in this State, commonly referred to as a child abuse or neglect hotline. (NRS 432B.200) Section 2 of this bill requires the Division to design and distribute to school districts, charter schools and private schools a poster which prominently displays the toll-free telephone number for the child abuse or neglect hotline and prescribes the requirements for the content of the poster. Section 1 of this bill requires the board of trustees of each school district and the governing body of each charter school to ensure that every public school conspicuously displays the poster in an area that is frequently and easily accessed by pupils. Section 1.5 of this bill imposes the same requirement on private schools. Sections 1 and 1.5 authorize the board of trustees of each school district, the governing body of each charter school and the governing body of each private school to promote the toll-free telephone number for a child abuse or neglect hotline through electronic means, including social media.

 

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

      1.  The board of trustees of each school district and the governing body of each charter school shall ensure that at least one poster created pursuant to NRS 432B.200 which prominently displays the toll-free telephone number for the center that receives reports of abuse or neglect of a child in this State is posted:

      (a) Conspicuously in each public school of the school district or the charter school, as applicable;

      (b) In an area that is frequently and easily accessed by pupils; and

      (c) At eye level, as practicable, according to the average height of the pupils enrolled in the public school.

 


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      2.  The board of trustees of each school district and the governing body of each charter school, in addition to the requirements in subsection 1, may promote the toll-free telephone number for the center that receives reports of abuse or neglect of a child in this State through electronic means, including, without limitation, social media. As used in this subsection, “social media” has the meaning ascribed to it in NRS 232.003.

      Sec. 1.5. Chapter 394 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The governing body of each private school shall ensure that at least one poster created pursuant to NRS 432B.200 which prominently displays the toll-free telephone number for the center that receives reports of abuse or neglect of a child in this State is posted:

      (a) Conspicuously in the private school;

      (b) In an area that is frequently and easily accessed by pupils; and

      (c) At eye level, as practicable, according to the average height of the pupils enrolled in the private school.

      2.  The governing body of each private school, in addition to the requirements in subsection 1, may promote the toll-free telephone number for the center that receives reports of abuse or neglect of a child in this State through electronic means, including, without limitation, social media. As used in this subsection, “social media” has the meaning ascribed to it in NRS 232.003.

      Sec. 2. NRS 432B.200 is hereby amended to read as follows:

      432B.200  1.  The Division of Child and Family Services shall establish and maintain a center with a toll-free telephone number to receive reports of abuse or neglect of a child in this State 24 hours a day, 7 days a week. Any reports made to this center must be promptly transmitted to the agency which provides child welfare services in the community where the child is located.

      2.  The Division of Child and Family Services shall design a poster to be displayed in public and private schools as required by sections 1 and 1.5 of this act, which:

      (a) Prominently displays in bold type the toll-free telephone number established and maintained pursuant to subsection 1 and, if available, a county or other local child abuse or neglect hotline maintained for the county in which the school is located;

      (b) Consists of simple, clear and easy to follow directions written in English, Spanish and in any other language the Division of Child and Family Services determines is appropriate based on the demographic characteristics of this State;

      (c) Is at least 11 by 17 inches in size;

      (d) Includes text in a type and font that is easy to read;

      (e) Contains instructions for accessing the Internet website of the Division of Child and Family Services to obtain more information on reporting abuse or neglect of a child; and

      (f) Contains instructions for calling 911 in an emergency.

      3.  The Division of Child and Family Services shall distribute the poster designed pursuant to subsection 2 to the boards of trustees of school districts, the governing bodies of charter schools and the governing bodies of private schools in a printed format or an electronic format that may be printed.

      Sec. 3.  This act becomes effective:

 


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      1.  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

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

________

CHAPTER 111, AB 145

Assembly Bill No. 145–Assemblymen Krasner, Bustamante Adams; Bilbray-Axelrod, Carrillo, Joiner, Kramer, Titus, Tolles, Watkins, Wheeler and Woodbury

 

Joint Sponsors: Senators Denis; Cannizzaro, Gansert, Gustavson, Harris and Kieckhefer

 

CHAPTER 111

 

[Approved: May 24, 2017]

 

AN ACT relating to civil actions; extending the statute of limitations for certain civil actions for damages to a person for injuries incurred as a child as a result of sexual abuse or pornography; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill extends the time by which a civil action to recover damages arising from the sexual abuse of a person who is less than 18 years of age must be commenced from 10 years to 20 years after the person reaches 18 years of age or discovers or should have discovered that an injury was caused by the sexual abuse, whichever is later. This bill also extends the time by which a civil action to recover damages arising from the appearance of a person who is less than 16 years of age in pornographic material must be commenced from 3 years to 20 years after the person reaches 18 years of age or after a court enters a verdict in a related criminal case, whichever is later.

 

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 11.215 is hereby amended to read as follows:

      11.215  1.  Except as otherwise provided in subsection 2 and NRS 217.007, an action to recover damages for an injury to a person arising from the sexual abuse of the plaintiff which occurred when the plaintiff was less than 18 years of age must be commenced within [10] 20 years after the plaintiff:

      (a) Reaches 18 years of age; or

      (b) Discovers or reasonably should have discovered that his or her injury was caused by the sexual abuse,

Ê whichever occurs later.

      2.  An action to recover damages pursuant to NRS 41.1396 must be commenced within [3] 20 years after the occurrence of the following, whichever is later:

 


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      (a) The court enters a verdict in a related criminal case; or

      (b) The victim reaches the age of 18 years.

      3.  As used in this section, “sexual abuse” has the meaning ascribed to it in NRS 432B.100.

      Sec. 2.  The period of limitations on actions set forth in NRS 11.215, as amended by section 1 of this act:

      1.  Applies to a cause of action that accrued before the effective date of this act, if the applicable period of limitations has commenced but not yet expired on the effective date of this act.

      2.  Must not be construed to revive any claim barred by a period of limitations.

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

________

CHAPTER 112, SB 131

Senate Bill No. 131–Senator Denis

 

CHAPTER 112

 

[Approved: May 24, 2017]

 

AN ACT relating to pharmacies; requiring each retail community pharmacy in this State to provide a prescription reader upon the request of a person to whom a drug is dispensed or advice on obtaining a prescription reader; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires prescriptions to be dispensed in a container to which is affixed a label or other device that contains certain information unless otherwise specified by the prescribing practitioner. (NRS 639.2801) This bill requires a retail community pharmacy that dispenses a drug to: (1) notify the person to whom the drug is dispensed of the availability of a prescription reader; and (2) upon request, provide to the person to whom the drug is dispensed a prescription reader or directions or advice on obtaining a prescription reader.

 

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

      1.  Except as otherwise provided in subsection 2, a retail community pharmacy shall notify each person to whom a drug is dispensed that a prescription reader is available to the person. The retail community pharmacy shall, upon the request of a person to whom a drug is dispensed:

      (a) Provide a prescription reader to the person to whom the drug is dispensed to use for at least the duration of the prescription and attach to the container of the drug a label or other device that is capable of conveying the information prescribed in NRS 639.2801 to a person using the prescription reader; or

 


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ê2017 Statutes of Nevada, Page 485 (Chapter 112, SB 131)ê

 

      (b) Provide directions or advice to the person on obtaining a prescription reader appropriate to his or her visual or print impairment.

      2.  The requirements of subsection 1 do not apply if:

      (a) The drug is not dispensed in a container to which is affixed a label or other device pursuant to NRS 639.2801; or

      (b) The drug is dispensed through the mail.

      3.  As used in this section:

      (a) “Prescription reader” means a device designed to convey audibly the information contained on the label or other device affixed to the container of a prescription drug to a person who is visually impaired or otherwise would have difficulty reading the label.

      (b) “Retail community pharmacy” means a pharmacy that is licensed by the Board and dispenses drugs directly to the general public at retail prices. The term does not include:

             (1) A pharmacy that dispenses prescription medications to patients solely through the mail;

             (2) A nonprofit pharmacy designated by the Board pursuant to NRS 639.2676;

             (3) An institutional pharmacy;

             (4) A pharmacy in a correctional institution; or

             (5) A pharmacy operated by a governmental entity.

      Sec. 2.  This act becomes effective on January 1, 2018.

________

CHAPTER 113, SB 202

Senate Bill No. 202–Senator Ratti

 

Joint Sponsor: Assemblyman Sprinkle

 

CHAPTER 113

 

[Approved: May 24, 2017]

 

AN ACT relating to the City of Sparks; requiring newly elected municipal judges to be licensed members of the State Bar of Nevada; requiring that a candidate for City Council Member be voted on in a general election only by the registered voters of the ward that the candidate seeks to represent; providing that a candidate for office who receives a majority of the votes at the primary election must be declared elected and not appear on the ballot at the general election; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The existing Charter of the City of Sparks provides for a Municipal Court consisting of not less than two departments presided over by a Municipal Judge. (Sparks City Charter § 4.010) Section 1 of this bill provides that each Municipal Judge must be a licensed member of the State Bar of Nevada. This requirement does not apply to any Municipal Judge who holds the office on October 1, 2017, and continues to serve as such in uninterrupted terms.

      The existing Charter of the City of Sparks divides the City into five wards, each of which is represented on the City Council by a Council Member. (Sparks City Charter §§ 1.040, 1.060) The existing Charter of the City of Sparks also requires the candidates for Council Member to represent a particular ward be voted on in a primary election only by the registered voters of that ward and, in a general election, be voted on by the registered voters of the City at large.

 


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ê2017 Statutes of Nevada, Page 486 (Chapter 113, SB 202)ê

 

primary election only by the registered voters of that ward and, in a general election, be voted on by the registered voters of the City at large. (Sparks City Charter § 5.010) Section 2 of this bill makes the voting requirements for the primary and general elections the same by requiring that all candidates for Council Member to represent a particular ward be voted on in a general election only by the registered voters of that ward. Section 2 also deletes obsolete provisions establishing the terms of office for officials of the City of Sparks elected in 2001, 2003 and 2004.

      The existing Charter of the City of Sparks provides that, for each elected office in the City, the names of the two candidates who receive the highest number of votes at the primary election must be placed on the ballot for the general election. (Sparks City Charter § 5.020) Section 3 of this bill creates an exception by requiring that, regardless of the number of candidates for an office at the primary election, if one candidate receives a majority of the votes at the primary election, he or she must be declared elected to the office, and no general election for the office need be held. Section 3 also provides that such a candidate takes office at the first regular meeting of the City Council following the meeting at which the canvass of the returns of the general election is made. Section 4 of this bill makes a conforming change.

 

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 1.060 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 41, Statutes of Nevada 2001, at page 394, is hereby amended to read as follows:

       Sec. 1.060  Elective officers: Qualifications; salaries.

       1.  The elective officers of the City consist of:

       (a) A Mayor.

       (b) Five members of the Council.

       (c) A City Attorney.

       (d) Municipal Judges, the number to be determined pursuant to section 4.010.

       2.  All elective officers of the City must be:

       (a) Bona fide residents of the City for at least 30 days immediately preceding the last day for filing a declaration of candidacy for such an office.

       (b) Residents of the City during their term of office, and, in the case of a member of the Council, a resident of the ward the member represents.

       (c) Registered voters within the City.

       3.  No person may be elected or appointed as a member of the Council who was not an actual bona fide resident of the ward to be represented by him or her for a period of at least 30 days immediately preceding the last day for filing a declaration of candidacy for the office, or, in the case of appointment, 30 days immediately preceding the day the office became vacant.

       4.  The City Attorney must be a licensed member of the State Bar of Nevada.

       5.  Each Municipal Judge must be a licensed member of the State Bar of Nevada, except that this requirement does not apply to any Municipal Judge who holds the office of Municipal Judge on October 1, 2017, as long as he or she continues to serve as such in uninterrupted terms.

 


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ê2017 Statutes of Nevada, Page 487 (Chapter 113, SB 202)ê

 

       6.  Each elective officer is entitled to receive a salary in an amount fixed by the City Council. At any time before January 1 of the year in which a general election is held, the City Council shall enact an ordinance fixing the initial salary for each elective office for the term beginning on the first Monday following that election. This ordinance may not be amended to increase or decrease the salary for the office of Mayor, City Council Member or City Attorney during the term. If the City Council fails to enact such an ordinance before January 1 of the election year, the succeeding elective officers are entitled to receive the same salaries as their respective predecessors.

      Sec. 2. Section 5.010 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 52, Statutes of Nevada 2005, at page 104, is hereby amended to read as follows:

       Sec. 5.010  General elections.

       1.  [On the Tuesday after the first Monday in June 2001, there must be elected by the registered voters of the City, at a general municipal election, Council Members to represent the first, third and fifth wards, a Municipal Judge for Department 1 and a City Attorney, all of whom hold office until their successors have been elected and qualified, pursuant to subsection 3 or 4.

       2.  On the Tuesday after the first Monday in June 2003, there must be elected by the registered voters of the City, at a general municipal election, Council Members to represent the second and fourth wards, a Mayor and a Municipal Judge for Department 2, all of whom hold office until their successors have been elected and qualified, pursuant to subsection 5 or 6.

       3.]  On the Tuesday after the first Monday in November 2004, and at each successive interval of 4 years, there must be elected , [by the registered voters of the City,] at the general election, Council Members to represent the first, third and fifth wards and a City Attorney, all of whom hold office for a term of 4 years and until their successors have been elected and qualified.

       [4.  On the Tuesday after the first Monday in November 2004, and at each successive interval of 4 years, there must be elected by the registered voters of the City, at the general election, a Municipal Judge for Department 1, who holds office for a term of 4 years and until his or her successor has been elected and qualified, pursuant to subsection 7.

       5.]2.  On the Tuesday after the first Monday in November 2006, and at each successive interval of 4 years, there must be elected , [by the registered voters of the City,] at the general election, Council Members to represent the second and fourth wards and a Mayor, all of whom hold office for a term of 4 years and until their successors have been elected and qualified.

       [6.]3.  On the Tuesday after the first Monday in November 2006, and at each successive interval of 6 years, there must be elected , [by the registered voters of the City,] at the general election, a Municipal Judge for Department 2, who holds office for a term of 6 years and until his or her successor has been elected and qualified.

       [7.]4.  On the Tuesday after the first Monday in November 2008, and at each successive interval of 6 years, there must be elected , [by the registered voters of the City,] at the general election, a Municipal Judge for Department 1, who holds office for a term of 6 years and until his or her successor has been elected and qualified.

 


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elected , [by the registered voters of the City,] at the general election, a Municipal Judge for Department 1, who holds office for a term of 6 years and until his or her successor has been elected and qualified.

       [8.  All candidates at an election that is held pursuant to this section must be voted upon]

       5.  At the general election:

       (a) Candidates for the offices of Mayor, City Attorney and Municipal Judge must be voted upon by the registered voters of the City at large.

       (b) Candidates to represent a ward as a Council Member must be voted upon only by the registered voters of the ward that the candidate seeks to represent.

      Sec. 3. Section 5.020 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 41, Statutes of Nevada 2001, at page 398, is hereby amended to read as follows:

       Sec. 5.020  Primary elections.

       1.  At the primary election:

       (a) Candidates for the offices of Mayor, City Attorney and Municipal Judge must be voted upon by the registered voters of the City at large.

       (b) Candidates to represent a ward as a member of the City Council must be voted upon by the registered voters of the ward to be represented by them.

       2.  [The] Except as otherwise provided in subsection 3, the names of the two candidates for Mayor, City Attorney and Municipal Judge and the names of the two candidates to represent the ward as a member of the City Council from each ward who receive the highest number of votes at the primary election must be placed on the ballot for the general election.

       3.  If at the primary election, regardless of the number of candidates for an office, one candidate receives the majority of votes cast in that election for the office for which he or she is a candidate, he or she must be declared elected to the office and no general election need be held for that office. Such candidate shall enter upon his or her respective duties at the first regular City Council meeting next succeeding the meeting at which the canvass of the returns of the general election is made.

      Sec. 4. Section 5.100 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 41, Statutes of Nevada 2001, at page 399, is hereby amended to read as follows:

       Sec. 5.100  Election returns: Canvass; certificates of election; entry of officers upon duties; tie vote procedure.

       1.  The election returns from any election must be filed with the City Clerk, who shall immediately place the returns in a safe or vault. No person may handle, inspect or in any manner interfere with the returns until canvassed by the City Council.

       2.  The City Council shall meet within 10 days after any election and canvass the returns and declare the result. The election returns must then be sealed and kept by the City Clerk for 22 months, and no person may have access to them except on order of a court of competent jurisdiction or by order of the City Council.

 


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person may have access to them except on order of a court of competent jurisdiction or by order of the City Council.

       3.  The City Clerk, under his or her hand and official seal, shall issue a certificate of election to each person elected. [The] Except as otherwise provided in subsection 3 of section 5.020, the officers elected shall qualify and enter upon the discharge of their respective duties at the first regular City Council meeting following their election.

       4.  If any election results in a tie, the City Council shall summon the candidates who received the tie vote and determine the tie by lot. The City Clerk shall then issue to the winner a certificate of election.

________

CHAPTER 114, SB 277

Senate Bill No. 277–Committee on Judiciary

 

CHAPTER 114

 

[Approved: May 24, 2017]

 

AN ACT relating to criminal justice information; creating the Subcommittee on Criminal Justice Information Sharing of the Advisory Commission on the Administration of Justice; authorizing the Subcommittee to appoint working groups; revising the duties of the Advisory Commission; revising the membership of the Advisory Commission; revising provisions governing the release of certain information relating to the medical use of marijuana; repealing provisions governing the Advisory Committee on Nevada Criminal Justice Information Sharing; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Director of the Department of Public Safety to establish within the Department the Advisory Committee on Nevada Criminal Justice Information Sharing and prescribes the duties of the Advisory Committee. (NRS 179A.079) Existing law also: (1) establishes the Advisory Commission on the Administration of Justice and various subcommittees of the Advisory Commission; and (2) directs the Advisory Commission and subcommittees, among other duties, to identify and study the elements of this State’s system of criminal justice. (NRS 176.0123-176.0125) Section 1.3 of this bill creates the Subcommittee on Criminal Justice Information Sharing of the Advisory Commission and prescribes the duties of the Subcommittee. Section 1.3 also: (1) requires the Chair of the Advisory Commission to appoint all members of the Subcommittee except one member who is appointed by the Director of the Department of Public Safety and who serves in a position that requires the person to use the Central Repository for Nevada Records of Criminal History for purposes other than criminal justice; and (2) requires the Subcommittee to review issues related to records of criminal history and report to the Advisory Commission with recommendations to address such issues. Section 1.7 of this bill: (1) authorizes the Subcommittee to appoint working groups; (2) provides that meetings of a working group are not subject to the Open Meeting Law; and (3) provides that information and materials received or prepared by a working group is not a public record subject to the provisions of chapter 239 of NRS. Section 2.2 of this bill revises the membership of the Advisory Commission to include a representative of the Central Repository for Nevada Records of Criminal History, appointed by the Governor.

 


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appointed by the Governor. Section 2.4 of this bill requires the Advisory Commission to: (1) make recommendations regarding the sharing of criminal justice information in this State; and (2) provide those recommendations to the Legislature and the Director of the Department of Public Safety. Section 4 of this bill repeals the Advisory Committee on Nevada Criminal Justice Information Sharing, as the Advisory Committee’s duties are essentially replaced by the Subcommittee in sections 1.3 and 1.7.

      Existing law prescribes the duties of the Division of Public and Behavioral Health of the Department of Health and Human Services in administering the program for the medical use of marijuana and requires the Division to maintain the confidentiality of certain information relating to the medical use of marijuana. (Chapter 453A of NRS and NRS 453A.700) Section 3 of this bill provides an exception to the provisions governing confidentiality and instead requires the Division to disclose certain information relating to applicants for a registry identification card, which identifies that a person is exempt from state prosecution or is a designated primary caregiver of such a person, to the Division of Parole and Probation of the Department of Public Safety, if notified by the Division of Parole and Probation that the applicant is on parole or probation.

 

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 176 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.  There is hereby created the Subcommittee on Criminal Justice Information Sharing of the Commission.

      2.  The Subcommittee consists of:

      (a) Members appointed by the Chair of the Commission; and

      (b) One member appointed by the Director of the Department of Public Safety. This member must serve in a position that requires the person to use the Central Repository for Nevada Records of Criminal History to obtain information relating to records of criminal history for purposes other than criminal justice. Such purposes may include, without limitation, determining the eligibility of persons for employment or licensure.

      3.  The Chair of the Commission shall designate one of the members of the Subcommittee as Chair of the Subcommittee. The Chair of the Subcommittee must be a member of the Commission.

      4.  The Subcommittee shall meet at the times and places specified by a call of the Chair. A majority of the members of the Subcommittee constitutes a quorum, and a quorum may exercise any power or authority conferred on the Subcommittee.

      5.  The Subcommittee shall:

      (a) Review and evaluate criminal justice information systems, including such systems utilized by local law enforcement agencies and state criminal justice agencies;

      (b) Consider potential efficiencies and obstacles of integrating statewide criminal justice information systems;

      (c) Review requests from criminal justice agencies regarding the capabilities of the Nevada Criminal Justice Information System that are submitted in the format prescribed by the Subcommittee;

 


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      (d) Review technical and operational issues related to the Nevada Criminal Justice Information System and the development of new technologies; and

      (e) Evaluate, review and submit a report to the Commission with recommendations concerning such issues.

      6.  Any Legislators who are members of the Subcommittee are entitled to receive the salary provided for a majority of the members of the Legislature during the first 60 days of the preceding session for each day’s attendance at a meeting of the Subcommittee.

      7.  While engaged in the business of the Subcommittee, to the extent of legislative appropriation, each member of the Subcommittee is entitled to receive the per diem allowance and travel expenses as provided for state officers and employees generally.

      Sec. 1.7. 1.  The Chair of the Subcommittee on Criminal Justice Information Sharing created by section 1.3 of this act may appoint working groups to:

      (a) Consider specific problems or other matters that are related to and within the scope of the functions of the Subcommittee; and

      (b) Conduct in-depth reviews of the impacts of requests for changes to the capabilities of the Nevada Criminal Justice Information System.

      2.  A working group appointed pursuant to subsection 1 may be composed of:

      (a) Representatives of the Central Repository for Nevada Records of Criminal History;

      (b) Representatives of the Division of Enterprise Information Technology Services of the Department of Administration; and

      (c) Representatives of criminal justice agencies in this State.

      3.  The Chair of the Subcommittee shall designate one of the members of a working group to serve as Chair of the working group.

      4.  The Chair of a working group may recommend to the Subcommittee any changes to the capabilities of the Nevada Criminal Justice Information System and changes relating to the development of new technologies.

      5.  The provisions of chapter 241 of NRS do not apply to any meeting held by a working group to carry out the provisions of this section, including, without limitation, meetings to:

      (a) Discuss operating procedures for using the systems which comprise the Nevada Criminal Justice Information System;

      (b) Discuss details concerning the design of the systems which comprise the Nevada Criminal Justice Information System;

      (c) Discuss deficiencies in security concerning the systems which comprise the Nevada Criminal Justice Information System; and

      (d) Discuss the use or development of new technologies.

      6.  All information and materials received or prepared by a working group are confidential and not a public record for purposes of chapter 239 of NRS.

      7.  The members of a working group serve without compensation.

      Sec. 2. NRS 176.0121 is hereby amended to read as follows:

      176.0121  As used in NRS 176.0121 to 176.0129, inclusive, and sections 1.3 and 1.7 of this act, “Commission” means the Advisory Commission on the Administration of Justice.

 


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      Sec. 2.2. NRS 176.0123 is hereby amended to read as follows:

      176.0123  1.  The Advisory Commission on the Administration of Justice is hereby created. The Commission consists of:

      (a) One member who is a municipal judge or justice of the peace, appointed by the governing body of the Nevada Judges of Limited Jurisdiction;

      (b) One member who is a district judge, appointed by the governing body of the Nevada District Judges Association;

      (c) One member who is a justice of the Supreme Court of Nevada or a retired justice of the Supreme Court of Nevada, appointed by the Chief Justice of the Supreme Court of Nevada;

      (d) One member who is a district attorney, appointed by the governing body of the Nevada District Attorneys Association;

      (e) One member who is an attorney in private practice, experienced in defending criminal actions, appointed by the governing body of the State Bar of Nevada;

      (f) One member who is a public defender, appointed by the governing body of the State Bar of Nevada;

      (g) One member who is a representative of a law enforcement agency, appointed by the Governor;

      (h) One member who is a representative of the Division of Parole and Probation of the Department of Public Safety, appointed by the Governor;

      (i) One member who is a representative of the Central Repository for Nevada Records of Criminal History, appointed by the Governor;

      (j) One member who has been a victim of a crime or is a representative of an organization supporting the rights of victims of crime, appointed by the Governor;

      [(j)](k) One member who is a representative of an organization that advocates on behalf of inmates, appointed by the Governor;

      [(k)](l) One member who is a representative of the Nevada Sheriffs’ and Chiefs’ Association, appointed by the Nevada Sheriffs’ and Chiefs’ Association;

      [(l)](m) One member who is a member of the State Board of Parole Commissioners, appointed by the State Board of Parole Commissioners;

      [(m)](n) The Director of the Department of Corrections;

      [(n)](o) Two members who are Senators, one of whom is appointed by the Majority Leader of the Senate and one of whom is appointed by the Minority Leader of the Senate; and

      [(o)](p) Two members who are members of the Assembly, one of whom is appointed by the Speaker of the Assembly and one of whom is appointed by the Minority Leader of the Assembly.

