[Rev. 11/14/2017 11:52:03 AM]

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ê2017 Statutes of Nevada, Page 607ê

 

CHAPTER 132, AB 173

Assembly Bill No. 173–Assemblymen Krasner; Jauregui, Tolles and Yeager

 

CHAPTER 132

 

[Approved: May 26, 2017]

 

AN ACT relating to civil actions; requiring an applicant for a name change to submit a statement signed under penalty of perjury; revising the requirement for publication of notice; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a person to change his or her name by filing a petition in the district court of the district in which the person resides. The petition from an applicant for a name change must be addressed to the court and must state the applicant’s present name, the name which the applicant desires to bear in the future, the reason for desiring the change and whether the applicant has been convicted of a felony. (NRS 41.270) Section 1 of this bill requires an applicant for a name change to submit with the petition a statement signed under penalty of perjury that the applicant is not changing his or her name for a fraudulent purpose.

      Existing law also requires the applicant to publish a notice of the name change in a newspaper of general circulation in the county once a week for 3 successive weeks. (NRS 41.280) Section 2 of this bill requires such publication to be made at least one time.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 41.270 is hereby amended to read as follows:

      41.270  Any natural person desiring to have his or her name changed may file a verified petition with the clerk of the district court of the district in which the person resides. The petition shall be addressed to the court and shall state the applicant’s present name, the name which the applicant desires to bear in the future, the reason for desiring the change , [and] whether the applicant has been convicted of a felony [.] and a statement signed under penalty of perjury that the applicant is not changing his or her name for a fraudulent purpose.

      Sec. 2. NRS 41.280 is hereby amended to read as follows:

      41.280  1.  Except as otherwise provided in subsection 2, 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 the fact that the applicant submitted a statement signed under penalty of perjury that the applicant is not changing his or her name for a fraudulent purpose; and

      (b) Be published in some newspaper of general circulation in the county [once a week for 3 successive weeks.] at least one time.

      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.

 


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ê2017 Statutes of Nevada, Page 608 (Chapter 132, AB 173)ê

 

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.

      Sec. 3. NRS 41.290 is hereby amended to read as follows:

      41.290  1.  If, within 10 days after the [last] publication of the notice, no written objection is filed with the clerk, upon proof of the filing of the petition and publication of notice as required in NRS 41.280, and upon being satisfied by the statements in the petition, or by other evidence, that good reason exists therefor, the court shall make an order changing the name of the applicant as prayed for in the petition. If, within the period an objection is filed, the court shall appoint a day for hearing the proofs, respectively, of the applicant and the objection, upon reasonable notice. Upon that day, the court shall hear the proofs, and grant or refuse the prayer of the petitioner, according to whether the proofs show satisfactory reasons for making the change. Before issuing its order, the court shall specifically take into consideration the applicant’s criminal record, if any, which is stated in the petition.

      2.  Upon the making of an order either granting or denying the prayer of the applicant, the order must be recorded as a judgment of the court. If the petition is granted, the name of the applicant must thereupon be as stated in the order and the clerk shall transmit a certified copy of the order to the State Registrar of Vital Statistics.

      3.  If an order grants a change of name to a person who has a criminal record, the clerk shall transmit a certified copy of the order to the Central Repository for Nevada Records of Criminal History for inclusion in that person’s record of criminal history.

      4.  Upon receiving uncontrovertible proof that an applicant in the petition falsely denied having been convicted of a felony [,] or falsely stated under penalty of perjury that he or she is not changing his or her name for a fraudulent purpose, 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. 4.  This act becomes effective on July 1, 2017.

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ê2017 Statutes of Nevada, Page 609ê

 

CHAPTER 133, AB 392

Assembly Bill No. 392–Assemblymen Oscarson; Ellison and Wheeler

 

CHAPTER 133

 

[Approved: May 26, 2017]

 

AN ACT relating to elections; requiring a disclosure on certain elections-related communications; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires that certain elections-related communications contain disclosures to provide the public with information relating to the source or purpose of the elections-related communications. (NRS 294A.347-294A.349)

      Section 2 of this bill provides that if an elections-related communication is published in support of or in opposition to a candidate and the communication includes the official name and address or other official contact information of a governmental entity of the State of Nevada or any political subdivision, the communication must disclose in a clear and conspicuous manner that the communication is not endorsed by and is not an official publication of the State of Nevada or the political subdivision, as appropriate.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 2. Chapter 294A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a communication is published in support of or in opposition to a candidate and the communication includes the official name and address or other official contact information of a governmental entity, the communication must disclose in a clear and conspicuous manner the following information:

      (a) If the communication includes the official name and address or other official contact information of a governmental entity of the State of Nevada, the communication must disclose:

 

This communication is not endorsed by and is not an official publication of the State of Nevada.

 

      (b) If the communication includes the official name and address or other official contact information of a governmental entity of any political subdivision of the State of Nevada, the communication must disclose:

 

This communication is not endorsed by and is not an official publication of (insert the official name of the political subdivision).

 

      2.  As used in this section:

      (a) “Governmental entity” means the State of Nevada, any political subdivision of the State of Nevada or any agency, institution, board, commission, bureau, council, department, division, office, authority or other unit of government of the State of Nevada or any political subdivision of the State of Nevada.

 


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ê2017 Statutes of Nevada, Page 610 (Chapter 133, AB 392)ê

 

commission, bureau, council, department, division, office, authority or other unit of government of the State of Nevada or any political subdivision of the State of Nevada.

      (b) “Official name and address or other official contact information of a governmental entity” means the legal or commonly recognized name of a governmental entity and:

             (1) The street address of any building, office or other place where the governmental entity is open for the transaction of official business; or

             (2) Any other official contact information for contacting the governmental entity for the transaction of official business, including, without limitation, a telephone number, facsimile number, electronic mail address or address of the Internet website of the governmental entity.

      (c) “Publish” means the act of:

             (1) Printing, posting, broadcasting, mailing or otherwise disseminating; or

             (2) Causing to be printed, posted, broadcasted, mailed or otherwise disseminated.

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CHAPTER 134, AB 455

Assembly Bill No. 455–Committee on Commerce and Labor

 

CHAPTER 134

 

[Approved: May 26, 2017]

 

AN ACT relating to insurance; authorizing the delivery by electronic means of notices or other documents relating to a policy of insurance in certain circumstances; authorizing the posting of certain standard policies of insurance or endorsements on an Internet website in certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a party to agree to conduct transactions by electronic means and generally grants legal recognition to electronic records and electronic signatures. (NRS 719.220, 719.240) Existing law also authorizes an insurer to provide evidence of insurance for the operation of a motor vehicle in an electronic format upon the request of the insured. (NRS 690B.023) Section 6 of this bill: (1) allows a notice or other document required by law to be provided as part of an insurance transaction or which serves as evidence of insurance to be delivered by electronic means in certain circumstances; and (2) deems a delivery by electronic means to satisfy a requirement for delivery in physical form. Section 7 of this bill establishes certain conditions which must be met for a notice or other document to be delivered by electronic means. Section 7 also: (1) requires the delivery by electronic means of a notice or other document which requires verification or acknowledgment of receipt to be in an electronic form that allows for verification or acknowledgment of receipt; and (2) requires such a notice or other document to be delivered by any other delivery method authorized by law if a verification or acknowledgment of receipt is not received within 3 days after electronic delivery. Section 8 of this bill requires an insurer to cease delivery by electronic means and resume delivery by another method authorized by law in certain circumstances. Section 9 of this bill provides that a notice or other document delivered by electronic means before consent to delivery by electronic means is withdrawn is not affected by the withdrawal of consent and establishes when a withdrawal of consent is effective.

 


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ê2017 Statutes of Nevada, Page 611 (Chapter 134, AB 455)ê

 

establishes when a withdrawal of consent is effective. Section 10 of this bill allows an insurer who has an agreement with a party for delivery by electronic means of certain notices or documents before October 1, 2017, to continue such delivery if the insurer provides the party with certain statements. Section 12 of this bill allows an insurer to post a standard policy of property or casualty insurance or a standard endorsement of such a policy on its Internet website rather than mailing or delivering the policy or endorsement if the policy or endorsement does not contain personally identifiable information and the insurer satisfies certain conditions.

 

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 680A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2. As used in sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Deliver by electronic means” means:

      1.  To deliver to an electronic mail address at which a party has consented to receive notices or documents; or

      2.  To post a notice or document on an electronic network or website accessible via the Internet or a mobile application or using a computer, mobile device, tablet or any other electronic device and to deliver a separate notice of the posting of the notice or document to an electronic mail address at which a party has consented to receive notices or documents.

      Sec. 4. “Party” means any recipient of a notice or document required to be provided as part of an insurance transaction, including, without limitation, an applicant, insured, policyholder or holder of an annuity contract.

      Sec. 5. The provisions of sections 2 to 12, inclusive, of this act:

      1.  Do not apply to a notice or other document delivered by an insurer in an electronic form before October 1, 2017, to a party who consented before that date to receive the notice or other document in an electronic form which was authorized by law at the time of delivery; and

      2.  Shall not be construed to affect any other provision of law relating to the content or timing of delivery of any notice or other document.

      Sec. 6. 1.  A notice to a party or any other document which is required by law to be provided as part of an insurance transaction or which serves as evidence of insurance coverage may be delivered by electronic means if such delivery satisfies the requirements of chapter 719 of NRS and section 7 of this act.

      2.  The delivery of a notice or other document pursuant to subsection 1 is deemed to satisfy any requirement of this Code to deliver a notice or other document in physical form, including, without limitation, by:

      (a) Mail;

      (b) Mail, postage prepaid;

      (c) Certified mail;

      (d) Certified mail, return receipt requested;

      (e) First-class mail;

      (f) Registered mail;

 


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ê2017 Statutes of Nevada, Page 612 (Chapter 134, AB 455)ê

 

      (g) Registered mail, return receipt requested; or

      (h) Overnight delivery using a nationally recognized carrier.

      Sec. 7. 1.  Except as otherwise provided in subsection 2 and section 8 of this act, a notice or other document may be delivered by electronic means by an insurer to a party pursuant to subsection 1 of section 6 of this act if:

      (a) The party has affirmatively consented to delivery by electronic means and has not withdrawn such consent;

      (b) Before giving consent to delivery by electronic means, the party is provided with a clear and conspicuous statement informing the party of:

             (1) The right of the party to withdraw consent to delivery by electronic means at any time and any conditions or consequences which may be imposed in the event consent is withdrawn;

             (2) The types of notices and other documents to which the consent of the party to delivery by electronic means would apply;

             (3) The right of the party to have a notice or other document delivered in paper form; and

             (4) The procedures the party must follow to withdraw consent to delivery by electronic means and to update the electronic mail address of the party;

      (c) The party, after being provided with a statement of the hardware and software requirements for access to and retention of a notice or other document delivered by electronic means, consents or confirms consent electronically in a manner that reasonably demonstrates that the party can access information in the electronic form that will be used for delivery by electronic means of notices or other documents to which the party has given consent;

      (d) The insurer takes measures reasonably calculated to ensure that delivery by electronic means results in the receipt of a notice or other document by the party; and

      (e) Upon a change in the hardware or software requirements for access to and retention of a notice or other document delivered by electronic means which occurs after the party has consented to delivery by electronic means which creates a material risk that the party will not be able to access or retain a subsequent notice or other document, the insurer provides the party with:

             (1) A statement that describes the revised hardware or software requirements for access to and retention of a notice or other documents delivered by electronic means and the right of the party to withdraw consent without the imposition of any condition or consequence not described in the statement initially provided to the party pursuant to paragraph (b); and

             (2) A revised statement containing the information described in paragraph (b) which applies to the revised hardware or software requirements.

      2.  If a provision of this Code or any other law applicable to the delivery of a notice or other document, including, without limitation, a notice required pursuant to NRS 687B.320 to 687B.350, inclusive, requires verification or acknowledgment of receipt of the notice or other document, the notice or other document may be delivered by electronic means only if the electronic form used for delivery provides for verification or acknowledgment of receipt. If the insurer does not receive verification or acknowledgment of receipt within 3 days after delivery by electronic means of a notice or other document described by this subsection, the insurer shall deliver the notice or other document by any other delivery method authorized by law.

 


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ê2017 Statutes of Nevada, Page 613 (Chapter 134, AB 455)ê

 

acknowledgment of receipt within 3 days after delivery by electronic means of a notice or other document described by this subsection, the insurer shall deliver the notice or other document by any other delivery method authorized by law.

      Sec. 8. An insurer shall cease delivering by electronic means any notice or other document and shall deliver such notices and other documents by any other delivery method authorized by law if:

      1.  The insurer attempts to deliver by electronic means a notice or other document and has a reasonable basis to believe that the notice or other document was not received by the party; or

      2.  The insurer becomes aware that the electronic mail address provided by the party is no longer valid.

      Sec. 9. 1.  The withdrawal of consent by a party to delivery by electronic means does not affect the legal effectiveness, validity or enforceability of a notice or other document delivered by electronic means to the party before the withdrawal of consent is effective.

      2.  A withdrawal of consent by a party becomes effective within a reasonable period of time after receipt of the withdrawal of consent by the insurer.

      3.  The failure of an insurer to comply with the provisions of paragraph (e) of subsection 1 of section 7 of this act or section 10 of this act is deemed to constitute a withdrawal of consent to delivery by electronic means unless a party elects to continue to grant consent.

      Sec. 10. If a party consented to the delivery by electronic means of certain notices or documents by an insurer before October 1, 2017, the insurer may continue to deliver by electronic means such notices or documents if, before delivering by electronic means such notices or documents, the insurer provides the party with:

      1.  A statement that describes:

      (a) Any notices or documents to be delivered by electronic means pursuant to sections 2 to 12, inclusive, of this act which were not previously delivered by electronic means; and

      (b) The right of the party to withdraw consent without the imposition of any condition or consequence that was not disclosed at the time the party gave consent; and

      2.  A statement that satisfies the requirements of paragraph (b) of subsection 1 of section 7 of this act.

      Sec. 11. 1.  The failure to obtain the electronic consent or confirmation of consent of a party pursuant to paragraph (c) of subsection 1 of section 7 of this act may not be the sole basis for determining that a contract or policy of insurance is not legally effective, valid or enforceable.

      2.  A producer of insurance is not subject to civil liability for any harm or injury that occurs as a result of the election of a party for the delivery by electronic means of any notice or other document or for the failure of an insurer to deliver by electronic means a notice or other document.

      3.  Nothing in sections 2 to 12, inclusive, of this act shall be construed to modify, limit or supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq.

      Sec. 12. If a standard policy of property or casualty insurance or a standard endorsement of such a policy does not contain personally identifiable information, the insurer offering such a policy or endorsement may satisfy a requirement to mail or deliver the policy or endorsement by posting the policy or endorsement on the Internet website of the insurer if:

 


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ê2017 Statutes of Nevada, Page 614 (Chapter 134, AB 455)ê

 

may satisfy a requirement to mail or deliver the policy or endorsement by posting the policy or endorsement on the Internet website of the insurer if:

      1.  The policy or endorsement is accessible to the insured and to any producer of insurance who transacted insurance involving the policy or endorsement with the insured for as long as the policy or endorsement is in force;

      2.  The insurer retains an archive of expired policies and endorsements for not less than 5 years after the expiration of each policy or endorsement and makes expired policies and endorsements available upon request;

      3.  The policy or endorsement is posted in a manner that enables the insured and any producer of insurance who transacted insurance involving the policy or endorsement with the insured to print and save the policy or endorsement using any program or other application which is widely available on the Internet and free to use;

      4.  The insurer provides, in or with the declarations page provided at the time of issuance of the initial policy and each renewal of the policy:

      (a) A description of the exact form of policy or endorsement purchased by the insured;

      (b) A description of the right of the insured to receive, upon request and without charge, a paper copy of the policy or endorsement by mail; and

      (c) The address of the Internet website where the policy or endorsement is posted;

      5.  Upon request of the insured and without charge, the insurer mails a paper copy of the policy or endorsement to the insured; and

      6.  The insurer provides notice in the manner preferred by the insured of any change to the policy or endorsement which includes a description of the right of the insured to obtain, upon request and without charge, a paper copy of the revised policy or endorsement and the address of the Internet website where the revised policy or endorsement is posted.

      7.  The insurer complies with all applicable provisions of chapter 719 of NRS.

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ê2017 Statutes of Nevada, Page 615ê

 

CHAPTER 135, AB 26

Assembly Bill No. 26–Committee on Corrections, Parole, and Probation

 

CHAPTER 135

 

[Approved: May 26, 2017]

 

AN ACT relating to criminal records; revising provisions governing the dissemination of records of criminal history from the Central Repository for Nevada Records of Criminal History pursuant to name-based searches conducted by a service within the Central Repository; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes within the Central Repository for Nevada Records of Criminal History a service to conduct a name-based search of records of criminal history of an employee, prospective employee, volunteer or prospective volunteer. (NRS 179A.103) This bill authorizes an employment screening service which has entered into a contract with the Central Repository to inquire about, obtain and provide those records of criminal history to the employer or volunteer organization if the service maintains records of its dissemination of the records of criminal history. This bill also removes the limitation that only allowed employers in this state to use the services so that out of state employers also have access.

 

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 179A.103 is hereby amended to read as follows:

      179A.103  1.  There is hereby established within the Central Repository a service to conduct a name-based search of records of criminal history of an employee, prospective employee, volunteer or prospective volunteer.

      2.  An eligible person that wishes to participate in the service must enter into a contract with the Central Repository.

      3.  The Central Repository may charge a reasonable fee for participation in the service.

      4.  [A] An authorized participant of the service may inquire about the records of criminal history of an employee, prospective employee, volunteer or prospective volunteer to determine the suitability of the employee or prospective employee for employment or the suitability of the volunteer or prospective volunteer for volunteering.

      5.  The Central Repository shall disseminate to [a] an authorized participant of the service information which:

      (a) Reflects convictions only; or

      (b) Pertains to an incident for which an employee, prospective employee, volunteer or prospective volunteer is currently within the system of criminal justice, including parole or probation.

      6.  An employee, prospective employee, volunteer or prospective volunteer who is proposed to be the subject of a name-based search must provide his or her written consent for the Central Repository to perform the search and to release the information to [a] an authorized participant. The written consent form may be:

 


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ê2017 Statutes of Nevada, Page 616 (Chapter 135, AB 26)ê

 

      (a) A form designated by the Central Repository; or

      (b) If the authorized participant is an employment screening service, a form that complies with the provisions of 15 U.S.C. § 1681b(b)2 for the procurement of a consumer report.

      7.  An employment screening service that is designated to receive records of criminal history on behalf of an employer or volunteer organization may provide such records of criminal history to the employer or volunteer organization upon request of the employer or volunteer organization [.] , if the employment screening service maintains records of its dissemination of the records of criminal history.

      8.  The Central Repository may audit [a] an authorized participant, at such times as the Central Repository deems necessary, to ensure that records of criminal history are securely maintained.

      9.  The Central Repository may terminate participation in the service if [a] an authorized participant fails:

      (a) To pay the fees required to participate in the service; or

      (b) To address, within a reasonable period, deficiencies identified in an audit conducted pursuant to subsection 8.

      10.  As used in this section:

      (a) “Authorized participant” means an eligible person who has entered into a contract with the Central Repository to participate in the service established pursuant to subsection 1.

      (b) “Consumer report” has the meaning ascribed to it in 15 U.S.C. § 1681a(d).

      [(b)](c) “Eligible person” includes:

             (1) An employer.

             (2) A volunteer organization.

             (3) An employment screening service.

      [(c)](d) “Employer” means a person [in this State] that:

             (1) Employs an employee; or

             (2) Enters into a contract with an independent contractor.

      [(d)](e) “Employment” includes performing services for an employer as an independent contractor.

      [(e)](f) “Employment screening service” means a person or entity designated by an employer or volunteer organization to provide employment or volunteer screening services to the employer or volunteer organization.

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

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ê2017 Statutes of Nevada, Page 617ê

 

CHAPTER 136, AB 117

Assembly Bill No. 117–Assemblyman Flores

 

CHAPTER 136

 

[Approved: May 26, 2017]

 

AN ACT relating to education; requiring certain educational personnel to meet with each pupil enrolled in grades 9, 10, 11 and 12 to review the academic plan of the pupil and review the pupil’s academic strengths and weaknesses; authorizing the parent or guardian of a pupil to waive the requirement of such a meeting; requiring the academic plan of a pupil to be revised under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires pupils enrolled in grade 11 in public high schools to take a college and career readiness assessment that has been chosen by the State Board of Education and is administered by the board of trustees of each school district. Existing law also requires that the assessment: (1) be used to provide each pupil who takes the assessment a review of his or her academic strengths and weaknesses; and (2) allow teachers and other licensed educational personnel to use the results of the assessment to provide appropriate interventions for a pupil to prepare for college and career success. (NRS 390.610)

      Section 1 of this bill requires the board of trustees of each school district to ensure that a counselor, administrator or other licensed educational personnel meets individually, at least once each school year, with each pupil enrolled in grades 9, 10, 11 and 12 at a public high school, to review with the pupil the academic plan for the pupil. Section 1 authorizes the parent or guardian of a pupil to waive the requirement for such a meeting.

      The counselor, administrator or other licensed educational personnel who conducts a meeting required by section 1 is required to use the pupil’s results on the college and career readiness assessment and the results of a National Merit Scholarship Qualifying Test, if such an assessment or test is available, and the pupil’s academic records to review with the pupil his or her academic strengths and weaknesses and determine areas the pupil may need to work on to be prepared for college and career success without the need for remediation. If the counselor, administrator or other licensed educational personnel determines that remediation is necessary, section 1 requires the counselor, administrator or other licensed educational personnel to coordinate with the pupil and the pupil’s parent or legal guardian to revise the academic plan for the pupil to ensure that the pupil will be prepared for college and career success before the pupil graduates.

 

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 a new section to read as follows:

      1.  Except as otherwise provided in this subsection, the board of trustees of each school district shall adopt a policy for each public high school in the school district to ensure that a counselor, administrator or other licensed educational personnel from the public high school meets individually at least once each school year with each pupil enrolled in grades 9, 10, 11 and 12 in the public high school to review with the pupil the academic plan developed for the pupil pursuant to NRS 388.205.

 


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ê2017 Statutes of Nevada, Page 618 (Chapter 136, AB 117)ê

 

the academic plan developed for the pupil pursuant to NRS 388.205. The parent or guardian of a pupil may elect to waive the requirements of this subsection on behalf of the pupil.

      2.  At a meeting conducted pursuant to subsection 1, the counselor, administrator or other licensed educational personnel must use the results of the pupil’s college and career readiness assessment administered pursuant to NRS 390.610, if the results of the assessment are available at the time of the meeting, the results of a preliminary National Merit Scholarship Qualifying Test, if the results of the test are available at the time of the meeting, and the pupil’s academic records, to review with the pupil the areas of his or her academic strengths and weaknesses, including, without limitation, areas where additional work in the subject areas tested on the assessment or test, as applicable, is necessary to prepare the pupil for college and career success without the need for remediation.

      3.  If it is determined that the pupil requires remediation, the counselor, administrator or other licensed educational personnel must coordinate with the pupil and the pupil’s parent or legal guardian to revise the academic plan for the pupil to ensure that the pupil is prepared for college and career success before he or she graduates.

      Sec. 2.  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. 3.  This act becomes effective on July 1, 2017.

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CHAPTER 137, AB 146

Assembly Bill No. 146–Assemblymen Watkins; and Ohrenschall

 

CHAPTER 137

 

[Approved: May 26, 2017]

 

AN ACT relating to domestic violence; enacting the Uniform Recognition and Enforcement of Canadian Domestic-Violence Protection Orders Act; requiring the enforcement of Canadian domestic-violence protection orders under certain circumstances; requiring the Central Repository for Nevada Records of Criminal History to include Canadian domestic-violence protection orders registered in this State in the Repository for Information Concerning Orders for Protection Against Domestic Violence; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the enforcement and registration of an order for protection against domestic violence issued by the court of another state, territory or Indian tribe within the United States and requires certain persons to transmit certain information regarding such orders to the Central Repository for Nevada Records of Criminal History. (NRS 33.085, 33.090, 33.095) Sections 2-18 of this bill enact the Uniform Recognition and Enforcement of Canadian Domestic-Violence Protection Orders Act.

 


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ê2017 Statutes of Nevada, Page 619 (Chapter 137, AB 146)ê

 

      Section 13 requires a law enforcement officer to enforce a Canadian domestic-violence protection order in the same manner that an officer enforces an order for protection issued by a court of this State unless it is apparent to the officer that the order is not authentic on its face. Section 13 further requires a law enforcement officer to inform the protected person of local victims’ services.

      Section 14 requires certain courts and agencies in this State to enforce a Canadian domestic-violence protection order and prescribes the minimum requirements for such enforcement.

      Section 15 provides immunity from civil or criminal liability for this State and its agencies and political subdivisions and certain persons who: (1) enforce a Canadian domestic-violence protection order based upon a reasonable belief that the order is valid; or (2) refuse to enforce such an order based upon a reasonable belief that the order is not valid.

      Section 19 of this bill provides for the registration of Canadian domestic-violence protection orders with the clerk of the court in the judicial district in which the person believes enforcement may be necessary. Section 20 of this bill requires certain persons to transmit certain information regarding such orders to the Central Repository for Nevada Records of Criminal History. Section 21 of this bill requires the Central Repository to include such orders in the Repository for Information Concerning Orders for Protection Against Domestic Violence.