Ê If any association listed in this subsection ceases to exist, the appointment required by this subsection must be made by the association’s successor in interest or, if there is no successor in interest, by the Governor.

      2.  The Attorney General is an ex officio voting member of the Commission.

      3.  Each appointed member serves a term of 2 years. Members may be reappointed for additional terms of 2 years in the same manner as the original appointments. Any vacancy occurring in the membership of the Commission must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.

 


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      4.  The Legislators who are members of the Commission are entitled to receive the salary provided for a majority of the members of the Legislature during the first 60 days of the preceding session for each day’s attendance at a meeting of the Commission.

      5.  At the first regular meeting of each odd-numbered year, the members of the Commission shall elect a Chair by majority vote who shall serve until the next Chair is elected.

      6.  The Commission shall meet at least once every 3 months and may meet at such further times as deemed necessary by the Chair.

      7.  A majority of the members of the Commission constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the Commission.

      8.  While engaged in the business of the Commission, to the extent of legislative appropriation, each member of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      9.  To the extent of legislative appropriation, the Director of the Legislative Counsel Bureau shall provide the Commission with such staff as is necessary to carry out the duties of the Commission.

      Sec. 2.4. NRS 176.0125 is hereby amended to read as follows:

      176.0125  The Commission shall:

      1.  Identify and study the elements of this State’s system of criminal justice which affect the sentences imposed for felonies and gross misdemeanors.

      2.  Evaluate the effectiveness and fiscal impact of various policies and practices regarding sentencing which are employed in this State and other states, including, but not limited to, the use of plea bargaining, probation, programs of intensive supervision, programs of regimental discipline, imprisonment, sentencing recommendations, mandatory and minimum sentencing, mandatory sentencing for crimes involving the possession, manufacture and distribution of controlled substances, structured or tiered sentencing, enhanced penalties for habitual criminals, parole, credits against sentences, residential confinement and alternatives to incarceration.

      3.  Recommend changes in the structure of sentencing in this State which, to the extent practicable and with consideration for their fiscal impact, incorporate general objectives and goals for sentencing, including, but not limited to, the following:

      (a) Offenders must receive sentences that increase in direct proportion to the severity of their crimes and their histories of criminality.

      (b) Offenders who have extensive histories of criminality or who have exhibited a propensity to commit crimes of a predatory or violent nature must receive sentences which reflect the need to ensure the safety and protection of the public and which allow for the imprisonment for life of such offenders.

      (c) Offenders who have committed offenses that do not include acts of violence and who have limited histories of criminality must receive sentences which reflect the need to conserve scarce economic resources through the use of various alternatives to traditional forms of incarceration.

      (d) Offenders with similar histories of criminality who are convicted of similar crimes must receive sentences that are generally similar.

 


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      (e) Offenders sentenced to imprisonment must receive sentences which do not confuse or mislead the public as to the actual time those offenders must serve while incarcerated or before being released from confinement or supervision.

      (f) Offenders must not receive disparate sentences based upon factors such as race, gender or economic status.

      (g) Offenders must receive sentences which are based upon the specific circumstances and facts of their offenses, including the nature of the offense and any aggravating factors, the savagery of the offense, as evidenced by the extent of any injury to the victim, and the degree of criminal sophistication demonstrated by the offender’s acts before, during and after commission of the offense.

      4.  Evaluate the effectiveness and efficiency of the Department of Corrections and the State Board of Parole Commissioners with consideration as to whether it is feasible and advisable to establish an oversight or advisory board to perform various functions and make recommendations concerning:

      (a) Policies relating to parole;

      (b) Regulatory procedures and policies of the State Board of Parole Commissioners;

      (c) Policies for the operation of the Department of Corrections;

      (d) Budgetary issues; and

      (e) Other related matters.

      5.  Evaluate the effectiveness of specialty court programs in this State with consideration as to whether such programs have the effect of limiting or precluding reentry of offenders and parolees into the community.

      6.  Evaluate the policies and practices concerning presentence investigations and reports made by the Division of Parole and Probation of the Department of Public Safety, including, without limitation, the resources relied on in preparing such investigations and reports and the extent to which judges in this State rely on and follow the recommendations contained in such presentence investigations and reports.

      7.  Evaluate, review and comment upon issues relating to juvenile justice in this State, including, but not limited to:

      (a) The need for the establishment and implementation of evidence-based programs and a continuum of sanctions for children who are subject to the jurisdiction of the juvenile court; and

      (b) The impact on the criminal justice system of the policies and programs of the juvenile justice system.

      8.  Compile and develop statistical information concerning sentencing in this State.

      9.  Identify and study issues relating to the application of chapter 241 of NRS to meetings held by the:

      (a) State Board of Pardons Commissioners to consider an application for clemency; and

      (b) State Board of Parole Commissioners to consider an offender for parole.

      10.  Identify and study issues relating to the operation of the Department of Corrections, including, without limitation, the system for allowing credits against the sentences of offenders, the accounting of such credits and any other policies and procedures of the Department which pertain to the operation of the Department.

 


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      11.  Evaluate the policies and practices relating to the involuntary civil commitment of sexually dangerous persons.

      12.  Identify and study the impacts and effects of collateral consequences of convictions in this State. Such identification and study:

      (a) Must cause to be identified any provision in the Nevada Constitution, the Nevada Revised Statutes and the Nevada Administrative Code which imposes a collateral sanction or authorizes the imposition of a disqualification, and any provision of law that may afford relief from a collateral consequence;

      (b) May rely on the study of this State’s collateral sanctions, disqualifications and relief provisions prepared by the National Institute of Justice described in section 510 of the Court Security Improvement Act of 2007, Public Law 110-177; and

      (c) Must include the posting of a hyperlink on the Commission’s website to any study of this State’s collateral sanctions, disqualifications and relief provisions prepared by the National Institute of Justice described in section 510 of the Court Security Improvement Act of 2007, Public Law 110-177.

      13.  Recommend standards, policies and procedures for integrated criminal justice information sharing between criminal justice agencies in this State and the Central Repository for Nevada Records of Criminal History.

      14.  Provide a copy of any recommendations described in subsection 13 to the Director of the Department of Public Safety.

      15.  For each regular session of the Legislature, prepare a comprehensive report including the Commission’s recommended changes pertaining to the administration of justice in this State, the Commission’s findings and any recommendations of the Commission for proposed legislation. The report must be submitted to the Director of the Legislative Counsel Bureau for distribution to the Legislature not later than September 1 of each even-numbered year.

      Sec. 2.7. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 41.071, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 130.712, 136.050, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.

 


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293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 1.7 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

      2.  A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

 


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      3.  A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

      4.  A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:

      (a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.

      (b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.

      Sec. 3. NRS 453A.700 is hereby amended to read as follows:

      453A.700  1.  Except as otherwise provided in this section, NRS 239.0115 and subsection 4 of NRS 453A.210, the Division shall not disclose:

      (a) The contents of any tool used by the Division to evaluate an applicant or its affiliate.

      (b) Any information, documents or communications provided to the Division by an applicant or its affiliate pursuant to the provisions of this chapter, without the prior written consent of the applicant or affiliate or pursuant to a lawful court order after timely notice of the proceedings has been given to the applicant or affiliate.

      (c) The name or any other identifying information of:

             (1) An attending physician; or

             (2) A person who has applied for or to whom the Division or its designee has issued a registry identification card or letter of approval.

Ê Except as otherwise provided in NRS 239.0115, the items of information described in this subsection are confidential, not subject to subpoena or discovery and not subject to inspection by the general public.

      2.  Notwithstanding the provisions of subsection 1, the Division or its designee [may] :

      (a) Shall release the name and other identifying information of a person who has applied for a registry identification card to authorized employees of the Division of Parole and Probation of the Department of Public Safety, if notified by the Division of Parole and Probation that the applicant is on parole or probation.

      (b) May release the name and other identifying information of a person to whom the Division or its designee has issued a registry identification card or letter of approval to:

      [(a)](1) Authorized employees of the Division or its designee as necessary to perform official duties of the Division; and

      [(b)](2) Authorized employees of state and local law enforcement agencies, only as necessary to verify that a person is the lawful holder of a registry identification card or letter of approval issued to him or her pursuant to NRS 453A.220 or 453A.250.

      Sec. 4.  NRS 179A.079 is hereby repealed.

________

 


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ê2017 Statutes of Nevada, Page 498ê

 

CHAPTER 115, SB 301

Senate Bill No. 301–Committee on Education

 

CHAPTER 115

 

[Approved: May 24, 2017]

 

AN ACT relating to education; abolishing the State Board for Career and Technical Education and transferring certain duties to the State Board of Education and the Superintendent of Public Instruction; changing the name of the Advisory Council on Parental Involvement and Family Engagement and revising certain duties of the Council; abolishing the Interagency Panel; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Sunset Subcommittee of the Legislative Commission to review certain boards and commissions in this State to determine whether the board or commission should be terminated, modified, consolidated or continued. (NRS 232B.210-232B.250)

      Existing law creates the State Board for Career and Technical Education, which is comprised of the same members who serve on the State Board of Education, and provides that the Superintendent of Public Instruction serves as Executive Officer of the State Board for Career and Technical Education. (NRS 385.010, 388.330-388.400) Existing law also requires the Executive Officer to make a biennial report to the Governor. (NRS 388.370) As recommended by the Sunset Subcommittee, sections 1, 7-20, 25 and 26 of this bill abolish the State Board for Career and Technical Education and transfer the duties of that Board and its Executive Officer to the State Board of Education and the Superintendent of Public Instruction, as applicable. Finally, section 3 of this bill revises the annual report of the state of public education in this State made by the Department of Education to include a description of any policies, plans and programs for promoting, extending and improving career and technical education and section 31 repeals the annual report made separately by the Executive Officer. (NRS 385.230)

      Existing law requires the Superintendent of Public Instruction to establish an Advisory Council on Parental Involvement and Family Engagement with powers and duties designed to assist schools with increasing parental involvement, including reviewing certain policies and practices by the State Board, boards of trustees of school districts and schools. (NRS 385.610, 385.620) As recommended by the Sunset Subcommittee, sections 4-6 of this bill change the name of the Advisory Council to the Advisory Council for Family Engagement and modify the annual reporting requirements of the Advisory Council.

      Existing law establishes an Interagency Panel responsible for making recommendations concerning the placement of persons with disabilities who are eligible to receive certain special education services. (NRS 388.5237) As recommended by the Sunset Subcommittee, section 31 of this bill abolishes the Interagency Panel.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 385.010 is hereby amended to read as follows:

      385.010 1.  A Department of Education is hereby created.

      2.  The Department consists of the State Board of Education [, the State Board for Career and Technical Education] and the Superintendent of Public Instruction.

      3.  The Superintendent of Public Instruction is the executive head of the Department.

      Sec. 2. (Deleted by amendment.)

      Sec. 3. NRS 385.230 is hereby amended to read as follows:

      385.230  1.  The Department shall, in conjunction with the State Board, prepare an annual report of the state of public education in this State. The report must include, without limitation:

      (a) An analysis of each annual report of accountability prepared by the State Board pursuant to NRS 385A.400;

      (b) An update on the status of K-12 public education in this State;

      (c) A description of the most recent vision and mission statements of the State Board and the Department, including, without limitation, the progress made by the State Board and Department in achieving those visions and missions;

      (d) A description of the goals and benchmarks for improving the academic achievement of pupils which are included in the plan to improve the achievement of pupils required by NRS 385.111;

      (e) A description of any policies, plans and programs for promoting, extending and improving career and technical education for pupils;

      [(e)] (f) A description of any significant changes made to the collection, maintenance or transfer of data concerning pupils by the Department, a school district, a sponsor of a charter school or a university school for profoundly gifted pupils;

      [(f)] (g) Any new data elements, including, without limitation, data about individual pupils and aggregated data about pupils within a defined group, proposed for inclusion in the automated system of accountability information for Nevada established pursuant to NRS 385A.800;

      [(g)] (h) An analysis of the progress the public schools have made in the previous year toward achieving the goals and benchmarks for improving the academic achievement of pupils;

      [(h)] (i) An analysis of whether the standards and examinations adopted by the State Board adequately prepare pupils for success in postsecondary educational institutions and in career and workforce readiness;

      [(i)] (j) An analysis of the extent to which school districts and charter schools recruit and retain effective teachers and principals;

      [(j)] (k) An analysis of the ability of the automated system of accountability information for Nevada established pursuant to NRS 385A.800 to link the achievement of pupils to the performance of the individual teachers assigned to those pupils and to the principals of the schools in which the pupils are enrolled;

 


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      [(k)] (l) An analysis of the extent to which the lowest performing public schools have improved the academic achievement of pupils enrolled in those schools;

      [(l)] (m) A summary of the innovative educational programs implemented by public schools which have demonstrated the ability to improve the academic achievement of pupils, including, without limitation:

             (1) Pupils who are economically disadvantaged, as defined by the State Board;

             (2) Pupils from major racial and ethnic groups, as defined by the State Board;

             (3) Pupils with disabilities;

             (4) Pupils who are limited English proficient; and

             (5) Pupils who are migratory children, as defined by the State Board; and

      [(m)] (n) A description of any plan of corrective action requested by the Superintendent of Public Instruction from the board of trustees of a school district or the governing body of a charter school and the status of that plan.

      2.  In odd-numbered years, the Superintendent of Public Instruction shall present the report prepared pursuant to subsection 1 in person to the Governor and each standing committee of the Legislature with primary jurisdiction over matters relating to K-12 public education at the beginning of each regular session of the Legislature.

      3.  In even-numbered years, the Superintendent of Public Instruction shall, on or before January 31, submit a written copy of the report prepared pursuant to subsection 1 to the Governor and to the Legislative Committee on Education.

      Sec. 4. NRS 385.600 is hereby amended to read as follows:

      385.600  As used in NRS 385.600 to 385.635, inclusive, unless the context otherwise requires, “Advisory Council” means the Advisory Council [on Parental Involvement and] for Family Engagement established pursuant to NRS 385.610.

      Sec. 5. NRS 385.610 is hereby amended to read as follows:

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

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

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

      (b) Two teachers in public schools;

      (c) One administrator of a public school;

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

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

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

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

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

 


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

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

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

      6.  After the initial terms:

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

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

      7.  The Department shall provide:

      (a) Administrative support to the Advisory Council; and

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

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

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

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

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

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

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

      Sec. 6. NRS 385.620 is hereby amended to read as follows:

      385.620  The Advisory Council shall:

      1.  Review the policy of parental involvement adopted by the State Board and the policy of parental involvement and family engagement adopted by the board of trustees of each school district pursuant to NRS 392.457;

      2.  Review the information relating to communication with and participation, involvement and engagement of parents and families that is included in the annual report of accountability for each school district pursuant to NRS 385A.320 and similar information in the annual report of accountability prepared by the State Public Charter School Authority, the Achievement School District and a college or university within the Nevada System of Higher Education that sponsors a charter school pursuant to subsection 3 of NRS 385A.070;

      3.  Review any effective practices carried out in individual school districts to increase parental involvement and family engagement and determine the feasibility of carrying out those practices on a statewide basis;

 


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      4.  Review any effective practices carried out in other states to increase parental involvement and family engagement and determine the feasibility of carrying out those practices in this State;

      5.  Identify methods to communicate effectively and provide outreach to parents, legal guardians and families of pupils who have limited time to become involved in the education of their children for various reasons, including, without limitation, work schedules, single-parent homes and other family obligations;

      6.  Identify the manner in which the level of parental involvement and family engagement affects the performance, attendance and discipline of pupils;

      7.  Identify methods to communicate effectively with and provide outreach to parents, legal guardians and families of pupils who are limited English proficient;

      8.  Determine the necessity for the appointment of a statewide parental involvement and family engagement coordinator or a parental involvement and family engagement coordinator in each school district, or both;

      9.  Work in collaboration with the Office of Parental Involvement and Family Engagement created by NRS 385.630 to carry out the duties prescribed in NRS 385.635; and

      10.  [On or before July 1 of each year, submit a report to the Legislative Committee on Education describing the activities of the Advisory Council and any recommendations for legislation; and

      11.]  On or before February 1 of each [odd-numbered] year, submit a report to the Director of the Legislative Counsel Bureau for transmission to [the next regular session of] the Legislature in odd-numbered years and to the Legislative Commission in even-numbered years, describing the activities of the Advisory Council and any recommendations for legislation.

      Sec. 7. NRS 387.050 is hereby amended to read as follows:

      387.050  1.  The State of Nevada accepts the provisions of, and all of the money provided by, the Vocational Education Act of 1963, and any amendments thereof or supplements thereto.

      2.  In addition to the provisions of subsection 1, the State Board [for Career and Technical Education] may accept, and adopt regulations or establish policies for the disbursement of, money appropriated by any Act of Congress and apportioned to the State of Nevada for use in connection with the program for career and technical education.

      3.  In accepting the benefits of the Acts of Congress referred to in subsections 1 and 2, the State of Nevada agrees to comply with all of their provisions and to observe all of their requirements.

      4.  The State Treasurer is designated custodian of all money received by the State of Nevada from the appropriations made by the Acts of Congress referred to in subsections 1 and 2, and the State Treasurer may receive and provide for the proper custody thereof and make disbursements therefrom in the manner provided in the Acts and for the purposes therein specified on warrants of the State Controller issued upon the order of the [Executive Officer of the State Board for Career and Technical Education.] Superintendent of Public Instruction.

      5.  On warrants of the State Controller issued upon the order of the [Executive Officer of the State Board for Career and Technical Education] Superintendent of Public Instruction pursuant to regulations or policies of the State Board, the State Treasurer shall also pay out any money appropriated by the State of Nevada to carry out the provisions of this section.

 


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the State Board, the State Treasurer shall also pay out any money appropriated by the State of Nevada to carry out the provisions of this section.

      Sec. 8. NRS 388.340 is hereby amended to read as follows:

      388.340  [1.]  The Superintendent of Public Instruction shall [serve as Executive Officer of the State Board for Career and Technical Education.

      2.  The Executive Officer shall:

      (a) Except] , except as otherwise provided in NRS 388.342, employ personnel for such positions as are approved by the State Board [for Career and Technical Education] and necessary to carry out properly the provisions of this title relating to career and technical education.

      [(b) Carry into effect the regulations of the State Board for Career and Technical Education.

      (c) Maintain an office for the Board.

      (d) Keep all records of the Board in the office of the Board.]

      Sec. 9. NRS 388.342 is hereby amended to read as follows:

      388.342  The [Executive Officer of the State Board for Career and Technical Education] Superintendent of Public Instruction shall appoint a person to oversee programs of career and technical education.

      Sec. 10. NRS 388.360 is hereby amended to read as follows:

      388.360  The State Board [for Career and Technical Education] is hereby designated as the sole state agency responsible for the administration of career and technical education in the State of Nevada. The State Board may:

      1.  Cooperate with any federal agency, board or department designated to administer the Acts of Congress apportioning federal money to the State of Nevada for career and technical education.

      2.  Establish policies and adopt regulations for the administration of any legislation enacted pursuant thereto by the State of Nevada.

      3.  Establish policies and adopt regulations for the administration of money provided by the Federal Government and the State of Nevada for the promotion, extension and improvement of career and technical education in Nevada.

      4.  Establish policies or regulations and formulate plans for the promotion of career and technical education in such subjects as are an essential and integral part of the system of public education in the State of Nevada.

      5.  Establish policies to provide for the preparation of teachers of such programs and subjects.

      6.  Approve positions for such persons as may be necessary to administer the federal act and provisions of this title enacted pursuant thereto for the State of Nevada.

      7.  Direct [its Executive Officer] the Superintendent of Public Instruction to make studies and investigations relating to career and technical education.

      8.  Establish policies to promote and aid in the establishment by local communities of schools, departments or classes giving training in career and technical subjects.

      9.  Cooperate with local communities in the maintenance of such schools, departments or classes.

      10.  Prescribe qualifications for the teachers, directors and supervisors of career and technical subjects.

 


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      11.  Provide for the certification of such teachers, directors and supervisors.

      12.  Establish policies or regulations to cooperate in the maintenance of classes supported and controlled by the public for the preparation of the teachers, directors and supervisors of career and technical subjects, or maintain such classes under its own direction and control.

      13.  Establish by regulation the qualifications required for persons engaged in the training of teachers for career and technical education.

      Sec. 11. NRS 388.365 is hereby amended to read as follows:

      388.365  1.  All gifts of money which the State Board [for Career and Technical Education] is authorized to accept for career and technical education must be deposited in a permanent trust fund in the State Treasury designated as the Gift Fund for Career and Technical Education.

      2.  The money available in the Fund must be used only for the purpose specified by the donor, within the scope of the State Board’s powers and duties. The State Board may adopt regulations or establish policies for the disbursement of money from the Fund in accordance with the terms of the gift or bequest on warrants of the State Controller issued upon the orders of the [Executive Officer of the State Board for Career and Technical Education.] Superintendent of Public Instruction. Any expenditures pursuant to this section may include matching state and federal money available for career and technical education.

      3.  If all or part of the money accepted by the State Board from a donor is not expended before the end of the fiscal year in which the gift was accepted, the remaining balance of the amount donated must remain in the Fund until needed for the purpose specified by the donor.

      Sec. 12. NRS 388.380 is hereby amended to read as follows:

      388.380  1.  Except as otherwise provided in subsection 3, the board of trustees of a school district in a county whose population is 100,000 or more shall and any other board of trustees of a school district may:

      (a) Establish and maintain a program of career and technical education giving instruction in the subjects approved by the State Board . [for Career and Technical Education.]

      (b) Raise and expend money for the establishment and maintenance of a program of career and technical education.

      2.  A pupil who successfully completes a program of career and technical education and who otherwise satisfies the requirements for graduation from high school must be awarded a high school diploma with an endorsement indicating that the pupil has successfully completed the program of career and technical education. The provisions of this subsection do not preclude a pupil from receiving more than one endorsement on his or her diploma, if applicable.

      3.  The board of trustees of each school district shall incorporate into the curriculum:

      (a) Guidance and counseling in career and technical education in accordance with NRS 389.041; and

      (b) Technology.

      4.  The State Board [for Career and Technical Education] shall adopt regulations prescribing the endorsement of career and technical education for a high school diploma.

 


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      Sec. 13. NRS 388.385 is hereby amended to read as follows:

      388.385  1.  If the board of trustees of a school district has established a program of career and technical education pursuant to NRS 388.380 and to the extent that money is available from this State or the Federal Government, the superintendent of schools of the school district shall appoint an advisory technical skills committee consisting of:

      (a) Representatives of businesses and industries in the community;

      (b) Employees of the school district who possess knowledge and experience in career and technical education;

      (c) Pupils enrolled in public schools in the school district;

      (d) Parents and legal guardians of pupils enrolled in public schools in the school district;

      (e) To the extent practicable, representatives of postsecondary educational institutions that provide career and technical education; and

      (f) Other interested persons.

      2.  An advisory technical skills committee established pursuant to subsection 1 shall:

      (a) Review the curriculum, design, content and operation of the program of career and technical education to determine its effectiveness in:

             (1) Preparing pupils enrolled in the program to enter the workforce and meeting the needs of supplying an appropriately trained workforce to businesses and industries in the community; and

             (2) Complying with the provisions of NRS [388.330] 388.340 to 388.400, inclusive, and any regulations adopted pursuant thereto.

      (b) Advise the school district regarding the curriculum, design, content, operation and effectiveness of the program of career and technical education.

      (c) Provide technical assistance to the school district in designing and revising as necessary the curriculum for the program of career and technical education.

      (d) In cooperation with businesses, industries, employer associations and employee organizations in the community, develop work-based experiences for pupils enrolled in the program of career and technical education. The work-based experiences must:

             (1) Be designed:

                    (I) For pupils enrolled in grades 11 and 12, but may be offered to pupils enrolled in grades 9 and 10 upon the approval of the principal of the school where the program is offered.

                   (II) To prepare and train pupils to work as apprentices in business settings.

             (2) Allow a pupil to earn academic credit for the work-based experience.

      (e) Meet at least three times each calendar year.

      (f) Provide to the superintendent of schools of the school district any recommendations regarding the program of career and technical education and any actions of the committee.

      (g) Comply with the provisions of chapter 241 of NRS.