 

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 33 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 18, inclusive, of this act.

      Sec. 2. Sections 2 to 18, inclusive, of this act may be cited as the Uniform Recognition and Enforcement of Canadian Domestic-Violence Protection Orders Act.

      Sec. 3. As used in sections 2 to 18, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 12, inclusive of this act have the meanings ascribed to them in those sections.

      Sec. 4. “Adverse party” means a natural person against whom a Canadian domestic-violence protection order is issued.

      Sec. 5. “Canadian domestic-violence protection order” means a judgment or part of a judgment or order issued in a civil proceeding by a court of Canada under the laws of the issuing jurisdiction that relates to domestic violence and prohibits an adverse party from:

      1.  Being in physical proximity to a protected person or following a protected person;

      2.  Directly or indirectly contacting or communicating with a protected person or other person described in the order;

      3.  Being within a certain distance of a specified place or location associated with a protected person; or

      4.  Molesting, annoying, harassing or engaging in threatening conduct directed at a protected person.

      Sec. 6. “Domestic protection order” means an injunction or other order issued by a tribunal which relates to domestic or family violence laws to prevent a person from engaging in violent or threatening acts against, harassment of, direct or indirect contact or communication with or being in physical proximity to another person.

 


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ê2017 Statutes of Nevada, Page 620 (Chapter 137, AB 146)ê

 

      Sec. 7. “Issuing court” means the court that issues a Canadian domestic-violence protection order.

      Sec. 8. “Law enforcement officer” means a person authorized by the laws of this State, other than sections 2 to 18, inclusive, of this act, to enforce a domestic protection order.

      Sec. 9. “Person” means a natural person, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality or other legal entity.

      Sec. 10. “Protected person” means a natural person protected by a Canadian domestic-violence protection order.

      Sec. 11. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

      Sec. 12. “Tribunal” means a court, agency or other entity authorized by the laws of this State other than sections 2 to 18, inclusive, of this act to establish, enforce or modify a domestic protection order.

      Sec. 13. 1.  Except as otherwise provided in subsection 4 and section 14 of this act, a law enforcement officer shall enforce a Canadian domestic-violence protection order and shall make an arrest for a violation thereof in the same manner that a law enforcement officer would make an arrest for a violation of a temporary or extended order issued by a court of this State unless it is apparent to the officer that the order is not authentic on its face. An officer shall determine that an order is authentic on its face if the order contains:

      (a) The names of the parties;

      (b) Information indicating that the order has not expired; and

      (c) Information indicating that the court which issued the order had legal authority to issue the order as evidenced by a certified copy of the order, a file-stamped copy of the order, an authorized signature or stamp of the court which issued the order or another indication of the authority of the court which issued the order.

Ê An officer may determine that any other order is authentic on its face.

      2.  In enforcing a Canadian domestic-violence protection order or arresting a person for a violation of such an order, a law enforcement officer may rely upon:

      (a) A copy of the order that has been provided to the officer;

      (b) An order that is included in the Repository for Information Concerning Orders for Protection Against Domestic Violence pursuant to NRS 33.095 or in any national crime information database;

      (c) Oral or written confirmation from a law enforcement agency or court in which the order was issued that the order is valid and effective; or

      (d) An examination of the totality of the circumstances concerning the existence of a valid and effective order, including, without limitation, the statement of a person protected by the order that the order remains in effect.

      3.  The fact that a Canadian domestic-violence protection order has not been registered or included in the Repository for Information Concerning Orders for Protection Against Domestic Violence in the Central Repository for Nevada Records of Criminal History pursuant to NRS 33.095 or in any national crime information database is not grounds for a law enforcement officer to refuse to enforce the terms of the order unless it is apparent to the officer that the order is not authentic on its face.

 


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ê2017 Statutes of Nevada, Page 621 (Chapter 137, AB 146)ê

 

      4.  If a law enforcement officer determines that an otherwise valid Canadian domestic-violence protection order cannot be enforced because the adverse party has not been notified of or served with the order, the officer shall notify the protected person that the officer will make reasonable efforts to contact the adverse party, consistent with the safety of the protected person. After notice to the protected person and consistent with the safety of the protected person, the law enforcement officer shall make a reasonable effort to inform the adverse party of the order, notify the adverse party of the terms of the order, provide a record of the order, if available, to the adverse party and allow the adverse party a reasonable opportunity to comply with the order before the officer enforces the order.

      5.  If a law enforcement officer determines that a person is a protected person, the officer shall inform him or her of available local victims’ services.

      Sec. 14. 1.  A tribunal may issue an order enforcing or refusing to enforce a Canadian domestic-violence protection order on application of:

      (a) A person authorized by the laws of this State, other than sections 2 to 18, inclusive, of this act, to seek enforcement of a domestic protection order; or

      (b) An adverse party.

      2.  In a proceeding under subsection 1, the tribunal shall follow the procedures of this State for the enforcement of a domestic protection order. An order entered under this section is limited to the enforcement of the terms of the Canadian domestic-violence protection order.

      3.  A Canadian domestic-violence protection order is enforceable under this section if:

      (a) The order identifies the parties;

      (b) The order is valid and has not expired;

      (c) The issuing court had jurisdiction over the parties and the subject matter under the laws of the jurisdiction of the issuing court; and

      (d) The adverse party was given reasonable notice and an opportunity to be heard before the order was issued or, in the case of an ex parte order, the adverse party was given reasonable notice and had or will have an opportunity to be heard within a reasonable time after the order was issued and, in any event, in a manner consistent with the right of the adverse party to due process.

      4.  A Canadian domestic-violence protection order valid on its face is prima facie evidence of enforceability under this section.

      5.  A claim that a Canadian domestic-violence protection order does not comply with subsection 3 is an affirmative defense in a proceeding seeking enforcement of the order. If the tribunal determines that the order is not enforceable, the tribunal shall issue an order that the Canadian domestic-violence protection order is not enforceable under this section and section 13 of this act and may not be registered pursuant to NRS 33.090.

      6.  If the Canadian domestic-violence protection order is a mutual order for protection against domestic violence and:

      (a) No counter or cross-petition or other pleading was filed by the adverse party; or

      (b) A counter or cross-petition or other pleading was filed and the court did not make a specific finding of domestic violence by both parties,

 


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ê2017 Statutes of Nevada, Page 622 (Chapter 137, AB 146)ê

 

Ê the court shall refuse to enforce the order against the protected person and may determine whether to issue its own temporary or extended order.

      Sec. 15. This State, an agency or political subdivision of this State, a law enforcement officer, prosecuting attorney, clerk of court and any other state or local governmental official acting in an official capacity are immune from civil and criminal liability for an act or omission arising out of the registration or enforcement of a Canadian domestic-violence protection order or the detention or arrest of an alleged violator of a Canadian domestic-violence protection order if the act or omission was a good faith effort to comply with sections 2 to 18, inclusive, of this act or the provisions of NRS 33.090 or 33.095 relating to the registration of a Canadian domestic-violence protection order.

      Sec. 16. The rights and remedies provided by sections 2 to 18, inclusive, of this act are in addition to any other rights or remedies that may exist at law or in equity.

      Sec. 17. In applying and construing the Uniform Recognition and Enforcement of Canadian Domestic-Violence Protection Orders Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

      Sec. 18. Sections 2 to 18, inclusive, of this act modify, limit or supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but do not modify, limit or supersede Section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. § 7003(b).

      Sec. 19. NRS 33.090 is hereby amended to read as follows:

      33.090  1.  A person may register an order for protection against domestic violence issued by the court of another state, territory or Indian tribe within the United States or a Canadian domestic-violence protection order by presenting a certified copy of the order to the clerk of a court of competent jurisdiction in a judicial district in which the person believes that enforcement may be necessary.

      2.  The clerk of the court shall:

      (a) Maintain a record of each order registered pursuant to this section;

      (b) Provide the protected party with a copy of the order registered pursuant to this section bearing proof of registration with the court;

      (c) Forward, by conventional or electronic means, by the end of the next business day, a copy of an order registered pursuant to this section to the appropriate law enforcement agency which has jurisdiction over the residence, school, child care facility or other provider of child care, or place of employment of the protected party or the child of the protected party; and

      (d) Inform the protected party upon the successful transfer of information concerning the registration to the Central Repository for Nevada Records of Criminal History as required pursuant to NRS 33.095.

      3.  The clerk of the court shall not:

      (a) Charge a fee for registering an order or for providing a certified copy of an order pursuant to this section.

      (b) Notify the party against whom the order has been made that an order for protection against domestic violence issued by the court of another state, territory or Indian tribe has been registered in this State.

      4.  A person who registers an order pursuant to this section must not be charged to have the order served in this State.

 


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ê2017 Statutes of Nevada, Page 623 (Chapter 137, AB 146)ê

 

      5.  As used in this section, “Canadian domestic-violence protection order” has the meaning ascribed to it in section 5 of this act.

      Sec. 20. NRS 33.095 is hereby amended to read as follows:

      33.095  1.  Any time that a court issues a temporary or extended order and any time that a person serves such an order, registers such an order , registers a Canadian domestic-violence protection order or receives any information or takes any other action pursuant to NRS 33.017 to 33.100, inclusive, or sections 2 to 18, inclusive, of this act, the person shall cause to be transmitted, in the manner prescribed by the Central Repository for Nevada Records of Criminal History, any information required by the Central Repository in a manner which ensures that the information is received by the Central Repository by the end of the next business day.

      2.  As used in this section, “Canadian domestic-violence protection order” has the meaning ascribed to it in section 5 of this act.

      Sec. 20.5. NRS 125A.465 is hereby amended to read as follows:

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

      (a) A letter or other document requesting registration;

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

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

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

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

      (b) Serve notice upon the persons named pursuant to paragraph (c) of subsection 1 and provide them with an opportunity to contest the registration in accordance with this section.

      3.  The notice required by paragraph (b) of subsection 2 must state that:

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

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

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

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

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

 


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ê2017 Statutes of Nevada, Page 624 (Chapter 137, AB 146)ê

 

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

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

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

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

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

      Sec. 21. NRS 179A.350 is hereby amended to read as follows:

      179A.350  1.  The Repository for Information Concerning Orders for Protection Against Domestic Violence is hereby created within the Central Repository.

      2.  Except as otherwise provided in subsection 6, the Repository for Information Concerning Orders for Protection Against Domestic Violence must contain a complete and systematic record of all temporary and extended orders for protection against domestic violence issued or registered in the State of Nevada [,] and all Canadian domestic-violence protection orders registered in the State of Nevada, in accordance with regulations adopted by the Director of the Department, including, without limitation, any information received pursuant to NRS 33.095. Information received by the Central Repository pursuant to NRS 33.095 must be entered in the Repository for Information Concerning Orders for Protection Against Domestic Violence not later than 8 hours after it is received by the Central Repository.

      3.  The information in the Repository for Information Concerning Orders for Protection Against Domestic Violence must be accessible by computer at all times to each agency of criminal justice.

      4.  On or before July 1 of each year, the Director of the Department shall submit to the Director of the Legislative Counsel Bureau a written report concerning all temporary and extended orders for protection against domestic violence issued pursuant to NRS 33.020 during the previous calendar year that were transmitted to the Repository for Information Concerning Orders for Protection Against Domestic Violence. The report must include, without limitation, information for each court that issues temporary or extended orders for protection against domestic violence concerning:

      (a) The total number of temporary and extended orders that were granted by the court pursuant to NRS 33.020 during the calendar year to which the report pertains;

      (b) The number of temporary and extended orders that were granted to women;

 


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ê2017 Statutes of Nevada, Page 625 (Chapter 137, AB 146)ê

 

      (c) The number of temporary and extended orders that were granted to men;

      (d) The number of temporary and extended orders that were vacated or expired;

      (e) The number of temporary orders that included a grant of temporary custody of a minor child; and

      (f) The number of temporary and extended orders that were served on the adverse party.

      5.  The information provided pursuant to subsection 4 must include only aggregate information for statistical purposes and must exclude any identifying information relating to a particular person.

      6.  The Repository for Information Concerning Orders for Protection Against Domestic Violence must not contain any information concerning an event that occurred before October 1, 1998.

      7.  As used in this section, “Canadian domestic-violence protection order” has the meaning ascribed to it in section 5 of this act.

      Sec. 22.  This act becomes effective on July 1, 2017, and applies to a Canadian domestic-violence protection order issued before, on or after July 1, 2017, and to a continuing action for enforcement of a Canadian domestic-violence protection order commenced before, on or after July 1, 2017.

________

CHAPTER 138, AB 233

Assembly Bill No. 233–Assemblyman Paul Anderson

 

CHAPTER 138

 

[Approved: May 26, 2017]

 

AN ACT relating to lessors of motortrucks; authorizing a lessor of a motortruck to impose certain additional charges; requiring a lessor of a motortruck who wishes to impose an additional charge to disclose the amount of the additional charge in a price quote or estimate provided by the lessor; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill authorizes a lessor of a motortruck to impose an additional charge to recover any costs incurred by the lessor in conducting his or her business. Any such additional charges must be disclosed at the time the lessor provides a price quote or estimate for the lease of the motortruck. Existing law makes a violation of this provision a misdemeanor. (NRS 482.555)

 

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:

      1.  A lessor of a motortruck may impose an additional charge to recover any costs incurred by the lessor in conducting his or her business.

 


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ê2017 Statutes of Nevada, Page 626 (Chapter 138, AB 233)ê

 

      2.  If a lessor of a motortruck wishes to impose an additional charge pursuant to subsection 1, the lessor shall, at the time he or she provides a price quote or estimate for the lease of the motortruck to the lessee of the motortruck, disclose the existence of the additional charge and include the amount of the additional charge in the price quote or estimate.

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

________

CHAPTER 139, AB 317

Assembly Bill No. 317–Assemblywoman Spiegel

 

CHAPTER 139

 

[Approved: May 26, 2017]

 

AN ACT relating to business practices; prohibiting a person from adopting certain fictitious names; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires each person doing business in this State under an assumed or fictitious name that is in any way different from the legal name of each person who owns an interest in the business to file a certificate with the county clerk stating the assumed or fictitious name under which the business is being conducted or is intended to be conducted. (NRS 602.010, 602.020) Existing law also provides limitations on the adoption of, and prohibits a county clerk from accepting the filing of a certificate for, certain fictitious names. (NRS 602.017) This bill prohibits a person from adopting a fictitious name which imitates or causes another person to reasonably believe the fictitious name is the name of, or a name associated with, a government, governmental agency, political subdivision of a government, federally recognized Indian tribe or nation or any other governmental entity found within this State, another state or the United States.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 602.017 is hereby amended to read as follows:

      602.017  1.  No person may adopt any fictitious name which includes “Corporation,” “Corp.,” “Incorporated” or “Inc.” in its title, unless that person is a corporation organized or qualified to do business pursuant to the laws of this State.

      2.  No person may adopt any fictitious name which includes “Limited-Liability Company,” “Limited Liability Company,” “Limited Company” or the abbreviation “L.L.C.,” “L.C.,” “LLC” or “LC” in its title, unless that person is a limited-liability company organized or registered to do business pursuant to the laws of this State.

      3.  No person may adopt any fictitious name which includes “Business Trust” or the abbreviation “B.T.” or “BT” in its title, unless that person is a business trust organized or registered to do business pursuant to the laws of this State.

 


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ê2017 Statutes of Nevada, Page 627 (Chapter 139, AB 317)ê

 

      4.  No person may adopt any fictitious name which includes “Professional Corporation” or the abbreviation “Prof. Corp.,” “P.C.” or “PC” or the word “Chartered” or the abbreviation “Chtd.” in its title, unless that person is a professional corporation organized to do business pursuant to the laws of this State.

      5.  No person may adopt any fictitious name which includes “Professional Association,” “Professional Organization” or the abbreviation “Prof. Ass’n” or “Prof. Org.” in its title, unless that person is a professional association organized to do business pursuant to the laws of this State.

      6.  No person may adopt any fictitious name which includes “Limited” or the abbreviation “Ltd.” in its title, unless that person is a corporation, limited-liability company, registered limited-liability partnership, limited partnership or professional corporation organized, qualified or registered to do business pursuant to the laws of this State.

      7.  No person may adopt any fictitious name which imitates or reasonably causes another person to believe the fictitious name is the name of, or a name associated with, a government, governmental agency, political subdivision of a government, federally recognized Indian tribe or nation or any other governmental entity found within this State, another state or the United States.

      8.  No natural person may adopt any fictitious name which appears to be the name of a natural person unless the name includes an additional word or words which indicate that the fictitious name is not the name of a natural person.

      [8.]9.  No county clerk may accept for filing a certificate which violates any provision of this chapter.

      Sec. 1.5.  The amendatory provisions of this act:

      1.  Apply to any person who files a certificate pursuant to NRS 602.010 on or after July 1, 2017.

      2.  Apply to any person who has previously filed a certificate pursuant to NRS 602.010 and is required to renew such a certificate on or after July 1, 2017.

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

________

CHAPTER 140, AB 334

Assembly Bill No. 334–Assemblymen Ellison and Edwards

 

CHAPTER 140

 

[Approved: May 26, 2017]

 

AN ACT relating to highways; prohibiting a driver from operating a motor vehicle in the extreme left lane of a controlled-access highway under certain circumstances; providing exceptions; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a driver operating a motor vehicle at a speed so slow as to impede the forward movement of traffic proceeding immediately behind the driver on a highway with two or more lanes for traffic traveling in the same direction must drive in the extreme right lane of the highway. (NRS 484B.627) This bill newly provides that a driver on a controlled-access highway with two or more lanes for traffic traveling in the same direction may not continue to operate a motor vehicle in the extreme left lane of the highway if the driver knows, or reasonably should know, that he or she is driving at a rate of speed that is below the posted speed limit and is being overtaken in that lane from the rear by a motor vehicle traveling at a higher rate of speed.

 


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ê2017 Statutes of Nevada, Page 628 (Chapter 140, AB 334)ê

 

provides that a driver on a controlled-access highway with two or more lanes for traffic traveling in the same direction may not continue to operate a motor vehicle in the extreme left lane of the highway if the driver knows, or reasonably should know, that he or she is driving at a rate of speed that is below the posted speed limit and is being overtaken in that lane from the rear by a motor vehicle traveling at a higher rate of speed. Exceptions are provided for a person driving: (1) a vehicle in the extreme left lane for the purpose of overtaking another vehicle or preparing for a left turn; (2) a vehicle lawfully operating in a lane designated for high-occupancy vehicles; (3) a vehicle engaged in the construction, maintenance or repair of the highway; (4) when traffic conditions, inclement weather, obstructions, hazards or compliance with an official traffic control device or the directions of a peace officer make it necessary to drive in the extreme left lane; (5) an authorized emergency vehicle in the course of his or her official duties; and (6) a vehicle within the geographical limits of a city or town. Existing law makes a violation of the prohibition a misdemeanor. (NRS 484A.900)

 

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 484B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, on a controlled-access highway which has two or more clearly marked lanes for traveling in the same direction, a driver may not continue to operate a motor vehicle in the extreme left lane if the driver knows, or reasonably should know, that he or she is traveling at a rate of speed which is less than the posted speed limit for that portion of the controlled-access highway and is being overtaken in that lane from the rear by a motor vehicle traveling at a higher rate of speed.

      2.  The requirements of subsection 1 do not apply:

      (a) To a driver operating a motor vehicle that is:

             (1) Overtaking another vehicle proceeding in the same direction;

             (2) Preparing for a left turn at an intersection;

             (3) Traveling in a lane designated for the use of high-occupancy vehicles pursuant to NRS 484A.460, if the driver complies with the requirements to travel in such a lane; or

             (4) Engaged in the construction, maintenance or repair of the highway, including, without limitation, the removal of snow.

      (b) When traffic conditions, inclement weather, obstructions or hazards make it necessary to drive in the extreme left lane.

      (c) When compliance with an official traffic control device or the directions given by a peace officer makes it necessary to drive in the extreme left lane.

      (d) To the driver of an authorized emergency vehicle in the course of his or her official duties.

      (e) To a driver operating a motor vehicle within the geographical limits of a city or town.

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

________

 


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ê2017 Statutes of Nevada, Page 629ê

 

CHAPTER 141, AB 335

Assembly Bill No. 335– Assemblymen Edwards and Carrillo

 

CHAPTER 141

 

[Approved: May 26, 2017]

 

AN ACT relating to vehicles; requiring a person driving a moped to drive in the right lane of the highway in certain circumstances; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a person driving a moped upon the highways of this State is entitled to full use of the traffic lane the moped is occupying and is entitled to all the rights and subject to all the duties applicable to the driver of a motor vehicle as provided by law. (NRS 486.331, 486.341) Section 7 of this bill requires a person driving a moped, except a police officer in the performance of his or her duty, to drive in the extreme right-hand lane of the highway if the highway has two or more clearly marked lanes for traveling in the same direction in which the driver is traveling. Exceptions are provided for: (1) when the driver is preparing to turn left; (2) when driving to the right side of the roadway would not be safe; and (3) compliance with the directions of a police officer. Existing law makes a violation of this section a misdemeanor. (NRS 486.381) Section 6 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:

 

      Sections 1-5. (Deleted by amendment.)

      Sec. 6. NRS 486.331 is hereby amended to read as follows:

      486.331  [A] Except as otherwise provided in NRS 486.351, a person driving a motorcycle or moped upon a highway is entitled to all the rights and subject to all the duties applicable to the drivers of motor vehicles as provided by law, except those provisions which by their nature can have no application.

      Sec. 7. NRS 486.351 is hereby amended to read as follows:

      486.351  1.  A person, except a police officer in the performance of his or her duty, shall not drive a motorcycle or moped between moving or stationary vehicles occupying adjacent traffic lanes.

      2.  Except as provided in subsection 3, a person shall not drive a motorcycle, moped or trimobile abreast of or overtake or pass another vehicle within the same traffic lane.

      3.  Motorcycles and mopeds may, with the consent of the drivers, be operated no more than two abreast in a single traffic lane.

      4.  A person, except a police officer in the performance of his or her duty, driving a moped shall, except:

      (a) When preparing to turn left as provided in subsection 5;

      (b) When doing so would not be safe; or

      (c) In compliance with the directions of a police officer,

Ê drive in the extreme right-hand lane if the highway has two or more clearly marked lanes for traffic traveling in the same direction in which the driver is traveling.

 


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      5.  A person driving a moped as required pursuant to subsection 4 who is preparing to turn left may enter the lane from which the left turn will be made not more than one-quarter of a mile from where the left turn will be made.

      Sec. 8. (Deleted by amendment.)

      Sec. 9.  This act becomes effective on January 1, 2018.

________

CHAPTER 142, AB 214

Assembly Bill No. 214–Assemblywoman Neal

 

CHAPTER 142

 

[Approved: May 26, 2017]

 

AN ACT relating to clinical trials; requiring the Division of Public and Behavioral Health of the Department of Health and Human Services to establish a program to encourage participation in clinical trials of drugs and medical devices by certain groups; requiring certain state and local governmental entities to adopt a policy concerning the identification and recruitment of members of those groups to participate in such trials; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Division of Public and Behavioral Health of the Department of Health and Human Services to establish various programs relating to the provision of health care and the improvement of public health in this State. (NRS 439.495, 439.501, 439.517, 439.5295) This bill requires the Division to establish a program to encourage participation in clinical trials of drugs and medical devices by persons who are members of demographic groups that are underrepresented in such trials. This bill also requires each state or local governmental entity that conducts such trials to adopt a policy concerning the identification and recruitment of such persons to participate in those trials.

 

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

      1.  It is the policy of this State to:

      (a) Improve the completeness and quality of data concerning diverse demographic groups that is collected, reported and analyzed for the purposes of clinical trials of drugs and medical devices;

      (b) Identify barriers to participation in clinical trials by persons who are members of demographic groups that are underrepresented in such trials and employ strategies recognized by the United States Food and Drug Administration to encourage greater participation in clinical trials by such persons; and

 


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      (c) Make data concerning demographic groups that is collected, reported and analyzed for the purposes of clinical trials more available and transparent.

      2.  To assist in carrying out this policy:

      (a) The Division shall review the most recent version of “Collection of Race and Ethnicity Data in Clinical Trials — Guidance for Industry and Food and Drug Administration Staff,” published by the United States Food and Drug Administration, and establish, using existing infrastructure and tools, a program to encourage participation in clinical trials of drugs and medical devices by persons who are members of demographic groups that are underrepresented in such clinical trials. The program must include, without limitation:

             (1) Collaboration with medical facilities, health authorities and other local governmental entities, nonprofit organizations and scientific investigators and institutions that are performing research relating to drugs or medical devices to assist such investigators and institutions in identifying and recruiting persons who are members of underrepresented demographic groups to participate in clinical trials; and

             (2) The establishment and maintenance of an Internet website that:

                   (I) Provides information concerning methods recognized by the United States Food and Drug Administration for identifying and recruiting persons who are members of underrepresented demographic groups to participate in clinical trials; and

                   (II) Contains links to Internet websites maintained by medical facilities, health authorities and other local governmental entities, nonprofit organizations and scientific investigators and institutions that are performing research relating to drugs or medical devices in this State.

      (b) With the assistance of the Office of Grant Procurement, Coordination and Management of the Department of Administration, the Division shall apply for grants from any source, including, without limitation, the Federal Government, to fund the program established pursuant to paragraph (a).

      (c) Not later than May 1 of each even-numbered year, the Division shall submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report concerning the status and results of the program established pursuant to paragraph (a).

      (d) Each state or local governmental entity that conducts clinical trials of drugs or medical devices, including, without limitation, the Board of Regents of the University of Nevada, shall adopt a policy concerning the identification and recruitment of persons who are members of underrepresented demographic groups to participate in those clinical trials. Such a policy must include, without limitation, requirements that investigators who are conducting clinical trials collaborate with community-based organizations and use methods recognized by the United States Food and Drug Administration to identify and recruit such persons to participate in those clinical trials.

      3.  For the purposes of this section, demographic groups that are underrepresented in clinical trials may include, without limitation, persons who are underrepresented by race, sex, sexual orientation, socioeconomic status and age.

      4.  The Division may accept gifts, grants and donations from any source for the purpose of carrying out the provisions of this section.

 


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      5.  As used in this section, “medical facility” has the meaning ascribed to it in NRS 449.0151.

      Sec. 1.5.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

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

________

CHAPTER 143, AB 245

Assembly Bill No. 245–Assemblywoman Benitez-Thompson

 

Joint Sponsors: Senators Kieckhefer and Parks

 

CHAPTER 143

 

[Approved: May 26, 2017]

 

AN ACT relating to pharmacy; requiring a pharmacist or his or her designee to make certain entries any time a biological product is dispensed under certain circumstances; requiring the dispensing of an interchangeable biological product in substitution for a prescribed biological product under certain circumstances; requiring the State Board of Pharmacy to maintain certain lists of approved interchangeable biological products, published by the United States Food and Drug Administration, on its Internet website; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that under certain circumstances, a pharmacist is required to dispense a generic drug in substitution for a prescribed brand name drug. (NRS 639.2583) Sections 3, 5 and 7-12 of this bill enact similar provisions to provide for the dispensing of an interchangeable biological product in substitution for a prescribed biological product. Section 7 provides that under certain circumstances, a pharmacist is required to dispense an interchangeable biological product in substitution for a prescribed biological product if the interchangeable biological product is less expensive than the prescribed biological product. However, while existing law exempts from the substitution requirement a prescription drug dispensed to a person by mail or common carrier by a certified Internet pharmacy, section 7 provides that the requirement to dispense an interchangeable biological product applies to a biological product dispensed to a person by mail or common carrier by a certified Internet pharmacy. Section 3 provides that a biological product is interchangeable if the biological product has been found to be interchangeable in accordance with certain federal standards or has been listed as therapeutically equivalent in certain federal publications. (42 U.S.C. § 262) Section 5 requires the State Board of Pharmacy to maintain on its Internet website a link to the Purple Book: Lists of Licensed Biological Products with Reference Product Exclusivity and Biosimilarity or Interchangeability Evaluations, published by the United States Food and Drug Administration to be interchangeable.

      Section 4 of this bill provides that within 3 business days after dispensing a biological product, the dispensing pharmacist or his or her designee is required to make an entry of the specific product dispensed to the patient that includes, without limitation, the name and the manufacturer of the product. The record must be electronically accessible by the prescribing practitioner through certain systems. If an electronic record is not made, the dispensing pharmacist or his or her designee must provide the notice to the prescriber by certain other means.

 


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provide the notice to the prescriber by certain other means. Under section 4, a record of the dispensing of a biological product is not required to be made if: (1) there is no interchangeable biological product for the biological product that has been prescribed; or (2) the dispensed biological product is a refill and is the same product that was dispensed for the prior filling of the prescription.

 

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 the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  “Biological product” has the meaning ascribed to it in 42 U.S.C. § 262.

      Sec. 3. “Interchangeable biological product” means a biological product that the Food and Drug Administration has:

      1.  Licensed and determined meets the standards for interchangeability pursuant to 42 U.S.C. § 262(k)(4); or

      2.  Determined is therapeutically equivalent as set forth in the most recent edition or supplement of the Approved Drug Products with Therapeutic Equivalence Evaluations, published by the Food and Drug Administration.

      Sec. 4. 1.  Except as otherwise provided in subsections 3 and 4, within 3 business days after dispensing a biological product, the dispensing pharmacist or his or her designee shall make an entry of the specific product provided to the patient that includes, without limitation, the name of the product and its manufacturer. The record must be electronically accessible by the prescribing practitioner through:

      (a) An interoperable electronic health records system;

      (b) Electronic prescribing technology;

      (c) A pharmacy benefit management system; or

      (d) A pharmacy record.

      2.  An electronic record of the dispensing of a biological product made pursuant to subsection 1 is presumed to provide notice to the prescriber of the dispensing of the product.

      3.  Except as otherwise provided in subsection 4, if an electronic record of the dispensing of a biological product is not made pursuant to subsection 1, the dispensing pharmacist or his or her designee shall, within 3 business days after dispensing the biological product, give notice of the biological product to the prescriber by facsimile, telephone, electronic transmission or other available means.

      4.  Notice of the dispensing of a biological product pursuant to subsection 1 or 3 is not required if:

      (a) There is no interchangeable biological product for the biological product prescribed; or

      (b) A prescription for a refill is not changed from the product dispensed on the prior filling of the prescription.

      5.  As used in this section, “electronic health record” has the meaning ascribed to it in 42 U.S.C. § 17921(5).

      Sec. 5. The Board shall maintain a link on its Internet website to the Purple Book: Lists of Licensed Biological Products with Reference Product Exclusivity and Biosimilarity or Interchangeability Evaluations, published by the Food and Drug Administration.

 


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Product Exclusivity and Biosimilarity or Interchangeability Evaluations, published by the Food and Drug Administration.

      Sec. 6. NRS 639.001 is hereby amended to read as follows:

      639.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 639.0015 to 639.016, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 7.  NRS 639.2583 is hereby amended to read as follows:

      639.2583  1.  Except as otherwise provided in this section, if a practitioner has prescribed a [drug] :

      (a) Drug by brand name and the practitioner has not indicated, by a method set forth in subsection 5, that a substitution is prohibited, the pharmacist who fills or refills the prescription shall dispense, in substitution, another drug which is available to him or her if the other drug:

      [(a)](1) Is less expensive than the drug prescribed by brand name;

      [(b)](2) Is biologically equivalent to the drug prescribed by brand name;

      [(c)](3) Has the same active ingredient or ingredients of the same strength, quantity and form of dosage as the drug prescribed by brand name; and

      [(d)](4) Is of the same generic type as the drug prescribed by brand name.

      (b) Biological product and the practitioner has not indicated, by a method set forth in subsection 5, that a substitution is prohibited, the pharmacist who fills or refills the prescription shall dispense, in substitution, another biological product which is available to him or her if the other biological product:

             (1) Is an interchangeable biological product for the biological product prescribed; and

             (2) Is less expensive than the biological product prescribed by brand name.

      2.  If the pharmacist has available to him or her more than one drug or interchangeable biological product that may be substituted for the drug prescribed by brand name [,] or biological product prescribed, the pharmacist shall dispense, in substitution, the least expensive of the drugs or interchangeable biological products that are available to him or her for substitution.

      3.  Before a pharmacist dispenses a drug or biological product in substitution for a drug prescribed by brand name [,] or biological product prescribed, the pharmacist shall:

      (a) Advise the person who presents the prescription that the pharmacist intends to dispense a drug or biological product in substitution; and

      (b) Advise the person that he or she may refuse to accept the drug or biological product that the pharmacist intends to dispense in substitution, unless the pharmacist is being paid for the drug by a governmental agency.

      4.  If a person refuses to accept the drug or biological product that the pharmacist intends to dispense in substitution, the pharmacist shall dispense the drug prescribed by brand name [,] or biological product prescribed, unless the pharmacist is being paid for the drug or biological product by a governmental agency, in which case the pharmacist shall dispense the drug or biological product in substitution.

 


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      5.  A pharmacist shall not dispense a drug or biological product in substitution for a drug prescribed by brand name or biological product prescribed if the practitioner has indicated that a substitution is prohibited using one or more of the following methods:

      (a) By oral communication to the pharmacist at any time before the drug or biological product is dispensed.

      (b) By handwriting the words “Dispense as Written” on the form used for the prescription, including, without limitation, any form used for transmitting the prescription from a facsimile machine to another facsimile machine. The pharmacist shall disregard the words “Dispense as Written” if they have been placed on the form used for the prescription by preprinting or other mechanical process or by any method other than handwriting.

      (c) By including the words “Dispense as Written” in any prescription that is given to the pharmacist by electronic transmission pursuant to the regulations of the Board or in accordance with NRS 439.581 to 439.595, inclusive, and the regulations adopted pursuant thereto, including, without limitation, an electronic transmission from a computer equipped with a facsimile modem to a facsimile machine or from a computer to another computer pursuant to the regulations of the Board.

      6.  The provisions of this section also apply to a prescription issued to a person by a practitioner from outside this State if the practitioner has not indicated, by a method set forth in subsection 5, that a substitution is prohibited.

      7.  The provisions of this section do not apply to:

      (a) A prescription drug or biological product that is dispensed to any inpatient of a hospital by an inpatient pharmacy which is associated with that hospital;

      (b) A prescription drug that is dispensed to any person by mail order or other common carrier by an Internet pharmacy which is certified by the Board pursuant to NRS 639.23288 and authorized to provide service by mail order or other common carrier pursuant to the provisions of this chapter; or

      (c) A prescription drug or biological product that is dispensed to any person by a pharmacist if the substitution:

             (1) Would violate the terms of a health care plan that maintains a mandatory, exclusive or closed formulary for its coverage for prescription drugs [;] and biological products; or

             (2) Would otherwise make the transaction ineligible for reimbursement by a third party.

      Sec. 8. NRS 639.2587 is hereby amended to read as follows:

      639.2587  If a generic drug or interchangeable biological product is substituted for a drug prescribed by brand name [,] or biological product prescribed, the pharmacist or practitioner shall:

      1.  Note the name of the manufacturer, packer or distributor of the drug or biological product actually dispensed on the prescription; and

      2.  Indicate the substitution by writing or typing on the label the words “substituted for,” or substantially similar language, following the generic name and preceding the brand name of the drug , or following the name of the interchangeable biological product and preceding the brand name of the prescribed biological product, as applicable, unless, at the time the initial substitution of the generic drug or interchangeable biological product for a drug prescribed by brand name or biological product prescribed is made, the person for whom the drug or interchangeable biological product is dispensed elects not to have such an indication written or typed on the label.

 


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is dispensed elects not to have such an indication written or typed on the label. An election to indicate or not to indicate a substitution on the label pursuant to this subsection applies to both the fill and each refill of the same prescription.

      Sec. 9. NRS 639.2589 is hereby amended to read as follows:

      639.2589  1.  The form used for any prescription which is issued or intended to be filled in this state must contain a line for the signature of the practitioner.

      2.  Substitutions may be made in filling prescriptions contained in the orders of a physician, or of an advanced practice registered nurse who is a practitioner, in a facility for skilled nursing or facility for intermediate care.

      3.  Substitutions may be made in filling prescriptions for drugs ordered on a patient’s chart in a hospital if the hospital’s medical staff has approved a formulary for specific generic substitutions.

      4.  Substitutions may be made in filling prescriptions for biological products ordered on a patient’s chart in a hospital if the hospital’s medical staff has approved a formulary for specific interchangeable biological products.

      Sec. 10. NRS 639.259 is hereby amended to read as follows:

      639.259  No employer of a pharmacist may require the pharmacist to dispense any specific generic drug or interchangeable biological product in substitution for another drug or biological product if the:

      1.  Substitution is not permitted by the prescription as signed by a practitioner;

      2.  Substitution would be against the professional judgment of the pharmacist; or

      3.  Substitution would violate any provision of NRS 639.2583 to 639.2597, inclusive [.] , and sections 4 and 5 of this act.

      Sec. 11. NRS 639.2595 is hereby amended to read as follows:

      639.2595  A pharmacist or practitioner who selects a drug or interchangeable biological product for substitution assumes no greater civil liability than he or she assumes by filling the prescription with the drug under its brand name [.] or the prescribed biological product.

      Sec. 12. NRS 639.2597 is hereby amended to read as follows:

      639.2597  A pharmacist or practitioner who proposes to make any substitution must have made use of a list of biologically equivalent drugs or interchangeable biological products approved by the United States Food and Drug Administration.

      Sec. 13. NRS 689A.04045 is hereby amended to read as follows:

      689A.04045  1.  Except as otherwise provided in this section, a policy of health insurance which provides coverage for prescription drugs must not limit or exclude coverage for a drug if the drug:

      (a) Had previously been approved for coverage by the insurer for a medical condition of an insured and the insured’s provider of health care determines, after conducting a reasonable investigation, that none of the drugs which are otherwise currently approved for coverage are medically appropriate for the insured; and

      (b) Is appropriately prescribed and considered safe and effective for treating the medical condition of the insured.

      2.  The provisions of subsection 1 do not:

 


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      (a) Apply to coverage for any drug that is prescribed for a use that is different from the use for which that drug has been approved for marketing by the Food and Drug Administration;

      (b) Prohibit:

             (1) The insurer from charging a deductible, copayment or coinsurance for the provision of benefits for prescription drugs to the insured or from establishing, by contract, limitations on the maximum coverage for prescription drugs;

             (2) A provider of health care from prescribing another drug covered by the policy that is medically appropriate for the insured; or

             (3) The substitution of another drug pursuant to NRS 639.23286 or 639.2583 to 639.2597, inclusive [;] , and sections 4 and 5 of this act; or

      (c) Require any coverage for a drug after the term of the policy.

      3.  Any provision of a policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2001, which is in conflict with this section is void.

      Sec. 14. NRS 689B.0368 is hereby amended to read as follows:

      689B.0368  1.  Except as otherwise provided in this section, a policy of group health insurance which provides coverage for prescription drugs must not limit or exclude coverage for a drug if the drug:

      (a) Had previously been approved for coverage by the insurer for a medical condition of an insured and the insured’s provider of health care determines, after conducting a reasonable investigation, that none of the drugs which are otherwise currently approved for coverage are medically appropriate for the insured; and

      (b) Is appropriately prescribed and considered safe and effective for treating the medical condition of the insured.

      2.  The provisions of subsection 1 do not:

      (a) Apply to coverage for any drug that is prescribed for a use that is different from the use for which that drug has been approved for marketing by the Food and Drug Administration;

      (b) Prohibit:

             (1) The insurer from charging a deductible, copayment or coinsurance for the provision of benefits for prescription drugs to the insured or from establishing, by contract, limitations on the maximum coverage for prescription drugs;

             (2) A provider of health care from prescribing another drug covered by the policy that is medically appropriate for the insured; or

             (3) The substitution of another drug pursuant to NRS 639.23286 or 639.2583 to 639.2597, inclusive [;] , and sections 4 and 5 of this act; or

      (c) Require any coverage for a drug after the term of the policy.

      3.  Any provision of a policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2001, which is in conflict with this section is void.

      Sec. 15. NRS 689C.168 is hereby amended to read as follows:

      689C.168  1.  Except as otherwise provided in this section, a health benefit plan which provides coverage for prescription drugs must not limit or exclude coverage for a drug if the drug:

      (a) Had previously been approved for coverage by the carrier for a medical condition of an insured and the insured’s provider of health care determines, after conducting a reasonable investigation, that none of the drugs which are otherwise currently approved for coverage are medically appropriate for the insured; and

 


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      (b) Is appropriately prescribed and considered safe and effective for treating the medical condition of the insured.

      2.  The provisions of subsection 1 do not:

      (a) Apply to coverage for any drug that is prescribed for a use that is different from the use for which that drug has been approved for marketing by the Food and Drug Administration;

      (b) Prohibit:

             (1) The carrier from charging a deductible, copayment or coinsurance for the provision of benefits for prescription drugs to the insured or from establishing, by contract, limitations on the maximum coverage for prescription drugs;

             (2) A provider of health care from prescribing another drug covered by the plan that is medically appropriate for the insured; or

             (3) The substitution of another drug pursuant to NRS 639.23286 or 639.2583 to 639.2597, inclusive [;] , and sections 4 and 5 of this act; or

      (c) Require any coverage for a drug after the term of the plan.

      3.  Any provision of a health benefit plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2001, which is in conflict with this section is void.

      Sec. 16. NRS 695A.184 is hereby amended to read as follows:

      695A.184  1.  Except as otherwise provided in this section, a benefit contract which provides coverage for prescription drugs must not limit or exclude coverage for a drug if the drug:

      (a) Had previously been approved for coverage by the society for a medical condition of an insured and the insured’s provider of health care determines, after conducting a reasonable investigation, that none of the drugs which are otherwise currently approved for coverage are medically appropriate for the insured; and

      (b) Is appropriately prescribed and considered safe and effective for treating the medical condition of the insured.

      2.  The provisions of subsection 1 do not:

      (a) Apply to coverage for any drug that is prescribed for a use that is different from the use for which that drug has been approved for marketing by the Food and Drug Administration;

      (b) Prohibit:

             (1) The society from charging a deductible, copayment or coinsurance for the provision of benefits for prescription drugs to the insured or from establishing, by contract, limitations on the maximum coverage for prescription drugs;

             (2) A provider of health care from prescribing another drug covered by the benefit contract that is medically appropriate for the insured; or

             (3) The substitution of another drug pursuant to NRS 639.23286 or 639.2583 to 639.2597, inclusive [;] , and sections 4 and 5 of this act; or

      (c) Require any coverage for a drug after the term of the benefit contract.

      3.  Any provision of a benefit contract subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2001, which is in conflict with this section is void.

      Sec. 17. NRS 695B.1905 is hereby amended to read as follows:

      695B.1905  1.  Except as otherwise provided in this section, a contract for hospital or medical services which provides coverage for prescription drugs must not limit or exclude coverage for a drug if the drug:

 


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      (a) Had previously been approved for coverage by the insurer for a medical condition of an insured and the insured’s provider of health care determines, after conducting a reasonable investigation, that none of the drugs which are otherwise currently approved for coverage are medically appropriate for the insured; and

      (b) Is appropriately prescribed and considered safe and effective for treating the medical condition of the insured.

      2.  The provisions of subsection 1 do not:

      (a) Apply to coverage for any drug that is prescribed for a use that is different from the use for which that drug has been approved for marketing by the Food and Drug Administration;

      (b) Prohibit:

             (1) The insurer from charging a deductible, copayment or coinsurance for the provision of benefits for prescription drugs to the insured or from establishing, by contract, limitations on the maximum coverage for prescription drugs;

             (2) A provider of health care from prescribing another drug covered by the contract that is medically appropriate for the insured; or

             (3) The substitution of another drug pursuant to NRS 639.23286 or 639.2583 to 639.2597, inclusive [;] , and sections 4 and 5 of this act; or

      (c) Require any coverage for a drug after the term of the contract.

      3.  Any provision of a contract for hospital or medical services subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2001, which is in conflict with this section is void.

      Sec. 18. NRS 695C.1734 is hereby amended to read as follows:

      695C.1734  1.  Except as otherwise provided in this section, evidence of coverage which provides coverage for prescription drugs must not limit or exclude coverage for a drug if the drug:

      (a) Had previously been approved for coverage by the health maintenance organization or insurer for a medical condition of an enrollee and the enrollee’s provider of health care determines, after conducting a reasonable investigation, that none of the drugs which are otherwise currently approved for coverage are medically appropriate for the enrollee; and

      (b) Is appropriately prescribed and considered safe and effective for treating the medical condition of the enrollee.

      2.  The provisions of subsection 1 do not:

      (a) Apply to coverage for any drug that is prescribed for a use that is different from the use for which that drug has been approved for marketing by the Food and Drug Administration;

      (b) Prohibit:

             (1) The health maintenance organization or insurer from charging a deductible, copayment or coinsurance for the provision of benefits for prescription drugs to the enrollee or from establishing, by contract, limitations on the maximum coverage for prescription drugs;

             (2) A provider of health care from prescribing another drug covered by the evidence of coverage that is medically appropriate for the enrollee; or

             (3) The substitution of another drug pursuant to NRS 639.23286 or 639.2583 to 639.2597, inclusive [;] , and sections 4 and 5 of this act; or

      (c) Require any coverage for a drug after the term of the evidence of coverage.

 


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ê2017 Statutes of Nevada, Page 640 (Chapter 143, AB 245)ê

 

      3.  Any provision of an evidence of coverage subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2001, which is in conflict with this section is void.

      Sec. 19. NRS 695F.156 is hereby amended to read as follows:

      695F.156  1.  Except as otherwise provided in this section, evidence of coverage which provides coverage for prescription drugs must not limit or exclude coverage for a drug if the drug:

      (a) Had previously been approved for coverage by the prepaid limited health service organization for a medical condition of an enrollee and the enrollee’s provider of health care determines, after conducting a reasonable investigation, that none of the drugs which are otherwise currently approved for coverage are medically appropriate for the enrollee; and

      (b) Is appropriately prescribed and considered safe and effective for treating the medical condition of the enrollee.

      2.  The provisions of subsection 1 do not:

      (a) Apply to coverage for any drug that is prescribed for a use that is different from the use for which that drug has been approved for marketing by the Food and Drug Administration;

      (b) Prohibit:

             (1) The organization from charging a deductible, copayment or coinsurance for the provision of benefits for prescription drugs to the enrollee or from establishing, by contract, limitations on the maximum coverage for prescription drugs;

             (2) A provider of health care from prescribing another drug covered by the evidence of coverage that is medically appropriate for the enrollee; or

             (3) The substitution of another drug pursuant to NRS 639.23286 or 639.2583 to 639.2597, inclusive [;] , and sections 4 and 5 of this act; or

      (c) Require any coverage for a drug after the term of the evidence of coverage.

      3.  Any provision of an evidence of coverage subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2001, which is in conflict with this section is void.

      Sec. 20. NRS 695G.166 is hereby amended to read as follows:

      695G.166  1.  Except as otherwise provided in this section, a health care plan which provides coverage for prescription drugs must not limit or exclude coverage for a drug if the drug:

      (a) Had previously been approved for coverage by the managed care organization for a medical condition of an insured and the insured’s provider of health care determines, after conducting a reasonable investigation, that none of the drugs which are otherwise currently approved for coverage are medically appropriate for the insured; and

      (b) Is appropriately prescribed and considered safe and effective for treating the medical condition of the insured.

      2.  The provisions of subsection 1 do not:

      (a) Apply to coverage for any drug that is prescribed for a use that is different from the use for which that drug has been approved for marketing by the Food and Drug Administration;

      (b) Prohibit:

             (1) The organization from charging a deductible, copayment or coinsurance for the provision of benefits for prescription drugs to the insured or from establishing, by contract, limitations on the maximum coverage for prescription drugs;

 


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ê2017 Statutes of Nevada, Page 641 (Chapter 143, AB 245)ê

 

             (2) A provider of health care from prescribing another drug covered by the plan that is medically appropriate for the insured; or

             (3) The substitution of another drug pursuant to NRS 639.23286 or 639.2583 to 639.2597, inclusive [;] , and sections 4 and 5 of this act; or

      (c) Require any coverage for a drug after the term of the plan.

      3.  Any provision of a health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2001, which is in conflict with this section is void.

      Sec. 21.  This act becomes effective:

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

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

________

CHAPTER 144, AB 425

Assembly Bill No. 425–Assemblyman Sprinkle

 

CHAPTER 144

 

[Approved: May 26, 2017]

 

AN ACT relating to counselors; authorizing certain holders of licenses and certificates issued by the Board of Examiners for Alcohol, Drug and Gambling Counselors to place those licenses and certificates on inactive status; authorizing the Board to impose administrative sanctions against a person who engages in certain activity without a license or certificate; authorizing certain certified alcohol and drug abuse counselors to supervise a certified alcohol and drug abuse counselor intern; revising the required training for a certified alcohol and drug abuse counselor intern; authorizing the Board to impose disciplinary action in certain circumstances; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the Board of Examiners for Alcohol, Drug and Gambling Counselors to: (1) license clinical alcohol and drug abuse counselors and alcohol and drug abuse counselors who have received a master’s or doctoral degree in an approved field of social science; and (2) certify alcohol and drug abuse counselors who have received a bachelor’s degree in an approved field of social science, problem gambling counselors, clinical alcohol and drug abuse counselor interns, alcohol and drug abuse counselor interns and problem gambling counselor interns. (NRS 641C.330, 641C.340, 641C.350, 641C.390, 641C.420, 641C.430, 641C.440) Section 2 of this bill authorizes the holder of a license or certificate issued by the Board, other than a certificate as an intern, to place the license or certificate on inactive status if the license or certificate is in good standing and the holder of the license or certificate has met all requirements for the issuance or renewal of the license or certificate. Section 2 prohibits a person whose license is inactive from engaging in any work or activity that requires a license or certificate issued by the Board in this State unless the license or certificate is returned to active status. Violation of this provision is a misdemeanor. (NRS 641C.950) Section 6 of this bill authorizes the Board to impose disciplinary action against a person who: (1) violates this provision; or (2) engages in the practice of counseling problem gamblers with an expired, suspended or revoked certificate.