      3.  The members of an advisory technical skills committee serve without compensation.

      Sec. 14. NRS 388.390 is hereby amended to read as follows:

      388.390  If the board of trustees of a school district or the governing body of a charter school organizes a program of career and technical education in accordance with the regulations adopted by the State Board [for Career and Technical Education] and the program has been approved by the [Executive Officer of the Board,] Superintendent of Public Instruction, the school district or the charter school is entitled to share in federal and state money available for the promotion of career and technical education in the amount determined by the [Executive Officer of the Board,] Superintendent of Public Instruction, in accordance with NRS 388.390 to 388.397, inclusive, and the regulations and policies of the State Board.

 


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Career and Technical Education] and the program has been approved by the [Executive Officer of the Board,] Superintendent of Public Instruction, the school district or the charter school is entitled to share in federal and state money available for the promotion of career and technical education in the amount determined by the [Executive Officer of the Board,] Superintendent of Public Instruction, in accordance with NRS 388.390 to 388.397, inclusive, and the regulations and policies of the State Board.

      Sec. 15. NRS 388.392 is hereby amended to read as follows:

      388.392  1.  Of state money appropriated for use in a fiscal year for programs of career and technical education, the State Board [for Career and Technical Education] shall not use more than 7.5 percent to provide leadership and training activities in that fiscal year.

      2.  Before allocating state money, if any, to provide leadership and training activities, the State Board [for Career and Technical Education] shall:

      (a) Distribute 30 percent of the state money in the manner set forth in NRS 388.393; and

      (b) Distribute 5 percent of the state money to pupil organizations for career and technical education in the manner set forth in NRS 388.394.

      3.  After distributing the state money pursuant to subsection 2 and allocating state money, if any, to provide leadership and training activities, the State Board [for Career and Technical Education] shall distribute the remainder of state money in the manner set forth in NRS 388.395.

      4.  The State Board [for Career and Technical Education] shall request that each industry sector council established pursuant to subsection 2 of NRS 232.935 name one representative to provide recommendations to the [Executive Officer of the State Board for Career and Technical Education] Superintendent of Public Instruction on the awarding of grants pursuant to NRS 388.393.

      5.  As used in this section, “leadership and training activities” means:

      (a) Activities by or for pupil organizations for career and technical education;

      (b) Training activities for teachers of classes or programs of career and technical education;

      (c) Activities at or for a conference of teachers of classes or programs of career and technical education;

      (d) Promotion and marketing of classes or programs of career and technical education; and

      (e) The development of standards and assessments of career and technical education for the purposes of leadership and training.

      Sec. 16. NRS 388.393 is hereby amended to read as follows:

      388.393  1.  The board of trustees of a school district or the governing body of a charter school may apply to the State Board [for Career and Technical Education] for a grant for a program of career and technical education, to be paid for with money distributed pursuant to paragraph (a) of subsection 2 of NRS 388.392, by submitting an application to the person appointed pursuant to NRS 388.342.

      2.  Upon receipt of an application for a grant, the person shall forward the application to each representative of an industry sector council named pursuant to subsection 4 of NRS 388.392 to review the application.

      3.  The [Executive Officer of the State Board for Career and Technical Education] Superintendent of Public Instruction shall review the recommendations of the representatives of the industry sector councils and award grants for the purposes of developing new programs of career and technical education or expanding existing programs of career and technical education.

 


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ê2017 Statutes of Nevada, Page 507 (Chapter 115, SB 301)ê

 

recommendations of the representatives of the industry sector councils and award grants for the purposes of developing new programs of career and technical education or expanding existing programs of career and technical education. The awarding of grants must be based on the following criteria of the program of career and technical education:

      (a) Standards and instruction.

      (b) Leadership development.

      (c) Practical application of occupational skills.

      (d) Quality and competence of personnel.

      (e) Facilities, equipment and materials.

      (f) Community, business and industry involvement.

      (g) Career guidance.

      (h) Program promotion.

      (i) Program accountability and planning.

      (j) Pupil-teacher ratio.

      (k) Whether the program will lead to a national credential or certification.

      Sec. 17. NRS 388.394 is hereby amended to read as follows:

      388.394  1.  A pupil organization for career and technical education may apply to the State Board [for Career and Technical Education] for a grant to support the activities of the organization, to be paid for with the money distributed pursuant to paragraph (b) of subsection 2 of NRS 388.392.

      2.  The State Board [for Career and Technical Education] shall review all applications submitted pursuant to subsection 1 and award grants to pupil organizations on a fair and equitable basis.

      Sec. 18. NRS 388.395 is hereby amended to read as follows:

      388.395  1.  The board of trustees of a school district or the governing body of a charter school may apply to the State Board [for Career and Technical Education] for a grant for a program of career and technical education, to be paid for from the remainder of state money described in subsection 3 of NRS 388.392.

      2.  The State Board [for Career and Technical Education] shall review all applications submitted pursuant to subsection 1 and award grants based on the following criteria of the program of career and technical education:

      (a) Standards and instruction.

      (b) Leadership development.

      (c) Practical application of occupational skills.

      (d) Quality and competence of personnel.

      (e) Facilities, equipment and materials.

      (f) Community, business and industry involvement.

      (g) Career guidance.

      (h) Program promotion.

      (i) Program accountability and planning.

      (j) Pupil-teacher ratio.

      (k) Whether the program will lead to a national credential or certification.

      3.  The proportion of the total amount awarded pursuant to subsection 2 to a school district or charter school during a fiscal year must not exceed the proportion of the duplicated enrollment of pupils in programs of career and technical education in the school district or charter school during the previous fiscal year, as compared to the duplicated enrollments of pupils in programs of career and technical education throughout the State during the previous fiscal year.

 


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previous fiscal year. For the purposes of determining the duplicated enrollment of pupils in a program of career and technical education, each pupil must be counted once for each program of career and technical education in which he or she is enrolled.

      Sec. 19. NRS 388.396 is hereby amended to read as follows:

      388.396  For each grant of money awarded pursuant to NRS 388.393, 388.394 or 388.395, the State Board [for Career and Technical Education] shall designate a program professional to:

      1.  Evaluate the manner in which the money was expended and the effectiveness of the program for career and technical education for which the money was granted; and

      2.  Report the results of the review to the State Board . [for Career and Technical Education.]

      Sec. 20. NRS 388.400 is hereby amended to read as follows:

      388.400  1.  The money for career and technical education must be provided for and raised in the manner specified in NRS 387.050 and [388.330] 388.340 to 388.400, inclusive.

      2.  The State Treasurer is the custodian of the money and shall make disbursements therefrom on warrants of the State Controller issued upon the order of the [Executive Officer of the State Board for Career and Technical Education.] Superintendent of Public Instruction.

      Secs. 21-24. (Deleted by amendment.)

      Sec. 25. NRS 610.030 is hereby amended to read as follows:

      610.030  1.  A State Apprenticeship Council composed of seven members is hereby created.

      2.  The Labor Commissioner shall appoint:

      (a) Three members who are representatives from employer associations and have knowledge concerning occupations in which a person may be apprenticed.

      (b) Three members who are representatives from employee organizations and have knowledge concerning occupations in which a person may be apprenticed.

      (c) One member who is a representative of the general public and who, before appointment, must first receive the unanimous approval of the members appointed under the provisions of paragraphs (a) and (b).

      3.  The state official who has been designated by the State Board [for Career and Technical] of Education as being in charge of trade and industrial education is an ex officio member of the State Apprenticeship Council but may not vote.

      Sec. 26. NRS 632.2856 is hereby amended to read as follows:

      632.2856  1.  The training program required for certification as a nursing assistant must consist of 75 hours of instruction. The program must include no less than 60 hours of theory and learning skills in a laboratory setting.

      2.  Except as otherwise provided in this subsection, the instructor of the program must be a registered nurse with:

      (a) Three years of nursing experience which includes direct care of patients and supervision and education of members of the staff; and

      (b) Proof of successful completion of training for instructors which has been approved by the Board.

 


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Ê The Board may approve a licensed practical nurse as an instructor if the Board determines that requiring instruction by a registered nurse would create a hardship.

      3.  Except as otherwise provided in NRS 622.090, upon completion of the program, a nursing assistant trainee must pass a test in theory with an overall score of 80 percent and a test of skills on a pass or fail basis. The test of skills must be given by a registered nurse. If the nursing assistant trainee fails either of the tests, the nursing assistant trainee must repeat the training in the areas in which he or she was deficient before taking the certification examination.

      4.  In a program which is based in a facility, a nursing assistant trainee may only perform those tasks he or she has successfully completed in the training program, and must perform those tasks under the direct supervision of a registered nurse or a licensed practical nurse.

      5.  The Board shall adopt regulations not inconsistent with law:

      (a) Specifying the scope of the training program and the required components of the program;

      (b) Establishing standards for the approval of programs and instructors; and

      (c) Designating the basic nursing services which a nursing assistant may provide upon certification.

      6.  Any medical facility, educational institution or other organization may provide a training program if the program meets the requirements set forth in this chapter and in the regulations of the Board, and is approved by the Board. Such a program must be administered through:

      (a) The Nevada System of Higher Education;

      (b) A program for career and technical education approved by the State Board [for Career and Technical] of Education;

      (c) A public school in this State; or

      (d) Any other nationally recognized body or agency authorized by law to accredit or approve such programs.

      7.  An educational institution or agency that administers a training program shall:

      (a) Develop or approve the curriculum for training provided in its service district;

      (b) Manage the training program; and

      (c) Work with medical and other facilities to carry out the requirements of paragraphs (a) and (b).

      Sec. 27. (Deleted by amendment.)

      Sec. 28.  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. 29.  1.  Any administrative regulations adopted by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in force until amended by the officer, agency or other entity to which the responsibility for the adoption of the regulations has been transferred.

      2.  Any contracts or other agreements entered into by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity are binding upon the officer, agency or other entity to which the responsibility for the administration of the provisions of the contract or other agreement have been transferred.

 


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ê2017 Statutes of Nevada, Page 510 (Chapter 115, SB 301)ê

 

which the responsibility for the administration of the provisions of the contract or other agreement have been transferred. Such contracts and other agreements may be enforced by the officer, agency or other entity to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.

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

      Sec. 30.  The Legislative Counsel shall:

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

      2.  In preparing supplements to the Nevada Administrative Code, substitute appropriately the name of any agency, officer or instrumentality of the State whose name is changed by this act for the name which the agency, officer or instrumentality previously used.

      Sec. 31. NRS 388.330, 388.350, 388.370 and 388.5237 are hereby repealed.

      Sec. 32.  This act becomes effective on July 1, 2017.

________

CHAPTER 116, SB 362

Senate Bill No. 362–Senators Cannizzaro, Manendo, Ratti, Spearman, Ford; Atkinson, Cancela, Farley, Parks, Segerblom and Woodhouse

 

CHAPTER 116

 

[Approved: May 24, 2017]

 

AN ACT relating to crimes; revising the definition of the term “crime related to racketeering” to include certain offenses; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes various unlawful acts relating to racketeering activity and provides that any person who commits such an act 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 5 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $25,000 or, in lieu of such a fine, by an alternate fine and the payment of court costs and reasonable costs of the investigation and prosecution. (NRS 207.400, 207.410) Existing law generally defines the term “racketeering activity” as engaging in at least two crimes related to racketeering that meet certain requirements. (NRS 207.390) Existing law also defines the term “crime related to racketeering” as the commission of, attempt to commit or conspiracy to commit certain specified crimes. (NRS 207.360)

      This bill revises the definition of the term “crime related to racketeering” to include: (1) forgery of a credit card or debit card; (2) obtaining and using personal identifying information of another person; and (3) establishing or possessing a financial forgery laboratory.

 


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ê2017 Statutes of Nevada, Page 511 (Chapter 116, SB 362)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 207.360 is hereby amended to read as follows:

      207.360  “Crime related to racketeering” means the commission of, attempt to commit or conspiracy to commit any of the following crimes:

      1.  Murder;

      2.  Manslaughter, except vehicular manslaughter as described in NRS 484B.657;

      3.  Mayhem;

      4.  Battery which is punished as a felony;

      5.  Kidnapping;

      6.  Sexual assault;

      7.  Arson;

      8.  Robbery;

      9.  Taking property from another under circumstances not amounting to robbery;

      10.  Extortion;

      11.  Statutory sexual seduction;

      12.  Extortionate collection of debt in violation of NRS 205.322;

      13.  Forgery [;] , including, without limitation, forgery of a credit card or debit card in violation of NRS 205.740;

      14.  Obtaining and using personal identifying information of another person in violation of NRS 205.463;

      15.  Establishing or possessing a financial forgery laboratory in violation of NRS 205.46513;

      16.  Any violation of NRS 199.280 which is punished as a felony;

      [15.]17.  Burglary;

      [16.]18.  Grand larceny;

      [17.]19.  Bribery or asking for or receiving a bribe in violation of chapter 197 or 199 of NRS which is punished as a felony;

      [18.]20.  Battery with intent to commit a crime in violation of NRS 200.400;

      [19.]21.  Assault with a deadly weapon;

      [20.]22.  Any violation of NRS 453.232, 453.316 to 453.3395, inclusive, except a violation of NRS 453.3393, or NRS 453.375 to 453.401, inclusive;

      [21.]23.  Receiving or transferring a stolen vehicle;

      [22.]24.  Any violation of NRS 202.260, 202.275 or 202.350 which is punished as a felony;

      [23.]25.  Any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;

      [24.]26.  Receiving, possessing or withholding stolen goods valued at $650 or more;

      [25.]27.  Embezzlement of money or property valued at $650 or more;

      [26.]28.  Obtaining possession of money or property valued at $650 or more, or obtaining a signature by means of false pretenses;

      [27.]29.  Perjury or subornation of perjury;

      [28.]30.  Offering false evidence;

      [29.]31.  Any violation of NRS 201.300, 201.320 or 201.360;

 


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ê2017 Statutes of Nevada, Page 512 (Chapter 116, SB 362)ê

 

      [30.]32.  Any violation of NRS 90.570, 91.230 or 686A.290, or insurance fraud pursuant to NRS 686A.291;

      [31.]33.  Any violation of NRS 205.506, 205.920 or 205.930;

      [32.]34.  Any violation of NRS 202.445 or 202.446;

      [33.]35.  Any violation of NRS 205.377;

      [34.]36.  Involuntary servitude in violation of any provision of NRS 200.463 or 200.464 or a violation of any provision of NRS 200.465; or

      [35.]37.  Trafficking in persons in violation of any provision of NRS 200.467 or 200.468.

________

CHAPTER 117, SB 412

Senate Bill No. 412–Senator Atkinson

 

CHAPTER 117

 

[Approved: May 24, 2017]

 

AN ACT relating to telecommunications; authorizing the Public Utilities Commission of Nevada to terminate a contract entered into with an independent administrator to certify or recertify the eligibility of customers for lifeline service when the National Lifeline Eligibility Verifier is able to provide such service; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires certain providers of telecommunication services in this State to provide discounted rates for telecommunications service to certain certified customers pursuant to the lifeline service which is defined by federal law. (NRS 704.040, 704.6873, 707.400-707.500) Under existing law an independent administrator is required to certify or recertify the eligibility of a customer of a provider for lifeline service. (NRS 704.040)

      Section 1 of this bill authorizes the Public Utilities Commission of Nevada to terminate the certification service of an independent administrator when the National Lifeline Eligibility Verifier established by the Federal Communications Commission is able to provide such certification service to the providers of telecommunication services in this State. (47 C.F.R. §§ 54.400 et seq.) Section 2 of this bill provides the National Lifeline Eligibility Verifier access to a database created and maintained by the Department of Health and Human Services for the exclusive purpose of determining or verifying the status of an eligible customer.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 704.040 is hereby amended to read as follows:

      704.040  1.  Every public utility shall furnish reasonably adequate service and facilities. Subject to the provisions of subsection 3, the charges made for any service rendered or to be rendered, or for any service in connection therewith or incidental thereto, must be just and reasonable.

      2.  Every unjust and unreasonable charge for service of a public utility is unlawful.

 


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ê2017 Statutes of Nevada, Page 513 (Chapter 117, SB 412)ê

 

      3.  Except as otherwise provided in NRS 704.68861 to 704.68887, inclusive:

      (a) A competitive supplier is exempt from any provision of this chapter governing the rates, prices, terms and conditions of any telecommunication service.

      (b) A small-scale provider of last resort is subject to the provisions of this chapter, NRS 427A.797 and chapter 707 of NRS.

      4.  All telecommunication providers which offer the same or similar service must be subject to fair and impartial regulation, to promote adequate, economical and efficient service.

      5.  To maintain the availability of telephone service in accordance with the regulations adopted pursuant to NRS 704.6873, the Commission shall provide for the levy and collection of a uniform and equitable assessment, in an amount determined by the Commission, from all persons furnishing intrastate telecommunication service or the functional equivalent of such service through any form of telephony technology, unless the levy and collection of the assessment with regard to a particular form of technology is prohibited by federal law. Assessments levied and collected pursuant to this subsection must be maintained in a separate fund established by the Commission. The Commission shall contract with an independent administrator to administer the fund pursuant to open competitive bidding procedures established by the Commission. The independent administrator shall collect the assessments levied and distribute them from the fund pursuant to a plan which has been approved by the Commission.

      6.  The Commission shall by regulation establish:

      (a) The procedure for contracting with an independent administrator who will certify or recertify the eligibility of customers for lifeline service as defined in NRS 707.450, including:

             (1) The selection of the independent administrator pursuant to open competitive bidding procedures established by the Commission; and

             (2) The duties of the independent administrator which must be promulgated in advance of conducting the initial request for proposal for the independent administrator.

      (b) The duties of the independent administrator which must:

             (1) Be determined by criteria adopted by the Commission or the Federal Communications Commission;

             (2) Provide for the independent administrator to be able to accomplish all functions necessary for interfacing with the National Lifeline Accountability Database when it is established and operational pursuant to 47 C.F.R. § 54.404 and any other national eligibility database for eligible telecommunication providers; and

             (3) Require the independent administrator to be responsible for informing eligible telecommunication providers of the status of their customers’ eligibility to receive lifeline service as defined in NRS 707.450.

      7.  To implement the requirements of subsections 5 and 6, the Commission:

      (a) May select a single entity to perform the duties of subsections 5 and 6; [and]

      (b) Is authorized to use the fund set forth in subsection 5 for the sole purpose of maintaining the availability of telephone service as set forth in subsections 5 and 6 [.] ; and

 


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ê2017 Statutes of Nevada, Page 514 (Chapter 117, SB 412)ê

 

      (c) May, in accordance with the terms of a contract entered into with an independent administrator pursuant to subsection 6, terminate the service to certify or recertify the eligibility of customers for lifeline service, as defined in NRS 707.450, if the National Lifeline Eligibility Verifier, as defined in 47 C.F.R. § 54.400, is able to certify and recertify the eligibility of customers in this State for lifeline service.

      Sec. 2. NRS 707.485 is hereby amended to read as follows:

      707.485  1.  Until an independent administrator is selected pursuant to NRS 704.040 [,] or the National Lifeline Eligibility Verifier, is able to certify and recertify the eligibility of customers in this State for lifeline service, an eligible provider may access any database, if one exists, that is created and maintained by the Department for the exclusive purpose of determining or verifying the status of an eligible customer. Such access by an eligible provider is subject to the rules and regulations of the Department and is prohibited:

      (a) For any purpose other than the purpose described in this subsection; and

      (b) After an independent administrator is selected pursuant to NRS 704.040 and the independent administrator is able to inform eligible providers of the status of their customers’ eligibility to receive lifeline service [.] or the National Lifeline Eligibility Verifier, is able to certify and recertify the eligibility of customers in this State for lifeline service.

      2.  An independent administrator selected pursuant to NRS 704.040 or the National Lifeline Eligibility Verifier, as applicable, may access any database described in subsection 1 and, to the extent authorized by state and federal law, access any other database, if one exists, that is created and maintained by any other state agency for the exclusive purpose of determining or verifying the status of an eligible customer.

      3.  As used in this section, “National Lifeline Eligibility Verifier” has the meaning ascribed to it in 47 C.F.R. § 54.400.

________

 

 

 

 

 

 

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 515ê

 

CHAPTER 118, AB 452

Assembly Bill No. 452–Committee on Commerce and Labor

 

CHAPTER 118

 

[Approved: May 24, 2017]

 

AN ACT relating to energy; directing the Legislative Committee on Energy to conduct an interim study on energy choice; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Legislative Committee on Energy and directs the Committee to take a variety of actions with respect to matters related to energy policy within this State. (NRS 218E.800-218E.815) This bill requires the Committee to conduct a study during the 2017-2018 interim concerning energy choice. The study must include: (1) consideration of any issue, policy or requirement identified in Ballot Question No. 3, the Energy Choice Initiative, approved by the voters at the 2016 general election; and (2) a review of the work of the Governor’s Committee on Energy Choice established by the Governor after the voters’ approval of the Energy Choice Initiative.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Legislature hereby finds and declares that:

      1.  At the general election on November 8, 2016, the voters of this State approved Ballot Question No. 3, the Energy Choice Initiative, which, if also approved by the voters at the 2018 general election, will amend Article 1 of the Nevada Constitution to:

      (a) Declare that it is the policy of this State that electricity markets be open and competitive;

      (b) Establish a right for each person and commercial, governmental or other entity to choose the provider of its electric utility service; and

      (c) Require the Legislature by July 1, 2023, to provide by law for provisions to establish an open, competitive retail electric energy market, ensure that protections are established that entitle customers to safe, reliable and competitively priced electricity and prohibit the grant of monopolies and exclusive franchises for the generation of electricity.

      2.  On February 9, 2017, the Governor issued Executive Order 2017-03 establishing the Governor’s Committee on Energy Choice and requiring the Committee to:

      (a) Identify the legal, policy and procedural issues that need to be resolved, and offer suggestions and proposals for legislative, regulatory and executive actions that need to be taken, for the effective and efficient implementation of the Energy Choice Initiative;

      (b) Review, evaluate and develop written plans for the full implementation of energy choice by 2023 in the event that the Energy Choice Initiative is again approved by a vote of the people in 2018; and

      (c) Submit to the Governor a report that includes such plans not later than August 10, 2018.

 


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ê2017 Statutes of Nevada, Page 516 (Chapter 118, AB 452)ê

 

      Sec. 2.  1.  The Legislative Committee on Energy shall conduct a study during the 2017-2018 interim concerning energy choice. The study must include, without limitation:

      (a) Consideration of any issue, policy or requirement identified in 2016 Ballot Question No. 3, the Energy Choice Initiative; and

      (b) A review of the work of the Governor’s Committee on Energy Choice, including, without limitation, any legal, policy or procedural issue identified by the Governor’s Committee on Energy Choice, any suggestion or proposal for legislative, regulatory or executive action made by the Governor’s Committee on Energy Choice, any plan developed by the Governor’s Committee on Energy Choice and any report submitted to the Governor by the Governor’s Committee on Energy Choice.

      2.  The Legislative Committee on Energy shall, on or before February 1, 2019, submit a report of its findings and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmittal to the 80th Session of the Nevada Legislature.

________

CHAPTER 119, SB 313

Senate Bill No. 313–Senator Denis

 

CHAPTER 119

 

[Approved: May 24, 2017]

 

AN ACT relating to libraries; requiring a library foundation to comply with certain provisions relating to open meetings and public records; exempting a library foundation from the taxes on transfers of real property; authorizing the trustees of certain libraries to enter into a lease or lease-purchase agreement respecting certain property and to convey property for the purpose of such an agreement; revising provisions governing gift funds of certain public libraries; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the trustees of a consolidated, county, district or town library or the governing authority of a city library to establish with the county or city treasurer, as applicable, a gift fund containing money received by the library through gift, bequest or devise, and any interest earned thereon. The trustees or governing authority are authorized to invest or reinvest some or all of the money in the gift fund or use the money for the construction of new library buildings, capital improvements to library buildings, special library services or other library purposes. (NRS 379.026, 379.106) Sections 6 and 8 of this bill authorize the trustees or governing authority to establish a gift fund with a financial institution and to include additional money of the library in the gift fund to supplement or match a gift, bequest or devise in the gift fund. Sections 6 and 8 also authorize the trustees or governing authority to transfer money from the gift fund to a tax-exempt library foundation which is organized and operated primarily for the support of the library. Sections 6 and 8 require that money transferred to a library foundation from a gift fund be used solely for the support of the library for which the gift fund was established. Sections 3, 9 and 11 of this bill require a library foundation to comply with existing law governing open meetings and public records, but do not require a library foundation to disclose the name of contributors. Sections 3 and 12 of this bill exempt a library foundation from taxes on the transfer of real property.