 


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ê2017 Statutes of Nevada, Page 642 (Chapter 144, AB 425)ê

 

      Section 3 of this bill authorizes the Board to impose certain sanctions, including an administrative penalty, against a person who: (1) provides services for which a license or certificate issued by the Board is required without such a license or certificate; or (2) falsely represents or implies that he or she has such a license or certificate.

      Under existing law, only a licensed alcohol and drug abuse counselor is authorized to supervise a certified alcohol and drug abuse counselor intern. (NRS 641C.420) Sections 4 and 5 of this bill additionally authorize a certified alcohol and drug abuse counselor who has been certified for at least 3 years and meets any other requirements prescribed by the Board to supervise such an intern.

      Existing law requires an applicant for a certificate as an alcohol and drug abuse counselor intern to have completed not less than 30 hours of training specific to alcohol and drug abuse, which must include at least 6 hours of instruction relating to confidentiality and 6 hours of instruction relating to ethics. (NRS 641C.420) Section 5 of this bill removes the requirement that an applicant must have completed not less than 30 hours of training specific to alcohol and drug abuse, but leaves in place the requirement that the applicant must have received at least 6 hours of instruction relating to confidentiality and 6 hours of instruction relating to ethics.

 

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 641C of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. 1.  The holder of a license or certificate issued by the Board, other than a certified intern, may apply to the Board to have his or her license or certificate placed on inactive status. The Board may grant the application if the license or certificate is in good standing and the holder of the license or certificate has met all requirements for the issuance or renewal of the license or certificate as of the date of the application.

      2.  If an application is granted pursuant to subsection 1, the holder of the license or certificate shall not engage in any work or activities that require a license or certificate issued by the Board in this State unless the license or certificate is first returned to active status.

      3.  The Board shall adopt regulations prescribing the:

      (a) Procedure for submitting an application pursuant to this section;

      (b) Procedure and terms upon which a person whose license or certificate has been placed on inactive status may resume work or activities that require a license or certificate;

      (c) Length of time that a license or certificate may remain on inactive status; and

      (d) Fees for the renewal of the inactive status of a license or certificate.

      Sec. 3. In addition to any criminal penalty that may be imposed for a violation of NRS 641C.900 or 641C.910, the Board, after notice and a hearing, may:

      1.  Issue an order against any person who has violated NRS 641C.900 or 641C.910, imposing an administrative penalty of not more than $5,000 for each violation. Any administrative penalty collected pursuant to this subsection must be deposited in the State General Fund.

      2.  Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or certificate and otherwise demonstrates that he or she is no longer in violation of NRS 641C.900 or 641C.910, as applicable. An order to cease and desist must include a telephone number by which the person may contact the Board.

 


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      3.  Issue a citation to the person. A citation issued pursuant to this subsection must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this section. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.

      4.  Impose any combination of the penalties set forth in subsections 1, 2 and 3.

      Sec. 4. NRS 641C.390 is hereby amended to read as follows:

      641C.390  1.  The Board shall issue a certificate as an alcohol and drug abuse counselor to a person who:

      (a) Is not less than 21 years of age;

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

      (c) Except as otherwise provided in subsection 2, has received a bachelor’s degree from an accredited college or university in a field of social science approved by the Board;

      (d) Has completed 4,000 hours of supervised counseling of alcohol and drug abusers;

      (e) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;

      (f) Pays the fees required pursuant to NRS 641C.470; and

      (g) Submits all information required to complete an application for a certificate.

      2.  The Board may waive the educational requirement set forth in paragraph (c) of subsection 1 if an applicant for a certificate has contracted with or receives a grant from the Federal Government to provide services as an alcohol and drug abuse counselor to persons who are authorized to receive those services pursuant to 25 U.S.C. §§ [450] 5301 et seq. or 25 U.S.C. §§ 1601 et seq. An alcohol and drug abuse counselor certified pursuant to this section for whom the educational requirement set forth in paragraph (c) of subsection 1 is waived may provide services as an alcohol and drug abuse counselor only to those persons who are authorized to receive those services pursuant to 25 U.S.C. §§ [450] 5301 et seq. or 25 U.S.C. §§ 1601 et seq.

      3.  A certificate as an alcohol and drug abuse counselor is valid for 2 years and may be renewed.

      4.  A certified alcohol and drug abuse counselor may:

      (a) Engage in the practice of counseling alcohol and drug abusers; [and]

      (b) Diagnose or classify a person as an alcoholic or abuser of drugs [.] ; and

      (c) If the certified alcohol and drug abuse counselor has been certified for at least 3 years and meets any other requirements prescribed by regulation of the Board for the supervision of interns, supervise certified alcohol and drug abuse counselor interns.

      Sec. 5. NRS 641C.420 is hereby amended to read as follows:

      641C.420  1.  The Board shall issue a certificate as an alcohol and drug abuse counselor intern to a person who:

      (a) Is not less than 21 years of age;

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

      (c) Pays the fees required pursuant to NRS 641C.470;

 


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      (d) Submits proof to the Board that the person:

             (1) Is enrolled in a program in which he or she has completed at least 60 hours of credit toward the completion of a bachelor’s degree in a field of social science approved by the Board;

             (2) Is enrolled in a program from which he or she will receive a master’s degree or doctoral degree in a field of social science approved by the Board; or

             (3) Has received an associate’s degree, bachelor’s degree, master’s degree or doctoral degree that included at least 18 hours of credit specifically related to the practice of counseling alcohol and drug abusers in a field of social science approved by the Board;

      (e) Has [completed not less than 30 hours of training specific to alcohol and drug abuse which must:

             (1) Include] received at least 6 hours of [instructions] instruction relating to confidentiality and 6 hours of instruction relating to ethics; and

             [(2) Be approved by the Board; and]

      (f) Submits all information required to complete an application for a certificate.

      2.  A certificate as an alcohol and drug abuse counselor intern is valid for 6 months and may be renewed. The Board may waive any requirement for the renewal of a certificate upon good cause shown by the holder of the certificate.

      3.  A certified alcohol and drug abuse counselor intern may, under the supervision of a licensed alcohol and drug abuse counselor , [or] licensed clinical alcohol and drug abuse counselor [:] or certified alcohol and drug abuse counselor who meets the requirements of paragraph (c) of subsection 4 of NRS 641C.390:

      (a) Engage in the practice of counseling alcohol and drug abusers; and

      (b) Diagnose or classify a person as an alcoholic or drug abuser.

      Sec. 6. NRS 641C.700 is hereby amended to read as follows:

      641C.700  The grounds for initiating disciplinary action pursuant to the provisions of this chapter include:

      1.  Conviction of:

      (a) A felony relating to the practice of counseling alcohol and drug abusers, the clinical practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers;

      (b) An offense involving moral turpitude; or

      (c) A violation of a federal or state law regulating the possession, distribution or use of a controlled substance or dangerous drug as defined in chapter 453 of NRS;

      2.  Fraud or deception in:

      (a) Applying for a license or certificate;

      (b) Taking an examination for a license or certificate;

      (c) Documenting the continuing education required to renew or reinstate a license or certificate;

      (d) Submitting a claim for payment to an insurer; or

      (e) The practice of counseling alcohol and drug abusers or the clinical practice of counseling alcohol and drug abusers;

      3.  Allowing the unauthorized use of a license or certificate issued pursuant to this chapter;

      4.  Professional incompetence;

 


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ê2017 Statutes of Nevada, Page 645 (Chapter 144, AB 425)ê

 

      5.  The habitual use of alcohol or any other drug that impairs the ability of a licensed or certified counselor or certified intern to engage in the practice of counseling alcohol and drug abusers or the clinical practice of counseling alcohol and drug abusers;

      6.  Engaging in the practice of counseling alcohol and drug abusers , the practice of counseling problem gamblers or the clinical practice of counseling alcohol and drug abusers with an inactive, expired, suspended or revoked license or certificate;

      7.  Engaging in behavior that is contrary to the ethical standards as set forth in the regulations of the Board; and

      8.  The operation of a medical facility, as defined in NRS 449.0151, at any time during which:

      (a) The license of the facility is suspended or revoked; or

      (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

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

________

CHAPTER 145, AB 34

Assembly Bill No. 34–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 145

 

[Approved: May 26, 2017]

 

AN ACT relating to government land; reducing the number of independent appraisals of state land required before such land may be offered for sale or lease; revising certain restrictions on the performance of an appraisal of certain government land by an appraiser; revising provisions relating to the Revolving Account for Land Management; removing an exemption from procedural requirements for the sale or lease of state land for a lease of residential property with a term of 1 year or less; revising provisions relating to the requirement that the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources develop and make certain information useful to land use planning available to cities and counties; repealing obsolete provisions regarding the Lincoln County Pilot Land Development and Disposal Law; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the Division of State Lands of the State Department of Conservation and Natural Resources must acquire and hold in the name of the State all land and interests in land owned or required by the State, with certain exceptions. (NRS 321.001) The Administrator of the Division is, ex officio, the State Land Registrar. (NRS 321.010)

      Existing law requires, with certain exceptions, the State Land Registrar to obtain two independent appraisals of any state land before offering the land for sale or lease. (NRS 321.007) Section 1 of this bill decreases to one the number of independent appraisals that the State Land Registrar is required to obtain before offering state land for sale or lease.

 


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      Existing law also prohibits an appraiser from appraising state land if the appraiser or a person related to the appraiser within the first degree of consanguinity or affinity has an interest in the land or an adjoining property. Section 1 expands the prohibited degree of consanguinity or affinity of the appraiser’s relative to the third degree of consanguinity or affinity.

      Existing law creates the Revolving Account for Land Management as a special account in the State General Fund. Money in the Account must be used to pay the expenses relating to the management of land held by the Division of State Lands, including, without limitation, expenses for appraisals and surveys, construction of fences and barriers for vehicles and the cleanup and maintenance of the land. (NRS 321.067) Section 2 of this bill authorizes money in the Account also to be used to pay expenses relating to the acquisition of or interests in land. Section 2 also provides that the expenses for which money in the Account may be used may include land surveys, required assessments of the land, including surveys of the biological, environmental and cultural conditions and resources of the land, and any required mitigation of the land.

      Existing law authorizes the State Land Registrar to request an allocation to the Revolving Account from the Contingency Account in the State General Fund if the balance in the Revolving Account is below $5,000. Section 2 of this bill raises that amount to $20,000.

      Existing law provides procedural requirements for the sale or lease of state land and exempts from those requirements any lease of residential property with a term of 1 year or less. (NRS 321.335) Section 3 of this bill removes that exemption.

      Existing law requires the Administrator of the Division of State Lands to: (1) administer the activities of the State Land Use Planning Agency; and (2) develop and distribute information that is useful to land use planning. Existing law also gives priority to the activities of the State Land Use Planning Agency in the provision of technical assistance in areas of this State where such assistance is requested. (NRS 321.710) Section 3.5 of this bill limits the entities to which priority in the provision of technical assistance must be given to counties and cities.

      Existing law requires the Administrator of the Division of State Lands to develop and make available to cities and counties certain specified information useful to land use planning. (NRS 321.720) Section 4 of this bill removes the requirement that the Administrator develop and make available to cities and counties: (1) statewide data relating to population densities and trends, economic and environmental characteristics and trends, and directions and extent of urban and rural growth; (2) projections of the nature and quantity of land needed and suitable for various purposes; and (3) a continuously revised inventory of the environmental, geological and physical conditions which influence the desirability of various uses of land. Section 4 also requires the Administrator, to the extent practicable, to compile the information developed and make the compilation available to counties and cities.

      Existing law prohibits an appraiser who appraises any real property that is offered for sale or lease by a board of county commissioners or the governing body of an incorporated city from conducting the appraisal if the appraiser or a person related to the appraiser within the first degree of consanguinity or affinity has an interest in the real property or an adjoining property. (NRS 244.2795, 268.059) Sections 6 and 7 of this bill expand the prohibited degree of consanguinity or affinity of the person from the first degree of consanguinity or affinity to the third degree of consanguinity or affinity and, in certain circumstances, the second degree of consanguinity or affinity.

      Section 9 of this bill repeals obsolete provisions relating to the Lincoln County Pilot Land Development and Disposal Law. (NRS 321.540-321.590)

 

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 647 (Chapter 145, AB 34)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 321.007 is hereby amended to read as follows:

      321.007  1.  Except as otherwise provided in subsection 5, NRS 321.008, 322.061, 322.063, 322.065 or 322.075, except as otherwise required by federal law, except for land that is sold or leased to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for land that is sold or leased to a state or local governmental entity, except for a lease which is part of a contract entered into pursuant to chapter 333 of NRS and except for land that is sold or leased pursuant to an agreement entered into pursuant to NRS 277.080 to 277.170, inclusive, when offering any land for sale or lease, the State Land Registrar shall:

      (a) [Except as otherwise provided in this paragraph, obtain two] Obtain an independent [appraisals] appraisal of the land before selling or leasing it. [If the Interim Finance Committee grants its approval after discussion of the fair market value of the land, one independent appraisal of the land is sufficient before selling or leasing it.] The appraisal [or appraisals, as applicable,] must have been prepared not more than 6 months before the date on which the land is offered for sale or lease.

      (b) Notwithstanding the provisions of chapter 333 of NRS, select [the one] an independent appraiser [or two independent appraisers, as applicable,] from the list of appraisers established pursuant to subsection 2.

      (c) Verify the qualifications of [each] an appraiser selected pursuant to paragraph (b). The determination of the State Land Registrar as to the qualifications of an appraiser is conclusive.

      2.  The State Land Registrar shall adopt regulations for the procedures for creating or amending a list of appraisers qualified to conduct appraisals of land offered for sale or lease by the State Land Registrar. The list must:

      (a) Contain the names of all persons qualified to act as a general appraiser in the same county as the land that may be appraised; and

      (b) Be organized at random and rotated from time to time.

      3.  An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income of the appraiser that may constitute a conflict of interest and any relationship of the appraiser with the owner of the land or the owner of an adjoining property.

      4.  An appraiser shall not perform an appraisal on any land offered for sale or lease by the State Land Registrar if the appraiser or a person related to the appraiser within the [first] third degree of consanguinity or affinity has an interest in the land or an adjoining property.

      5.  If a lease of land is for residential property and the term of the lease is 1 year or less, the State Land Registrar shall obtain an analysis of the market value of similar rental properties prepared by a licensed real estate broker or salesperson when offering such a property for lease.

      6.  If land is sold or leased in violation of the provisions of this section:

      (a) The sale or lease is void; and

      (b) Any change to an ordinance or law governing the zoning or use of the land is void if the change takes place within 5 years after the date of the void sale or lease.

 


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ê2017 Statutes of Nevada, Page 648 (Chapter 145, AB 34)ê

 

      Sec. 2. NRS 321.067 is hereby amended to read as follows:

      321.067  1.  The Revolving Account for Land Management is hereby created as a special account in the State General Fund.

      2.  The State Land Registrar shall use the money in the Revolving Account to pay the expenses related to the management of land held by the Division [,] and the acquisition of or interests in land, including, without limitation, expenses for:

      (a) Appraisals and land surveys;

      (b) Required environmental assessments of the land, including, without limitation, surveys of the biological, environmental and cultural conditions and resources of the land;

      (c) Construction of fences and barriers for vehicles; [and

      (c)](d) The cleanup and maintenance of the land [.] ; and

      (e) Any mitigation required of the land.

      3.  The State Land Registrar shall:

      (a) Approve any disbursement from the Revolving Account; and

      (b) Maintain records of any such disbursement.

      4.  The State Land Registrar shall deposit into the Revolving Account money received by the Division as a donation or as a reimbursement for or advance payment of an expense paid out of the Revolving Account.

      5.  The balance of the Revolving Account must be carried forward at the end of each fiscal year.

      6.  If the balance in the account is below [$5,000,] $20,000, the State Land Registrar may request an allocation from the Contingency Account in the State General Fund pursuant to NRS 353.266, 353.268 and 353.269.

      Sec. 3. NRS 321.335 is hereby amended to read as follows:

      321.335  1.  Except as otherwise provided in NRS 321.008, 321.125, 322.061, 322.063, 322.065 or 322.075, except as otherwise required by federal law, except for land that is sold or leased to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for land that is sold or leased to a state or local governmental entity, except for a lease which is part of a contract entered into pursuant to chapter 333 of NRS and except for an agreement entered into pursuant to the provisions of NRS 277.080 to 277.170, inclusive, [or a lease of residential property with a term of 1 year or less,] after April 1, 1957, all sales or leases of any lands that the Division is required to hold pursuant to NRS 321.001, including lands subject to contracts of sale that have been forfeited, are governed by the provisions of this section.

      2.  Whenever the State Land Registrar deems it to be in the best interests of the State of Nevada that any lands owned by the State and not used or set apart for public purposes be sold or leased, the State Land Registrar may, with the approval of the State Board of Examiners and the Interim Finance Committee, cause those lands to be sold or leased upon sealed bids, or oral offer after the opening of sealed bids for cash or pursuant to a contract of sale or lease, at a price not less than the highest appraised value for the lands plus the costs of appraisal and publication of notice of sale or lease.

      3.  Before offering any land for sale or lease, the State Land Registrar shall comply with the provisions of NRS 321.007.

      4.  After complying with the provisions of NRS 321.007, the State Land Registrar shall cause a notice of sale or lease to be published once a week for 4 consecutive weeks in a newspaper of general circulation published in the county where the land to be sold or leased is situated, and in such other newspapers as the State Land Registrar deems appropriate.

 


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ê2017 Statutes of Nevada, Page 649 (Chapter 145, AB 34)ê

 

newspapers as the State Land Registrar deems appropriate. If there is no newspaper published in the county where the land to be sold or leased is situated, the notice must be so published in a newspaper published in this State having a general circulation in the county where the land is situated.

      5.  The notice must contain:

      (a) A description of the land to be sold or leased;

      (b) A statement of the terms of sale or lease;

      (c) A statement that the land will be sold pursuant to subsection 6; and

      (d) The place where the sealed bids will be accepted, the first and last days on which the sealed bids will be accepted, and the time when and place where the sealed bids will be opened and oral offers submitted pursuant to subsection 6 will be accepted.

      6.  At the time and place fixed in the notice published pursuant to subsection 4, all sealed bids which have been received must, in public session, be opened, examined and declared by the State Land Registrar. Of the proposals submitted which conform to all terms and conditions specified in the notice published pursuant to subsection 4 and which are made by responsible bidders, the bid which is the highest must be finally accepted, unless a higher oral offer is accepted or the State Land Registrar rejects all bids and offers. Before finally accepting any written bid, the State Land Registrar shall call for oral offers. If, upon the call for oral offers, any responsible person offers to buy or lease the land upon the terms and conditions specified in the notice, for a price exceeding by at least 5 percent the highest written bid, then the highest oral offer which is made by a responsible person must be finally accepted.

      7.  The State Land Registrar may reject any bid or oral offer to purchase or lease submitted pursuant to subsection 6, if the State Land Registrar deems the bid or offer to be:

      (a) Contrary to the public interest.

      (b) For a lesser amount than is reasonable for the land involved.

      (c) On lands which it may be more beneficial for the State to reserve.

      (d) On lands which are requested by the State of Nevada or any department, agency or institution thereof.

      8.  Upon acceptance of any bid or oral offer and payment to the State Land Registrar in accordance with the terms of sale specified in the notice of sale, the State Land Registrar shall convey title by quitclaim or cause a patent to be issued as provided in NRS 321.320 and 321.330.

      9.  Upon acceptance of any bid or oral offer and payment to the State Land Registrar in accordance with the terms of lease specified in the notice of lease, the State Land Registrar shall enter into a lease agreement with the person submitting the accepted bid or oral offer pursuant to the terms of lease specified in the notice of lease.

      10.  The State Land Registrar may require any person requesting that state land be sold pursuant to the provisions of this section to deposit a sufficient amount of money to pay the costs to be incurred by the State Land Registrar in acting upon the application, including the costs of publication and the expenses of appraisal. This deposit must be refunded whenever the person making the deposit is not the successful bidder. The costs of acting upon the application, including the costs of publication and the expenses of appraisal, must be borne by the successful bidder.

      11.  If land that is offered for sale or lease pursuant to this section is not sold or leased at the initial offering of the contract for the sale or lease of the land, the State Land Registrar may offer the land for sale or lease a second time pursuant to this section.

 


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land, the State Land Registrar may offer the land for sale or lease a second time pursuant to this section. If there is a material change relating to the title, zoning or an ordinance governing the use of the land, the State Land Registrar must [, as applicable,] obtain a new appraisal [or new appraisals] of the land pursuant to the provisions of NRS 321.007 before offering the land for sale or lease a second time. If land that is offered for sale or lease pursuant to this section is not sold or leased at the second offering of the contract for the sale or lease of the land, the State Land Registrar may list the land for sale or lease at the appraised value with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the land or an adjoining property.

      Sec. 3.5. NRS 321.710 is hereby amended to read as follows:

      321.710  1.  The Administrator shall administer the activities of the State Land Use Planning Agency. The Administrator has authority and responsibility for the development and distribution of information useful to land use planning.

      2.  The activities of the State Land Use Planning Agency which have priority are:

      (a) Provision of technical assistance to a county or city in areas where such assistance is requested;

      (b) Activities relating to federal lands in this State; and

      (c) Investigation and review of proposals for designation of areas of critical environmental concern and the development of standards and plans therefor.

      3.  In addition to the assistant provided by subsection 3 of NRS 321.010 the Administrator may appoint, subject to the availability of money, such professional, technical, administrative, clerical and other persons as the Administrator may require for assistance in performing his or her land use planning duties.

      Sec. 4. NRS 321.720 is hereby amended to read as follows:

      321.720  1.  The Administrator shall develop and make available to cities and counties information useful to land use planning, including:

      [1.](a) Preparation and continuing revision of a statewide inventory of the land and natural resources of the State;

      [2.  Compilation and continuing revision of data, on a statewide basis, related to population densities and trends, economic characteristics and projections, environmental conditions and trends, and directions and extent of urban and rural growth;

      3.  Projections of the nature and quantity of land needed and suitable for:

      (a) Recreation and esthetic appreciation;

      (b) Conservation and preservation of natural resources, agriculture, mineral development and forestry;

      (c) Industry and commerce, including the development, generation and transmission of energy;

      (d) Transportation;

      (e) Urban development, including the revitalization of existing communities, the development of new towns, and the economic diversification of existing communities which possess a narrow economic base;

 


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      (f) Rural development, taking into consideration future demands for and limitations upon products of the land; and

      (g) Health, educational, and other state and local governmental services;

      4.  Preparation and continuing revision of an inventory of environmental, geological and physical conditions, including types of soil, which influence the desirability of various uses of land;

      5.](b) Preparation and continuing revision of an inventory of state, local government and private needs and priorities concerning the acquisition and use of federal lands within the State;

      [6.](c) Preparation and continuing revision of an inventory of public and private institutional and financial resources available for land use planning and management within the State and of state and local programs and activities which have a land use impact of more than local concern;

      [7.](d) Provision, where appropriate, of technical assistance and training programs for state and local agency personnel concerned with the development and implementation of state and local land use programs;

      [8.](e) Coordination and exchange of land use planning information and data among state agencies and local governments, with the Federal Government, among the several states and interstate agencies, and with members of the public, including conducting of public hearings, preparation of reports and soliciting of comments on reports concerning information useful to land use planning;

      [9.](f) Coordination of planning for state and local acquisition and use of federal lands within the State, except that in the case of a plan which utilizes both federal and private lands the governing body of the area where private lands are to be utilized has final authority to approve the proposal;

      [10.](g) Provision of assistance to counties to develop programs to increase the responsibility of local governments for the management of lands in the State of Nevada that are under federal management; and

      [11.](h) Consideration of, and consultation with, the relevant states on the interstate aspects of land use issues of more than local concern.

      2.  To the extent practicable, the Administrator shall:

      (a) Compile any information developed pursuant to subsection 1; and

      (b) Make the compilation available to cities and counties.

      Sec. 5. (Deleted by amendment.)

      Sec. 6. NRS 244.2795 is hereby amended to read as follows:

      244.2795  1.  Except as otherwise provided in NRS 244.189, 244.276, 244.279, 244.2815, 244.2825, 244.2833, 244.2835, 244.284, 244.287, 244.290, 278.479 to 278.4965, inclusive, and subsection 3 of NRS 496.080, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on or before October 1, 2004, except if the board of county commissioners is entering into a joint development agreement for real property owned by the county to which the board of county commissioners is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for the sale or lease of real property to the State or another governmental entity and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election or special election, the board of county commissioners shall, when offering any real property for sale or lease:

 


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      (a) Except as otherwise provided in this paragraph, obtain two independent appraisals of the real property before selling or leasing it. If the board of county commissioners holds a public hearing on the matter of the fair market value of the real property, one independent appraisal of the real property is sufficient before selling or leasing it. The appraisal or appraisals, as applicable, must have been prepared not more than 6 months before the date on which the real property is offered for sale or lease.

      (b) Select the one independent appraiser or two independent appraisers, as applicable, from the list of appraisers established pursuant to subsection 2.

      (c) Verify the qualifications of each appraiser selected pursuant to paragraph (b). The determination of the board of county commissioners as to the qualifications of the appraiser is conclusive.

      2.  The board of county commissioners shall adopt by ordinance the procedures for creating or amending a list of appraisers qualified to conduct appraisals of real property offered for sale or lease by the board. The list must:

      (a) Contain the names of all persons qualified to act as a general appraiser in the same county as the real property that may be appraised; and

      (b) Be organized at random and rotated from time to time.

      3.  An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income that may constitute a conflict of interest and any relationship with the real property owner or the owner of an adjoining real property.

      4.  An appraiser shall not perform an appraisal on any real property for sale or lease by the board of county commissioners if [the] :

      (a) The appraiser [or a person related to the appraiser within the first degree of consanguinity or affinity] has an interest in the real property or an adjoining property [.] ;

      (b) The real property is located in a county whose population is 45,000 or more and any person who is related to the appraiser has an interest in the real property or an adjoining property and the relationship between the appraiser and the person is within the third degree of consanguinity or affinity; or

      (c) The real property is located in a county whose population is less than 45,000 and any person who is related to the appraiser has an interest in the real property or an adjoining property and the relationship between the appraiser and the person is within the second degree of consanguinity or affinity.

      5.  If real property is sold or leased in violation of the provisions of this section:

      (a) The sale or lease is void; and

      (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.

      Sec. 7. NRS 268.059 is hereby amended to read as follows:

      268.059  1.  Except as otherwise provided in NRS 268.048 to 268.058, inclusive, 268.064, 278.479 to 278.4965, inclusive, and subsection 4 of NRS 496.080, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for the sale or lease of real property to the State or another governmental entity and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election, primary or general city election or special election, the governing body shall, when offering any real property for sale or lease:

 


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ê2017 Statutes of Nevada, Page 653 (Chapter 145, AB 34)ê

 

a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for the sale or lease of real property to the State or another governmental entity and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election, primary or general city election or special election, the governing body shall, when offering any real property for sale or lease:

      (a) Except as otherwise provided in this paragraph, obtain two independent appraisals of the real property before selling or leasing it. If the governing body holds a public hearing on the matter of the fair market value of the real property, one independent appraisal of the real property is sufficient before selling or leasing it. The appraisal or appraisals, as applicable, must be based on the zoning of the real property as set forth in the master plan for the city and must have been prepared not more than 6 months before the date on which real property is offered for sale or lease.

      (b) Select the one independent appraiser or two independent appraisers, as applicable, from the list of appraisers established pursuant to subsection 2.

      (c) Verify the qualifications of each appraiser selected pursuant to paragraph (b). The determination of the governing body as to the qualifications of the appraiser is conclusive.

      2.  The governing body shall adopt by ordinance the procedures for creating or amending a list of appraisers qualified to conduct appraisals of real property offered for sale or lease by the governing body. The list must:

      (a) Contain the names of all persons qualified to act as a general appraiser in the same county as the real property that may be appraised; and

      (b) Be organized at random and rotated from time to time.

      3.  An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income of the appraiser that may constitute a conflict of interest and any relationship of the appraiser with the property owner or the owner of an adjoining property.

      4.  An appraiser shall not perform an appraisal on any real property offered for sale or lease by the governing body if [the] :

      (a) The appraiser [or a person related to the appraiser within the first degree of consanguinity or affinity] has an interest in the real property or an adjoining property [.] ;

      (b) The real property is located in a city in a county whose population is 45,000 or more and any person who is related to the appraiser has an interest in the real property or an adjoining property and the relationship between the appraiser and the person is within the third degree of consanguinity or affinity; or

      (c) The real property is located in a city in a county whose population is less than 45,000 and any person who is related to the appraiser has an interest in the real property or an adjoining property and the relationship between the appraiser and the person is within the second degree of consanguinity or affinity.

      5.  If real property is sold or leased in violation of the provisions of this section:

      (a) The sale or lease is void; and

      (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.

 


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ê2017 Statutes of Nevada, Page 654 (Chapter 145, AB 34)ê

 

      Sec. 8.  The amendatory provisions of NRS 244.2795, 268.059 and 321.007, as amended by sections 6, 7 and 1, respectively, of this act do not apply to an appraisal specified in those sections which is conducted before July 1, 2017.

      Sec. 9. NRS 321.540, 321.550, 321.560, 321.570, 321.580 and 321.590 are hereby repealed.

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

________

CHAPTER 146, AB 114

Assembly Bill No. 114–Assemblywoman Titus

 

CHAPTER 146

 

[Approved: May 26, 2017]

 

AN ACT relating to irrigation districts; increasing the maximum amount of indebtedness that the board of directors of an irrigation district may incur and the amount of certain annual assessments that may be levied on lands in the district; requiring an annual adjustment of those amounts; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law imposes certain limitations on the amount of indebtedness that may be incurred by the board of directors of an irrigation district and the annual assessments that may be levied on lands in the district. (NRS 539.480) This bill increases the maximum allowable amounts and provides for an annual adjustment of those amounts by the lesser of 4.5 percent or a factor based upon the Consumer Price Index for West Urban Consumers. This bill further requires that notice of the adjusted amounts be given annually to the owners of lands in the district.

 

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 539.480 is hereby amended to read as follows:

      539.480  1.  Except as otherwise provided in subsection 2, for the purpose of organization or any of the purposes of this chapter, the board of directors may incur an indebtedness not exceeding in the aggregate the sum of [$1,000,000,] $1,055,000, as adjusted pursuant to subsection 8, and may cause warrants or negotiable notes of the district to issue therefor, bearing interest which must not exceed by more than 5 percent the Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted. The board may levy an assessment on all lands in the district for the payment of those expenses.

      2.  A board of directors of a district that has entered into a contract with the United States pursuant to NRS 539.270 may, for purposes of complying with the federal Reclamation Safety of Dams Act [,] of 1978, 43 U.S.C. §§ 506 et seq., [may] or any other federal statute or regulation, incur an indebtedness not exceeding in the aggregate the sum of $6,000,000, as adjusted pursuant to subsection 8, and may cause warrants or negotiable notes of the district to issue therefor, bearing interest which must not exceed by more than 5 percent the Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted.

 


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ê2017 Statutes of Nevada, Page 655 (Chapter 146, AB 114)ê

 

by more than 5 percent the Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted. The board may levy an assessment on all lands in the district for the payment of those expenses.

      3.  Subject to the provisions of subsections 4, 5 , [and] 6 [,] and 8, thereafter the board may levy:

      (a) An annual assessment, in the absence, except as otherwise provided in paragraph (b), of assessments therefor pursuant to any of the other provisions of this chapter, of not more than [$1.50] $1.70 per acre , as adjusted pursuant to subsection 8, on all lands in the district for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses; and

      (b) An annual assessment of not more than [$5] $5.70 per acre , as adjusted pursuant to subsection 8, on all the lands in the district for deposit in a capital improvement fund for the construction, reconstruction or maintenance of the irrigation system of the district and any appurtenances necessary thereto.

      4.  Annual assessments levied pursuant to the provisions of subsection 3 may not cumulatively exceed [$5] $5.70 per acre [.] , as adjusted pursuant to subsection 8.

      5.  No portion of the amount collected from the assessment levied pursuant to the provisions of paragraph (b) of subsection 3 may be used for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses.

      6.  An assessment authorized pursuant to this section may be calculated by rounding up to the nearest whole acre.

      7.  The assessments authorized pursuant to the provisions of subsection 3 must be collected as provided in this chapter for the collection of other assessments.

      8.  Commencing on July 1, 2018, each amount set forth in this section as a limitation on indebtedness or assessments must be adjusted on July 1 of each year by an amount equal to the product of the maximum amount applicable during the immediately preceding 12-month period, multiplied by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the immediately preceding 5 years. Commencing on or before July 15, 2018, and on or before July 15 of each year, the board shall cause notice of the adjusted amount to be given to the owners of lands in the district in any manner reasonably calculated to give notice to all such owners.

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

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ê2017 Statutes of Nevada, Page 656ê

 

CHAPTER 147, AB 209

Assembly Bill No. 209–Assemblyman Oscarson

 

CHAPTER 147

 

[Approved: May 26, 2017]

 

AN ACT relating to water; revising the criteria that the State Engineer must consider in determining whether to extend the time necessary to work a forfeiture; authorizing certain extensions to be for a period of not more than 3 years; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides, with limited exception, that the holder of a water right forfeits the right if the holder fails for 5 successive years to use beneficially all or any part of the underground water for the purpose for which the right is acquired or claimed. Existing law authorizes the holder of a water right to request an extension to work the forfeiture and the State Engineer may grant an extension for good cause shown if the request is made before the expiration of the time necessary to work the forfeiture. Existing law also provides that a single extension must not exceed 1 year. (NRS 534.090)

      This bill revises the criteria the State Engineer must consider to determine whether to grant or deny a request to extend the time necessary to work a forfeiture. This bill also authorizes the State Engineer to extend the time necessary to work a forfeiture for a period of not more than 3 years in a basin: (1) where the withdrawals consistently exceed the perennial yield; or (2) that has been designated as a critical management area.

 

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 534.090 is hereby amended to read as follows:

      534.090  1.  Except as otherwise provided in this section, failure for 5 successive years after April 15, 1967, on the part of the holder of any right, whether it is an adjudicated right, an unadjudicated right or a right for which a certificate has been issued pursuant to NRS 533.425, and further whether the right is initiated after or before March 25, 1939, to use beneficially all or any part of the underground water for the purpose for which the right is acquired or claimed, works a forfeiture of both undetermined rights and determined rights to the use of that water to the extent of the nonuse. If the records of the State Engineer or any other documents specified by the State Engineer indicate at least 4 consecutive years, but less than 5 consecutive years, of nonuse of all or any part of a water right which is governed by this chapter, the State Engineer shall notify the owner of the water right, as determined in the records of the Office of the State Engineer, by registered or certified mail that the owner has 1 year after the date of the notice in which to use the water right beneficially and to provide proof of such use to the State Engineer or apply for relief pursuant to subsection 2 to avoid forfeiting the water right. If, after 1 year after the date of the notice, proof of resumption of beneficial use is not filed in the Office of the State Engineer, the State Engineer shall, unless the State Engineer has granted a request to extend the time necessary to work a forfeiture of the water right, declare the right forfeited within 30 days.

 


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ê2017 Statutes of Nevada, Page 657 (Chapter 147, AB 209)ê

 

right forfeited within 30 days. Upon the forfeiture of a right to the use of groundwater, the water reverts to the public and is available for further appropriation, subject to existing rights. If, upon notice by registered or certified mail to the owner of record whose right has been declared forfeited, the owner of record fails to appeal the ruling in the manner provided for in NRS 533.450, and within the time provided for therein, the forfeiture becomes final. The failure to receive a notice pursuant to this subsection does not nullify the forfeiture or extend the time necessary to work the forfeiture of a water right.

      2.  The State Engineer may, upon the request of the holder of any right described in subsection 1, extend the time necessary to work a forfeiture under that subsection if the request is made before the expiration of the time necessary to work a forfeiture. [The] Except as otherwise provided in subsection 3, the State Engineer may grant, upon request and for good cause shown, any number of extensions, but a single extension must not exceed 1 year. In determining whether to grant or deny a request, the State Engineer shall, among other reasons, consider:

      (a) Whether the holder has shown good cause for the holder’s failure to use all or any part of the water beneficially for the purpose for which the holder’s right is acquired or claimed;

      (b) The unavailability of water to put to a beneficial use which is beyond the control of the holder;

      (c) Any economic conditions or natural disasters which made the holder unable to put the water to that use;

      (d) [Any prolonged period in which precipitation in the basin where] Whether the water right is located [is below the average for that basin or in which indexes that measure soil moisture show that a deficit in soil moisture has occurred in that basin;] in a basin within a county under a declaration of drought by the Governor, the United States Secretary of Agriculture or the President of the United States;

      (e) [Whether a groundwater management plan has been approved for the basin pursuant to NRS 534.037; and

      (f)] Whether the holder has demonstrated efficient ways of using the water for agricultural purposes, such as center-pivot irrigation [.] ;

      (f) Whether the holder has demonstrated efforts to conserve water which have resulted in a reduction in water consumption; and

      (g) Whether the water right is located in a basin that has been designated as a critical management area by the State Engineer pursuant to subsection 7 of NRS 534.110 or where withdrawals of groundwater consistently exceed the perennial yield of the basin.

Ê The State Engineer shall notify, by registered or certified mail, the owner of the water right, as determined in the records of the Office of the State Engineer, of whether the State Engineer has granted or denied the holder’s request for an extension pursuant to this subsection. If the State Engineer grants an extension pursuant to this subsection and, before the expiration of that extension, proof of resumption of beneficial use or another request for an extension is not filed in the Office of the State Engineer, the State Engineer shall declare the water right forfeited within 30 days after the expiration of the extension granted pursuant to this subsection.

      3.  If the State Engineer grants an extension pursuant to subsection 1 in a basin:

 


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ê2017 Statutes of Nevada, Page 658 (Chapter 147, AB 209)ê

 

      (a) Where withdrawals of groundwater consistently exceed the perennial yield of the basin; or

      (b) That has been designated as a critical management area by the State Engineer pursuant to subsection 7 of NRS 534.110,

Ê a single extension must not exceed 3 years, but any number of extensions may be granted to the holder of such a right.

      4.  If the failure to use the water pursuant to subsection 1 is because of the use of center-pivot irrigation before July 1, 1983, and such use could result in a forfeiture of a portion of a right, the State Engineer shall, by registered or certified mail, send to the owner of record a notice of intent to declare a forfeiture. The notice must provide that the owner has at least 1 year after the date of the notice to use the water beneficially or apply for additional relief pursuant to subsection 2 before forfeiture of the owner’s right is declared by the State Engineer.

      [4.]5.  A right to use underground water whether it is vested or otherwise may be lost by abandonment. If the State Engineer, in investigating a groundwater source, upon which there has been a prior right, for the purpose of acting upon an application to appropriate water from the same source, is of the belief from his or her examination that an abandonment has taken place, the State Engineer shall so state in the ruling approving the application. If, upon notice by registered or certified mail to the owner of record who had the prior right, the owner of record of the prior right fails to appeal the ruling in the manner provided for in NRS 533.450, and within the time provided for therein, the alleged abandonment declaration as set forth by the State Engineer becomes final.

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

________

CHAPTER 148, AB 70

Assembly Bill No. 70–Committee on Government Affairs

 

CHAPTER 148

 

[Approved: May 26, 2017]

 

AN ACT relating to redevelopment; expanding the purposes for which the proceeds of certain taxes levied in a redevelopment area may be used; revising the amount of the proceeds that must be set aside for such purposes; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Community Redevelopment Law authorizes the city council, board of county commissioners or other legislative body of a city or county to declare the need for a redevelopment agency to function in the community. The Community Redevelopment Law grants a redevelopment agency certain powers and duties with regard to the elimination of blight in a redevelopment area in the community. (Chapter 279 of NRS)

      Under existing law, a redevelopment agency in a city in a county whose population is 700,000 or more (currently Clark County) is authorized to adopt, in certain circumstances, an ordinance which provides for the recalculation of the total assessed value of the taxable property in a redevelopment area for certain purposes. If such a redevelopment agency adopts such an ordinance and receives certain revenue from taxes on the taxable property located in the redevelopment area affected by the ordinance, existing law requires that not less than 18 percent of the revenue received on or after the effective date of the ordinance be set aside to improve and preserve existing public educational facilities which are located within the redevelopment area or which serve pupils who reside within the redevelopment area.

 


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ê2017 Statutes of Nevada, Page 659 (Chapter 148, AB 70)ê

 

ordinance, existing law requires that not less than 18 percent of the revenue received on or after the effective date of the ordinance be set aside to improve and preserve existing public educational facilities which are located within the redevelopment area or which serve pupils who reside within the redevelopment area. (NRS 279.676) Section 3 of this bill limits the amount of the revenue that must be set aside to 18 percent and removes the requirement that the educational facilities be existing facilities. Section 3 further provides that such revenue may also be used: (1) to increase, improve or enhance public educational facilities; (2) to support public educational activities and programs; or (3) for facilities, activities and programs which are located in or within 1 mile of the redevelopment area or which serve pupils who reside in or within 1 mile of the redevelopment area. Section 1 of this bill defines the term “public educational activities and programs.”

      Under existing law, a city whose population is 500,000 or more (currently the City of Las Vegas) is required, under certain circumstances, to set aside not less than 18 percent of the revenue from taxes levied upon the taxable property in a redevelopment area received on or after October 1, 2011, but before March 6, 2031, to: (1) increase, improve, preserve or enhance the operating viability of dwelling units in the community for low-income households; and (2) improve existing public educational facilities located within a redevelopment area or within 1 mile of a redevelopment area. On or after March 6, 2031, not less than 18 percent of such revenues must be set aside and used only to improve existing public educational facilities located within a redevelopment area or within 1 mile of a redevelopment area. (NRS 279.685) For revenue received on or after July 1, 2017, section 4 of this bill limits the amount of such revenue that must be set aside to 18 percent, removes the requirement that the educational facilities be existing facilities, expands the purposes for which money may be spent in connection with such facilities, and authorizes such spending for facilities and educational programs and activities which are located in or within 1 mile of the redevelopment area or which serve pupils who reside in or within 1 mile of the redevelopment area.

      Under existing law, the city council of a city whose population is 220,000 or more but less than 500,000 located in a county whose population is 700,000 or more (currently the City of Henderson) is required, under certain circumstances, to set aside not less than 18 percent of the revenues received from taxes on the taxable property located in the redevelopment area affected by the ordinance on or after the effective date of the ordinance to improve and preserve existing public educational facilities which are located within the redevelopment area or which serve pupils who reside within the redevelopment area. (NRS 279.6855) Section 5 of this bill limits the amount of the revenue that must be set aside to 18 percent, removes the requirement that the educational facilities be existing facilities, expands the purposes for which money may be spent in connection with such facilities, and authorizes such spending for facilities, educational programs and activities which are located in or within 1 mile of the redevelopment area or which serve pupils who reside in or within 1 mile of the redevelopment area.

 

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

      1.  “Public educational activities and programs” includes, without limitation:

      (a) Early childhood education programs;

      (b) Literacy programs;

 


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      (c) Summer learning programs, before- and after-school programs and other instruction at times during the year when school is not in session; and

      (d) Wrap-around services.

      2.  As used in this section, “wrap-around services” means integrated student supports and supplemental services provided to a pupil that help create an environment conducive to learning and assist the pupil in making the transition from early childhood education through postsecondary education and into the workforce.

      Sec. 2. NRS 279.384 is hereby amended to read as follows:

      279.384  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 279.386 to 279.414, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 3. NRS 279.676 is hereby amended to read as follows:

      279.676  1.  Any redevelopment plan may contain a provision that taxes, if any, levied upon taxable property in the redevelopment area each year by or for the benefit of the State, any city, county, district or other public corporation, after the effective date of the ordinance approving the redevelopment plan, must be divided as follows:

      (a) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable property in the redevelopment area as shown upon the assessment roll used in connection with the taxation of the property by the taxing agency, last equalized before the effective date of the ordinance, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for such taxing agencies on all other property are paid. To allocate taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment area on the effective date of the ordinance but to which the territory has been annexed or otherwise included after the effective date, the assessment roll of the county last equalized on the effective date of the ordinance must be used in determining the assessed valuation of the taxable property in the redevelopment area on the effective date. If property which was shown on the assessment roll used to determine the amount of taxes allocated to the taxing agencies is transferred to the State and becomes exempt from taxation, the assessed valuation of the exempt property as shown on the assessment roll last equalized before the date on which the property was transferred to the State must be subtracted from the assessed valuation used to determine the amount of revenue allocated to the taxing agencies.

      (b) Except as otherwise provided in paragraphs (c) and (d) and NRS 540A.265, that portion of the levied taxes each year in excess of the amount set forth in paragraph (a) must be allocated to and when collected must be paid into a special fund of the redevelopment agency to pay the costs of redevelopment and to pay the principal of and interest on loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the redevelopment agency to finance or refinance, in whole or in part, redevelopment. Unless the total assessed valuation of the taxable property in a redevelopment area exceeds the total assessed value of the taxable property in the redevelopment area as shown by:

             (1) The assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan; or

 


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            (2) The assessment roll last equalized before the effective date of an ordinance adopted pursuant to subsection 5,

Ê whichever occurs later, less the assessed valuation of any exempt property subtracted pursuant to paragraph (a), all of the taxes levied and collected upon the taxable property in the redevelopment area must be paid into the funds of the respective taxing agencies. When the redevelopment plan is terminated pursuant to the provisions of NRS 279.438 and 279.439 and all loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the redevelopment area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.

      (c) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a tax rate levied by a taxing agency to produce revenues in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness that was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the debt service fund of that taxing agency.

      (d) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a new or increased tax rate levied by a taxing agency and was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the appropriate fund of the taxing agency.

      2.  Except as otherwise provided in subsection 3, in any fiscal year, the total revenue paid to a redevelopment agency must not exceed:

      (a) In a county whose population is 100,000 or more or a city whose population is 150,000 or more, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 10 percent of the total assessed valuation of the municipality.

      (b) In a county whose population is 30,000 or more but less than 100,000 or a city whose population is 25,000 or more but less than 150,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 15 percent of the total assessed valuation of the municipality.

      (c) In a county whose population is less than 30,000 or a city whose population is less than 25,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 20 percent of the total assessed valuation of the municipality.

Ê If the revenue paid to a redevelopment agency must be limited pursuant to paragraph (a), (b) or (c) and the redevelopment agency has more than one redevelopment area, the redevelopment agency shall determine the allocation to each area. Any revenue which would be allocated to a redevelopment agency but for the provisions of this section must be paid into the funds of the respective taxing agencies.

      3.  The taxing agencies shall continue to pay to a redevelopment agency any amount which was being paid before July 1, 1987, and in anticipation of which the agency became obligated before July 1, 1987, to repay any bond, loan, money advanced or any other indebtedness, whether funded, refunded, assumed or otherwise incurred.

      4.  For the purposes of this section, the assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan is the assessment roll in existence on March 15 immediately preceding the effective date of the ordinance.

 


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      5.  If in any year the assessed value of the taxable property in a redevelopment area located in a city in a county whose population is 700,000 or more as shown by the assessment roll most recently equalized has decreased by 10 percent or more from the assessed value of the taxable property in the redevelopment area as shown by the assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan, the redevelopment agency may adopt an ordinance which provides that the total assessed value of the taxable property in the redevelopment area for the purposes of paragraphs (a) and (b) of subsection 1 is the total assessed value of the taxable property in the redevelopment area as shown by the assessment roll last equalized before the effective date of the ordinance adopted pursuant to this subsection. A redevelopment agency may adopt an ordinance pursuant to this subsection only once, and the election to adopt such an ordinance is irrevocable.

      6.  An agency which adopts an ordinance pursuant to subsection 5 and which receives revenue pursuant to paragraph (b) of subsection 1 from taxes on the taxable property located in the redevelopment area affected by the ordinance shall set aside [not less than] 18 percent of that revenue received on and after the effective date of the ordinance to [improve] :

      (a) [and] Increase, improve, preserve [existing] or enhance public educational facilities ;

      (b) Support public educational activities and programs; or

      (c) Increase, improve, preserve or enhance public educational facilities and support public educational activities and programs,

Ê which are located in or within 1 mile of the redevelopment area or which serve pupils who reside in or within 1 mile of the redevelopment area. For each fiscal year, the agency shall prepare a written report concerning the amount of money expended for the purposes set forth in this subsection and shall, on or before November 30 of each year, submit a copy of the report to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year.

      7.  The obligation of an agency pursuant to subsection 6 to set aside [not less than] 18 percent of the revenue allocated to and received by the agency pursuant to paragraph (b) of subsection 1 from taxes on the taxable property located in the redevelopment area affected by the ordinance adopted by the agency pursuant to subsection 5 is subordinate to any existing obligations of the agency. As used in this subsection, “existing obligations” means the principal and interest, when due, on any bonds, notes or other indebtedness whether funded, refunded, assumed or otherwise incurred by an agency before the effective date of an ordinance adopted by the agency pursuant to subsection 5, to finance or refinance in whole or in part, the redevelopment of a redevelopment area. For the purposes of this subsection, obligations incurred by an agency on or after the effective date of an ordinance adopted by the agency pursuant to subsection 5 shall be deemed existing obligations if the net proceeds are used to refinance existing obligations of the agency.

      Sec. 4. NRS 279.685 is hereby amended to read as follows:

      279.685  1.  Except as otherwise provided in this section or subsections 6 and 7 of NRS 279.676, an agency of a city whose population is 500,000 or more that receives revenue from taxes pursuant to paragraph (b) of subsection 1 of NRS 279.676 shall set aside : [not less than:]

 


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      (a) [Fifteen] Not less than 15 percent of that revenue received on or before October 1, 1999, and 18 percent of that revenue received after October 1, 1999, but before October 1, 2011, to increase, improve and preserve the number of dwelling units in the community for low-income households;

      (b) [Eighteen] Not less than 18 percent of that revenue received on or after October 1, 2011, but before [March 6, 2031,] July 1, 2017, to:

             (1) Increase, improve, preserve or enhance the operating viability of dwelling units in the community for low-income households; and

             (2) Improve existing public educational facilities located within a redevelopment area or within 1 mile of a redevelopment area; and

      (c) Eighteen percent of that revenue received on or after July 1, 2017, but before March 6, 2031, to increase, improve, preserve or enhance the operating viability of dwelling units in the community for low-income households and:

             (1) Increase, improve, preserve or enhance public educational facilities;

             (2) Support public educational activities and programs; or

             (3) Increase, improve, preserve or enhance public educational facilities and support public educational activities and programs,

Ê which are located in or within 1 mile of a redevelopment area or which serve pupils who reside in or within 1 mile of a redevelopment area; and

      (d) Eighteen percent of that revenue received on or after March 6, 2031, to [improve] :

             (1) [existing] Increase, improve, preserve or enhance public educational facilities ;

             (2) Support public educational activities and programs; or

             (3) Increase, improve, preserve or enhance public educational facilities and support public educational activities and programs,

Ê described in [subparagraph (2) of] paragraph [(b).