 


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      Existing law requires the trustees of a consolidated, county, city, district or town library to acquire and hold real and personal property for the library and to manage that property. (NRS 379.025, 379.105) Sections 5 and 7 of this bill authorize the trustees of a consolidated, county, city, district or town library to enter into a lease or lease-purchase agreement respecting real or personal property for the library and to convey property for that purpose. Sections 5 and 7 require compliance with the prevailing wage requirements with respect to any improvement involved in such an agreement.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 379 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. “Library foundation” means a nonprofit corporation, association or institution or a charitable organization that is:

      1.  Organized and operated primarily for the support of a public library;

      2.  Formed pursuant to the laws of this State; and

      3.  Exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).

      Sec. 3. 1.  A library foundation:

      (a) Shall comply with the provisions of chapter 241 of NRS;

      (b) Except as otherwise provided in subsection 2, shall make its records public and open to inspection pursuant to NRS 239.010;

      (c) Is exempt from the taxes imposed by NRS 375.020, 375.023 and 375.026 pursuant to subsection 14 of NRS 375.090; and

      (d) May allow a trustee or the executive director or other head administrator, or a designee thereof, of the library which it supports to serve as a member of its governing body.

      2.  A library foundation is not required to disclose the name of any contributor or potential contributor to the library foundation, the amount of his or her contribution or any information which may reveal or lead to the discovery of his or her identity. The library foundation shall, upon request, allow a contributor to examine, during regular business hours, any record, document or other information of the library foundation relating to that contributor.

      Sec. 4. NRS 379.005 is hereby amended to read as follows:

      379.005  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 379.0051 to 379.0059, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 5. NRS 379.025 is hereby amended to read as follows:

      379.025  1.  Except as otherwise provided in subsection 2, the trustees of any consolidated, county, district, town or other public library, and their successors, shall:

      (a) Establish, supervise and maintain a library.

      (b) Appoint, evaluate the performance of and, if necessary, dismiss a librarian or, in the case of a consolidated library district, an executive director.

      (c) Hold and possess the property and effects of the library in trust for the public.

 


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      (d) In the case of a county library, submit annual budgets to the board of county commissioners, containing detailed estimates of the amount of money necessary for the operation and management of the library for the next succeeding year.

      (e) In the case of a consolidated, district or town library, prepare annual budgets in accordance with NRS 354.470 to 354.626, inclusive.

      (f) In the case of a consolidated library district:

             (1) Administer any separate account established pursuant to NRS 354.603.

             (2) Annually submit a budget to the board of county commissioners and governing body of the city for joint review and recommendation, which must contain detailed priorities and estimates of the amount of money necessary for the operation and management of the consolidated library district for the next succeeding year. Unless a majority of the members of the board of county commissioners and a majority of the members of the governing body of the city reject the budget within 21 days after it is submitted to them, the trustees shall cause copies of the final budget to be submitted to the board of county commissioners for attachment to the copy of the final budget for the county which is filed pursuant to NRS 354.59801, and to the governing body of the city for attachment to the copy of the final budget for the city which is filed pursuant to NRS 354.59801. If the budget is so rejected, the trustees shall resubmit a revised budget for joint review pursuant to this subparagraph.

             (3) Submit quarterly reports to the board of county commissioners and governing body of the city concerning the budget and the programs of the library, and provide any additional information requested by either governing body as soon as is reasonably practicable after receiving the request.

      (g) In the case of a district library, administer any separate account established pursuant to NRS 354.603.

      (h) Establish bylaws and regulations for the management of the library and their own management.

      (i) Manage all the property, real and personal, of the library.

      (j) Acquire and hold real and personal property, by gift, purchase or bequest, for the library.

      (k) Administer any trust declared or created for the library.

      (l) Maintain or defend any action in reference to the property or affairs of the library.

      2.  The trustees may:

      (a) Make purchases and secure rooms.

      (b) Authorize the merger or, subject to the limitations in NRS 379.0221, the consolidation of a town or city library with a county library district.

      (c) Invest the money in the appropriate library fund in accordance with the provisions of chapter 355 of NRS.

      (d) Enter into a lease or lease-purchase agreement respecting real or personal property.

      (e) Convey property to a person where the purpose of the conveyance is the entering into of an agreement contemplated by paragraph (d).

      (f) Do all acts necessary for the orderly and efficient management and control of the library.

 


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      3.  If a lease or lease-purchase agreement entered into pursuant to paragraph (d) of subsection 2 involves the construction, alteration, repair or remodeling of an improvement:

      (a) Any person or entity that executes one or more contracts or agreements for the actual construction, alteration, repair or remodeling of the improvement shall include in such a contract or agreement the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to the provisions of NRS 338.013 to 338.090, inclusive.

      (b) The trustees, the owner of the improvement or proposed improvement, any contractor who is awarded a contract or entered into an agreement to perform the construction, alteration, repair or remodeling of the improvement and any subcontractor on the project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the trustees had undertaken the project or had awarded the contract.

      4.  The trustees shall, as a primary goal of the consolidated library district, provide the library facilities, resources and trained staff to meet the informational needs of all residents of the district.

      Sec. 6. NRS 379.026 is hereby amended to read as follows:

      379.026  1.  The trustees of any consolidated, county, district or town library may establish with any financial institution or the county treasurer, as custodian, a special fund, to be known as the gift fund of the ........ consolidated library, the gift fund of the county library, the gift fund of the ........ district library or the gift fund of the ........ town library, as the case may be. The money in such a fund must be derived from all or any part of any gift, bequest or devise, including the interest thereon [.] , and any additional money of the library that is needed to supplement or match any gift, bequest or devise in the gift fund. The fund must be a separate and continuing fund and no money in the fund reverts to the general fund of the county at any time.

      2.  The money in a gift fund of a library may be used for construction of new library buildings, capital improvements to library buildings, special library services or other library purposes. No expenditure from a gift fund of a library may be made until authorized by the trustees.

      3.  The trustees may invest or reinvest all or part of the money in the gift fund of a library in any investment authorized for city and county money under chapter 355 of NRS.

      4.  The trustees may transfer all or part of the money in any gift fund of a library to a library foundation to be used solely for the support of the library.

      Sec. 7. NRS 379.105 is hereby amended to read as follows:

      379.105  1.  The governing body of the city shall determine whether:

      (a) To constitute itself the governing authority of the city library; or

      (b) To appoint a board of trustees as such governing authority.

      2.  If library trustees are appointed, they and their successors shall:

      (a) Establish, supervise and maintain a library.

      (b) Appoint a librarian.

      (c) Hold and possess the property and effects of the library in trust for the public.

      (d) Submit annual budgets to the governing body of the city, containing detailed estimates of the amount of money necessary for the operation and management of the library for the next succeeding year.

 


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      (e) Establish bylaws and regulations for the management of the library and their own management.

      (f) Manage all the property, real and personal, of the library.

      (g) Acquire and hold real and personal property, by gift, purchase or bequest, for the library.

      (h) Administer any trust declared or created for the library.

      (i) Maintain or defend any action in reference to the property or affairs of the library.

      3.  If appointed, the library trustees may:

      (a) Make purchases and secure rooms.

      (b) Authorize the merger of a city library with a county library district.

      (c) Enter into a lease or lease-purchase agreement respecting real or personal property.

      (d) Convey property to a person where the purpose of the conveyance is the entering into of an agreement contemplated by paragraph (c).

      (e) Do all acts necessary for the orderly and efficient management and control of the library.

      4.  If a lease or lease-purchase agreement entered into pursuant to paragraph (c) of subsection 3 involves the construction, alteration, repair or remodeling of an improvement:

      (a) Any person or entity that executes one or more contracts or agreements for the actual construction, alteration, repair or remodeling of the improvement shall include in such a contract or agreement the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to the provisions of NRS 338.013 to 338.090, inclusive.

      (b) The library trustees, the owner of the improvement or proposed improvement, any contractor who is awarded a contract or entered into an agreement to perform the construction, alteration, repair or remodeling of the improvement and any subcontractor on the project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the library trustees had undertaken the project or had awarded the contract.

      5.  The governing authority has all the powers and duties with respect to the city library that district library trustees have with respect to a district library.

      Sec. 8. NRS 379.106 is hereby amended to read as follows:

      379.106  1.  The governing authority of any city library is authorized to establish with any financial institution or the city treasurer, as custodian, a special fund, known as the “................ city library gift fund.” The moneys in such fund must be derived from all or any part of any gift, bequest or devise, including the interest thereon [.] , and any additional money of the city library that is needed to supplement or match any gift, bequest or devise in the gift fund. The gift fund is a separate and continuing fund and no moneys in it revert to the general fund of the city at any time.

      2.  The moneys in a city library gift fund may be used for construction of new library buildings, capital improvements to library buildings, special library services, or other library purposes. No expenditure from a city library gift fund may be made until authorized by the governing authority.

      3.  The governing authority of a city library may invest or reinvest all or part of the moneys in the city library gift fund in any investment authorized for city and county moneys under chapter 355 of NRS.

 


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      4.  The governing authority of a city library may transfer all or part of the moneys in a city library gift fund to a library foundation to be used solely for the support of the city library.

      Sec. 9. NRS 239.005 is hereby amended to read as follows:

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

      1.  “Actual cost” means the direct cost related to the reproduction of a public record. The term does not include a cost that a governmental entity incurs regardless of whether or not a person requests a copy of a particular public record.

      2.  “Agency of the Executive Department” means an agency, board, commission, bureau, council, department, division, authority or other unit of the Executive Department of the State Government. The term does not include the Nevada System of Higher Education.

      3.  “Committee” means the Committee to Approve Schedules for the Retention and Disposition of Official State Records.

      4.  “Division” means the Division of State Library, Archives and Public Records of the Department of Administration.

      5.  “Governmental entity” means:

      (a) An elected or appointed officer of this State or of a political subdivision of this State;

      (b) An institution, board, commission, bureau, council, department, division, authority or other unit of government of this State, including, without limitation, an agency of the Executive Department, or of a political subdivision of this State;

      (c) A university foundation, as defined in NRS 396.405; [or]

      (d) An educational foundation, as defined in NRS 388.750, to the extent that the foundation is dedicated to the assistance of public schools [.] ; or

      (e) A library foundation, as defined in section 2 of this act, to the extent that the foundation is dedicated to the assistance of a public library.

      6.  “Official state record” includes, without limitation:

      (a) Papers, unpublished books, maps and photographs;

      (b) Information stored on magnetic tape or computer, laser or optical disc;

      (c) Materials that are capable of being read by a machine, including, without limitation, microforms and audio and visual materials; and

      (d) Materials that are made or received by a state agency and preserved by that agency or its successor as evidence of the organization, operation, policy or any other activity of that agency or because of the information contained in the material.

      7.  “Privatization contract” means a contract executed by or on behalf of a governmental entity which authorizes a private entity to provide public services that are:

      (a) Substantially similar to the services provided by the public employees of the governmental entity; and

      (b) In lieu of the services otherwise authorized or required to be provided by the governmental entity.

      Sec. 10. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 41.071, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.

 


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88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 130.712, 136.050, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 3 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.

 


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692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 3 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

      2.  A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

      3.  A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

      4.  A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:

      (a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.

      (b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.

      Sec. 11. NRS 241.015 is hereby amended to read as follows:

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

      1.  “Action” means:

      (a) A decision made by a majority of the members present, whether in person or by means of electronic communication, during a meeting of a public body;

      (b) A commitment or promise made by a majority of the members present, whether in person or by means of electronic communication, during a meeting of a public body;

      (c) If a public body may have a member who is not an elected official, an affirmative vote taken by a majority of the members present, whether in person or by means of electronic communication, during a meeting of the public body; or

      (d) If all the members of a public body must be elected officials, an affirmative vote taken by a majority of all the members of the public body.

      2.  “Deliberate” means collectively to examine, weigh and reflect upon the reasons for or against the action. The term includes, without limitation, the collective discussion or exchange of facts preliminary to the ultimate decision.

 


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      3.  “Meeting”:

      (a) Except as otherwise provided in paragraph (b), means:

             (1) The gathering of members of a public body at which a quorum is present, whether in person or by means of electronic communication, to deliberate toward a decision or to take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.

             (2) Any series of gatherings of members of a public body at which:

                   (I) Less than a quorum is present, whether in person or by means of electronic communication, at any individual gathering;

                   (II) The members of the public body attending one or more of the gatherings collectively constitute a quorum; and

                   (III) The series of gatherings was held with the specific intent to avoid the provisions of this chapter.

      (b) Does not include a gathering or series of gatherings of members of a public body, as described in paragraph (a), at which a quorum is actually or collectively present, whether in person or by means of electronic communication:

             (1) Which occurs at a social function if the members do not deliberate toward a decision or take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.

             (2) To receive information from the attorney employed or retained by the public body regarding potential or existing litigation involving a matter over which the public body has supervision, control, jurisdiction or advisory power and to deliberate toward a decision on the matter, or both.

      4.  Except as otherwise provided in NRS 241.016, “public body” means:

      (a) Any administrative, advisory, executive or legislative body of the State or a local government consisting of at least two persons which expends or disburses or is supported in whole or in part by tax revenue or which advises or makes recommendations to any entity which expends or disburses or is supported in whole or in part by tax revenue, including, but not limited to, any board, commission, committee, subcommittee or other subsidiary thereof and includes a library foundation as defined in section 2 of this act, an educational foundation as defined in subsection 3 of NRS 388.750 and a university foundation as defined in subsection 3 of NRS 396.405, if the administrative, advisory, executive or legislative body is created by:

             (1) The Constitution of this State;

             (2) Any statute of this State;

             (3) A city charter and any city ordinance which has been filed or recorded as required by the applicable law;

             (4) The Nevada Administrative Code;

             (5) A resolution or other formal designation by such a body created by a statute of this State or an ordinance of a local government;

             (6) An executive order issued by the Governor; or

             (7) A resolution or an action by the governing body of a political subdivision of this State;

      (b) Any board, commission or committee consisting of at least two persons appointed by:

             (1) The Governor or a public officer who is under the direction of the Governor, if the board, commission or committee has at least two members who are not employees of the Executive Department of the State Government;

 


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             (2) An entity in the Executive Department of the State Government consisting of members appointed by the Governor, if the board, commission or committee otherwise meets the definition of a public body pursuant to this subsection; or

             (3) A public officer who is under the direction of an agency or other entity in the Executive Department of the State Government consisting of members appointed by the Governor, if the board, commission or committee has at least two members who are not employed by the public officer or entity; and

      (c) A limited-purpose association that is created for a rural agricultural residential common-interest community as defined in subsection 6 of NRS 116.1201.

      5.  “Quorum” means a simple majority of the membership of a public body or another proportion established by law.

      6.  “Working day” means every day of the week except Saturday, Sunday and any day declared to be a legal holiday pursuant to NRS 236.015.

      Sec. 12. NRS 375.090 is hereby amended to read as follows:

      375.090  The taxes imposed by NRS 375.020, 375.023 and 375.026 do not apply to:

      1.  A mere change in identity, form or place of organization, such as a transfer between a business entity and its parent, its subsidiary or an affiliated business entity if the affiliated business entity has identical common ownership.

      2.  A transfer of title to the United States, any territory or state or any agency, department, instrumentality or political subdivision thereof.

      3.  A transfer of title recognizing the true status of ownership of the real property, including, without limitation, a transfer by an instrument in writing pursuant to the terms of a land sale installment contract previously recorded and upon which the taxes imposed by this chapter have been paid.

      4.  A transfer of title without consideration from one joint tenant or tenant in common to one or more remaining joint tenants or tenants in common.

      5.  A transfer, assignment or other conveyance of real property if the owner of the property is related to the person to whom it is conveyed within the first degree of lineal consanguinity or affinity.

      6.  A transfer of title between former spouses in compliance with a decree of divorce.

      7.  A transfer of title to or from a trust without consideration if a certificate of trust is presented at the time of transfer.

      8.  Transfers, assignments or conveyances of unpatented mines or mining claims.

      9.  A transfer, assignment or other conveyance of real property to a corporation or other business organization if the person conveying the property owns 100 percent of the corporation or organization to which the conveyance is made.

      10.  A conveyance of real property by deed which becomes effective upon the death of the grantor pursuant to NRS 111.655 to 111.699, inclusive.

      11.  The making, delivery or filing of conveyances of real property to make effective any plan of reorganization or adjustment:

      (a) Confirmed under the Bankruptcy Act, as amended, 11 U.S.C. §§ 101 et seq.;

 


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      (b) Approved in an equity receivership proceeding involving a railroad, as defined in the Bankruptcy Act; or

      (c) Approved in an equity receivership proceeding involving a corporation, as defined in the Bankruptcy Act,

Ê if the making, delivery or filing of instruments of transfer or conveyance occurs within 5 years after the date of the confirmation, approval or change.

      12.  A transfer to an educational foundation. As used in this subsection, “educational foundation” has the meaning ascribed to it in subsection 3 of NRS 388.750.

      13.  A transfer to a university foundation. As used in this subsection, “university foundation” has the meaning ascribed to it in subsection 3 of NRS 396.405.

      14.  A transfer to a library foundation. As used in this subsection, “library foundation” has the meaning ascribed to it in section 2 of this act.

      Sec. 13.  This act becomes effective upon passage and approval.

________

CHAPTER 120, SB 53

Senate Bill No. 53–Committee on Transportation

 

CHAPTER 120

 

[Approved: May 25, 2017]

 

AN ACT relating to telecommunications facilities; revising the duties of the Director of the Office of Science, Innovation and Technology relating to broadband services, telehealth services, fiber infrastructure and the fiber conduit trade policy; authorizing the Department of Transportation to grant longitudinal access and wireless access to certain rights-of-way owned by the Department to certain telecommunications providers to construct and install telecommunications facilities; requiring certain telecommunications providers to enter into agreements with the Department to fairly compensate the Department for longitudinal access and wireless access to certain rights-of-way; providing for monetary and in-kind compensation to the Department for longitudinal access and wireless access to certain rights-of-way; authorizing the Department to enter into agreements with certain telecommunications providers for the use of spare conduit and related facilities owned by the Department; establishing procedures for the valuation of certain types of in-kind compensation paid by certain telecommunications providers; creating the Telecommunications Advisory Council within the Department; authorizing the Department to adopt regulations relating to the granting of longitudinal access and wireless access to certain rights-of-way to telecommunications providers; and providing other matters properly relating thereto.

 

 


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Legislative Counsel’s Digest:

      Existing law establishes the Office of Science, Innovation and Technology in the Office of the Governor and sets forth the duties of the Director of the Office of Science, Innovation and Technology. (NRS 223.600, 223.610) Section 1 of this bill revises the duties of the Director to include, without limitation: (1) developing a strategic plan for the use of broadband services in this State; (2) applying for state and federal funding to expand broadband services in this State; (3) expanding telehealth services to increase access to health care in this State; (4) expanding fiber infrastructure in this State for the benefit of public safety; and (5) administering the fiber trade policy for fiber optic infrastructure in this State.

      Existing law generally provides the Department of Transportation authority to construct, improve and maintain highways in this State. (Chapter 408 of NRS) Section 17 of this bill authorizes the Department to grant longitudinal access and wireless access to a Department right-of-way to a telecommunications provider for the installation, operation and maintenance of a telecommunications facility. Sections 17 and 23 of this bill require a telecommunications provider seeking longitudinal access or wireless access to such a right-of-way to enter into an agreement with the Department that is approved by the Telecommunications Advisory Council created by section 25 of this bill and obtain a permit from the Department. In addition, section 17 requires that a telecommunications provider fairly compensate the Department for access to the right-of-way, either monetarily or by in-kind compensation.

      Section 22 of this bill sets forth the types of in-kind compensation that may be paid to the Department of Transportation, as well as how the value of each type of in-kind compensation is calculated. Section 18 of this bill prohibits the Department from granting any longitudinal access or wireless access to a right-of-way if it would compromise the safe use of any roadway in this State. Section 20 of this bill requires that any monetary compensation collected by the Department be credited to the State Highway Fund. Section 26 of this bill authorizes the Department to adopt regulations: (1) relating to the installation, operation and maintenance of telecommunications facilities constructed in a right-of-way owned by the Department; (2) establishing policies and procedures for agreements entered into between the Department and telecommunications providers; and (3) establishing rates of compensation for longitudinal access to rights-of-way owned by the Department.

      Section 21 of this bill authorizes the Department of Transportation to grant a telecommunications provider the use of and access to spare conduit and related facilities of the Department if the Department: (1) determines that such spare conduit and related facilities are not needed for highway purposes; (2) is fairly compensated for such use of and access to the spare conduit and related facilities; and (3) offers such use and access in a competitively neutral and nondiscriminatory manner to all similarly situated telecommunications providers. Section 21 also requires that any compensation paid to the Department for use of its spare conduit and related facilities be detailed in the agreement entered into between the Department and the telecommunications provider.

      Section 28 of this bill requires the Director of the Department of Transportation to coordinate with telecommunications providers for the efficient installation and maintenance of telecommunications facilities in rights-of-way owned by the Department based on the type of highway on which the right-of-way exists.

      Section 25 of this bill creates the Telecommunications Advisory Council within the Department of Transportation. Section 25 also establishes the membership of the Council, as well as its duties within the Department relating to telecommunications services in this State.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 223.610 is hereby amended to read as follows:

      223.610  The Director of the Office of Science, Innovation and Technology shall:

      1.  Advise the Governor and the Executive Director of the Office of Economic Development on matters relating to science, innovation and technology.

      2.  Work in coordination with the Office of Economic Development to establish criteria and goals for economic development and diversification in this State in the areas of science, innovation and technology.

      3.  As directed by the Governor, identify, recommend and carry out policies related to science, innovation and technology.

      4.  Report periodically to the Executive Director of the Office of Economic Development concerning the administration of the policies and programs of the Office of Science, Innovation and Technology.

      5.  Coordinate activities in this State relating to the planning, mapping and procurement of broadband service [.] in a competitively neutral and nondiscriminatory manner, which must include, without limitation:

      (a) Development of a strategic plan to improve the delivery of broadband services in this State to schools, libraries, providers of health care, transportation facilities, prisons and other community facilities;

      (b) Applying for state and federal grants on behalf of eligible entities and managing state matching money that has been appropriated by the Legislature;

      (c) Coordinating and processing applications for state and federal money relating to broadband services;

      (d) Prioritizing construction projects which affect or involve the expansion or deployment of broadband services in this State;

      (e) In consultation with providers of health care from various health care settings, the expansion of telehealth services to reduce health care costs and increase health care quality and access in this State, especially in rural, unserved and underserved areas of this State;

      (f) Expansion of the fiber optic infrastructure in this State for the benefit of the public safety radio and communications systems in this State;

      (g) Collection and storage of data relating to agreements and contracts entered into by the State for the provision of fiber optic assets in this State; and

      (h) Administration of the trade policy for fiber optic infrastructure in this State.

      6.  Provide support to the Advisory Council on Science, Technology, Engineering and Mathematics and direct the implementation in this State of plans developed by the Council concerning, without limitation, workforce development, college preparedness and economic development.

      7.  In carrying out his or her duties pursuant to this section, consult with the Executive Director of the Office of Economic Development and cooperate with the Executive Director in implementing the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053.

 


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      8.  Administer such grants as are provided by legislative appropriation.

      Sec. 2. NRS 239C.060 is hereby amended to read as follows:

      239C.060  “Information system” means any [computer] equipment, facility, structure, tower, cable, line, fiber, wire, computer hardware or software, procedures or technology used to transmit, receive, produce, collect, process, distribute or store information that is related to the protection of homeland security.

      Sec. 3. NRS 239C.210 is hereby amended to read as follows:

      239C.210  1.  A document, record or other item of information described in subsection 2 that is prepared and maintained for the purpose of preventing or responding to an act of terrorism is confidential, not subject to subpoena or discovery, not subject to inspection by the general public and may only be inspected by or released to:

      (a) Public safety and public health personnel; and

      (b) Except as otherwise provided in this subsection, the Legislative Auditor conducting a postaudit pursuant to NRS 218G.010 to 218G.555, inclusive,

Ê if the Governor determines, by executive order, that the disclosure or release of the document, record or other item of information would thereby create a substantial likelihood of compromising, jeopardizing or otherwise threatening the public health, safety or welfare. Any information that is inspected by or released to the Legislative Auditor pursuant to this subsection is not subject to the exception from confidentiality set forth in NRS 218G.130. The Legislative Auditor may confirm that vulnerability assessments have been submitted to or are in the possession of a state agency that is the subject of a postaudit, but the assessments must not be inspected by or released to the Legislative Auditor. An employee of the Audit Division of the Legislative Counsel Bureau who is conducting a postaudit that includes access to documents or information subject to the provisions of this section must be properly cleared through federal criteria or state or local background investigation and instructed, trained or certified, as applicable, regarding the security sensitivity of the documents or information.

      2.  The types of documents, records or other items of information subject to executive order pursuant to subsection 1 are as follows:

      (a) Assessments, plans or records that evaluate or reveal the susceptibility of fire stations, police stations and other law enforcement stations to acts of terrorism or other related emergencies.