Ê For] (c).

      2.  For each fiscal year, the agency shall prepare a written report concerning the amount of money expended for the purposes set forth in [subparagraph (2) of] paragraph (b) , [or paragraph] (c) [,] or (d) of subsection 1, as applicable, and shall, on or before November 30 of each year, submit a copy of the report to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year.

      [2.]3.  The obligation of an agency to set aside not less than 15 percent of the revenue from taxes allocated to and received by the agency pursuant to paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any existing obligations of the agency. As used in this subsection, “existing obligations” means the principal and interest, when due, on any bonds, notes or other indebtedness whether funded, refunded, assumed or otherwise incurred by the agency before July 1, 1993, to finance or refinance in whole or in part, the redevelopment of a redevelopment area. For the purposes of this subsection, obligations incurred by an agency after July 1, 1993, shall be deemed existing obligations if the net proceeds are used to refinance existing obligations of the agency.

      [3.]4.  The obligation of an agency to set aside an additional 3 percent of the revenue from taxes allocated to and received by the agency pursuant to paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any existing obligations of the agency.

 


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paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any existing obligations of the agency. As used in this subsection, “existing obligations” means the principal and interest, when due, on any bonds, notes or other indebtedness whether funded, refunded, assumed or otherwise incurred by the agency before October 1, 1999, to finance or refinance in whole or in part, the redevelopment of a redevelopment area. For the purposes of this subsection, obligations incurred by an agency after October 1, 1999, shall be deemed existing obligations if the net proceeds are used to refinance existing obligations of the agency.

      [4.]5.  From the revenue set aside by an agency pursuant to paragraph (b) or (c) of subsection 1, not more than 50 percent of that amount may be used to:

      (a) Increase, improve, preserve or enhance the operating viability of dwelling units in the community for low-income households; or

      (b) [Improve existing] Increase, improve, preserve or enhance public educational facilities , support public educational activities and programs or increase, improve, preserve or enhance public educational facilities and support public educational activities and programs which are located in or within 1 mile of a redevelopment area or which serve pupils who reside in or within 1 mile of a redevelopment area,

Ê unless the agency establishes that such an amount is insufficient to pay the cost of a project identified in the redevelopment plan for the redevelopment area.

      [5.]6. Except as otherwise provided in paragraphs (b) , [and] (c) and (d) of subsection 1 and subsection [4,] 5, the agency may expend or otherwise commit money for the purposes of subsection 1 outside the boundaries of the redevelopment area.

      Sec. 5. NRS 279.6855 is hereby amended to read as follows:

      279.6855  1.  Except as otherwise provided in this section, an agency of a city whose population is 220,000 or more but less than 500,000 located in a county whose population is 700,000 or more that adopts an ordinance pursuant to subsection 4 of NRS 279.439 and which receives revenue pursuant to paragraph (b) of subsection 1 of NRS 279.676 from taxes on the taxable property located in the redevelopment area affected by the ordinance shall set aside [not less than] 18 percent of such revenue received on or after the effective date of the ordinance to [improve] :

      (a) [and] Increase, improve, preserve [existing] or enhance public educational facilities ;

      (b) Support public educational activities and programs; or

      (c) Increase, improve, preserve or enhance public educational facilities and support public educational activities and programs,

Ê which are located in or within 1 mile of the redevelopment area or which serve pupils who reside in or within 1 mile of the redevelopment area. The provisions of this subsection do not apply if such an agency is required pursuant to subsection 6 of NRS 279.676 to set aside [not less than] 18 percent of revenue received pursuant to paragraph (b) of subsection 1 of NRS 279.676 from taxes on the taxable property located in the redevelopment area affected by the ordinance adopted by the agency pursuant to subsection 5 of NRS 279.676 on or after the effective date of that ordinance to increase, improve , [and] preserve [existing] or enhance public educational facilities , support public educational activities and programs or increase, improve, preserve or enhance public educational activities and support public educational activities and programs which are located in or within 1 mile of the redevelopment area or which serve pupils who reside in or within 1 mile of the redevelopment area.

 


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ê2017 Statutes of Nevada, Page 665 (Chapter 148, AB 70)ê

 

support public educational activities and programs which are located in or within 1 mile of the redevelopment area or which serve pupils who reside in or within 1 mile of the redevelopment area. For each fiscal year, the agency shall prepare a written report concerning the amount of money expended for the purposes set forth in this subsection and shall, on or before November 30 of each year, submit a copy of the report to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year.

      2.  The obligation of an agency pursuant to subsection 1 to set aside [not less than] 18 percent of the revenue allocated to and received by the agency pursuant to paragraph (b) of subsection 1 of NRS 279.676 from taxes on the taxable property located in the redevelopment area affected by the ordinance adopted by the agency pursuant to subsection 4 of NRS 279.439 is subordinate to any existing obligations of the agency. As used in this subsection, “existing obligations” means the principal and interest, when due, on any bonds, notes or other indebtedness whether funded, refunded, assumed or otherwise incurred by the agency before the effective date of the ordinance adopted by the agency pursuant to subsection 4 of NRS 279.439, to finance or refinance in whole or in part, the redevelopment of a redevelopment area. For the purposes of this subsection, obligations incurred by an agency on or after the effective date of the ordinance adopted by the agency pursuant to subsection 4 of NRS 279.439 shall be deemed existing obligations if the net proceeds are used to refinance existing obligations of the agency.

      Sec. 6. NRS 279.687 is hereby amended to read as follows:

      279.687  A school district shall not use any money received pursuant to subsection 6 of NRS 279.676, [subparagraph (2) of] paragraph (b) , (c) or (d) of subsection 1 of NRS [279.685, paragraph (e) of subsection 1 of NRS] 279.685 or NRS 279.6855 to reduce or supplant the amount of any money which the school district would otherwise expend for the purposes described in [subsection 6 of NRS 279.676, subparagraph (2) of paragraph (b) of subsection 1 of NRS 279.685, paragraph (c) of subsection 1 of NRS 279.685 and NRS 279.6855, respectively.] those provisions.

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

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CHAPTER 149, AB 176

Assembly Bill No. 176–Assemblymen Frierson; Cohen, Diaz, Flores, Jauregui and Yeager

 

CHAPTER 149

 

[Approved: May 26, 2017]

 

AN ACT relating to care of children; establishing certain requirements for the operation of certain seasonal or temporary recreation programs; requiring the termination of certain staff members of such a program who have been convicted of certain crimes or who have had a substantiated report of child abuse or neglect made against them; providing a civil penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a local government that operates an out-of-school recreation program to comply with certain health and safety standards and to comply with other requirements relating to the safety of participants in the program. (NRS 432A.610) Certain requirements for the staff of an out-of-school recreation program are set forth in existing law. (NRS 432A.620) Existing law further requires an out-of-school recreation program to maintain certain records regarding participants in the program. (NRS 432A.630) Sections 2-4 of this bill make certain requirements imposed on an out-of-school recreation program applicable to a nongovernmental person or entity that operates a program that primarily functions as a seasonal or temporary recreation program. Section 3.5 further requires a person or entity that operates such a program to terminate the employment of a staff member who has been convicted of certain crimes or has had a substantiated report of child abuse or neglect filed against him or her, after affording the staff member an opportunity to correct the information. Section 5 of this bill subjects a person who operates such a seasonal or temporary recreation program to a civil penalty not to exceed $500 for failure to comply with the requirements of this bill.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 432A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2. A person who operates a program that primarily functions as a seasonal or temporary recreation program shall ensure that each site upon which the program is conducted:

      1.  Has a complete first-aid kit accessible on-site that complies with the requirements of the Occupational Safety and Health Administration of the United States Department of Labor;

      2.  Has an emergency exit plan posted on-site in a conspicuous place; and

      3.  Has at least one staff member or volunteer on-site and available during the hours of operation who is certified and receives annual training in the use and administration of first aid, including, without limitation, cardiopulmonary resuscitation.

 


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      Sec. 3. A person who operates a program that primarily functions as a seasonal or temporary recreation program shall complete, for each member of the staff of the program:

      1.  A background and personal history check not later than 3 days after the staff member is hired and once every 5 years thereafter; and

      2.  A child abuse and neglect screening through the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 to determine whether there has been a substantiated report of child abuse or neglect made against the staff member.

      Sec. 3.5. 1.  Upon receiving the results of the background and personal history check performed pursuant to subsection 1 of section 3 of this act, the results of the child abuse and neglect screening pursuant to subsection 2 of section 3 of this act or evidence from any other source that a staff member of a person who operates a program that primarily functions as a seasonal or temporary recreation program has been convicted of a crime listed in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect made against him or her, the person shall terminate the employment of the staff member after allowing the staff member time to correct the information as required pursuant to subsection 2.

      2.  If a staff member believes that the information provided to the person who operates a program that primarily functions as a seasonal or temporary recreation program pursuant to subsection 1 is incorrect, the staff member must inform the person immediately. The person shall give any such staff member 30 days to correct the information.

      3.  During any period in which a staff member seeks to correct information pursuant to subsection 2, it is within the discretion of the person who operates a program that primarily functions as a seasonal or temporary recreation program whether to allow the staff member to continue to work for the program, except that the staff member shall not have contact with a child without supervision during such a period.

      Sec. 4. 1.  A person who operates a program that primarily functions as a seasonal or temporary recreation program shall maintain records containing pertinent information regarding each staff member of the program.

      2.  The distribution of any information maintained pursuant to this section is subject to the limitations set forth in NRS 239.0105.

      Sec. 5. A person who operates a program that primarily functions as a seasonal or temporary recreation program and who fails to comply with any provision of section 2, 3, 3.5 or 4 of this act is subject to a civil penalty not to exceed $500 for each failure to comply. The Attorney General or any district attorney of this State may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction.

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CHAPTER 150, AB 202

Assembly Bill No. 202–Assemblymen Joiner, Cohen; Swank and Thompson

 

Joint Sponsors: Senators Cancela and Ratti

 

CHAPTER 150

 

[Approved: May 26, 2017]

 

AN ACT relating to education; directing the Legislative Commission to appoint a committee to conduct an interim study concerning the cost and affordability of higher education in this State; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill requires the Legislative Commission to appoint a committee to conduct an interim study concerning the cost and affordability of higher education in this State and prescribes the membership of the committee. Section 1 also requires this committee to: (1) consult with and solicit input from persons and organizations with expertise in matters relevant to the cost of higher education and funding methods for higher education; and (2) submit a report of its findings and any recommendations to the Legislature. Section 3 of this bill requires the Legislative Counsel Bureau and the Nevada System of Higher Education to provide administrative and technical assistance to the committee at the request of the Chair of the committee.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The Legislative Commission shall appoint a committee to conduct an interim study concerning the cost and affordability of higher education in the State of Nevada for students.

      2.  The committee must be composed of:

      (a) Two voting members of the Legislature appointed by the Majority Leader of the Senate;

      (b) Two voting members of the Legislature appointed by the Speaker of the Assembly;

      (c) One voting member of the Legislature appointed by the Minority Leader of the Senate;

      (d) One voting member of the Legislature appointed by the Minority Leader of the Assembly;

      (e) One nonvoting member of the general public who is a faculty member in the Nevada System of Higher Education appointed by the Chair of the Legislative Commission from among the names of nominees submitted by the Board of Regents of the University of Nevada pursuant to subsection 3; and

      (f) One nonvoting member of the general public who is a student enrolled in the Nevada System of Higher Education appointed by the Chair of the Legislative Commission from among the names of nominees submitted by the Board of Regents of the University of Nevada pursuant to subsection 3.

      3.  The Board of Regents of the University of Nevada shall submit to the Legislative Commission the names of at least three:

 


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      (a) Faculty members in the Nevada System of Higher Education qualified for membership on the committee.

      (b) Students enrolled in the Nevada System of Higher Education qualified for membership on the committee.

      4.  The Speaker of the Assembly shall appoint a Chair and a Vice Chair of the committee.

      5.  The committee shall consult with and solicit input from persons and organizations with expertise in matters relevant to the cost of higher education in this State and funding methods for higher education in this State.

      6.  The committee shall submit a report of its findings, including, without limitation, any recommendations for legislation, to the 80th Session of the Nevada Legislature.

      Sec. 2.  In studying the cost and affordability of higher education in the State of Nevada, the committee appointed pursuant to section 1 of this act shall:

      1.  Examine the cost and affordability of higher education in the State of Nevada for students, including, without limitation:

      (a) The average cost of higher education for a student relative to the average income earned by a student;

      (b) The affordability of higher education for a student in this State compared to other states;

      (c) Options for the creation of a need-based grant program for the purpose of awarding grants to eligible students to pay for a portion of the cost of education at an institution within the Nevada System of Higher Education similar to the Silver State Opportunity Grant Program created by NRS 396.952; and

      (d) Any programs, policies and funding that may make higher education more financially accessible to residents of this State, including, without limitation, an examination of the factors contributing to the current cost of higher education and ways to address them;

      2.  Examine and evaluate the need in this State for existing and potential programs of higher education to ensure economic progress and development and workforce development within this State and to ensure that the educational needs of its residents are being met;

      3.  Identify areas of study which are of high priority and where needs are not currently being met, including, without limitation, the areas of nursing and teaching;

      4.  Determine whether it is feasible to reallocate existing resources within institutions of the Nevada System of Higher Education to meet the critical needs of higher education in the State that are not currently being met;

      5.  Determine whether legislative appropriations and student fee revenues are being efficiently distributed internally at each institution of the Nevada System of Higher Education;

      6.  Examine whether the system of compensation for faculty at each institution of the Nevada System of Higher Education is appropriate in order to recruit and retain quality faculty that further programs of higher education and research; and

      7.  Recommend to the Board of Regents of the University of Nevada and the Legislature such action as may be needed:

 


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      (a) To address findings relating to the affordability and programs of higher education, including, without limitation, where long-term investments should be made to improve affordability and address workforce needs; and

      (b) For the efficient and effective operation of higher education in this State if the State is to progress economically and socially.

      Sec. 3.  The Legislative Counsel Bureau and the Nevada System of Higher Education shall provide administrative and technical assistance to the committee appointed pursuant to section 1 of this act as requested by the Chair of the committee.

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

________

CHAPTER 151, AB 465

Assembly Bill No. 465–Committee on Government Affairs

 

CHAPTER 151

 

[Approved: May 26, 2017]

 

AN ACT relating to the Advisory Committee on Participatory Democracy; reducing the required membership of the Advisory Committee; reducing the length of the terms of the members of the Advisory Committee; revising provisions relating to the operation and governance of the Advisory Committee; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Advisory Committee on Participatory Democracy within the Office of the Secretary of State and provides that the Advisory Committee includes the Secretary of State and nine other members appointed by the Secretary of State. (NRS 225.240) Section 1 of this bill: (1) authorizes the Secretary of State to appoint fewer than nine members to the Advisory Committee; and (2) shortens the term of the members of the Advisory Committee from 3 years to 2 years. Section 3 of this bill provides for the staggering of the terms of the appointed members of the Advisory Council.

      Section 2 of this bill: (1) reduces the number of meetings the Advisory Committee is required to hold in a calendar year; and (2) revises the quorum requirements of the Advisory Committee to conform to the decrease in the number of members of the Advisory Committee.

 

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 225.240 is hereby amended to read as follows:

      225.240  1.  The Advisory Committee on Participatory Democracy is hereby created within the Office of the Secretary of State.

      2.  The Advisory Committee consists of not more than 10 members including:

      (a) The Secretary of State or his or her designee; and

      (b) [Nine] Not more than nine other members appointed by the Secretary of State.

 


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      3.  The Secretary of State shall:

      (a) Consider political, geographical and demographical factors when appointing members of the Advisory Committee;

      (b) Select the Chair of the Advisory Committee from among its members; and

      (c) Designate an employee of the Office of the Secretary of State to serve as Secretary for the Advisory Committee.

      4.  The Secretary of State may assign such other employees of his or her Office as he or she deems necessary to assist the Advisory Committee in its duties.

      5.  The Chair of the Advisory Committee shall appoint a Vice Chair from among the members of the Advisory Committee.

      6.  After the initial term, each member of the Advisory Committee shall serve for a term of [3] 2 years. Each term must end on June 30 of the appropriate year. Each member of the Advisory Committee serves at the pleasure of the Secretary of State. If a vacancy occurs, the Secretary of State shall appoint a new member to fill the vacancy for the remainder of the unexpired term.

      7.  Members of the Advisory Committee serve without compensation. If sufficient money is available in the Special Account for the Support of the Advisory Committee created by NRS 225.270, members are entitled to the per diem and travel allowances provided for state officers and employees generally while attending meetings of the Advisory Committee.

      Sec. 2. NRS 225.260 is hereby amended to read as follows:

      225.260  1.  The Advisory Committee shall [hold meetings] meet at least [once every 3 months.] one time, but shall not meet more than four times, in a calendar year. A special meeting of the Advisory Committee may be called by the Secretary of State and the Chair of the Advisory Committee at such additional times as they deem necessary.

      2.  The Chair of the Advisory Committee or, in the absence of the Chair, the Vice Chair of the Advisory Committee, shall preside at each meeting of the Advisory Committee. [Six] A majority of the members of the Advisory Committee constitute a quorum.

      Sec. 3.  As soon as practicable after July 1, 2017, the Secretary of State shall appoint to the Advisory Committee on Participatory Democracy created by NRS 225.240, as amended by section 1 of this act:

      1.  Not more than four members to a term of office which expires on June 30, 2018; and

      2.  Not more than five members to a term of office which expires on June 30, 2019,

Ê so that, as nearly as practicable, half of the appointed members of the Advisory Committee are appointed to a term of office which expires on June 30, 2018, and half are appointed to a term which expires on June 30, 2019.

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

________

 

 

 

 


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ê2017 Statutes of Nevada, Page 672ê

 

CHAPTER 152, SB 2

Senate Bill No. 2–Senator Manendo

 

CHAPTER 152

 

[Approved: May 26, 2017]

 

AN ACT relating to the protection of children; revising provisions relating to the voluntary surrender of a newborn child to a provider of emergency services; revising provisions relating to the transfer of certain identifying information relating to parents of such children; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a provider of emergency services to take possession of a child who appears to be not more than 30 days old when a parent voluntarily surrenders the child with no intent to return. (NRS 432B.630) Commonly known as the “Safe Haven Law,” this provision authorizes the agency which provides child welfare services to begin the process of terminating parental rights.

      Section 7 of this bill prohibits a provider of emergency services from transferring identifying information about the parent who delivers a child to a provider of emergency services under the Safe Haven Law, thereby allowing the parent to retain anonymity, except when reasonable cause exists to believe that the child has been abused or neglected. Section 7 also requires such anonymity to be provided to the parent who delivers a child to a provider of emergency services regardless of whether the parent specifically makes a request for anonymity.

      Under existing law, a parent who delivers a child to a provider of emergency services under the Safe Haven Law is entitled to notice that the child has been placed in protective custody and to notice of proceedings related to the termination of parental rights and other similar matters, unless the location of the parent is unknown. (NRS 128.060, 128.070, 432B.470, 432B.490, 432B.520, 432B.550, 432B.580, 432B.590) Sections 1-5 and 6.3-9 of this bill remove that right with respect to the parent who voluntarily delivers a child under the Safe Haven Law. A parent of the child who does not participate in the delivery, however, remains entitled to such notice if the location of that parent is known and to notice by publication if not known.

 

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 432B.470 is hereby amended to read as follows:

      432B.470  1.  A child taken into protective custody pursuant to NRS 432B.390 must be given a hearing, conducted by a judge, master or special master appointed by the judge for that particular hearing, within 72 hours, excluding Saturdays, Sundays and holidays, after being taken into custody, to determine whether the child should remain in protective custody pending further action by the court.

      2.  Except as otherwise provided in this subsection, notice of the time and place of the hearing must be given to a parent or other person responsible for the child’s welfare:

      (a) By personal service of a written notice;

      (b) Orally; or

 


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      (c) If the parent or other person responsible for the child’s welfare cannot be located after a reasonable effort, by posting a written notice on the door of the residence of the parent or other person.

Ê If the child was delivered to a provider of emergency services pursuant to NRS 432B.630 , [and the location of the parent is unknown,] the parent who delivered the child to the provider shall be deemed to have waived any right to notice of the hearing conducted pursuant to this section.

      3.  If notice is given by means of paragraph (b) or (c) of subsection 2, a copy of the notice must be mailed to the person at the last known address of the person within 24 hours after the child is placed in protective custody.

      Sec. 2. NRS 432B.490 is hereby amended to read as follows:

      432B.490  1.  An agency which provides child welfare services:

      (a) In cases where the death of a parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, shall within 10 days after the hearing on protective custody initiate a proceeding in court by filing a petition which meets the requirements set forth in NRS 432B.510;

      (b) In cases where a court issues an order keeping the child in protective custody pursuant to paragraph (b) of subsection 1 of NRS 432B.480, shall within 10 days after the hearing on protective custody, unless good cause exists, initiate a proceeding in court by filing a petition which meets the requirements set forth in NRS 432B.510 or recommend against any further action in court; or

      (c) In cases where an investigation is made under NRS 432B.010 to 432B.400, inclusive, and a determination is made that the child is in need of protection but is not in imminent danger, may file a petition which meets the requirements set forth in NRS 432B.510.

      2.  If the agency recommends against further action, the court may, on its own motion, initiate proceedings when it finds that it is in the best interests of the child.

      3.  If a child has been placed in protective custody and if further action in court is taken, an agency which provides child welfare services shall make recommendations to the court concerning whether the child should be returned to the person responsible for the welfare of the child pending further action in court.

      4.  If, in a case described in paragraph (b) of subsection 1, an agency which provides child welfare services fails to initiate a proceeding in court by filing a petition which meets the requirements set forth in NRS 432B.510 within 10 days after the hearing on protective custody:

      (a) The agency may recommend against further action and return the child to the custody of the person responsible for the welfare of the child; or

      (b) Any party to the proceeding may schedule an additional hearing with the court which must take place before the next scheduled court date to determine whether the child should be returned to the person responsible for the welfare of the child pending further action by the court.

      5.  Except as otherwise provided in this subsection, notice of the time and place of a hearing scheduled pursuant to paragraph (b) of subsection 4 must be given to a parent or other person responsible for the welfare of the child:

      (a) By personal service of a written notice;

      (b) Orally; or

 


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ê2017 Statutes of Nevada, Page 674 (Chapter 152, SB 2)ê

 

      (c) If the parent or other person responsible for the welfare of the child cannot be located after a reasonable effort, by posting a written notice on the door of the residence of the parent or other person.

Ê If the child was delivered to a provider of emergency services pursuant to the provisions of NRS 432B.630 , [and the location of the parent is unknown,] the parent who delivered the child to the provider shall be deemed to have waived any right to notice of the hearing conducted pursuant to this section.

      6.  If notice of a hearing scheduled pursuant to paragraph (b) of subsection 4 is given by means of paragraph (b) or (c) of subsection 5, a copy of the notice must be mailed to the parent or other person responsible for the welfare of the child at his or her last known address within 24 hours after the petition is filed.

      7.  The court shall hold a hearing scheduled pursuant to paragraph (b) of subsection 4 to decide whether there remains reasonable cause to believe that it would be:

      (a) Contrary to the welfare of the child for the child to reside at his or her home; or

      (b) In the best interests of the child to keep the child outside of his or her home.

      Sec. 3. NRS 432B.513 is hereby amended to read as follows:

      432B.513  1.  Except as otherwise provided in subsection 3, a person who submits a report or information to the court for consideration in a proceeding held pursuant to NRS 432B.466 to 432B.468, inclusive, or 432B.500 to 432B.590, inclusive, shall provide a copy of the report or information, to the extent that the data or information in the report or information is available pursuant to NRS 432B.290, to each parent or guardian of the child who is the subject of the proceeding and to the attorney of each parent or guardian not later than 72 hours before the proceeding.

      2.  If a person does not provide a copy of a report or information to a parent or guardian of a child and an attorney of the parent or guardian before a proceeding if required by subsection 1, the court or master:

      (a) Shall provide the parent or guardian and the attorney of the parent or guardian an opportunity to review the report or information; and

      (b) May grant a continuance of the proceeding until a later date that is agreed upon by all the parties to the proceeding if the parent or guardian or the attorney of the parent or guardian requests that the court grant the continuance so that the parent or guardian and the attorney of the parent or guardian may properly respond to the report or information.

      3.  If a child was delivered to a provider of emergency services pursuant to NRS 432B.630 , [and the location of the parent of the child is unknown,] a copy of a report or information described in subsection 1 need not be sent to [that] the parent who delivered the child to the provider or the attorney of that parent pursuant to subsection 1.

      4.  As used in this section, “person” includes, without limitation, a government, governmental agency or political subdivision of a government.

      Sec. 4. NRS 432B.520 is hereby amended to read as follows:

      432B.520  1.  After a petition has been filed, the court shall direct the clerk to issue a summons requiring the person who has custody or control of the child to appear personally and bring the child before the court at a time and place stated in the summons. If the person so summoned is other than a parent or guardian of the child, then the parent or guardian, or both, must also be notified by a similar summons of the pendency of the hearing and of the time and place appointed.

 


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ê2017 Statutes of Nevada, Page 675 (Chapter 152, SB 2)ê

 

      2.  Summons may be issued requiring the appearance of any other person whose presence, in the opinion of the court, is necessary.

      3.  Each summons must include notice of the right of parties to counsel at the adjudicatory hearing. A copy of the petition must be attached to each summons.

      4.  Except as provided in subsection 5, the summons must be served by:

      (a) Personal service of a written notice; or

      (b) Registered or certified mail to the last known address of the person.

      5.  If the child was delivered to a provider of emergency services pursuant to NRS 432B.630 by one parent and the location of the other parent who did not deliver the child is unknown [,] to the agency which provides child welfare services, the summons must be served on [the] that parent by publication at least once a week for 3 consecutive weeks in a newspaper published in the county and if no such newspaper is published, then a newspaper published in this state that has a general circulation in the county. The failure of the parent to appear in the action after the service of summons on the parent pursuant to this paragraph shall be deemed to constitute a waiver by the parent of any further notice of the proceedings that would otherwise be required pursuant to this chapter. The parent who delivered the child to a provider of emergency services pursuant to NRS 432B.630 shall be deemed to have waived any right to notice pursuant to this section.

      6.  If it appears that the child is in such condition or surroundings that the welfare of the child requires that custody be immediately assumed by the court, the court may order, by endorsement upon the summons, that the person serving it shall at once deliver the child to an agency which provides child welfare services in whose custody the child must remain until the further order of the court.

      7.  If the summons cannot be served or the person who has custody or control of the child fails to obey it, or:

      (a) In the judge’s opinion, the service will be ineffectual or the welfare of the child requires that the child be brought forthwith into the custody of the court; or

      (b) A person responsible for the child’s welfare has absconded with the child or concealed the child from a representative of an agency which provides child welfare services,

Ê the court may issue a writ for the attachment of the child’s person, commanding a law enforcement officer or a representative of an agency which provides child welfare services to place the child in protective custody.

      Sec. 5. NRS 432B.550 is hereby amended to read as follows:

      432B.550  1.  If the court finds that a child is in need of protection, it may, by its order, after receipt and review of the report from the agency which provides child welfare services:

      (a) Permit the child to remain in the temporary or permanent custody of the parents of the child or a guardian with or without supervision by the court or a person or agency designated by the court, and with or without retaining jurisdiction of the case, upon such conditions as the court may prescribe;

      (b) Place the child in the temporary or permanent custody of a relative, a fictive kin or other person the court finds suitable to receive and care for the child with or without supervision, and with or without retaining jurisdiction of the case, upon such conditions as the court may prescribe; or

 


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      (c) Place the child in the temporary custody of a public agency or institution authorized to care for children, the local juvenile probation department, the local department of juvenile services or a private agency or institution licensed by the Department of Health and Human Services or a county whose population is 100,000 or more to care for such a child.

Ê In carrying out this subsection, the court may, in its sole discretion and in compliance with the requirements of chapter 159 of NRS, consider an application for the guardianship of the child. If the court grants such an application, it may retain jurisdiction of the case or transfer the case to another court of competent jurisdiction.

      2.  If, pursuant to subsection 1, a child is placed other than with a parent:

      (a) The parent retains the right to consent to adoption, to determine the child’s religious affiliation and to reasonable visitation, unless restricted by the court. If the custodian of the child interferes with these rights, the parent may petition the court for enforcement of the rights of the parent.

      (b) The court shall set forth good cause why the child was placed other than with a parent.

      3.  If, pursuant to subsection 1, the child is to be placed with a relative or fictive kin, the court may consider, among other factors, whether the child has resided with a particular relative or fictive kin for 3 years or more before the incident which brought the child to the court’s attention.

      4.  Except as otherwise provided in this subsection, a copy of the report prepared for the court by the agency which provides child welfare services must be sent to the custodian and the parent or legal guardian. If the child was delivered to a provider of emergency services pursuant to NRS 432B.630 [and the location of the] :

      (a) The parent [is unknown, the report need not be sent to that parent.] who delivered the child to the provider shall be deemed to have waived his or her right to a copy of the report; and

      (b) A copy of the report must be sent to the parent who did not deliver the child to the provider, if the location of such parent is known.

      5.  In determining the placement of a child pursuant to this section, if the child is not permitted to remain in the custody of the parents of the child or guardian:

      (a) It must be presumed to be in the best interests of the child to be placed together with the siblings of the child.

      (b) Preference must be given to placing the child in the following order:

             (1) With any person related within the fifth degree of consanguinity to the child or a fictive kin, and who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative or fictive kin resides within this State.

             (2) In a foster home that is licensed pursuant to chapter 424 of NRS.

      6.  Any search for a relative with whom to place a child pursuant to this section must be completed within 1 year after the initial placement of the child outside of the home of the child. If a child is placed with any person who resides outside of this State, the placement must be in accordance with NRS 127.330.

      7.  Within 60 days after the removal of a child from the home of the child, the court shall:

 


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ê2017 Statutes of Nevada, Page 677 (Chapter 152, SB 2)ê

 

      (a) Determine whether:

             (1) The agency which provides child welfare services has made the reasonable efforts required by paragraph (a) of subsection 1 of NRS 432B.393; or

             (2) No such efforts are required in the particular case; and

      (b) Prepare an explicit statement of the facts upon which its determination is based.

      8.  As used in this section, “fictive kin” means a person who is not related by blood to a child but who has a significant emotional and positive relationship with the child.

      Sec. 6. NRS 432B.560 is hereby amended to read as follows:

      432B.560  1.  The court may also order:

      (a) The child, a parent or the guardian to undergo such medical, psychiatric, psychological, or other care or treatment as the court considers to be in the best interests of the child.

      (b) A parent or guardian to refrain from:

             (1) Any harmful or offensive conduct toward the child, the other parent, the custodian of the child or the person given physical custody of the child; and

             (2) Visiting the child if the court determines that the visitation is not in the best interest of the child.

      (c) A reasonable right of visitation for a grandparent of the child if the child is not permitted to remain in the custody of the parents of the child.

      2.  The court shall order a parent or guardian to pay to the custodian an amount sufficient to support the child while the child is in the care of the custodian pursuant to an order of the court, unless the child was delivered to a provider of emergency services pursuant to NRS 432B.630 . [and the location of the parent is unknown.] Payments for the obligation of support must be determined in accordance with NRS 125B.070 and 125B.080, but must not exceed the reasonable cost of the child’s care, including food, shelter, clothing, medical care and education. An order for support made pursuant to this subsection must:

      (a) Require that payments be made to the appropriate agency or office;

      (b) Provide that the custodian is entitled to a lien on the obligor’s property in the event of nonpayment of support; and

      (c) Provide for the immediate withholding of income for the payment of support unless:

             (1) All parties enter into an alternative written agreement; or

             (2) One party demonstrates and the court finds good cause to postpone the withholding.

      3.  A court that enters an order pursuant to subsection 2 shall ensure that the social security number of the parent or guardian who is the subject of the order is:

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

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

      Sec. 6.3. NRS 432B.580 is hereby amended to read as follows:

      432B.580  1.  Except as otherwise provided in this section and NRS 432B.513, if a child is placed pursuant to NRS 432B.550 other than with a parent, the placement must be reviewed by the court at least semiannually, and within 90 days after a request by a party to any of the prior proceedings.

 


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Unless the parent, guardian or the custodian objects to the referral, the court may enter an order directing that the placement be reviewed by a panel appointed pursuant to NRS 432B.585.

      2.  An agency acting as the custodian of the child shall, before any hearing for review of the placement of a child, submit a report to the court, or to the panel if it has been designated to review the matter, which includes:

      (a) An evaluation of the progress of the child and the family of the child and any recommendations for further supervision, treatment or rehabilitation.

      (b) Information concerning the placement of the child in relation to the child’s siblings, including, without limitation:

             (1) Whether the child was placed together with the siblings;

             (2) Any efforts made by the agency to have the child placed together with the siblings;

             (3) Any actions taken by the agency to ensure that the child has contact with the siblings; and

             (4) If the child is not placed together with the siblings:

                   (I) The reasons why the child is not placed together with the siblings; and

                   (II) A plan for the child to visit the siblings, which must be approved by the court.

      (c) A copy of an academic plan developed for the child pursuant to NRS 388.155, 388.165 or 388.205.

      (d) A copy of any explanations regarding medication that has been prescribed for the child that have been submitted by a foster home pursuant to NRS 424.0383.

      3.  Except as otherwise provided in this subsection, a copy of the report submitted pursuant to subsection 2 must be given to the parents, the guardian ad litem and the attorney, if any, representing the parent or the child. If the child was delivered to a provider of emergency services pursuant to NRS 432B.630 and the parent has not appeared in the action, the report need not be sent to that parent.

      4.  After a plan for visitation between a child and the siblings of the child submitted pursuant to subparagraph (4) of paragraph (b) of subsection 2 has been approved by the court, the agency which provides child welfare services must request the court to issue an order requiring the visitation set forth in the plan for visitation. If a person refuses to comply with or disobeys an order issued pursuant to this subsection, the person may be punished as for a contempt of court.

      5.  The court or the panel shall hold a hearing to review the placement, unless the parent, guardian or custodian files a motion with the court to dispense with the hearing. If the motion is granted, the court or panel may make its determination from any report, statement or other information submitted to it.

      6.  Except as otherwise provided in [this] subsection 7 and subsection 5 of NRS 432B.520, notice of the hearing must be given by registered or certified mail to:

      (a) All the parties to any of the prior proceedings;

      (b) Any persons planning to adopt the child;

      (c) A sibling of the child, if known, who has been granted a right to visitation of the child pursuant to NRS 127.171 and his or her attorney, if any; and

 


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      (d) Any other relatives of the child or providers of foster care who are currently providing care to the child.

      7.  The notice of the hearing required to be given pursuant to subsection 6:

      (a) Must include a statement indicating that if the child is placed for adoption the right to visitation of the child is subject to the provisions of NRS 127.171;

      (b) Must not include any confidential information described in NRS 127.140; [and]

      (c) Need not be given to a parent whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarily relinquished the child for adoption pursuant to NRS 127.040 [.] ; and

      (d) Need not be given to a parent who delivered a child to a provider of emergency services pursuant to NRS 432B.630.

      8.  The court or panel may require the presence of the child at the hearing and shall provide to each person to whom notice was given pursuant to subsection 6 a right to be heard at the hearing.

      9.  The court or panel shall review:

      (a) The continuing necessity for and appropriateness of the placement;

      (b) The extent of compliance with the plan submitted pursuant to subsection 2 of NRS 432B.540;

      (c) Any progress which has been made in alleviating the problem which resulted in the placement of the child; and

      (d) The date the child may be returned to, and safely maintained in, the home or placed for adoption or under a legal guardianship.

      10.  The provision of notice and a right to be heard pursuant to this section does not cause any person planning to adopt the child, any sibling of the child or any other relative, any adoptive parent of a sibling of the child or a provider of foster care to become a party to the hearing.

      Sec. 6.7. NRS 432B.590 is hereby amended to read as follows:

      432B.590  1.  Except as otherwise provided in subsection 2 and NRS 432B.513, the court shall hold a hearing concerning the permanent placement of a child:

      (a) Not later than 12 months after the initial removal of the child from the home of the child and annually thereafter.

      (b) Within 30 days after making any of the findings set forth in subsection 3 of NRS 432B.393.

Ê Notice of this hearing must be given by registered or certified mail to all the persons to whom notice must be given pursuant to subsection 6 of NRS 432B.580.

      2.  A parent who delivered a child to a provider of emergency services pursuant to NRS 432B.630 shall be deemed to have waived any right to notice pursuant to this section.

      3.  The court may require the presence of the child at the hearing and shall provide to each person to whom notice was given pursuant to subsection 1 a right to be heard at the hearing.

      [3.]4.  At the hearing, the court shall review any plan for the permanent placement of the child adopted pursuant to NRS 432B.553 and, if the goal of the plan is a permanent living arrangement other than reunification with his or her parents, placement for adoption, placement with a legal guardian or placement with a relative, ask the child about his or her desired permanent living arrangement. After doing so, the court must determine:

 


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ê2017 Statutes of Nevada, Page 680 (Chapter 152, SB 2)ê

 

      (a) Whether the agency with legal custody of the child has made the reasonable efforts required by subsection 1 of NRS 432B.553;

      (b) Whether, and if applicable when:

             (1) The child should be returned to the parents of the child or placed with other relatives;

             (2) It is in the best interests of the child to:

                   (I) Initiate proceedings to terminate parental rights pursuant to chapter 128 of NRS so that the child can be placed for adoption;

                   (II) Initiate proceedings to establish a guardianship pursuant to chapter 159 of NRS; or

                   (III) Establish a guardianship in accordance with NRS 432B.466 to 432B.468, inclusive; or

             (3) The agency with legal custody of the child has produced documentation of its conclusion that there is a compelling reason for the placement of a child who has attained the age of 16 years in another permanent living arrangement;

      (c) If the child will not be returned to the parents of the child, whether the agency with legal custody of the child fully considered placement options both within and outside of this State;

      (d) If the child has attained the age of 14 years, whether the child will receive the services needed to assist the child in transitioning to independent living; and

      (e) If the child has been placed outside of this State, whether the placement outside of this State continues to be appropriate for and in the best interests of the child.

      [4.]5.  The court shall prepare an explicit statement of the facts upon which each of its determinations is based pursuant to subsection [3.] 4. If the court determines that it is not in the best interests of the child to be returned to his or her parents, or to be placed for adoption, with a legal guardian or with a relative, the court must include compelling reasons for this determination and an explanation of those reasons in its statement of the facts.

      [5.]6.  If the court determines that it is in the best interests of the child to terminate parental rights, the court shall use its best efforts to ensure that the procedures required by chapter 128 of NRS are completed within 6 months after the date the court makes that determination, including, without limitation, appointing a private attorney to expedite the completion of the procedures.

      [6.]7.  The provisions of this section do not limit the jurisdiction of the court to review any decisions of the agency with legal custody of the child regarding the permanent placement of the child.

      [7.]8.  If a child has been placed outside of the home and has resided outside of the home pursuant to that placement for 14 months of any 20 consecutive months, the best interests of the child must be presumed to be served by the termination of parental rights.

      [8.]9.  This hearing may take the place of the hearing for review required by NRS 432B.580.

      [9.]10.  The provision of notice and a right to be heard pursuant to this section does not cause any person planning to adopt the child, any sibling of the child or any other relative, any adoptive parent of a sibling of the child or a provider of foster care to become a party to the hearing.

 


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ê2017 Statutes of Nevada, Page 681 (Chapter 152, SB 2)ê

 

      Sec. 7. NRS 432B.630 is hereby amended to read as follows:

      432B.630  1.  A provider of emergency services shall take immediate possession of a child who is or appears to be not more than 30 days old:

      (a) When:

             (1) The child is voluntarily delivered to the provider by a parent of the child; and

             (2) The parent does not express an intent to return for the child; or

      (b) When the child is delivered to the provider by another provider of emergency services pursuant to paragraph (b) of subsection 2.

      2.  A provider of emergency services who takes possession of a child pursuant to subsection 1 , including, without limitation, the hospital at which the child was born, shall:

      (a) Whenever possible, inform the parent of the child that:

             (1) By allowing the provider to take possession of the child, the parent is presumed to have abandoned the child [;] pursuant to NRS 128.097;

             (2) [By failing or refusing to provide an address where the parent can be located, the] The parent waives any right to notice of [the] a hearing [to be conducted] pursuant to NRS [432B.470; and] 128.060 or 128.070 or 432B.410 to 432B.590, inclusive; and

             (3) Unless the parent contacts the local agency which provides child welfare services, action will be taken to terminate his or her parental rights regarding the child.

      (b) Perform any act necessary to maintain and protect the physical health and safety of the child. If the provider is a public fire-fighting agency, a volunteer fire department, a law enforcement agency or an ambulance service, the provider shall immediately cause the safe delivery of the child to a hospital, an obstetric center or an independent center for emergency medical care licensed pursuant to chapter 449 of NRS.

      (c) As soon as reasonably practicable but not later than 24 hours after the provider takes possession of the child, report that possession to an agency which provides child welfare services , if the provider is not an agency which provides child welfare services, and, if the provider is not a law enforcement agency, to a law enforcement agency. The law enforcement agency shall notify the Clearinghouse and investigate further, if necessary, using any other resources to determine whether the child has been reported as a missing child. Upon conclusion of the investigation, the law enforcement agency shall inform the agency which provides child welfare services of its determination. The agency which provides child welfare services shall maintain that information for statistical and research purposes.

      (d) Except as otherwise provided in this paragraph, transfer any information that the provider of emergency services has obtained regarding the child and any parent of the child who did not deliver the child to the provider to the agency which provides child welfare services that takes the child into protective custody pursuant to NRS 432B.390, except that any identifying information relating to the parent who delivered the child to the provider must not be transferred to the agency which provides child welfare services, regardless of whether the parent has requested anonymity. The provisions of this paragraph do not prohibit a provider of emergency services from transferring identifying information relating to the parent to the agency which provides child welfare services if the agency has reasonable cause to believe that the child has been abused or neglected.

 


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      3.  A parent who delivers a child to a provider of emergency services pursuant to paragraph (a) of subsection 1:

      (a) Shall leave the child:

             (1) In the physical possession of a person who the parent has reasonable cause to believe is an employee of the provider; or

             (2) On the property of the provider in a manner and location that the parent has reasonable cause to believe will not threaten the physical health or safety of the child, and immediately contact the provider, through the local emergency telephone number or otherwise, and inform the provider of the delivery and location of the child. A provider of emergency services is not liable for any civil damages as a result of any harm or injury sustained by a child after the child is left on the property of the provider pursuant to this subparagraph and before the provider is informed of the delivery and location of the child pursuant to this subparagraph or the provider takes physical possession of the child, whichever occurs first.

      (b) Shall be deemed to have given consent to the performance of all necessary emergency services and care for the child.

      (c) Must not be required to provide any background or medical information regarding the child, but may voluntarily do so.

      (d) Unless there is reasonable cause to believe that the child has been abused or neglected, excluding the mere fact that the parent has delivered the child to the provider pursuant to subsection 1:

             (1) Must not be required to disclose any identifying information, but may voluntarily do so;

             (2) Must be allowed to leave at any time; and

             (3) Must not be pursued or followed.

      4.  As used in this section:

      (a) “Clearinghouse” has the meaning ascribed to it in NRS 432.150.

      (b) “Provider of emergency services” means:

             (1) A hospital, an obstetric center or an independent center for emergency medical care licensed pursuant to chapter 449 of NRS;

             (2) A public fire-fighting agency, including, without limitation, a volunteer fire department;

             (3) A law enforcement agency; [or]

             (4) An ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS [.] ; or

             (5) An agency which provides child welfare services.

      Sec. 8. NRS 128.060 is hereby amended to read as follows:

      128.060  1.  After a petition has been filed, unless the party or parties to be served voluntarily appear and consent to the hearing, the court shall direct the clerk to issue a notice, reciting briefly the substance of the petition and stating the date set for the hearing thereof, and requiring the person served therewith to appear before the court at the time and place if that person desires to oppose the petition.

      2.  [The] Except as otherwise provided in subsection 4, the following persons must be personally served with the notice:

      (a) The father or mother of the minor person, if residing within this State, and if his or her place of residence is known to the petitioner, or, if there is no parent so residing, or if the place of residence of the father or mother is not known to the petitioner, then the nearest known relative of that person, if there is any residing within the State, and if his or her residence and relationship are known to the petitioner; and

 


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ê2017 Statutes of Nevada, Page 683 (Chapter 152, SB 2)ê

 

      (b) The minor’s legal custodian or guardian, if residing within this State and if his or her place of residence is known to the petitioner.

      3.  If the petitioner or the child is receiving public assistance, the petitioner shall mail a copy of the notice of hearing and a copy of the petition to the Chief of the Child Support Enforcement Program of the Division of Welfare and Supportive Services of the Department of Health and Human Services by registered or certified mail return receipt requested at least 45 days before the hearing.

      4.  A parent who delivered a child to a provider of emergency services pursuant to NRS 432B.630 shall be deemed to have waived any right to notice pursuant to this section.

      Sec. 9. NRS 128.070 is hereby amended to read as follows:

      128.070  1.  [When] Except as otherwise provided in subsection 6, when the father or mother of a minor child or the child’s legal custodian or guardian resides out of the State, has departed from the State, or cannot, after due diligence, be found within the State, or conceals himself or herself to avoid the service of the notice of hearing, and the fact appears, by affidavit, to the satisfaction of the court thereof, and it appears, either by affidavit or by a verified petition on file, that the named father or mother or custodian or guardian is a necessary or proper party to the proceedings, the court may grant an order that the service be made by the publication of the notice of hearing. When the affidavit is based on the fact that the father or mother or custodian or guardian resides out of the State, and his or her present address is unknown, it is a sufficient showing of that fact if the affiant states generally in the affidavit that:

      (a) At a previous time the person resided out of this State in a certain place (naming the place and stating the latest date known to the affiant when the person so resided there);

      (b) That place is the last place in which the person resided to the knowledge of the affiant;

      (c) The person no longer resides at that place;

      (d) The affiant does not know the present place of residence of the person or where the person can be found; and

      (e) The affiant does not know and has never been informed and has no reason to believe that the person now resides in this State.

Ê In such case, it shall be presumed that the person still resides and remains out of the State, and the affidavit shall be deemed to be a sufficient showing of due diligence to find the father or mother or custodian or guardian.

      2.  The order must direct the publication to be made in a newspaper, to be designated by the court, for a period of 4 weeks, and at least once a week during that time. In case of publication, where the residence of a nonresident or absent father or mother or custodian or guardian is known, the court shall also direct a copy of the notice of hearing and petition to be deposited in the post office, directed to the person to be served at his or her place of residence. When publication is ordered, personal service of a copy of the notice of hearing and petition, out of the State, is equivalent to completed service by publication and deposit in the post office, and the person so served has 20 days after the service to appear and answer or otherwise plead. The service of the notice of hearing shall be deemed complete in cases of publication at the expiration of 4 weeks from the first publication, and in cases when a deposit of a copy of the notice of hearing and petition in the post office is also required, at the expiration of 4 weeks from the deposit.

 


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ê2017 Statutes of Nevada, Page 684 (Chapter 152, SB 2)ê

 

      3.  Personal service outside the State upon a father or mother over the age of 18 years or upon the minor’s legal custodian or guardian may be made in any action where the person served is a resident of this State. When the facts appear, by affidavit, to the satisfaction of the court, and it appears, either by affidavit or by a verified petition on file, that the person in respect to whom the service is to be made is a necessary or proper party to the proceedings, the court may grant an order that the service be made by personal service outside the State. The service must be made by delivering a copy of the notice of hearing together with a copy of the petition in person to the person served. The methods of service are cumulative, and may be utilized with, after or independently of other methods of service.

      4.  Whenever personal service cannot be made, the court may require, before ordering service by publication or by publication and mailing, such further and additional search to determine the whereabouts of the person to be served as may be warranted by the facts stated in the affidavit of the petitioner to the end that actual notice be given whenever possible.

      5.  If one or both of the parents of the minor is unknown, or if the name of either or both of the parents of the minor is uncertain, then those facts must be set forth in the affidavit and the court shall order the notice to be directed and addressed to either the father or the mother of the person, and to all persons claiming to be the father or mother of the person. The notice, after the caption, must be addressed substantially as follows: “To the father and mother of the above-named person, and to all persons claiming to be the father or mother of that person.”

      6.  A parent who delivered a child to a provider of emergency services pursuant to NRS 432B.630 shall be deemed to have waived any right to notice pursuant to this section.

________

CHAPTER 153, SB 91

Senate Bill No. 91–Senator Hardy

 

CHAPTER 153

 

[Approved: May 26, 2017]

 

AN ACT relating to prescription drugs; combining the HIV/AIDS Drug Donation Program and the Cancer Drug Donation Program to create the Prescription Drug Donation Program; authorizing a person or governmental entity to donate prescription drugs to the Program; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the HIV/AIDS Drug Donation Program and the Cancer Drug Donation Program. (NRS 453B.010-453B.130, 453B.150-453B.240) This bill: (1) combines those Programs to create the Prescription Drug Donation Program; and (2) additionally allows a person or governmental entity to donate to the Prescription Drug Donation Program any prescription drug, with limited exceptions.

      Section 2 of this bill authorizes a person or governmental entity to donate to the Prescription Drug Donation Program any prescription drug, other than marijuana and certain other drugs for which the patient must be registered with the manufacturer. Section 2 also authorizes a pharmacy, medical facility, health clinic or provider of health care to impose a handling fee upon a patient who receives a donated prescription drug and imposes requirements concerning the acceptance, distribution or dispensing of a donated prescription drug.