      (b) Drawings, maps, plans or records that reveal the critical infrastructure of primary buildings, facilities and other structures used for storing, transporting or transmitting water or electricity, natural gas or other forms of energy [.] , fiber optic cables, microwave towers or other vertical assets used for the transmission or receipt of data or communications used by response agencies and public safety and public health personnel.

      (c) Documents, records or other items of information which may reveal the details of a specific emergency response plan or other tactical operations by a response agency and any training relating to such emergency response plans or tactical operations.

      (d) Handbooks, manuals or other forms of information detailing procedures to be followed by response agencies in the event of an act of terrorism or other related emergency.

 


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      (e) Documents, records or other items of information that reveal information pertaining to specialized equipment used for covert, emergency or tactical operations of a response agency, other than records relating to expenditures for such equipment.

      (f) Documents, records or other items of information regarding critical telecommunications facilities and the infrastructure and security of radio frequencies for [radio] transmissions used by response agencies, including, without limitation:

             (1) Access codes, passwords or programs used to ensure the security of radio frequencies for [radio] transmissions used by response agencies;

             (2) Procedures and processes used to ensure the security of radio frequencies for [radio] transmissions used by response agencies; and

             (3) Plans used to re-establish security and service with respect to radio frequencies for [radio] transmissions used by response agencies after security has been breached or service has been interrupted.

      (g) Vulnerability assessments and emergency response plans of utilities, public entities and private businesses in this State. As used in this paragraph, “public entities” means departments, agencies or instrumentalities of the State, any of its political subdivisions or tribal governments. The term includes general improvement districts.

      3.  If a person knowingly and unlawfully discloses a document, record or other item of information subject to an executive order issued pursuant to subsection 1 or assists, solicits or conspires with another person to disclose such a document, record or other item of information, the person is guilty of:

      (a) A gross misdemeanor; or

      (b) A category C felony and shall be punished as provided in NRS 193.130 if the person acted with the intent to:

             (1) Commit, cause, aid, further or conceal, or attempt to commit, cause, aid, further or conceal, any unlawful act involving terrorism or sabotage; or

             (2) Assist, solicit or conspire with another person to commit, cause, aid, further or conceal any unlawful act involving terrorism or sabotage.

      4.  The Governor shall review the documents, records and other items of information determined by executive order pursuant to subsection 1 to be confidential every 10 years to assess the continued need for the documents, records and other items of information to remain confidential.

      5.  As used in this section, “public safety and public health personnel” includes:

      (a) State, county, city and tribal emergency managers;

      (b) Members and staff of terrorism early warning centers or fusion intelligence centers in this State;

      (c) Employees of fire-fighting or law enforcement agencies, if the head of the agency has designated the employee as having an operational need to know of information that is prepared or maintained for the purpose of preventing or responding to an act of terrorism; and

      (d) Employees of a public health agency, if the agency is one that would respond to a disaster and if the head of the agency has designated the employee as having an operational need to know of information that is prepared or maintained for the purpose of preventing or responding to an act of terrorism. As used in this paragraph, “disaster” has the meaning ascribed to it in NRS 414.0335.

 


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      Sec. 4. NRS 338.161 is hereby amended to read as follows:

      338.161  As used in NRS 338.161 to 338.168, inclusive, unless the context otherwise requires, “transportation facility” means a road, railroad, bridge, tunnel, overpass, conduit or other infrastructure for conveying telecommunications cable, line, fiber or wire, airport, mass transit facility, parking facility for vehicles or similar commercial facility used for the support of or the transportation of persons , information or goods, including, without limitation, any other property that is needed to operate the facility. The term does not include a toll bridge or toll road.

      Sec. 5. NRS 338.168 is hereby amended to read as follows:

      338.168  The public body may take any action necessary to obtain federal, state or local assistance for a transportation facility that it approves and may enter into any contracts required to receive such assistance. The public body shall, by resolution, determine if it serves the public purpose for all or a portion of the costs of the transportation facility to be paid, directly or indirectly, through an approved trade or other consideration or from the proceeds of a grant or loan made by the local, state or Federal Government or any agency or instrumentality thereof.

      Sec. 6. Chapter 408 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 26, inclusive, of this act.

      Sec. 7. As used in sections 7 to 26, inclusive, of this act, the words and terms defined in sections 8 to 16, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 8. “Council” means the Telecommunications Advisory Council created by section 25 of this act.

      Sec. 9. “Longitudinal access” means access to or the use of any part of a right-of-way that extends generally parallel to the right-of-way.

      Sec. 10. “Permit” means an encroachment permit issued by the Director pursuant to NRS 408.423 that specifies the requirements and conditions for performing work in a right-of-way.

      Sec. 11. “Right-of-way” means land, property or any interest therein acquired or controlled by the Department for transportation facilities or other transportation purposes.

      Sec. 12. “Statewide telecommunications purposes” means the development of the statewide network that meets the telecommunications needs of state agencies or serves another public purpose.

      Sec. 13. “Telecommunications facility” means any cable, line, fiber, wire, conduit, innerduct, access manhole, handhole, tower, hut, pedestal, pole, box, transmitting equipment, receiving equipment, power equipment or other equipment, system or device that is used to transmit, receive, produce or distribute a signal for telecommunications purposes via wireless, wireline, electronic or optical means.

      Sec. 14. “Telecommunications provider” means a telecommunications provider:

      1.  As defined in NRS 704.027;

      2.  That meets Federal Communications Commission and industry carrier class service guidelines; or

      3.  That is a political subdivision that has statutory authority to provide telecommunications services.

      Sec. 15. “Utility facility” has the meaning ascribed to it in 23 C.F.R. § 645.207.

 


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      Sec. 16. “Wireless access” means access to and use of a right-of-way for the purpose of constructing, installing, maintaining, using or operating telecommunications facilities for wireless telecommunications.

      Sec. 17. 1.  Except as otherwise provided in section 18 of this act, in addition to granting access to a right-of-way pursuant to NRS 408.423, the Department may grant to a telecommunications provider longitudinal access or wireless access to a right-of-way for the installation, operation and maintenance of a telecommunications facility.

      2.  Before granting longitudinal access or wireless access to a right-of-way pursuant to subsection 1, the Department must first enter into an agreement with a telecommunications provider that is competitively neutral and nondiscriminatory as to other telecommunications providers and issue a permit granting such access under this section. Such an agreement must be approved by the Council pursuant to section 25 of this act, and, without limitation:

      (a) Specify the terms and conditions for renegotiation of the agreement;

      (b) Set forth the maintenance requirements for each telecommunications facility;

      (c) Be nonexclusive; and

      (d) Be for a term of not more than 30 years.

      3.  Unless specifically provided for in an agreement entered into pursuant to subsection 2, the Department may not grant a property interest in a right-of-way pursuant to sections 7 to 26, inclusive, of this act.

      4.  A telecommunications provider must compensate the Department for use of spare conduit or related facilities of the Department as part of any longitudinal access or wireless access granted to a right-of-way pursuant to this section. Such compensation must be, without limitation:

      (a) Fair and reasonable;

      (b) Competitively neutral;

      (c) Nondiscriminatory;

      (d) Open to public inspection;

      (e) Measured to promote access by multiple telecommunications providers;

      (f) Calculated based on the geographic region of this State, taking into account the population and the impact on private right-of-way users in the region;

      (g) Set at an amount that encourages the deployment of digital infrastructure within this State;

      (h) Paid in cash or with in-kind compensation, or a combination of cash and in-kind compensation; and 

      (i) Paid in a lump-sum payment or in annual installments, as decided by the telecommunications provider.

      5.  For the purpose of determining the amount of compensation a telecommunications provider must pay the Department for the use of spare conduit or excess conduit or related facilities of the Department as part of any longitudinal access or wireless access granted to a right-of-way pursuant to this section, the Department shall:

      (a) Conduct an analysis once every 5 years, in accordance with the regulations of the Department, to determine the fair and reasonable value of a right-of-way to which access has been granted pursuant to this section; and

 


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      (b) If compensation is paid in-kind, in consultation with the Council, determine the value of any such in-kind compensation based on the incremental costs to the Department for the installation of conduit and related facilities, or the costs to the telecommunications provider for the installation of conduit and related facilities, as applicable.

Ê The value of in-kind compensation or a combination of money and in-kind compensation must be equal to or greater than the amount of monetary compensation that the Department would charge if the compensation were paid solely with money.

      6.  Before obtaining a permit for the construction or installation of a telecommunications facility in a right-of-way, a telecommunications provider must enter into an agreement with the Department pursuant to this section.

      Sec. 18. 1.  The Department shall not grant any longitudinal access or wireless access pursuant to section 17 of this act if such access would compromise the safe, efficient and convenient use of any road, route, highway or interstate in this State for the traveling public.

      2.  Notwithstanding any other provision of law, any longitudinal access or wireless access to a right-of-way granted by the Department pursuant to section 17 of this act does not abrogate, limit, supersede or otherwise affect such access granted or authorized pursuant to chapter 711 of NRS.

      Sec. 19. 1.  The Department shall provide for the proportionate sharing of costs between the Department and a telecommunications provider for joint trenching or trench sharing based on the amount of conduit innerduct space or excess conduit that is authorized in the agreement entered into pursuant to section 17 of this act.

      2.  If two or more telecommunications providers are required to share a single trench, each provider in the trench must share the cost and benefits of the trench in a fair, reasonable, competitively neutral and nondiscriminatory manner.

      Sec. 20. 1.  All monetary compensation collected by the Department pursuant to sections 17 and 21 of this act must be deposited in the State Highway Fund.

      2.  Any in-kind compensation received by the Department pursuant to sections 17 and 21 of this act must be used exclusively for statewide telecommunications purposes and may not be sold or leased in competition with telecommunications providers or Internet service providers. Fair and reasonable valuation of facilities owned by either the Department or a telecommunications provider offered as part of in-kind compensation must be determined by the Department and approved by the Council.

      Sec. 21. 1.  The Department may offer a telecommunications provider use of and access to its spare conduit and related facilities if the Department:

      (a) Determines the spare conduit and related facilities are not and will not be needed for highway purposes;

      (b) Receives fair compensation for the use of and access to the spare conduit and related facilities; and

      (c) Offers such use and access in a competitively neutral and nondiscriminatory manner as to all similarly situated telecommunications providers.

 


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      2.  The Department shall establish rates of compensation for the use of and access to its spare conduit to ensure that the Department receives fair compensation for the value of its underground installations of conduit and related facilities. The compensation must be fair and reasonable to both the Department and the telecommunications provider, and charged in a competitively neutral and nondiscriminatory manner to all similarly situated telecommunications providers.

      3.  Any compensation charged pursuant to this section must be set forth in an agreement entered into between the Department and the telecommunications provider.

      4.  The Department shall:

      (a) Determine the annual compensation to be paid by each telecommunications provider for use of its conduit and related facilities based on the present value of the estimated, reasonable cost to the Department of trenching to place conduit, fiber and other related facilities; and

      (b) Conduct an analysis every 5 years to determine if there are any changes in the value of its spare conduit and related facilities. If the Department determines that the value of its spare conduit or related facilities has changed, the Department must apply the new values to each agreement executed thereafter.

      5.  The Department may accept in-kind compensation for the use of and access to its spare conduit and related facilities in accordance with the valuation procedures set forth in subsection 2 of section 22 of this act.

      Sec. 22. 1.  In-kind compensation paid to the Department under an agreement entered into pursuant to section 17 or 21 of this act may include, without limitation:

      (a) Conduit or excess conduit;

      (b) Innerduct;

      (c) Dark fiber;

      (d) Access points;

      (e) Telecommunications equipment or services;

      (f) Bandwidth; and

      (g) Other telecommunications facilities.

      2.  The Department shall value any in-kind compensation as follows:

      (a) Electronic equipment, conduit, fiber and other telecommunications hardware and software must be valued on a present value basis at the estimated, reasonable cost to the telecommunications provider for procuring and installing such hardware and software.

      (b) Excess conduit, fiber and other related facilities must be valued on a present value basis of the estimated, reasonable cost to the Department for procuring and installing such facilities.

      (c) The present value of the estimated, reasonable cost to the telecommunications provider of joint trenching for placing conduit, excess conduit, fiber and other related facilities for the provider and the Department must be proportionately allocated to the Department as a component of the present value of the trenching. The proportion allocated to the Department pursuant to this paragraph must equal the total estimated, reasonable cost of the trenching work multiplied by a fraction. The numerator of the fraction must equal the amount of conduit, excess conduit or innerduct space contributed to the Department under the agreement entered into pursuant to section 17 or 21 of this act. The denominator of the fraction must equal the total amount of conduit space that the telecommunications provider is authorized to install under the agreement entered into pursuant to section 17 or 21 of this act.

 


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denominator of the fraction must equal the total amount of conduit space that the telecommunications provider is authorized to install under the agreement entered into pursuant to section 17 or 21 of this act. In measuring conduit space, single-duct conduit must be measured using the planned diameter of the conduit, and multi-duct conduit must be measured by adding the planned diameters of each innerduct in the conduit.

      (d) The present value of the estimated, reasonable cost to a telecommunications provider for providing any other telecommunications facility which is shared jointly by the provider and the Department must be proportionately allocated to the Department as a component of the present value of the in-kind compensation. The Department shall determine the proportion to be allocated to the Department pursuant to this paragraph based on the percentage of use or benefit to which each party is entitled under the agreement entered into pursuant to section 17 or 21 of this act.

      (e) The Department shall determine the present value of warranties of equipment, conduit, fiber or other components and software, maintenance covenants and operating covenants, based on the reasonable, estimated cost of purchasing such warranties and covenants from manufacturers or other third parties.

      (f) The total present value of the in-kind compensation is the sum of the present values determined in paragraphs (a) to (e), inclusive.

      3.  In determining the value of any in-kind compensation, the Department shall consider any valuation or cost information provided by the telecommunications provider.

      Sec. 23. 1.  If the Department enters into an agreement with two or more telecommunications providers, a consortium or other entity whose members, partners or other participants are two or more telecommunications providers, or, if the Department requires two or more telecommunications providers to share a single trench, the agreements entered into pursuant to section 17 or 21 of this act must require that the telecommunications providers share the obligation of compensating the Department on a fair, reasonable and equitable basis, taking into consideration the proportionate uses and benefits to be derived by each telecommunications provider from the trench, conduits and other telecommunications facilities installed under the agreements.

      2.  The provisions of subsection 1 do not prevent the Department from requiring every participating telecommunications provider from bearing joint and several liability for the obligations owed to the Department under the agreements.

      3.  Any agreement requiring two or more telecommunications providers to share the obligation of compensating the Department must provide the Department the right to review and audit the records and contracts of and among the participating providers to ensure compliance with subsection 1.

      Sec. 24. 1.  The requirements set forth in sections 7 to 26, inclusive, of this act do not alter existing policies and procedures relating to other utility facilities within a right-of-way or for accommodating utility facilities or other facilities under the control of the Department.

      2.  The Department may consider the financial and technical qualifications of a telecommunications provider when determining specific insurance requirements for contractors authorized to enter a right-of-way to construct, install, inspect, test, maintain or repair telecommunications facilities with longitudinal access or wireless access to the right-of-way.

 


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to construct, install, inspect, test, maintain or repair telecommunications facilities with longitudinal access or wireless access to the right-of-way.

      3.  If the Department authorizes longitudinal access, wireless access or the use of and access to conduit or related facilities of the Department for construction and installation of a telecommunications facility, the Department may require an approved telecommunications provider to install the telecommunications facility in the same general location as similar facilities already in place, coordinate their planning and work with other contractors performing work in the same geographic area, install in a joint trench when two or more telecommunications providers are performing installations at the same time and equitably share costs between such providers.

      4.  The placement, installation, maintenance, repair, use, operation, replacement and removal of telecommunications facilities with longitudinal access or wireless access to a right-of-way or that use or access conduit or related facilities of the Department must be accommodated only when in compliance with NRS 408.423 and any regulations adopted pursuant to this chapter.

      5.  Access to a right-of-way must be administered in compliance with the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161, as amended.

      Sec. 25. 1.  The Telecommunications Advisory Council is hereby created.

      2.  The Council consists of seven members appointed by the Governor. The Governor shall appoint to the Council:

      (a) One member from the Office of Science, Innovation and Technology in the Office of the Governor;

      (b) One member from the Department of Transportation;

      (c) One member from the Department of Education;

      (d) One member from the Nevada Office of Rural Health;

      (e) One member from the Department of Public Safety;

      (f) One member from the Nevada System of Higher Education; and

      (g) One member from the Division of Enterprise Information Technology Services of the Department of Administration.

      3.  The member appointed from the Office of Science, Innovation and Technology in the Office of the Governor shall serve as the Chair of the Council.

      4.  The Council shall meet as necessary at the call of the Chair.

      5.  The Director of the Office of Science, Innovation and Technology in the Office of the Governor shall provide staff support to the Council.

      6.  A majority of the members of the Council constitutes a quorum for the transaction of business.

      7.  The members of the Council receive no compensation for their services, but are entitled to be reimbursed for all travel and other expenses actually and necessarily incurred by them in the performance of their duties, within the limits of money available to the Council.

      8.  The members of the Council may request assistance from technical advisors as the Council deems necessary.

      9.  The Council shall:

      (a) Provide information, advice, strategic plans, priorities and recommendations to assist the Department in administering access to rights-of-way to telecommunications providers for statewide telecommunications purposes;

 


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      (b) Assist the Department in valuing in-kind compensation pursuant to sections 7 to 26, inclusive, of this act, and approve or deny any valuation thereof;

      (c) Seek input from telecommunications providers and the public relating to broadband access;

      (d) Coordinate and exchange information with other entities of this State and its political subdivisions relating to technology and telecommunications;

      (e) Approve or deny any agreement between the Department and a telecommunications provider proposed pursuant to section 17 of this act, if the Council finds that the agreement is competitively neutral and nondiscriminatory; and

      (f) Provide other assistance as requested by the Department.

      Sec. 26. The Department shall adopt:

      1.  Regulations that:

      (a) Govern the installation, operation and maintenance of a telecommunications facility by a telecommunications provider which has been granted longitudinal access or wireless access to a right-of-way pursuant to section 17 of this act;

      (b) Specify the procedures for the Department to enter into an agreement with a telecommunications provider to be granted longitudinal access or wireless access to a right-of-way;

      (c) Establish a methodology for valuing a right-of-way, excess conduit or related transportation facilities;

      (d) Provide for the relocation or removal of a telecommunications facility if:

             (1) The Department needs to make any necessary changes to any road, route, highway or interstate;

             (2) An agreement between the Department and a telecommunications provider expires; or

             (3) A telecommunications provider breaches its agreement with the Department;

      (e) Provide a process for a telecommunications provider to apply for longitudinal access or wireless access within open right-of-way segments; and

      (f) Establish a schedule of rates of compensation for longitudinal access or wireless access granted pursuant to section 17 of this act; and

      2.  Any other regulations deemed necessary to carry out the provisions of sections 7 to 26, inclusive, of this act.

      Sec. 27. NRS 408.070 is hereby amended to read as follows:

      408.070  “Highway” means roads, bridges, structures, culverts, curbs, drains , conduit infrastructure for conveying telecommunications cable, line, fiber and wire, and all buildings, communication facilities, services and works incidental to highway construction, improvements and maintenance required, laid out, constructed, improved or maintained as such pursuant to constitutional or legislative authorization.

      Sec. 28. NRS 408.200 is hereby amended to read as follows:

      408.200  1.  The Director shall investigate and determine the methods of highway construction best adapted to the various sections of the State, and shall establish standards and specifications for the construction and maintenance of the highways, giving due regard to the topography, natural conditions, character and availability of road-building materials.

 


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ê2017 Statutes of Nevada, Page 538 (Chapter 120, SB 53)ê

 

      2.  The Director shall coordinate with telecommunications providers, as defined in section 14 of this act, for the reasonable, efficient and cost effective installation, maintenance, operation, relocation and upgrade of telecommunications facilities within rights-of-way for state highways as follows:

      (a) For rights-of-way not on an interstate, the Department may place additional conduit and related facilities within such rights-of-way for use by telecommunications providers based on the potential use by such providers, as determined by the Department. The Department may grant use of such conduit and related facilities by telecommunications providers in exchange for a trade value, as determined by the Department, for such use from such providers. A telecommunications provider is not entitled to compensation for its expenses to relocate from the conduit infrastructure of the Department unless such provider has a right of occupancy in its current location because it holds a compensable real property interest.

      (b) For rights-of-way on an interstate, the Department may grant longitudinal access to such rights-of-way in accordance with sections 7 to 26, inclusive, of this act.

      3.  The Director may construct, reconstruct, operate and maintain materials testing and research laboratory facilities as may be necessary to establish and maintain such standards and specifications.

      [3.]4.  The Director may be consulted by county officials, including members of regional transportation commissions, having authority over streets and highways within their respective counties relative to any question involving such streets and highways; and the Director may, in like manner, obtain from such county officials all such information or assistance as they may render in the performance of the Director’s duties with their county, and such county officials shall supply such information when requested by the Director.

      Sec. 29. NRS 408.5471 is hereby amended to read as follows:

      408.5471  As used in NRS 408.5471 to 408.549, inclusive, unless the context otherwise requires, “transportation facility” [means a road, railroad, bridge, tunnel, overpass, airport, mass transit facility, parking facility for vehicles or similar commercial facility used for the support of or the transportation of persons or goods, including, without limitation, any other property that is needed to operate the facility. The term does not include a toll bridge or toll road.] has the meaning ascribed to it in NRS 338.161.

      Sec. 30.  This act becomes effective:

      1.  Upon passage and approval for the purpose of appointing members of the Telecommunications Advisory Council created by section 25 of this act, adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

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

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ê2017 Statutes of Nevada, Page 539ê

 

CHAPTER 121, SB 160

Senate Bill No. 160–Senator Gansert

 

CHAPTER 121

 

[Approved: May 25, 2017]

 

AN ACT relating to administrative regulations; revising provisions governing notice requirements under the Nevada Administrative Procedure Act; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Nevada Administrative Procedure Act requires each agency of the Executive Department of State Government that is not exempt from the Act to provide 30 days’ notice of its intended action before holding a hearing on any proposed permanent or temporary regulation. Such an agency is required to give such notice on a proposed permanent regulation after the agency has received the approved or revised text of the proposed permanent regulation from the Legislative Counsel. (NRS 233B.060) Section 1 of this bill requires an agency to post the regulation to be considered at the hearing on the Internet website of the agency 3 working days before the hearing.

      Existing law does not specify the notice required when a proposed regulation receives a second or subsequent hearing to consider further revisions. Section 1 requires an agency to provide at least 3 working days’ notice of its intended action before holding a second or subsequent hearing on a regulation.

      Existing law requires an agency, before holding a public hearing on a proposed regulation, to conduct at least one workshop to solicit comments from interested persons on one or more general topics to be addressed in a proposed regulation. (NRS 233B.061) Section 2 of this bill provides that such a workshop is not required if it is the second or subsequent hearing on the regulation.

 

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 233B.060 is hereby amended to read as follows:

      233B.060  1.  Except as otherwise provided in subsection 2 and NRS 233B.061, before adopting, amending or repealing:

      (a) A permanent regulation, the agency must, after receiving the approved or revised text of the proposed regulation prepared by the Legislative Counsel pursuant to NRS 233B.063 [,] :

             (1) If it is the first hearing on the regulation, give at least 30 days’ notice of its intended action, unless a shorter period of notice is specifically permitted by statute. When posted, the agency must include notice that the regulation that is posted on the Internet website of the agency 3 working days before the hearing will be the regulation considered. The agency shall ensure that the regulation to be considered at the hearing is posted on the Internet website of the agency 3 working days before the hearing.

             (2) If it is the second or subsequent hearing on the regulation, including, without limitation, a subsequent hearing on an adopted regulation that has not been approved by the Legislative Commission or the Subcommittee to Review Regulations pursuant to NRS 233B.067, in order to approve a revision to the regulation, give at least 3 working days’ notice of its intended action.

 


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ê2017 Statutes of Nevada, Page 540 (Chapter 121, SB 160)ê

 

      (b) A temporary regulation, the agency must give at least 30 days’ notice of its intended action, unless a shorter period of notice is specifically permitted by statute.

      2.  Except as otherwise provided in subsection 3, if an agency has adopted a temporary regulation after notice and the opportunity for a hearing as provided in this chapter, it may adopt, after providing a second notice and the opportunity for a hearing, a permanent regulation, but the language of the permanent regulation must first be approved or revised by the Legislative Counsel and the adopted regulation must be approved by the Legislative Commission or the Subcommittee to Review Regulations appointed pursuant to subsection 6 of NRS 233B.067.

      3.  If the Public Utilities Commission of Nevada has adopted a temporary regulation after notice and the opportunity for a hearing as provided in this chapter, it may adopt a substantively equivalent permanent regulation without further notice or hearing, but the language of the permanent regulation must first be approved or revised by the Legislative Counsel and the adopted regulation must be approved by the Legislative Commission or the Subcommittee to Review Regulations.

      Sec. 2. NRS 233B.061 is hereby amended to read as follows:

      233B.061  1.  All interested persons must be afforded a reasonable opportunity to submit data, views or arguments upon a proposed regulation, orally or in writing.

      2.  Before holding the public hearing required pursuant to subsection 3, an agency shall conduct at least one workshop to solicit comments from interested persons on one or more general topics to be addressed in a proposed regulation [.] , except that a workshop is not required if it is the second or subsequent hearing on the regulation. Not less than 15 days before the workshop, the agency shall provide notice of the time and place set for the workshop:

      (a) In writing to each person who has requested to be placed on a mailing list; and

      (b) In any other manner reasonably calculated to provide such notice to the general public and any business that may be affected by a proposed regulation which addresses the general topics to be considered at the workshop.

      3.  With respect to substantive regulations, the agency shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposed regulation and requests an oral hearing, the agency may proceed immediately to act upon any written submissions. The agency shall consider fully all written and oral submissions respecting the proposed regulation.

      4.  An agency shall not hold the public hearing required pursuant to subsection 3 on the same day that the agency holds the workshop required pursuant to subsection 2.

      5.  Each workshop and public hearing required pursuant to subsections 2 and 3 must be conducted in accordance with the provisions of chapter 241 of NRS.

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

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ê2017 Statutes of Nevada, Page 541ê

 

CHAPTER 122, SB 206

Senate Bill No. 206–Senators Atkinson, Spearman; Cancela, Cannizzaro, Farley, Goicoechea, Manendo, Segerblom and Settelmeyer

 

CHAPTER 122

 

[Approved: May 25, 2017]

 

AN ACT relating to barbering; revising provisions governing the terms of appointed members of the State Barbers’ Health and Sanitation Board; requiring the Board to post certain financial information and examination dates on the Internet website maintained by the Board; revising the qualifications for a license as an instructor in a barber school; revising requirements for the operation of a barber school; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the State Barbers’ Health and Sanitation Board, consisting of the Chief Medical Officer or his or her designee, and three members who are licensed barbers appointed by the Governor. (NRS 643.020) Under existing law, the appointed members of the Board serve terms of 3 years. (NRS 232A.020) Section 1 of this bill: (1) increases to 4 years the length of the term of appointed members of the Board; and (2) prohibits an appointed member of the Board from serving more than three terms. Under section 8 of this bill, only terms commencing on or after January 3, 2011 count toward the limitation on the number of terms that may be served.

      Section 2 of this bill requires the Board to place on its Internet website the Board’s budget and any financial reports prepared by the Board.

      Existing law requires the Board to conduct examinations relating to licensing not less than three times each year. (NRS 643.100) Section 3 of this bill requires the Board to post such examination dates on its Internet website not less than 60 days before the date of the examination.

      Existing law requires an applicant for a license as an instructor at a barber school to have practiced not less than 5 years as a full-time licensed barber. (NRS 643.1775) Section 4 of this bill changes this requirement to not less than 3 years.

      Existing law establishes the requirements for a licensed barber school. (NRS 643.174) Senate Bill No. 370 of the 2015 Legislative Session added the requirement that, after July 1, 2017, a barber school be owned and operated by at least two instructors. (Sections 2.5 and 5.5 of chapter 424, Statutes of Nevada 2015, pp. 2441-42) Sections 5-7 of this bill prevent this requirement from taking effect and instead require a barber school, after July 1, 2018, to have at least two instructors who provide instruction at the school.

 

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 643.020 is hereby amended to read as follows:

      643.020  1.  The State Barbers’ Health and Sanitation Board, consisting of four members, is hereby created.

      2.  The Board consists of the Chief Medical Officer, or a member of his or her staff designated by the Chief Medical Officer, and three members who are licensed barbers appointed by the Governor [.] for terms of 4 years. Of the barbers, one barber must be from Clark County, one barber must be from Washoe County and one barber must be from any county in the State. Each of the barbers must have been a resident of this State and a practicing licensed barber for at least 5 years immediately before his or her appointment.

 


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ê2017 Statutes of Nevada, Page 542 (Chapter 122, SB 206)ê

 

licensed barber for at least 5 years immediately before his or her appointment. An appointed member of the Board shall not serve more than three terms.

      3.  The Governor may remove a member of the Board for cause.

      Sec. 2. NRS 643.050 is hereby amended to read as follows:

      643.050  1.  The Board may:

      (a) Maintain offices in as many locations in this State as it finds necessary to carry out the provisions of this chapter.

      (b) Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

      (c) Adopt regulations necessary to carry out the provisions of this chapter.

      2.  The Board shall prescribe, by regulation, sanitary requirements for barbershops and barber schools.

      3.  Any member of the Board or its agents or assistants may enter and inspect any barbershop or barber school at any time during business hours or at any time when the practice of barbering or instruction in that practice is being carried on.

      4.  The Board shall keep a record of its proceedings relating to the issuance, refusal, renewal, suspension and revocation of licenses. The record must contain the name, place of business and residence of each licensed barber, licensed apprentice and instructor, and the date and number of the license. The record must be open to public inspection at all reasonable times.

      5.  The Board shall place on the Internet website maintained by the Board the budget of the Board and all financial reports prepared by the Board.

      6.  The Board may approve and, by official order, establish the days and hours when barbershops may remain open for business whenever agreements fixing such opening and closing hours have been signed and submitted to the Board by any organized and representative group of licensed barbers of at least 70 percent of the licensed barbers of any county. The Board may investigate the reasonableness and propriety of the hours fixed by such an agreement, as is conferred by the provisions of this chapter, and the Board may fix hours for any portion of a county.

      [6.]7.  The Board may adopt regulations governing the conduct of barber schools and the course of study of barber schools.

      Sec. 3. NRS 643.100 is hereby amended to read as follows:

      643.100  1.  Not less than three times each year, at such times and places as it determines, the Board shall conduct examinations to determine the fitness of each of the following:

      (a) Applicants for licenses as barbers.

      (b) Applicants for licenses as apprentices.

      (c) Applicants to enter barber schools.

      2.  The examination of applicants for licenses as barbers and apprentices must include a practical demonstration and a written and oral test that must include the subjects usually taught in barber schools approved by the Board.

      3.  Not less than 60 days before the date of an examination described in this section, the Board shall provide notice of the examination on the Internet website maintained by the Board.

      Sec. 4. NRS 643.1775 is hereby amended to read as follows:

      643.1775  The Board shall license any person as an instructor who:

 


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ê2017 Statutes of Nevada, Page 543 (Chapter 122, SB 206)ê

 

      1.  Has applied to the Board in writing on the form prescribed by the Board;

      2.  Holds a high school diploma or its equivalent;

      3.  Has paid the applicable fees;

      4.  Holds a license as a barber issued by the Board;

      5.  Submits all information required to complete the application;

      6.  Has practiced not less than [5] 3 years as a full-time licensed barber in this State, the District of Columbia or in any other state or country whose requirements for licensing barbers are substantially equivalent to those in this State;

      7.  Has successfully completed a training program for instructors conducted by a licensed barber school which consists of not less than 600 hours of instruction within a 6-month period; and

      8.  Has passed an examination for instructors administered in accordance with NRS 643.1777.

      Sec. 5. Section 2.5 of chapter 424, Statutes of Nevada 2015, at page 2441, is hereby amended to read as follows:

       Sec. 2.5.  NRS 643.174 is hereby amended to read as follows:

       643.174  Upon receipt of an application to operate a barber school, the Board shall require the applicant, if the applicant is a sole proprietor, or a member, partner or officer, if the applicant is a firm, partnership or corporation, to appear personally before the Board and submit information in such form as the Board may by regulation prescribe showing:

       1.  The location of the proposed barber school and its physical facilities and equipment;

       2.  The proposed maximum number of students to be trained at any one time and the number of instructors to be provided;

       3.  The nature and terms of the applicant’s right of possession of the proposed premises, whether by lease, ownership or otherwise;

       4.  The financial ability of the applicant to operate the barber school in accordance with the requirements of this chapter and the regulations of the Board;

       5.  That the barber school will [be owned and operated by] have at least two instructors [;] who provide instruction at the school; and

       6.  Such other information as the Board considers necessary.

      Sec. 6. Section 5.5 of chapter 424, Statutes of Nevada 2015, at page 2442, is hereby amended to read as follows:

       Sec. 5.5.  The amendatory provisions of section 2.5 of this act do not apply to a barber school for which a license to operate the barber school is issued or renewed before July 1, [2017.] 2018.

      Sec. 7. Section 6 of chapter 424, Statutes of Nevada 2015, at page 2442, is hereby amended to read as follows:

       Sec. 6.  1.  This act becomes effective upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks necessary to carry out the provisions of this act.

       2.  This section and sections 1, 2 and 3 to 5.5, inclusive, of this act become effective on January 1, 2016, for all other purposes.

       3.  Section 2.5 of this act becomes effective on July 1, [2017,] 2018, for all other purposes.

 


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ê2017 Statutes of Nevada, Page 544 (Chapter 122, SB 206)ê

 

      Sec. 8.  1.  The amendatory provisions of section 1 of this act do not affect the current term of appointment of any person who, on June 30, 2017, is an appointed member of the State Barbers’ Health and Sanitation Board.

      2.  Any term of appointment commencing:

      (a) Before January 3, 2011, must not be counted toward the limitation set forth in NRS 634.020, as amended by section 1 of this act.

      (b) On or after January 3, 2011, must be counted toward the limitation set forth in NRS 634.020, as amended by section 1 of this act.

      Sec. 9.  1.  This section and sections 5 to 8, inclusive, of this act become effective upon passage and approval.

      2.  Sections 1 to 4, inclusive, of this act become effective on July 1, 2017.

________

CHAPTER 123, SB 267

Senate Bill No. 267–Senators Ford and Harris

 

CHAPTER 123

 

[Approved: May 25, 2017]

 

AN ACT relating to real property; revising provisions governing the auction of property pursuant to the power of sale under a deed of trust; revising provisions requiring certain mortgagees and beneficiaries of a deed of trust to provide certain contact information to the Division of Financial Institutions of the Department of Business and Industry; providing for the continuation of certain provisions relating to an expedited process for the foreclosure of abandoned residential property; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the trustee under a deed of trust concerning owner-occupied housing has the power to sell the property to which the deed of trust applies, subject to certain restrictions. (NRS 107.080, 107.085, 107.086) Existing law requires such a sale to be made: (1) in a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties), at the courthouse in the county in which the property or some part thereof is situated; or (2) in a county whose population is 100,000 or more (currently Clark and Washoe Counties), at the public location in the county designated by the governing body of the county for that purpose. (NRS 107.081) Section 1 of this bill removes the population cap to require any such sale to be made at a public location in the county designated by the governing body of the county for that purpose.

      Existing law requires a financial institution that is a mortgagee or beneficiary of a deed of trust under certain residential mortgage loans to provide to the Division of Financial Institutions of the Department of Business and Industry the name and certain contact information of a person to whom: (1) a borrower or a representative of a borrower must send information and notices to facilitate a mediation under the Foreclosure Mediation Program; and (2) a unit-owners’ association must mail notices concerning the foreclosure of the association’s lien on a unit. Existing law further requires the Division to maintain this information on its Internet website and provide a prominent display of, or a link to, this information on the home page of its Internet website. (NRS 657.110) Section 1.5 of this bill requires any mortgagee or beneficiary of a deed of trust under a residential mortgage loan to provide the Division with such contact information.

 


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ê2017 Statutes of Nevada, Page 545 (Chapter 123, SB 267)ê

 

      Senate Bill No. 278 of the 2013 Legislative Session (S.B. 278): (1) established an expedited process for the foreclosure of abandoned residential property; and (2) authorized a board of county commissioners or the governing body of an incorporated city to establish by ordinance a registry of abandoned residential real property and a registry of real property in danger of becoming abandoned. (Chapter 330, Statutes of Nevada 2013, p. 1543) The provisions of S.B. 278 expire by limitation on June 30, 2017. Section 2 of this bill extends the prospective expiration of the provisions of S.B. 278 to June 30, 2021.

 

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 107.081 is hereby amended to read as follows:

      107.081  1.  All sales of property pursuant to NRS 107.080 must be made at auction to the highest bidder and must be made between the hours of 9 a.m. and 5 p.m. The agent holding the sale must not become a purchaser at the sale or be interested in any purchase at such a sale.

      2.  All sales of real property must be made [:

      (a) In a county with a population of less than 100,000, at the courthouse in the county in which the property or some part thereof is situated.

      (b) In a county with a population of 100,000 or more,] at the public location in the county designated by the governing body of the county for that purpose.

      Sec. 1.5. NRS 657.110 is hereby amended to read as follows:

      657.110  1.  [A] Each mortgagee or beneficiary of a deed of trust under a residential mortgage loan, including, without limitation, a bank, credit union, savings bank, savings and loan association, thrift company or other financial institution which is licensed, registered or otherwise authorized to do business in this State , [and which is the mortgagee or beneficiary of a deed of trust under a residential mortgage loan] shall provide to the Division of Financial Institutions the name, street address and any other contact information of a person to whom:

      (a) A borrower or a representative of a borrower must send any document, record or notification necessary to facilitate a mediation conducted pursuant to NRS 40.437 or 107.086.

      (b) A unit-owners’ association must send any notice required to be given pursuant to NRS 116.3116 to 116.31168, inclusive.

      2.  The Division of Financial Institutions shall maintain on its Internet website the information provided to the Division pursuant to subsection 1 and provide a prominent display of, or a link to, the information described in subsection 1, on the home page of its Internet website.

      3.  As used in this section:

      (a) “Borrower” means a person who is a mortgagor or grantor of a deed of trust under a residential mortgage loan.

      (b) “Residential mortgage loan” means a loan which is primarily for personal, family or household use and which is secured by a mortgage or deed of trust on owner-occupied housing as defined in NRS 107.086.

 


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ê2017 Statutes of Nevada, Page 546 (Chapter 123, SB 267)ê

 

      Sec. 2. Section 7 of chapter 330, Statutes of Nevada 2013, at page 1555, is hereby amended to read as follows:

      Sec. 7.  This act becomes effective on July 1, 2013, and expires by limitation on June 30, [2017.] 2021.

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

________

CHAPTER 124, SB 491

Senate Bill No. 491–Committee on Legislative Operations and Elections

 

CHAPTER 124

 

[Approved: May 25, 2017]

 

AN ACT relating to elections; prohibiting the use of mechanical voting systems and mechanical recording devices unless the systems or devices are approved by the Secretary of State; authorizing the Secretary of State and certain counties to enter into an agreement for the lease of approved mechanical voting systems and mechanical recording devices without an option to purchase such systems or devices; making various other changes relating to mechanical voting systems and mechanical recording devices; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a board of county commissioners or a governing body of a city to purchase and adopt for use at elections any mechanical voting system and mechanical recording device if the system or device is approved by the Secretary of State. (NRS 293B.105) Section 1.3 of this bill provides that no mechanical voting system or mechanical voting device may be purchased or leased in or used in any election of this State unless the system or device is approved by the Secretary of State. Section 1.9 of this bill makes a conforming change.

      Existing law authorizes a board of county commissioners to: (1) purchase mechanical voting systems and mechanical recording devices; or (2) lease mechanical voting systems and mechanical recording devices from the Secretary of State with an option for the county to purchase such systems and devices. (NRS 293B.104, 293B.124) Section 1.6 of this bill provides an additional option for counties whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties) by authorizing the board of county commissioners of such a county to lease approved mechanical voting systems and mechanical recording devices from the Secretary of State without the option to purchase. Sections 2-7 of this bill make conforming changes.

      Existing law provides that if the Secretary of State leases mechanical voting systems and mechanical recording devices to a county, the rental payments from such lease are deposited in the State General Fund. Sections 1.6, 5 and 6 provide that the rental payments must be: (1) deposited into a separate account in the State General Fund; and (2) used to pay the costs of replacing aging and outdated mechanical voting systems and mechanical recording devices.

 


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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 293B of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.6 of this act.

      Sec. 1.3. 1.  No mechanical voting system or mechanical recording device may be purchased or leased in or used in any election of this State unless the system or device is approved by the Secretary of State.

      2.  A person who owns or has an interest in a mechanical voting system or mechanical recording device may submit an application to the Secretary of State to have the system or device examined for approval for use during the elections of this State. The Secretary of State shall approve or disapprove the use of such a system or device not later than 120 days after the application is submitted.

      3.  As a condition to approval, the person shall have the mechanical voting system or mechanical recording device independently examined by a person approved by the Secretary of State. The examiner shall:

      (a) Review and analyze any electronic or computerized features of the system or device; and

      (b) Prepare and submit to the Secretary of State a report of the results of the examination which includes a statement of the opinion of the examiner regarding the feasibility of using such a system or device during the elections of this State, with consideration for the safe and proper operation of the system or device under the conditions prescribed by the applicable election laws.

      4.  Any cost for the independent examination of a mechanical voting system or mechanical recording device conducted pursuant to subsection 3 must be paid by the person who submits an application to have the system or device approved by the Secretary of State.

      5.  The Secretary of State shall approve a mechanical voting system or mechanical recording device for use during the elections of this State if:

      (a) The report prepared pursuant to subsection 3 states that the system or device can be used safely and properly in this State; and

      (b) The Secretary of State determines after independently examining the system or device that it can be used safely and properly in this State.

      6.  Before a city or county may change or improve a mechanical voting system or mechanical recording device that has been approved by the Secretary of State pursuant to this section, the city or county must obtain approval from the Secretary of State. If any such change or improvement does not comply with the requirements of this section, the Secretary of State shall not approve the use or sale of any system or device that incorporates the change or improvement in this State.

      7.  The Secretary of State may reexamine a mechanical voting system or mechanical recording device or any part thereof at any time for the purpose of approving a change or improvement pursuant to subsection 6 or to ensure that the system or device continues to comply with the election laws of this State.

      8.  The Secretary of State and any examiner of a mechanical voting system or mechanical recording device must not have any pecuniary interest in the system or device examined.

 


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      9.  The Secretary of State may establish regulations to carry out the provisions of this section.

      Sec. 1.6.1.  The Secretary of State and a county whose population is less than 100,000 may enter into a written agreement for the lease of mechanical voting systems and mechanical recording devices, without an option for the county to purchase such systems and devices. Each agreement must provide in substance that:

      (a) The systems or devices particularly described in the agreement are leased by the State, as lessor, to the county, as lessee, for a term of 2 years from the date of the agreement, with an exclusive option in the lessee to extend the term for like periods of 2 years at a time.

      (b) The lessee will maintain and insure the systems and devices for the original term and each succeeding agreed term.

      (c) The aggregate of rental payments for a term of 2 years under the lease does not exceed 10 percent of the purchase price of the systems and devices described in the agreement.

      2.  All rental payments received under all such agreements entered into pursuant to this section must be deposited into a separate account in the State General Fund to be used to pay the costs of replacing aging and outdated mechanical voting systems and mechanical recording devices.

      Sec. 1.9.NRS 293B.105 is hereby amended to read as follows:

      293B.105  [1.]  The board of county commissioners of any county or the city council or other governing body of any city may purchase and adopt for use at elections any mechanical voting system and mechanical recording device . [if the system or device is:

      (a) Approved by the Secretary of State pursuant to subsection 2; or

      (b) Specifically authorized by law.

Ê] The system or device may be used at any or all elections held in the county or city, for voting, registering and counting votes cast.

      [2.  A person who owns or has an interest in a mechanical voting system or mechanical recording device may submit an application to the Secretary of State to have the system or device examined for approval for use during the elections of this State. The Secretary of State shall approve or disapprove the use of such a system or device not later than 120 days after the application is submitted.

      3.  As a condition to approval, the person shall have the system or device independently examined by a person approved by the Secretary of State. The examiner shall:

      (a) Review and analyze any electronic or computerized features of the system or device; and

      (b) Prepare a report of the results of the examination for the Secretary of State which includes a statement of the examiner’s opinion regarding the feasibility of using such a system or device during the elections of this State with consideration for the safe and proper operation of the system or device under the conditions prescribed by the applicable election laws.

      4.  Any cost for the independent examination of a system or device must be paid by the person who submits an application to have the system or device approved by the Secretary of State.

      5.  The Secretary of State shall approve a mechanical voting system or mechanical recording device for use during the elections of this State if:

      (a) The report prepared pursuant to subsection 3 states that the system or device can be used safely and properly in this State; and

 


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      (b) The Secretary of State determines after independently examining the system or device that it can be used safely and properly in this State.

      6.  Before a city or county may change or improve a system or device that has been approved by the Secretary of State, it must obtain approval from the Secretary of State. If any change or improvement does not comply with the requirements of this section, the Secretary of State shall not approve the use or sale of any system or device that incorporates the change or improvement in this State.

      7.  The Secretary of State may reexamine a system or device or any part thereof at any time for the purpose of approving a change or improvement or to ensure that the system or device continues to comply with the election laws of this State.

      8.  The Secretary of State and any examiner of a system or device must not have any pecuniary interest in the system or device examined.

      9.  The Secretary of State may establish regulations to carry out the provisions of this section.]

      Sec. 2. NRS 293B.110 is hereby amended to read as follows:

      293B.110  A mechanical voting system or mechanical recording device may be adopted for some of the precincts or districts in the same county or city, while the remainder of the precincts or districts in that county or city may be furnished with paper ballots or any other mechanical voting system [.] or mechanical recording device.

      Sec. 3. NRS 293B.115 is hereby amended to read as follows:

      293B.115  The board of county commissioners, city council or other governing body which adopts a mechanical voting system [,] or mechanical recording device as soon as practicable after adopting it, shall provide for each polling place one or more mechanical voting systems or mechanical recording devices in complete working order. When the systems and devices are not in use at an election, the board, council or governing body shall take custody of them and of the furniture and equipment of the polling place.

      Sec. 4. NRS 293B.120 is hereby amended to read as follows:

      293B.120  The board of county commissioners of any county or the city council or other governing body of any city, without formally adopting a mechanical voting system or mechanical recording device which it might lawfully adopt, may provide for its experimental use at an election in one or more precincts. Its use at the election is as valid for all purposes as if it were lawfully adopted.

      Sec. 5. NRS 293B.122 is hereby amended to read as follows:

      293B.122  1.  The Secretary of State may purchase mechanical voting systems and mechanical recording devices and lease them to [counties, giving priority to those counties still using paper ballots.] :

      (a) A county whose population is 100,000 or more pursuant to the provisions of NRS 293B.124.

      (b) A county whose population is less than 100,000 pursuant to the provisions of NRS 293B.124 or section 1.6 of this act.

      2.  The Secretary of State may pay for such systems and devices purchased pursuant to subsection 1 out of any money [specifically] :

      (a) Specifically appropriated for that purpose by the Legislature [.] ; or

      (b) In an account established pursuant to NRS 293B.124 or section 1.6 of this act.

 


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ê2017 Statutes of Nevada, Page 550 (Chapter 124, SB 491)ê

 

      Sec. 6. NRS 293B.124 is hereby amended to read as follows:

      293B.124  1.  [The] If a county wants to lease from the Secretary of State mechanical voting systems or mechanical recording devices which have been approved pursuant to section 1.3 of this act by the Secretary of State , the Secretary of State and [each participating] the county shall enter a written agreement designated as “Lease of Equipment with Option to Purchase.” Each agreement must provide in substance:

      (a) That the systems and devices particularly described in the agreement are leased by the State, as lessor, to the county, as lessee, for a term of 2 years from the date of the agreement, with an exclusive option in the lessee to extend the term for like periods of 2 years at a time, for an agreed maximum term not exceeding 20 years after the date of the agreement.

      (b) That the lessee will maintain and insure the systems and devices for the original term and each succeeding agreed term.

      (c) That the aggregate of rental payments provided for under the maximum term of the lease agreement must equal the aggregate of the purchase price of the mechanical voting systems and mechanical recording devices covered by the agreement, together with all interest, shipping, installation and other costs paid or agreed to be paid by the State. Upon payment of the latter aggregate sum by any lessee to the State, the State shall forthwith convey to that lessee legal title to the systems and devices covered by the paid agreement.

      2.  [The Secretary of State shall promptly transmit all] All rental payments received under all such agreements [to] entered into pursuant to this section must be deposited into a separate account in the State General Fund [.] to be used to replace aging and outdated mechanical voting systems and mechanical recording devices.

      Sec. 7. NRS 293B.125 is hereby amended to read as follows:

      293B.125  1.  [The] If a county or city purchases a mechanical voting system or mechanical recording device, the cost of [a mechanical voting system] such purchase is a charge upon the county or city . [adopting it.]

      2.  The board of county commissioners or city council or other governing body of any city may provide for the payment of the costs of such [a voting system] systems and devices in such manner and by such method as they consider in the best local interests, and also may for that purpose issue bonds, certificates of indebtedness, or other obligations which are a charge on the county or city. The bonds, certificates or other obligations may be issued with or without interest, payable at such time as the authorities may determine, but may not be issued or sold at less than par.

      Sec. 8.  This act becomes effective upon passage and approval.

________

 

 


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ê2017 Statutes of Nevada, Page 551ê

 

CHAPTER 125, AB 61

Assembly Bill No. 61–Committee on Commerce and Labor

 

CHAPTER 125

 

[Approved: May 25, 2017]

 

AN ACT relating to trust companies; authorizing certain foreign trust companies that are not subject to certain federal regulation to engage in the solicitation of trust company business or open a trust representative office in this State under certain circumstances without licensure upon the approval of the Commissioner of Financial Institutions; authorizing certain foreign trust companies that are subject to certain federal regulation to act as a fiduciary or solicit trust company business in Nevada under certain circumstances without licensure by the Commissioner; authorizing certain foreign trust companies that are subject to certain federal regulation to establish and maintain certain offices and engage in the business of a trust company in Nevada under certain circumstances without licensure upon the approval of the Commissioner; revising the qualifications for serving as a trustee of a spendthrift trust; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the Commissioner of Financial Institutions is charged with regulating and licensing certain business entities that act as a trustee in Nevada. (Chapter 669 of NRS) Existing law authorizes a foreign trust company that does not maintain an office in Nevada to be appointed to act as a fiduciary by any court or by authority of any law of this State without being licensed as a trust company in Nevada if the home state of the foreign trust company allows trust companies licensed in Nevada to be appointed in the home state as a fiduciary on a reciprocal basis. (NRS 662.245)

      Section 8 of this bill authorizes a foreign independent trust company, which is defined in section 5 of this bill as a trust company that is licensed under the laws of a state other than Nevada and is not subject to regulation, supervision and examination by certain federal regulators, to request approval from the Commissioner of Financial Institutions for authorization to solicit trust company business in Nevada without obtaining a license to engage in that activity. Section 8 provides a procedure for renewal of such authorization and prohibits a foreign independent trust company with such authorization from acting in any fiduciary capacities or otherwise engaging in any activity as a trust company for which a license is required. Section 9 of this bill authorizes the Commissioner of Financial Institutions to require a foreign independent trust company with authorization to solicit trust company business in Nevada to maintain a surety bond and sets forth the requirements associated with the maintenance of a surety bond.

      Section 10 of this bill authorizes a foreign trust company, which is defined in section 6 of this bill as a trust company licensed in a state other than Nevada and which is subject to regulation, supervision and examination on the state and federal levels, to act as a fiduciary and engage in solicitation of trust company business in Nevada if: (1) the foreign trust company is authorized by its home state to act as a fiduciary or engage in the solicitation of trust business; (2) the foreign trust company is a subsidiary of a bank, savings association, bank holding company or savings and loan holding company that is subject to certain federal regulation; and (3) certain entities that act as fiduciaries or are engaged in the solicitation of trust company business in Nevada are allowed to engage in those activities in the home state of the foreign trust company in a reciprocal manner. Section 11 of this bill requires that such a foreign trust company is deemed to have appointed the Commissioner as its agent for service of process in actions or proceedings related to its activities in Nevada.

 


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ê2017 Statutes of Nevada, Page 552 (Chapter 125, AB 61)ê

 

such a foreign trust company is deemed to have appointed the Commissioner as its agent for service of process in actions or proceedings related to its activities in Nevada.

      Section 12 of this bill authorizes a foreign trust company, upon the approval of the Commissioner, to engage in the business of a trust company and establish and maintain one or more retail trust company offices in Nevada if the foreign trust company meets certain requirements, including whether the foreign trust company is authorized by its home state to conduct business as a trust company and whether the home state of the foreign trust company allows certain trust companies licensed in Nevada to engage in similar activities in the home state on a reciprocal basis.

      Under existing law, to qualify as a trustee of a spendthrift trust in Nevada, a trust company is required to be organized under federal or state law and maintain an office in Nevada for the transaction of business. (NRS 166.015) Section 16 of this bill provides that a trust company does not include a foreign independent trust company authorized to engage in the solicitation of trust company business in this State pursuant to section 8.

      Existing law authorizes the Commissioner of Financial Institutions to impose administrative fines for violations of the laws governing trust companies, and certain such violations are gross misdemeanors. (NRS 669.295, 669.300) These penalties apply to violations of sections 3-12 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. NRS 662.245 is hereby amended to read as follows:

      662.245  1.  [An] Except as otherwise provided in section 10 of this act, an organization that does not maintain an office in this State to conduct the business of a trust company may be appointed to act as fiduciary by any court or by authority of any law of this State if, in addition to any other requirements of law, the organization:

      (a) Associates as cofiduciary a bank authorized to do business in this State or a trust company licensed pursuant to chapter 669 of NRS; or

      (b) Is a trust corporation or trust company which:

             (1) Is organized under the laws of and has its principal place of business in another state which allows trust corporations or trust companies licensed pursuant to chapter 669 of NRS to act as fiduciary in that state;

             (2) Is authorized by its charter to act as fiduciary; and

             (3) Before the appointment as fiduciary, files with the Secretary of State a document, acknowledged before a notarial officer, which:

                   (I) Appoints the Secretary of State as its agent upon whom all process in any action or proceeding against it may be served;

                   (II) Contains its agreement that the appointment continues in force as long as any liability remains outstanding against it in this State, and that any process against it which is served on the Secretary of State is of the same legal validity as if served on it personally;

                   (III) Contains an address to which the Secretary of State may mail the process when received; and

                   (IV) Is accompanied by a fee of not more than $20.

Ê A copy of the document required by this subparagraph, certified by the Secretary of State, is sufficient evidence of the appointment and agreement.

      2.  A court which has jurisdiction over the accounts of a fiduciary that is a trust corporation or trust company described in paragraph (b) of subsection 1 may require the fiduciary to provide a bond to ensure the performance of its duties as fiduciary, in the same manner and to the same extent as the court may require such a bond from a fiduciary that is a bank or trust company described in paragraph (a) of subsection 1.

 


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subsection 1 may require the fiduciary to provide a bond to ensure the performance of its duties as fiduciary, in the same manner and to the same extent as the court may require such a bond from a fiduciary that is a bank or trust company described in paragraph (a) of subsection 1.

      3.  Service of process authorized by subparagraph (3) of paragraph (b) of subsection 1 must be made by filing with the Secretary of State:

      (a) Two copies of the legal process. The copies must include a specific citation to the provisions of this section. The Secretary of State may refuse to accept such service if the proper citation is not included in each copy.

      (b) A fee of not more than $20.

Ê The Secretary of State shall forthwith forward one copy of the legal process to the organization, by registered or certified mail prepaid to the address provided in the document filed pursuant to subparagraph (3) of paragraph (b) of subsection 1.

      4.  The Commissioner shall adopt regulations establishing the amount of the fees required pursuant to this section.

      5.  As used in this section:

      (a) “Fiduciary” means an executor, commissioner, guardian of minors or estates, receiver, depositary or trustee.

      (b) “Notarial officer” has the meaning ascribed to it in NRS 240.005.

      (c) “State” means any state or territory of the United States or the District of Columbia.

      Sec. 2. Chapter 669 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 12, inclusive, of this act.

      Sec. 3. As used in sections 3 to 12, inclusive, of this act unless the context otherwise requires, the words and terms defined in sections 4 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4. “Federal banking regulator” means the Board of Governors of the Federal Reserve System, the Comptroller of the Currency or the Federal Deposit Insurance Corporation.

      Sec. 5. “Foreign independent trust company” means a trust company licensed under the laws of a state other than Nevada and not subject to regulation, supervision and examination by a federal banking regulator.

      Sec. 6. “Foreign trust company” means a trust company licensed under the laws of a state other than Nevada and subject to regulation, supervision and examination by a state banking regulator and at least one federal banking regulator.

      Sec. 7. “Home state” means the state in which a foreign independent trust company or foreign trust company is licensed or chartered and maintains its principal place of business.

      Sec. 8. 1.  If a foreign independent trust company seeks to engage only in the solicitation of trust company business in this State, regardless of whether the foreign independent trust company has a physical location in this State, the foreign independent trust company must submit to the Commissioner a written request on a form prescribed by the Commissioner for authorization to solicit trust company business in this State. The written request must be accompanied by:

      (a) A nonrefundable fee of $1,000.

      (b) Evidence that the foreign independent trust company is qualified to do business as a foreign corporation or foreign limited-liability company pursuant to chapter 80 or 86 of NRS, as applicable.

 


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      (c) The designation of a registered agent who resides or is located in this State to receive service of legal process relating to activities conducted by the foreign independent trust company in this State.

      (d) If the foreign independent trust company proposes to have a trust representative office in this State:

             (1) The address of the trust representative office;

             (2) The names of all persons who will be representing the foreign independent trust company at the trust representative office; and

             (3) Evidence of compliance with all applicable requirements for state and local business registrations and licenses.

      (e) Confirmation that the foreign independent trust company is authorized to conduct business as a trust company in its home state.

      (f) Confirmation by the applicable regulatory authority in the home state of the foreign independent trust company that the license or charter of the foreign independent trust company is in good standing.

      (g) Evidence that the foreign independent trust company has a policy of insurance covering liability for errors and omissions relating to any activity by the foreign independent trust company involving residents of this State.

      (h) Evidence of compliance with section 9 of this act, if the Commissioner requires a foreign independent trust company to maintain a surety bond.

      (i) Confirmation that the laws of the home state of the foreign independent trust company authorize a trust company licensed pursuant to the laws of this State to conduct business in the home state of the foreign independent trust company on substantially the same basis.

      (j) Confirmation that the home state regulator subscribes to and is a signatory of the Nationwide Cooperative Agreement for Supervision and Examination of Multi-State Trust Institutions as adopted by the Conference of State Bank Supervisors.

      2.  The Commissioner may deny the approval of a foreign independent trust company to engage in the solicitation of trust company business or have a trust representative office in this State if the Commissioner, in acting on the written request submitted pursuant to subsection 1 after consultation with the home state regulator, finds:

      (a) That the foreign independent trust company lacks sufficient financial resources to undertake the proposed solicitation or expansion without adversely affecting its safety or soundness; or

      (b) That such approval would be contrary to the public interest.

      3.  If the Commissioner approves a written request for authorization to solicit trust company business submitted pursuant to subsection 1, the foreign independent trust company must renew the request annually on a date and form prescribed by the Commissioner to continue such authorization. The written request for renewal must be accompanied by:

      (a) A nonrefundable renewal fee of $500; and

      (b) Confirmation that the information previously provided pursuant to paragraphs (b) to (j), inclusive, of subsection 1 remains accurate. If any such information has changed, the foreign independent trust company must provide updated information.

      4.  If the Commissioner approves a written request for authorization to solicit trust company business submitted pursuant to subsection 1, the foreign independent trust company:

 


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      (a) Except as otherwise provided in paragraph (b), may solicit trust company business in this State and contact existing or prospective customers.

      (b) Shall not:

             (1) Accept a fiduciary appointment;

             (2) Execute a document that creates a fiduciary relationship;

             (3) Make decisions regarding the investment or distribution of fiduciary assets; or

             (4) Otherwise engage in any activity for which a license is required pursuant to this chapter.

      5.  The Commissioner may:

      (a) Rely on the applicable regulatory authority of the home state of a foreign independent trust company to examine and investigate activity conducted by the foreign independent trust company;

      (b) Investigate any trust representative office established and maintained in this State by a foreign independent trust company as the Commissioner may deem necessary to determine if the trust representative office is being operated in compliance with the applicable laws of this State and in accordance with safe and sound business practices; and

      (c) Require periodic reports regarding the operations of any foreign independent trust company that has been approved under this section.

      6.  All money received by the Commissioner:

      (a) From the payment of fees pursuant to paragraph (a) of subsection 1 must be placed in the Investigative Account for Financial Institutions created by NRS 232.545; and

      (b) From the payment of renewal fees pursuant to paragraph (a) of subsection 3 must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.

      7.  As used in this section, “trust representative office” means a place of business in this State from which a foreign independent trust company may solicit trust company business and contact existing or prospective customers.

      Sec. 9. 1.  As a condition to engaging in the solicitation of trust company business in this State pursuant to section 8 of this act, the Commissioner may require a foreign independent trust company to maintain a surety bond payable to the Division of Financial Institutions in an amount not less than $100,000, plus any additional amount determined by the Commissioner to be appropriate for the size, complexity and inherent risk of the foreign independent trust company.

      2.  A surety bond required pursuant to subsection 1 is for the exclusive use and benefit of the Division and any customer receiving the services of the foreign independent trust company.

      3.  Each surety bond must:

      (a) Be in a form satisfactory to the Commissioner;

      (b) Be issued by a bonding company authorized to do business in this State; and

      (c) Secure the faithful performance of the obligations of the foreign independent trust company respecting the services provided to residents of this State.

      4.  A foreign independent trust company shall, within 10 days after the commencement of any action or notice of entry of any judgment against the foreign independent trust company by any creditor or claimant arising out of business regulated by section 8 of this act, give notice thereof to the Commissioner by certified mail with details sufficient to identify the action or judgment.

 


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ê2017 Statutes of Nevada, Page 556 (Chapter 125, AB 61)ê

 

out of business regulated by section 8 of this act, give notice thereof to the Commissioner by certified mail with details sufficient to identify the action or judgment. The surety that executed the bond of the foreign independent trust company shall, within 10 days after it pays any claim or judgment to a creditor or claimant, give notice thereof to the Commissioner by certified mail with details sufficient to identify the creditor or claimant and the claim or judgment so paid.

      5.  Whenever the principal sum of the surety bond is reduced by payments thereon less any recoveries, the foreign independent trust company shall furnish:

      (a) A new or additional surety bond so that the total or aggregate principal sum of the bonds equals the sum required pursuant to this section; or

      (b) An endorsement, duly executed by the surety reinstating the bond to the required principal sum.

      6.  The liability of the surety on a bond to the Division for a creditor or claimant of the foreign independent trust company is not affected by:

      (a) Any misrepresentation, breach of warranty, failure to pay a premium or other act or omission of the foreign independent trust company; or

      (b) Any insolvency or bankruptcy of the foreign independent trust company.

      7.  The liability of the surety continues as to all transactions entered into in good faith by the creditors and claimants with the agents of the foreign independent trust company within 30 days after:

      (a) The withdrawal from this State of the foreign independent trust company or the dissolution or liquidation of the foreign independent trust company; or

      (b) The termination of the bond,

Ê whichever occurs first.

      8.  A foreign independent trust company or its surety shall not cancel or alter a bond except after providing notice to the Commissioner by certified mail. The cancellation or alteration must not become effective until 10 days after receipt of the notice by the Commissioner. A cancellation or alteration does not affect any liability incurred or accrued on the bond from inception of the surety bond to the expiration of the 30-day period designated in subsection 7.

      Sec. 10. 1.  In addition to the authority provided in NRS 662.245 and section 12 of this act, a foreign trust company may act as a fiduciary in this State, whether the appointment is by will, deed, court order or otherwise, without complying with the laws of this State relating to the qualification of corporations or limited-liability companies organized under the laws of this State to conduct trust company business or laws relating to the qualification of foreign corporations or foreign limited-liability companies if:

      (a) The foreign trust company is authorized by the laws of the state of its organization or domicile to act as a fiduciary in that state;

      (b) The foreign trust company is a subsidiary of a bank, savings association, bank holding company or savings and loan holding company subject to the supervision of a federal banking regulator; and

      (c) A trust company organized under the laws of this State, a national banking association having its main office in this State and a federal savings and loan association or federal savings bank having its main office in this State and authorized to act as a fiduciary in this State may, in such other state, act in a similar fiduciary capacity or capacities, as applicable, upon conditions and qualifications which the Commissioner finds are not unduly restrictive compared to those imposed by the laws of this State.

 


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ê2017 Statutes of Nevada, Page 557 (Chapter 125, AB 61)ê

 

savings and loan association or federal savings bank having its main office in this State and authorized to act as a fiduciary in this State may, in such other state, act in a similar fiduciary capacity or capacities, as applicable, upon conditions and qualifications which the Commissioner finds are not unduly restrictive compared to those imposed by the laws of this State.

      2.  In addition to the authority provided in section 8 of this act, a foreign trust company may engage in the solicitation of trust company business in this State, regardless of whether the foreign trust company has a physical location in this State, without complying with the laws of this State relating to the qualification of corporations or limited-liability companies organized under the laws of this State to conduct trust company business or laws relating to the qualification of foreign corporations or foreign limited-liability companies if:

      (a) The foreign trust company is authorized by the laws of the state of its organization or domicile to solicit trust company business in that state;

      (b) The foreign trust company is a subsidiary of a bank, savings association, bank holding company or savings and loan holding company subject to the supervision of a federal banking regulator; and

      (c) A trust company organized under the laws of this State, a national banking association having its main office in this State and a federal savings and loan association or federal savings bank having its main office in this State and authorized to engage in the solicitation of trust company business in this State may, in such other state, similarly engage in the solicitation of trust company business upon conditions and qualifications which the Commissioner finds are not unduly restrictive compared to those imposed by the laws of this State.

      Sec. 11. 1.  A foreign trust company acting in this State in a fiduciary capacity or engaging in this State in the solicitation of trust company business pursuant to section 10 of this act shall be deemed to have appointed the Commissioner as the agent of the foreign trust company for service of process in any action or proceeding against the foreign trust company that relates to or arises out of any matter in which the foreign trust company has:

      (a) Acted or is acting in this State in a fiduciary capacity; or

      (b) Engaged or is engaging in this State in solicitation of trust company business.

      2.  The commission of or engagement in this State in any act described in paragraph (a) or (b) of subsection 1 by a foreign trust company is deemed to signify the agreement of the foreign trust company that any legal process served upon the Commissioner pursuant to subsection 1 is of the same legal force and validity as if the legal process were served directly upon the foreign trust company.

      3.  Service of legal process pursuant to subsection 1 must be made by delivering to the Commissioner a copy of the legal process and paying the fee for service of process prescribed by the Commissioner. Such service shall be sufficient service of process upon a foreign trust company if:

      (a) Notice of such service and a copy of the process are, within 10 days after delivery to the Commissioner, sent by certified mail by the plaintiff to the principal office of the foreign trust company named in the action or proceeding in the state or territory in which it is located; and

      (b) An affidavit of compliance with paragraph (a) by the plaintiff is appended to the summons.

 


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ê2017 Statutes of Nevada, Page 558 (Chapter 125, AB 61)ê

 

      4.  A court in which an action or proceeding pursuant to this section is pending may order such continuances as may be necessary to afford the foreign trust company named in the action or proceeding reasonable opportunity to defend the action.

      5.  The fee paid pursuant to subsection 3 by a plaintiff to the Commissioner at the time of the service of process may be recovered as taxable costs by the plaintiff from the defendant if the plaintiff prevails in the action.

      6.  The Commissioner shall keep a record of each legal process served on the Commissioner pursuant to this section which contains the date and time of each such service of process.

      Sec. 12. 1.  If a foreign trust company seeks to establish and maintain a retail trust company office and engage in the business of a trust company in this State, the foreign trust company must, in addition to any other requirements of law, submit to the Commissioner a written request on a form prescribed by the Commissioner for authorization to establish and maintain a retail trust company office and engage in the business of a trust company in this State. The written request must be accompanied by:

      (a) A nonrefundable fee of $1,000.

      (b) Evidence that the foreign trust company is qualified to do business as a foreign corporation or foreign limited-liability company pursuant to chapter 80 or 86 of NRS, as applicable.

      (c) The following information about each retail trust company office in this State:

             (1) The address of the retail trust company office;

             (2) The name of all persons who will be employed at the retail trust company office; and

             (3) Evidence of compliance with all applicable requirements for state and local business registrations and licenses.

      (d) Confirmation that the foreign trust company is authorized to conduct business as a trust company in its home state.

      (e) Confirmation by the applicable regulatory authority in the home state of the foreign trust company that the license or charter of the foreign trust company is in good standing.

      (f) Confirmation that the laws of the home state of the foreign trust company authorize a retail trust company organized under the laws of this State, licensed pursuant to this chapter and subject to regulation, supervision and examination by the Commissioner and a federal banking regulator to engage in the activities in which the foreign trust company proposes to engage in this State on substantially the same basis as authorized under the laws of this State.

      (g) Confirmation that the foreign trust company’s home state regulator subscribes to and is a signatory of the Nationwide Cooperative Agreement for Supervision and Examination of Multi-State Trust Institutions as adopted by the Conference of State Bank Supervisors.

      2.  The Commissioner, after considering the views of the home state regulator and the federal banking regulator to the extent available, may deny the approval of a foreign trust company to establish and maintain a retail trust company office and engage in the business of a trust company in this State if the Commissioner finds, after notice and hearing:

 


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ê2017 Statutes of Nevada, Page 559 (Chapter 125, AB 61)ê

 

      (a) That the foreign trust company lacks sufficient financial resources to undertake the proposed activity or expansion without adversely affecting its safety or soundness; or

      (b) That such approval would be contrary to the public interest.

      3.  If the Commissioner approves a written request for authorization to establish and maintain a retail trust company office and engage in the business of a trust company in this State submitted pursuant to subsection 1, the foreign trust company must renew the request annually on a date and form prescribed by the Commissioner to continue such authorization. The written request for renewal must be accompanied by:

      (a) A nonrefundable renewal fee of $500; and

      (b) Confirmation that the information previously provided pursuant to paragraphs (b) to (g), inclusive, of subsection 1 remains accurate. If any such information has been changed, the foreign trust company shall provide updated information.

      4.  If the Commissioner approves a written request for authorization to establish and maintain a retail trust company office and engage in the business of a trust company submitted pursuant to subsection 1, the foreign trust company may:

      (a) Establish and maintain a retail trust company office in this State; and

      (b) Engage in the business of a trust company in this State, including, without limitation:

             (1) Acting as a fiduciary in this State;

             (2) Accepting fiduciary appointments, executing documents that create a fiduciary relationship and making decisions regarding the investment or distribution of fiduciary assets; and

             (3) Advertising and soliciting trust company business in this State and contacting existing or prospective customers.

      5.  The Commissioner may:

      (a) Rely on the applicable regulatory authority of the home state and the applicable federal banking regulator to examine and investigate activity conducted by the foreign trust company;

      (b) Investigate any retail trust company office established and maintained in this State by a foreign trust company as the Commissioner may deem necessary to determine if the retail trust company office is being operated in compliance with the applicable laws of this State and in accordance with safe and sound business practices; and

      (c) Require periodic reports regarding the operations of any foreign trust company that has established and maintains a retail trust company office in this State.

      6.  All money received by the Commissioner:

      (a) From the payment of fees pursuant to paragraph (a) of subsection 1 must be placed in the Investigative Account for Financial Institutions created by NRS 232.545; and

      (b) From the payment of renewal fees pursuant to paragraph (a) of subsection 3 must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.

      7.  As used in this section, “retail trust company office” means a place of business in this State from which a foreign trust company may engage in the business of a trust company.

 


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ê2017 Statutes of Nevada, Page 560 (Chapter 125, AB 61)ê

 

      Sec. 13. NRS 669.090 is hereby amended to read as follows:

      669.090  [It] Except as otherwise provided in sections 3 to 12, inclusive, of this act, it is unlawful for any retail trust company to engage in the business of a trust company without complying with the provisions of this chapter and having a license issued by the Commissioner.

      Sec. 14. NRS 669.095 is hereby amended to read as follows:

      669.095  1.  Except as otherwise provided in subsection 2, no person or organization formed and doing business under the laws of this State or any other state may:

      (a) Use the word “trust” or any direct derivative of that word as a part of its name.

      (b) Advertise or use any sign with the word “trust” used as a part of its name.

      2.  The provisions of subsection 1 do not apply to a person or organization which:

      (a) Is supervised by the Commissioner of Financial Institutions pursuant to this chapter or chapters 657 to 668, inclusive, 673 or 677 of NRS;

      (b) Is doing business under the laws of the United States or another state relating to banks, savings banks, savings and loan associations or thrift companies;

      (c) Is authorized to engage in the solicitation of trust company business in this State pursuant to section 8 of this act;

      (d) Is authorized to act as a fiduciary or solicit trust company business pursuant to section 10 of this act or establish and maintain a retail trust company office and engage in the business of a trust company in this State pursuant to section 12 of this act;

      (e) Is acting under an appointment pursuant to NRS 662.245;

      [(d)] (f) Is supervised by the Commissioner of Insurance; or

      [(e)] (g) Is doing business solely as a community land trust.

      3.  As used in this section, “community land trust” has the meaning ascribed to it in NRS 82.106.

      Sec. 15. NRS 669.150 is hereby amended to read as follows:

      669.150  1.  An applicant must file an application for a license to transact trust company business with the Commissioner on forms prescribed by the Commissioner, which must contain or be accompanied by such information as the Commissioner requires.

      2.  A nonrefundable fee of not more than $2,000 must accompany the application. The applicant must also pay such reasonable additional expenses incurred in the process of investigation as the Commissioner deems necessary. In addition, a fee of not less than $200 or more than $500, prorated on the basis of the licensing year as provided by the Commissioner, must be paid at the time of making the application.

      3.  Except as otherwise provided in NRS 669.092, a trust company may maintain offices in this and other states. For every branch location of a trust company organized under the laws of this State, and every branch location in this State of a [foreign] trust company organized under the laws of another state and authorized to do business in this State, a request for approval and , if applicable, licensing must be filed with the Commissioner on such forms as the Commissioner prescribes. A nonrefundable fee of not more than $500 must accompany each request. In addition, a fee of not more than $200, prorated on the basis of the licensing year as provided by the Commissioner, must be paid at the time of making the request.

 


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ê2017 Statutes of Nevada, Page 561 (Chapter 125, AB 61)ê

 

      4.  The Commissioner shall adopt regulations establishing the amount of the fees required pursuant to this section. All money received by the Commissioner pursuant to this section must be placed in the Investigative Account for Financial Institutions created by NRS 232.545.

      5.  The Commissioner shall consider an application to be withdrawn if the Commissioner has not received all information and fees required to complete the application within 12 months after the date the application is first submitted to the Commissioner or within such later period as the Commissioner determines in accordance with any existing policies of joint regulatory partners. If an application is deemed to be withdrawn pursuant to this subsection or if an applicant otherwise withdraws an application, the Commissioner may not issue a license to the applicant unless the applicant submits a new application and pays any required fees.

      Sec. 16. NRS 166.015 is hereby amended to read as follows:

      166.015  1.  Unless the writing declares to the contrary, expressly, this chapter governs the construction, operation and enforcement, in this State, of all spendthrift trusts created in or outside this State if:

      (a) All or part of the land, rents, issues or profits affected are in this State;

      (b) All or part of the personal property, interest of money, dividends upon stock and other produce thereof, affected, are in this State;

      (c) The declared domicile of the creator of a spendthrift trust affecting personal property is in this State; or

      (d) At least one trustee qualified under subsection 2 has powers that include maintaining records and preparing income tax returns for the trust, and all or part of the administration of the trust is performed in this State.

      2.  If the settlor is a beneficiary of the trust, at least one trustee of a spendthrift trust must be:

      (a) A natural person who resides and has his or her domicile in this State;

      (b) A trust company that:

             (1) Is organized under federal law or under the laws of this State or another state; and

             (2) Maintains an office in this State for the transaction of business; or

      (c) A bank that:

             (1) Is organized under federal law or under the laws of this State or another state;

             (2) Maintains an office in this State for the transaction of business; and

             (3) Possesses and exercises trust powers.

      3.  As used in this section, “trust company” does not include a foreign independent trust company authorized to engage only in the solicitation of trust company business in this State pursuant to section 8 of this act.

      Sec. 17.  This act becomes effective upon passage and approval.

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ê2017 Statutes of Nevada, Page 562ê

 

CHAPTER 126, AB 128

Assembly Bill No. 128–Assemblywoman Spiegel

 

CHAPTER 126

 

[Approved: May 25, 2017]

 

AN ACT relating to service of process; exempting certain unpaid individuals from the requirement to obtain licensure as a process server; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a person who engages in the business of a process server to obtain a license. (NRS 648.060) Existing law defines engaging in such business to include a single act. (NRS 648.063) This bill exempts any natural person who serves legal process from the requirements of chapter 648 of NRS relating to process servers, including, without limitation, the requirement to obtain a license to engage in the business of a process server, if that natural person serves legal process: (1) without compensation; (2) on behalf of another natural person who is not a business entity; and (3) not more than three times each calendar year.

 

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 648.063 is hereby amended to read as follows:

      648.063  [An]

      1.  Except as otherwise provided in subsection 2, an unlicensed person who performs a single act for which a license is required has engaged in the business for which the license is required and, unless exempt from licensing or performing an investigation pursuant to NRS 253.220, has violated NRS 648.060.

      2.  A natural person who serves legal process must not be deemed to be engaged in the business of a process server and the provisions of this chapter relating to process servers, including, without limitation, the requirement to obtain a license to engage in the business of a process server pursuant to NRS 648.060, do not apply to the natural person, if the natural person serves legal process:

      (a) Without compensation;

      (b) On behalf of a litigant who is a natural person and is not a business entity; and

      (c) Not more than three times each calendar year.

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ê2017 Statutes of Nevada, Page 563ê

 

CHAPTER 127, AB 195

Assembly Bill No. 195–Assemblymen Bustamante Adams and Kramer

 

CHAPTER 127

 

[Approved: May 25, 2017]

 

AN ACT relating to cosmetology; providing for the temporary suspension of certain licenses and certificates of registration; revising provisions governing the State Board of Cosmetology; revising provisions governing instructors of various cosmetology professionals; revising provisions relating to the licensure or registration of various cosmetology professionals, cosmetological establishments and schools of cosmetology; imposing a fee upon certain applicants who request an examination be translated into a language other than English or Spanish; revising provisions relating to disciplinary action and certain prohibited acts; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the State Board of Cosmetology, which consists of seven members, is charged with (1) the licensure of cosmetologists, aestheticians, hair designers, hair braiders, electrologists, nail technologists and demonstrators of cosmetics; (2) the registration of shampoo technologists, makeup artists, apprentices and persons who engage in threading and operators of threading facilities; and (3) the licensure of cosmetological establishments, establishments for hair braiding, instructors and schools of cosmetology. (Chapter 644 of NRS) Section 1 of this bill: (1) provides for the temporary suspension of a license or certificate of registration issued by the Board without a prior hearing for a period not to exceed 15 business days under certain exigent circumstances; (2) authorizes the licensee or holder of a certificate of registration to request a postsuspension administrative review; and (3) requires the Board to hold a hearing and render a final decision as promptly as is practicable but not later than 15 days after the date on which the Board receives a request for review from the licensee or holder of the certificate of registration. Section 1.5 of this bill authorizes the Governor, after notice and a hearing, to remove any member of the State Board of Cosmetology for neglect of duty, malfeasance or misfeasance.

      Existing law requires the Board to elect both a Treasurer and a Secretary and authorizes the Board to assign the duties of Treasurer and Secretary to one person. (NRS 644.060) Section 2 of this bill instead requires the Board to annually elect one person as the Secretary-Treasurer of the Board.

      Section 3 of this bill removes the examination of certain applicants as one of the purposes of the meetings the Board is required to hold at least four times a year. Sections 15-18 of this bill make conforming changes.

      Section 6 of this bill: (1) revises provisions regarding the deposit and use of fees and other money received by the Board pursuant to the provisions of NRS governing cosmetology; and (2) prohibits certain expenses from being charged against the State General Fund.

      Sections 11-13 of this bill revise the continuing education requirements for instructors of cosmetology, instructors of aestheticians and instructors of nail technology, to provide that such instructors are required to satisfy the number of hours of continuing education required by the National Accrediting Commission of Career Arts & Sciences, or its successor organization. Section 38 of this bill eliminates certain requirements for the examination of instructors in cosmetology because those qualifications are now set forth in section 11.

 


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ê2017 Statutes of Nevada, Page 564 (Chapter 127, AB 195)ê

 

      Sections 10, 14, 17 and 18 of this bill: (1) delete the requirement that an applicant for a provisional license as an instructor, a license as a student instructor or a license as a hair braider submit to the Board written verification of completion of the educational requirement for the license; and (2) revise the circumstances under which a license as a student instructor expires.

      Section 15 of this bill changes the requirements for admission to examination for a license as a cosmetologist by reducing the number of hours of service as a cosmetologist’s apprentice from 3,600 to 3,200 hours for certain applicants.

      Sections 19 and 27-29 of this bill require certain applicants to the Board for a license or a certificate of registration to certify that the information contained in the application is truthful and accurate rather than verify the application by oath.

      Section 21 of this bill expands the provisions which require the Board to provide examinations for licensure and registration in English and, upon request, in Spanish and authorize the Board to provide examinations for licensure and registration in other languages, upon request, to apply to examinations for licensure or registration as an aesthetician, hair designer, shampoo technologist, hair braider, nail technologist or demonstrator of cosmetics.

      Existing law requires a licensee to obtain a duplicate license if his or her original license was destroyed, misplaced or mutilated or if the name or address of the licensee has changed. (NRS 644.295) Section 26 of this bill eliminates those requirements and instead authorizes a licensee or holder of a certificate to obtain a duplicate license or certificate for any reason.

      Section 30 of this bill removes the specific number of hours of instruction that a student enrolled as a cosmetologist, aesthetician, electrologist, hair designer or nail technologist must receive before commencing work on members of the public and instead requires such a student to receive a minimum of 10 percent of the total hours of instruction before commencing work on members of the public.

      Section 32 of this bill includes prostitution or solicitation for prostitution as a ground for disciplinary action by the Board against an owner of a cosmetological establishment, an establishment for hair braiding or a facility in which threading is conducted, a licensee or a holder of a certificate of registration.

      Sections 33 and 34 of this bill: (1) eliminate, as an unlawful act, a cosmetological establishment representing itself to the public as primarily engaged in the business of cutting men’s hair; (2) revise the circumstances in which the unlawful act of reproducing or otherwise copying a license or certificate of registration applies; and (3) authorizes a person to reproduce a license or certificate under certain circumstances.

      Section 36 of this bill adds the Board to the list of persons and governmental entities to whom records of criminal history must be disseminated by an agency of criminal justice upon request.

      Sections 37 and 38 eliminate the Board’s revolving fund used for cash advances.

      Sections 4, 5, 7-9, 20, 23-25, 31 and 35 of this bill clarify the applicability of those sections to certificates of registration.

 

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

      1.  If the holder of a license or certificate of registration to operate a cosmetological establishment, an establishment for hair braiding or a facility in which threading is conducted or any other licensee or a holder of a certificate of registration issued pursuant to this chapter is charged with or cited for prostitution in violation of NRS 201.354 or any other sexual offense, the appropriate law enforcement agency shall report the charge or citation to the Executive Director of the Board.

 


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ê2017 Statutes of Nevada, Page 565 (Chapter 127, AB 195)ê

 

offense, the appropriate law enforcement agency shall report the charge or citation to the Executive Director of the Board. Upon receiving such a report, the Executive Director shall immediately forward the report to the Board or the Chair of the Board. The Board must meet as soon as practicable to consider the report. If the Board finds that the health, safety or welfare of the public imperatively require emergency action and issues a cease and desist order, the Executive Director shall immediately send the cease and desist order by certified mail to the licensee or holder of the certificate of registration. The temporary suspension of the license or certificate of registration is effective immediately after the licensee or holder of the certificate of registration receives notice of the cease and desist order and must not exceed 15 business days. The licensee or holder of the certificate of registration may file a written request for a hearing to challenge the necessity of the temporary suspension. The written request must be filed not later than 10 business days after the date on which the Executive Director mails the cease and desist order. If the licensee or holder of the certificate of registration:

      (a) Files a timely written request for a hearing, the Board shall extend the temporary suspension until a hearing is held. The Board shall hold a hearing and render a final decision regarding the necessity of the temporary suspension as promptly as is practicable but not later than 15 business days after the date on which the Board receives the written request. After holding such a hearing, the Board may extend the period of the temporary suspension if the Board finds, for good cause shown, that such action is necessary to protect the health, safety or welfare of the public pending proceedings for disciplinary action.

      (b) Does not file a timely written request for a hearing and the Board wants to consider extending the period of the temporary suspension, the Board shall schedule a hearing and notify the licensee or holder of the certificate of registration immediately by certified mail of the date of the hearing. The hearing must be held and a final decision rendered regarding whether to extend the period of the temporary suspension as promptly as is practicable but not later than 15 business days after the date on which the Executive Director mails the cease and desist order. After holding such a hearing, the Board may extend the period of the temporary suspension if the Board finds, for good cause shown, that such action is necessary to protect the health, safety or welfare of the public pending proceedings for disciplinary action.

      2.  For purposes of this section, a person is deemed to have notice of a temporary suspension of his or her license or certificate of registration:

      (a) On the date on which the notice is personally delivered to the person; or

      (b) If the notice is mailed, 3 days after the date on which the notice is mailed by certified mail to the last known business or residential address of the person.

      Sec. 1.5. NRS 644.050 is hereby amended to read as follows:

      644.050  1.  After the initial terms, members of the Board serve terms of 4 years, except when appointed to fill unexpired terms.

      2.  Before entering upon the discharge of his or her duties, each member shall make and file with the Secretary of State the constitutional oath of office.

 


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ê2017 Statutes of Nevada, Page 566 (Chapter 127, AB 195)ê

 

      3.  No member of the Board may serve more than two consecutive full terms. A member who serves two consecutive full terms is not thereafter eligible to serve on the Board for a period of 1 year. Any time served on the Board in filling the unexpired term of another member does not apply in computing two consecutive full terms.

      4.  The Governor may, after notice and hearing, remove any member of the Board for neglect of duty, malfeasance or misfeasance.

      Sec. 2. NRS 644.060 is hereby amended to read as follows:

      644.060  The members of the Board shall annually elect a President, a Vice President [, a Treasurer and a Secretary] and a Secretary-Treasurer from among their number. [The members may assign the duties of the Treasurer and the Secretary to one person who shall be Treasurer and Secretary.]

      Sec. 3. NRS 644.070 is hereby amended to read as follows:

      644.070  1.  The Board shall hold meetings at least four times a year for the [examination of applicants for registration and for the] transaction of such [other] business as pertains to its duties.

      2.  The Board may hold such other meetings for the [examination of applicants for registration or for the] transaction of necessary business at such times and places as it determines.

      3.  The members of the Board are entitled to receive:

      (a) A salary of not more than $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      4.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      5.  All such compensation and expenses must be paid by the Board out of the fees and receipts received by it, and no part thereof may be paid by the State.

      Sec. 4. NRS 644.090 is hereby amended to read as follows:

      644.090  The Board shall:

      1.  Hold examinations to determine the qualifications of all applicants for a license [,] or certificate of registration, except as otherwise provided in this chapter, whose applications have been submitted to it in proper form.

      2.  Issue licenses to such applicants as may be entitled thereto.

      3.  Issue certificates of registration to such applicants as may be entitled thereto.

      4.  License establishments for hair braiding, cosmetological establishments and schools of cosmetology.

      5.  Report to the proper prosecuting officer or law enforcement agency each violation of this chapter coming within its knowledge.

      6.  Inspect schools of cosmetology, establishments for hair braiding, cosmetological establishments and any facility in this State in which threading is conducted to ensure compliance with the statutory requirements and adopted regulations of the Board. This authority extends to any member of the Board or its authorized employees.

 


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ê2017 Statutes of Nevada, Page 567 (Chapter 127, AB 195)ê

 

      Sec. 5. NRS 644.110 is hereby amended to read as follows:

      644.110  The Board shall adopt reasonable regulations:

      1.  For carrying out the provisions of this chapter.

      2.  For conducting examinations of applicants for licenses [.] and certificates of registration.

      3.  For governing the recognition of, and the credits to be given to, the study of cosmetology under a licensed electrologist or in a school of cosmetology licensed pursuant to the laws of another state or territory of the United States or the District of Columbia.

      4.  For governing the conduct of schools of cosmetology. The regulations must include but need not be limited to, provisions:

      (a) Prohibiting schools from requiring that students purchase beauty supplies for use in the course of study;

      (b) Prohibiting schools from deducting earned hours of school credit or any other compensation earned by a student as a punishment for misbehavior of the student;

      (c) Providing for lunch and coffee recesses for students during school hours; and

      (d) Allowing a member or an authorized employee of the Board to review the records of a student’s training and attendance.

      5.  Governing the courses of study and practical training required of persons for treating the skin of the human body.

      6.  For governing the conduct of cosmetological establishments.

      7.  As the Board determines are necessary for governing the conduct of establishments for hair braiding.

      Sec. 6. NRS 644.170 is hereby amended to read as follows:

      644.170  1.  [All fees collected on behalf of the Board and all receipts of every kind and nature must be reported at the beginning of each month, for the month preceding, to the Board. At the same time, the entire amount of collections, except as otherwise provided in subsection 5, must be paid to the Board, who shall deposit them] Except as otherwise provided in subsection 3, all fees and other money received by the Board pursuant to the provisions of this chapter must be deposited in banks, credit unions or savings and loan associations in the State of Nevada [.

      2.  The receipts must be for the uses of the Board and out of them must be paid all salaries and all other expenses necessarily incurred in carrying into effect the provisions of this chapter.

      3.  All orders for payment of money must be drawn on the Treasurer of the Board and countersigned by the President and the Secretary of the Board.

      4.] and expended solely for the purposes of this chapter. The money so deposited does not revert to the State General Fund. The compensation provided for by this chapter and all expenses incurred under this chapter must be paid from this money. No compensation or expenses incurred under this chapter may be charged against the State General Fund.

      2.  In a manner consistent with the provisions of chapter 622A of NRS, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks, credit unions or savings and loan associations in this State.

      [5.]3.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection [4] 2 and the Board deposits the money collected from the imposition of fines with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

 


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the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 7. NRS 644.190 is hereby amended to read as follows:

      644.190  1.  It is unlawful for any person to conduct or operate a cosmetological establishment, an establishment for hair braiding, a school of cosmetology or any other place of business in which any one or any combination of the occupations of cosmetology are taught or practiced unless the person is licensed in accordance with the provisions of this chapter.

      2.  Except as otherwise provided in subsections 4 and 5, it is unlawful for any person to engage in, or attempt to engage in, the practice of cosmetology or any branch thereof, whether for compensation or otherwise, unless the person is licensed or registered in accordance with the provisions of this chapter.

      3.  This chapter does not prohibit:

      (a) Any student in any school of cosmetology established pursuant to the provisions of this chapter from engaging, in the school and as a student, in work connected with any branch or any combination of branches of cosmetology in the school.

      (b) An electrologist’s apprentice from participating in a course of practical training and study.

      (c) A person issued a provisional license as an instructor pursuant to NRS 644.193 from acting as an instructor and accepting compensation therefor while accumulating the hours of training as a teacher required for an instructor’s license.

      (d) The rendering of services relating to the practice of cosmetology by a person who is licensed or registered in accordance with the provisions of this chapter, if those services are rendered in connection with photographic services provided by a photographer.

      (e) A registered cosmetologist’s apprentice from engaging in the practice of cosmetology under the immediate supervision of a licensed cosmetologist.

      (f) A registered shampoo technologist from engaging in the practice of shampoo technology under the immediate supervision of a licensed cosmetologist or hair designer.

      (g) A registered aesthetician’s apprentice from engaging in the practice of aesthetics under the immediate supervision of a licensed aesthetician or licensed cosmetologist.

      (h) A registered hair designer’s apprentice from engaging in the practice of hair design under the immediate supervision of a licensed hair designer or licensed cosmetologist.

      (i) A registered nail technologist’s apprentice from engaging in the practice of nail technology under the immediate supervision of a licensed nail technologist or licensed cosmetologist.

      (j) A makeup artist registered pursuant to NRS 644.251 from engaging in the practice of makeup artistry for compensation or otherwise in a licensed cosmetological establishment.

      4.  A person employed to render services relating to the practice of cosmetology in the course of and incidental to the production of a motion picture, television program, commercial or advertisement is exempt from the licensing or registration requirements of this chapter if he or she renders those services only to persons who will appear in that motion picture, television program, commercial or advertisement.

 


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      5.  A person practicing hair braiding is exempt from the licensing requirements of this chapter applicable to hair braiding if the hair braiding is practiced on a person who is related within the sixth degree of consanguinity and the person does not accept compensation for the hair braiding.

      Sec. 8. NRS 644.191 is hereby amended to read as follows:

      644.191  1.  The State Board of Cosmetology and the Board of Massage Therapists shall, to the extent practicable, reduce duplication in the licensing or registration procedure for a qualified applicant who is applying to the State Board of Cosmetology for a license or certificate of registration to practice pursuant to this chapter and who is also applying to the Board of Massage Therapists for a license to practice pursuant to chapter 640C of NRS, if both applications are filed not more than 60 days apart.

      2.  If a qualified applicant submits an application to the Board of Massage Therapists for a license to practice pursuant to chapter 640C of NRS and, not later than 60 days after that application, the applicant also submits an application to the State Board of Cosmetology for a license or certificate of registration to practice pursuant to this chapter:

      (a) The applicant is not required to submit a set of fingerprints to the State Board of Cosmetology if the applicant submitted a set of fingerprints with his or her application to the Board of Massage Therapists;

      (b) The State Board of Cosmetology shall request from the Board of Massage Therapists a copy of any reports relating to a background investigation of the applicant;

      (c) Upon receiving such a request, the Board of Massage Therapists shall provide to the State Board of Cosmetology any reports relating to a background investigation of the applicant; and

      (d) The State Board of Cosmetology shall use the reports provided by the Board of Massage Therapists in reviewing the application for a license or certificate of registration to practice pursuant to this chapter.

      Sec. 9. NRS 644.192 is hereby amended to read as follows:

      644.192  1.  The Board and a local governmental entity shall, to the extent practicable, reduce duplication in the licensing or registration procedure for a qualified applicant who is applying to the Board for a license or certificate of registration to practice pursuant to this chapter and who is also applying to the local governmental entity for a license to practice massage therapy, if both applications are filed not more than 60 days apart.

      2.  If a qualified applicant submits an application to a local governmental entity for a license to practice massage therapy and, not later than 60 days after that application, the applicant also submits an application to the Board for a license or certificate of registration to practice pursuant to this chapter:

      (a) The applicant is not required to submit a set of fingerprints to the Board if the applicant submitted a set of fingerprints with his or her application to the local governmental entity;

      (b) The Board shall request from the local governmental entity a copy of any reports relating to a background investigation of the applicant;

      (c) Upon receiving such a request, the local governmental entity shall provide to the Board any reports relating to a background investigation of the applicant; and

      (d) The Board shall use the reports provided by the local governmental entity in reviewing the application for a license or certificate of registration to practice pursuant to this chapter.

 


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      3.  If a qualified applicant submits an application to the Board for a license or certificate of registration to practice pursuant to this chapter and, not later than 60 days after that application, the applicant also submits an application to a local governmental entity for a license to practice massage therapy:

      (a) The applicant is not required to submit a set of fingerprints to the local governmental entity if the applicant submitted a set of fingerprints with his or her application to the Board;

      (b) The local governmental entity shall request from the Board a copy of any reports relating to a background investigation of the applicant;

      (c) Upon receiving such a request, the Board shall provide to the local governmental entity any reports relating to a background investigation of the applicant; and

      (d) The local governmental entity shall use the reports provided by the Board in reviewing the application for a license to practice massage therapy, except that the local governmental entity may conduct its own background investigation of the applicant if the local governmental entity deems it to be necessary.

      Sec. 10. NRS 644.193 is hereby amended to read as follows:

      644.193  1.  The Board may grant a provisional license as an instructor to a person who:

      (a) Has successfully completed the 12th grade in school or its equivalent ; [and submits written verification of the completion of his or her education;]

      (b) Has practiced as a full-time licensed cosmetologist, hair designer, hair braider, aesthetician or nail technologist for 1 year and submits written verification of his or her experience;

      (c) Is licensed pursuant to this chapter;

      (d) Applies for a provisional license on a form supplied by the Board;

      (e) Submits two current photographs of himself or herself; and

      (f) Has paid the fee established pursuant to subsection 2.

      2.  The Board shall establish and collect a fee of not less than $40 and not more than $75 for the issuance of a provisional license as an instructor.

      3.  A person issued a provisional license pursuant to this section may act as an instructor for compensation while accumulating the number of hours of training required for an instructor’s license.

      4.  A provisional license as an instructor expires upon accumulation by the licensee of the number of hours of training required for an instructor’s license or 1 year after the date of issuance, whichever occurs first. The Board may grant an extension of not more than 45 days to those provisional licensees who have applied to the Board for examination as instructors and are awaiting examination.

      Sec. 11. NRS 644.195 is hereby amended to read as follows:

      644.195  1.  [Each instructor must:

      (a) Be licensed as a cosmetologist pursuant to this chapter.] The Board shall admit to examination for a license as an instructor of cosmetology any person who has applied to the Board in proper form, paid the fee and:

      (a) Is at least 18 years of age;

      (b) [Have] Is of good moral character;

      (c) Has successfully completed the 12th grade in school or its equivalent [.

      (c) Have 1 year of experience as a cosmetologist or as a licensed student instructor.

 


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      (d) Have completed 1,000] ;