 


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ê2017 Statutes of Nevada, Page 685 (Chapter 153, SB 91)ê

 

prescription drug and imposes requirements concerning the acceptance, distribution or dispensing of a donated prescription drug. Section 2 also reduces the minimum number of days before a prescription drug expires for the drug to be accepted, distributed or dispensed pursuant to the program from 180 to 60 days or more after the date on which the drug is donated.

      Section 3 of this bill prescribes certain recordkeeping requirements relating to donated prescription drugs and the storage of donated prescription drugs. Section 4 of this bill requires a donated prescription drug to be dispensed by a registered pharmacist, pursuant to a prescription, to a recipient who is eligible under regulations adopted by the State Board of Pharmacy. Section 5 of this bill requires a pharmacy, medical facility, health clinic or provider of health care that participates in the Program to comply with all applicable state and federal laws. Section 5 also authorizes such a pharmacy, medical facility, health clinic or provider of health care to distribute a donated prescription drug to another pharmacy, medical facility, health clinic or provider of health care that participates in the Program. Section 6 of this bill requires the Board to adopt regulations to carry out the Program. Section 7 of this bill: (1) provides immunity from liability for certain actions relating to the Program; and (2) requires a person to whom a donated prescription drug is dispensed to sign a waiver of liability for such actions.

 

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 453B.060 is hereby amended to read as follows:

      453B.060  “Program” means the [HIV/AIDS] Prescription Drug Donation Program established pursuant to NRS 453B.080.

      Sec. 2. NRS 453B.080 is hereby amended to read as follows:

      453B.080  1.  The Board shall establish and maintain the [HIV/AIDS] Prescription Drug Donation Program to accept, distribute and dispense [HIV/AIDS] prescription drugs donated to the Program.

      2.  [Any] Except as otherwise provided in this section, a person or governmental entity may donate [an HIV/AIDS] any prescription drug to the Program. [An HIV/AIDS]

      3.  A prescription drug may be donated to the Program at a pharmacy, medical facility, health clinic or provider of health care that participates in the Program.

      [3.]4.  A pharmacy, medical facility, health clinic or provider of health care that participates in the Program may charge a patient who receives [an HIV/AIDS] a donated prescription drug a handling fee in accordance with the regulations adopted by the Board pursuant to NRS 453B.120.

      [4.]5.  A pharmacy, medical facility, health clinic or provider of health care that participates in the Program must establish written procedures for receiving and inspecting donated [HIV/AIDS] prescription drugs . [which are approved by the Board.

      5.  An HIV/AIDS]

      6.  A prescription drug may be accepted, distributed or dispensed pursuant to the Program only if the [HIV/AIDS] drug:

      (a) Is in its original, unopened, sealed and tamper-evident unit dose packaging or, if packaged in single-unit doses, the single-unit dose packaging is unopened;

      (b) Is not adulterated or misbranded; and

 


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ê2017 Statutes of Nevada, Page 686 (Chapter 153, SB 91)ê

 

      (c) Bears an expiration date that is [180] 60 days or more after the date on which the drug is donated.

      [6.  An HIV/AIDS]

      7.  A prescription drug donated to the Program may not be:

      (a) Resold; or

      (b) Designated by the donor for a specific person.

      [7.]8.  The provisions of this section do not require a pharmacy, medical facility, health clinic or provider of health care to participate in the Program.

      9.  Marijuana, as defined in NRS 453.096, or any drug that may only be dispensed to a patient registered with the manufacturer of the drug pursuant to requirements of the United States Food and Drug Administration may not be donated, accepted, distributed or dispensed pursuant to the Program.

      10.  A prescription drug donated to the Program that does not include a lot number shall be deemed to have been recalled if the prescription drug has the same National Drug Code assigned by the United States Food and Drug Administration as a recalled prescription drug.

      Sec. 3. NRS 453B.090 is hereby amended to read as follows:

      453B.090  A pharmacy, medical facility, health clinic or provider of health care that participates in the Program shall:

      1.  Maintain the records for any [HIV/AIDS] prescription drug that is donated to the Program separate from all other records kept by the pharmacy, medical facility, health clinic or provider of health care. Records for any [HIV/AIDS] prescription drug donated to the Program must include, without limitation:

      (a) The date the pharmacy, medical facility, health clinic or provider of health care received the drug;

      (b) [The] If donated by the person for whom the drug was prescribed, the date the drug was dispensed pursuant to the original prescription;

      (c) [The] If donated by the person for whom the drug was prescribed, the original prescription number of the drug;

      (d) The name of the drug;

      (e) The dosage of the drug;

      (f) The quantity of the drug that is donated;

      (g) The date of expiration of the drug;

      (h) [The] If donated by the person for whom the drug was prescribed, the name, address and telephone number of the person who originally dispensed the drug;

      (i) The name, address and telephone number of the person who donated the drug; and

      (j) The lot number of the drug.

      2.  Maintain the record of [an HIV/AIDS] a donated prescription drug that is distributed to another pharmacy, medical facility, health clinic or provider of health care which is participating in the Program separate from all other records kept by the pharmacy, medical facility, health clinic or provider of health care. The records for any [HIV/AIDS] donated prescription drug distributed to another pharmacy, medical facility, health clinic or provider of health care must include, without limitation:

      (a) The information required by subsection 1;

      (b) The name, address and telephone number of the pharmacy, medical facility, health clinic or provider of health care that is distributing the drug;

 


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ê2017 Statutes of Nevada, Page 687 (Chapter 153, SB 91)ê

 

      (c) The quantity of the drug that is being distributed; and

      (d) The name, address and telephone number of the pharmacy, medical facility, health clinic or provider of health care to which the drug is distributed.

      3.  Record and retain the name and telephone number of any person to whom a donated [HIV/AIDS] prescription drug is dispensed.

      4.  Store [an HIV/AIDS] a prescription drug that is donated to the Program:

      (a) Pursuant to the recommendations of the manufacturer of the drug concerning the storage conditions;

      (b) Separate from all other drugs; and

      (c) In a locked storage area.

      Sec. 4. NRS 453B.100 is hereby amended to read as follows:

      453B.100  [An HIV/AIDS] A prescription drug donated for use in the Program may only be dispensed:

      1.  By a pharmacist who is registered pursuant to chapter 639 of NRS; [and]

      2.  Pursuant to a prescription written by a person who is authorized to write prescriptions; and

      3.  To a person who is eligible to receive [HIV/AIDS] prescription drugs dispensed pursuant to the Program.

      Sec. 5. NRS 453B.110 is hereby amended to read as follows:

      453B.110  A pharmacy, medical facility, health clinic or provider of health care that participates in the Program:

      1.  Shall comply with all applicable state and federal laws concerning the storage, distribution and dispensing of any [HIV/AIDS] prescription drugs donated to the Program; and

      2.  May distribute [an HIV/AIDS] a prescription drug donated to the Program to another pharmacy, medical facility, health clinic or provider of health care for use in the Program.

      Sec. 6. NRS 453B.120 is hereby amended to read as follows:

      453B.120  The Board shall adopt regulations to carry out the provisions of this chapter. The regulations must prescribe, without limitation:

      1.  The requirements for the participation of pharmacies, medical facilities, health clinics and providers of health care in the Program . [;] For medical facilities or providers of health care who participate in the Program by accepting, distributing or dispensing a prescription drug used to treat cancer, the requirements prescribed pursuant to this subsection must include a requirement that any such medical facility or provider of health care provide, as a regular course of practice, medical services and goods to persons with cancer.

      2.  The criteria for determining the eligibility of persons to receive [HIV/AIDS] prescription drugs dispensed pursuant to the Program . [, including, without limitation, a requirement that a person apply to the Board on a form prescribed by the Board for eligibility to receive HIV/AIDS drugs dispensed or distributed pursuant to the Program;]

      3.  [The categories of HIV/AIDS drugs that may be accepted for distribution or dispensing pursuant to the Program;

      4.]  The maximum fee that a pharmacy, medical facility, health clinic or provider of health care may charge to distribute or dispense [HIV/AIDS] prescription drugs pursuant to the Program . [; and

 


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ê2017 Statutes of Nevada, Page 688 (Chapter 153, SB 91)ê

 

      5.]4.  The requirements for the written procedures established by a pharmacy, medical facility, health clinic or provider of health care for receiving and inspecting [donated HIV/AIDS] prescription drugs donated to the Program and the manner in which a pharmacy, medical facility, health clinic or provider of health care must submit such procedures for approval [.] , including, without limitation, a requirement that a pharmacy, medical facility, health clinic or provider of health care that dispenses prescription drugs donated to the Program verify and record the eligibility of persons to receive such prescription drugs in the manner set forth in regulations adopted pursuant to subsection 2.

      Sec. 7. NRS 453B.130 is hereby amended to read as follows:

      453B.130  1.  A person who exercises reasonable care in the donation of [an HIV/AIDS] a prescription drug in accordance with the provisions of this chapter and the regulations adopted pursuant thereto is not subject to any civil or criminal liability or disciplinary action by a professional licensing board for any loss, injury or death that results from the donation of the [HIV/AIDS] prescription drug.

      2.  A pharmacy, medical facility, health clinic or provider of health care which participates in the Program and which exercises reasonable care in the acceptance, distribution or dispensation of [an HIV/AIDS] a prescription drug donated to the Program is not subject to civil or criminal liability or disciplinary action by a professional licensing board for any loss, injury or death that results from the acceptance, distribution or dispensation of the [HIV/AIDS] prescription drug.

      3.  A manufacturer of [an HIV/AIDS] a prescription drug donated to the Program is not subject to civil or criminal liability for any claim or injury arising from the donation, acceptance, distribution or dispensation of the [HIV/AIDS] prescription drug pursuant to this chapter and the regulations adopted pursuant thereto.

      4.  [An HIV/AIDS] A prescription drug may not be dispensed pursuant to the Program unless the person to whom the drug is dispensed has signed a waiver of liability for any action described in this section performed by any person, pharmacy, medical facility, health clinic, provider of health care or manufacturer of the [HIV/AIDS] prescription drug.

      Sec. 8. NRS 453B.030, 453B.150, 453B.160, 453B.170, 453B.180, 453B.190, 453B.200, 453B.210, 453B.220, 453B.230 and 453B.240 are hereby repealed.

      Sec. 9.  This act becomes effective 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 on January 1, 2018, for all other purposes.

________

 

 


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ê2017 Statutes of Nevada, Page 689ê

 

CHAPTER 154, SB 50

Senate Bill No. 50–Committee on Health and Human Services

 

CHAPTER 154

 

[Approved: May 26, 2017]

 

AN ACT relating to health care; establishing a procedure for a person to execute an advance directive for psychiatric care to direct a physician or other provider of health care in the event that the person is incapable of making or communicating decisions regarding psychiatric care; requiring a physician or provider of health care to make a reasonable inquiry to determine whether a person has executed such an advance directive under certain circumstances; requiring a physician or provider of health care to comply with such an advance directive under certain circumstances; providing immunity from civil or criminal liability, or discipline for unprofessional conduct, to a physician or provider of health care under certain circumstances relating to compliance with such an advance directive; authorizing a person to register an advance directive for psychiatric care with the Secretary of State for deposit in the Registry of Advance Directives for Health Care; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a person may provide an advance directive concerning his or her health care in the form of a durable power of attorney for health care decisions, a declaration governing the withholding or withdrawal of life-sustaining treatment, a Physician Order for Life-Sustaining Treatment form or a do-not-resuscitate order. (NRS 162A.700-162A.865, 449.535-449.690, 449.694, 449.800-449.860, 450B.420) Existing law also provides for a Registry of Advance Directives for Health Care, in which certain health records of a patient may be deposited to facilitate treatment of that patient by any health care provider. (NRS 449.900-449.965)

      Section 8 of this bill authorizes a person who is of sound mind and who is 18 or more years of age or an emancipated minor to execute an advance directive for psychiatric care to direct any provider of health care on how he or she wishes psychiatric care to be provided in the event that he or she is incapable of making decisions concerning such care or communicating such decisions. Section 8 also authorizes a person to designate another person to make decisions for him or her in the event that he or she is incapable of making such decisions. Section 9 of this bill sets forth a sample form that may be used by a person wishing to execute an advance directive for psychiatric care. Sections 10 and 11 of this bill establish the circumstances under which an advance directive for psychiatric care becomes operative. Section 13 of this bill provides that a person may revoke his or her advance directive for psychiatric care at any time, as long as he or she is capable of making such a decision at the time. Sections 12 and 13 of this bill require a physician or other provider of health care to enter an advance directive for psychiatric care or a revocation of such an advance directive into the medical record of the person executing the advance directive or revocation. Section 17 of this bill provides that an advance directive for psychiatric care validly executed pursuant to the laws of another state is valid in this State.

      Section 14 of this bill sets forth the following circumstances under which a physician or other provider of health care may not comply with an advance directive for psychiatric care: (1) compliance with the advance directive is not consistent with generally accepted standards of care; (2) compliance is not consistent with the availability of treatments requested in the advance directive; (3) compliance would violate applicable laws; (4) the person executing the advance directive is involuntarily admitted to a mental health facility and a course of treatment is required by law; or (5) compliance would endanger the life of the person executing the advance directive or any other person.

 


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ê2017 Statutes of Nevada, Page 690 (Chapter 154, SB 50)ê

 

violate applicable laws; (4) the person executing the advance directive is involuntarily admitted to a mental health facility and a course of treatment is required by law; or (5) compliance would endanger the life of the person executing the advance directive or any other person. Section 15 of this bill requires a physician or other provider of health care to promptly transfer the care of a person executing an advance directive if the provider is unable to comply with his or her advance directive.

      Section 16 of this bill: (1) requires a physician or other provider of health care to make a reasonable inquiry as to whether a person determined to be incapable of making decisions relating to his or her psychiatric care has executed an advance directive for psychiatric care; and (2) shields a physician or other provider of health care from civil or criminal liability, or discipline for unprofessional conduct, under certain circumstances for actions taken or not taken relating to a person’s psychiatric care.

      Section 18 of this bill adds an advance directive for psychiatric care to the definition of “advance directive” for purposes of registering such an advance directive with the Secretary of State for deposit in the Registry of Advance Directives for Health Care.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 17, inclusive, of this act.

      Sec. 2. As used in sections 2 to 17, 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. “Advance directive for psychiatric care” or “advance directive” means a writing executed in accordance with the requirements of section 8 of this act pursuant to which the principal makes a declaration of instructions, information and preferences regarding his or her psychiatric care.

      Sec. 4. “Attending physician” has the meaning ascribed to it in NRS 449.550.

      Sec. 5. “Principal” means the person who has executed an advance directive for psychiatric care.

      Sec. 6. “Provider of health care” has the meaning ascribed to it in NRS 449.581.

      Sec. 7. “Psychiatric care” means the provision of psychiatric services and psychiatric treatment and the administration of psychotropic medication.

      Sec. 8. 1.  A person of sound mind who is 18 or more years of age or who has been declared emancipated pursuant to NRS 129.080 to 129.140, inclusive, may execute at any time an advance directive for psychiatric care. The principal may designate another natural person of sound mind and 18 or more years of age to make decisions governing the provision of psychiatric care. The advance directive must be signed by the principal, or another at the principal’s direction, and attested by two witnesses. Neither of the witnesses may be:

      (a) The attending physician or provider of health care;

      (b) An employee of the attending physician or provider of health care;

      (c) An owner or operator of a medical facility in which the principal is a patient or resident or an employer of such an owner or operator; or

      (d) A person appointed as an attorney-in-fact by the advance directive.

 


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      2.  An advance directive becomes effective upon its proper execution and remains valid for a period of 2 years after the date of its execution unless revoked.

      Sec. 9. The form of an advance directive for psychiatric care may be substantially in the following form, and must be witnessed or executed in the same manner as the following form:

 

NOTICE TO PERSON MAKING AN ADVANCE DIRECTIVE FOR PSYCHIATRIC CARE

 

       THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES AN ADVANCE DIRECTIVE FOR PSYCHIATRIC CARE. BEFORE SIGNING THIS DOCUMENT YOU SHOULD KNOW THESE IMPORTANT FACTS:

       THIS DOCUMENT ALLOWS YOU TO MAKE DECISIONS IN ADVANCE ABOUT CERTAIN TYPES OF PSYCHIATRIC CARE. THE INSTRUCTIONS YOU INCLUDE IN THIS ADVANCE DIRECTIVE WILL BE FOLLOWED IF TWO PROVIDERS OF HEALTH CARE, ONE OF WHOM MUST BE A PHYSICIAN OR LICENSED PSYCHOLOGIST AND THE OTHER OF WHOM MUST BE A PHYSICIAN, A PHYSICIAN ASSISTANT, A LICENSED PSYCHOLOGIST, A PSYCHIATRIST OR AN ADVANCED PRACTICE REGISTERED NURSE WHO HAS THE PSYCHIATRIC TRAINING AND EXPERIENCE PRESCRIBED BY THE STATE BOARD OF NURSING PURSUANT TO NRS 632.120, DETERMINES THAT YOU ARE INCAPABLE OF MAKING OR COMMUNICATING TREATMENT DECISIONS. OTHERWISE YOU WILL BE CONSIDERED CAPABLE TO GIVE OR WITHHOLD CONSENT FOR THE TREATMENTS. YOUR INSTRUCTIONS MAY BE OVERRIDDEN IF YOU ARE BEING HELD IN ACCORDANCE WITH CIVIL COMMITMENT LAW. BY EXECUTING A DURABLE POWER OF ATTORNEY FOR HEALTH CARE AS SET FORTH IN NRS 162A.700 TO 162A.865, INCLUSIVE, YOU MAY ALSO APPOINT A PERSON AS YOUR AGENT TO MAKE TREATMENT DECISIONS FOR YOU IF YOU BECOME INCAPABLE. THIS DOCUMENT IS VALID FOR TWO YEARS FROM THE DATE YOU EXECUTE IT UNLESS YOU REVOKE IT. YOU HAVE THE RIGHT TO REVOKE THIS DOCUMENT AT ANY TIME YOU HAVE NOT BEEN DETERMINED TO BE INCAPABLE. YOU MAY NOT REVOKE THIS ADVANCE DIRECTIVE WHEN YOU ARE FOUND INCAPABLE BY TWO PROVIDERS OF HEALTH CARE, ONE OF WHOM MUST BE A PHYSICIAN OR LICENSED PSYCHOLOGIST AND THE OTHER OF WHOM MUST BE A PHYSICIAN, A PHYSICIAN ASSISTANT, A LICENSED PSYCHOLOGIST, A PSYCHIATRIST OR AN ADVANCED PRACTICE REGISTERED NURSE WHO HAS THE PSYCHIATRIC TRAINING AND EXPERIENCE PRESCRIBED BY THE STATE BOARD OF NURSING PURSUANT TO NRS 632.120. A REVOCATION IS EFFECTIVE WHEN IT IS COMMUNICATED TO YOUR ATTENDING PHYSICIAN OR OTHER HEALTH CARE PROVIDER. THE PHYSICIAN OR OTHER PROVIDER SHALL NOTE THE REVOCATION IN YOUR MEDICAL RECORD.

 


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OTHER PROVIDER SHALL NOTE THE REVOCATION IN YOUR MEDICAL RECORD. TO BE VALID, THIS ADVANCE DIRECTIVE MUST BE SIGNED BY TWO QUALIFIED WITNESSES, PERSONALLY KNOWN TO YOU, WHO ARE PRESENT WHEN YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE. IT MUST ALSO BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC.

 

NOTICE TO PHYSICIAN OR OTHER PROVIDER OF HEALTH CARE

 

      Under Nevada law, a person may use this advance directive to provide consent or refuse to consent to future psychiatric care if the person later becomes incapable of making or communicating those decisions. By executing a durable power of attorney for health care as set forth in NRS 162A.700 to 162A.865, inclusive, the person may also appoint an agent to make decisions regarding psychiatric care for the person when incapable. A person is “incapable” for the purposes of this advance directive when in the opinion of two providers of health care, one of whom must be a physician or licensed psychologist and the other of whom must be a physician, a physician assistant, a licensed psychologist, a psychiatrist or an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120, the person currently lacks sufficient understanding or capacity to make or communicate decisions regarding psychiatric care. If a person is determined to be incapable, the person may be found capable when, in the opinion of the person’s attending physician or an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 and has an established relationship with the person, the person has regained sufficient understanding or capacity to make or communicate decisions regarding psychiatric care. This document becomes effective upon its proper execution and remains valid for a period of 2 years after the date of its execution unless revoked. Upon being presented with this advance directive, the physician or other provider of health care must make it a part of the person’s medical record. The physician or other provider must act in accordance with the statements expressed in the advance directive when the person is determined to be incapable, except as otherwise provided in section 14 of this act. The physician or other provider shall promptly notify the principal and, if applicable, the agent of the principal, and document in the principal’s medical record any act or omission that is not in compliance with any part of an advance directive. A physician or other provider may rely upon the authority of a signed, witnessed, dated and notarized advance directive.

 

ADVANCE DIRECTIVE FOR PSYCHIATRIC CARE

 

      I,.............................., being an adult of sound mind or an emancipated minor, willfully and voluntarily make this advance directive for psychiatric care to be followed if it is determined by two providers of health care, one of whom must be my attending physician or a licensed psychologist and the other of whom must be a physician, a physician assistant, a licensed psychologist, a psychiatrist or an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120, that my ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that I lack the capacity to refuse or consent to psychiatric care.

 


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directive for psychiatric care to be followed if it is determined by two providers of health care, one of whom must be my attending physician or a licensed psychologist and the other of whom must be a physician, a physician assistant, a licensed psychologist, a psychiatrist or an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120, that my ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that I lack the capacity to refuse or consent to psychiatric care. I understand that psychiatric care may not be administered without my express and informed consent or, if I am incapable of giving my informed consent, the express and informed consent of my legally responsible person, my agent named pursuant to a valid durable power of attorney for health care or my consent expressed in this advance directive for psychiatric care. I understand that I may become incapable of giving or withholding informed consent or refusal for psychiatric care due to the symptoms of a diagnosed mental disorder. These symptoms may include:

                                                                                                                            

 

PSYCHOACTIVE MEDICATIONS

 

       If I become incapable of giving or withholding informed consent for psychiatric care, my instructions regarding psychoactive medications are as follows: (Place initials beside choice.)

       I consent to the administration of the following medications:.. [.... ]

                                                                                                                         

       I do not consent to the administration of the following medications:   [     ]

                                                                                                                         

       Conditions or limitations:

                                                                                                                         

 

ADMISSION TO AND RETENTION IN FACILITY

 

       If I become incapable of giving or withholding informed consent for psychiatric care, my instructions regarding admission to and retention in a medical facility for psychiatric care are as follows: (Place initials beside choice.)

       I consent to being admitted to a medical facility for psychiatric care. [     ]

       My facility preference is:

                                                                                                                         

       I do not consent to being admitted to a medical facility for psychiatric care. [     ]

      This advance directive cannot, by law, provide consent to retain me in a facility beyond the specific number of days, if any, provided in this advance directive.

       Conditions or limitations:

                                                                                                                         

 


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ADDITIONAL INSTRUCTIONS

 

       These instructions shall apply during the entire length of my incapacity.

       In case of a mental health crisis, please contact:

1.

Name: .............................................................................

Address: .........................................................................

Home Telephone Number: ........................................

Work Telephone Number: .........................................

Relationship to Me: ....................................................

2.

Name: .............................................................................

Address: .........................................................................

Home Telephone Number: ........................................

Work Telephone Number: .........................................

Relationship to Me: ....................................................

3.  My physician:

Name: ................................................................

Work Telephone Number: ............................

4.  My therapist or counselor:

Name: ................................................................

Work Telephone Number: ............................

       The following may cause me to experience a mental health crisis:

                                                                                                                         

       The following may help me avoid a hospitalization:

                                                                                                                         

       I generally react to being hospitalized as follows:

                                                                                                                         

       Staff of the hospital or crisis unit can help me by doing the following:

                                                                                                                         

       I give permission for the following person or people to visit me:

                                                                                                                         

       Instructions concerning any other medical interventions, such as electroconvulsive (ECT) treatment (commonly referred to as “shock treatment”):

                                                                                                                         

       Other instructions:

                                                                                                                         

       I have attached an additional sheet of instructions to be followed and considered part of this advance directive.                                                                                      [............... ]

 

SHARING OF INFORMATION BY PROVIDERS

 

       I understand that the information in this document may be shared by my provider of mental health care with any other provider who may serve me when necessary to provide treatment in accordance with this advance directive.

       Other instructions about sharing of information:

                                                                                                                         

 


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SIGNATURE OF PRINCIPAL

 

       By signing here, I indicate that I am mentally alert and competent, fully informed as to the contents of this document, and understand the full impact of having made this advance directive for psychiatric care.

                   ...............................................................         .............................

                               Signature of Principal                               Date

 

AFFIRMATION OF WITNESSES

 

       We affirm that the principal is personally known to us, that the principal signed or acknowledged the principal’s signature on this advance directive for psychiatric care in our presence, that the principal appears to be of sound mind and not under duress, fraud, or undue influence, and that neither of us is:

       1.  A person appointed as an attorney-in-fact by this document;

      2.  The principal’s attending physician or provider of health care or an employee of the physician or provider; or

      3.  The owner or operator, or employee of the owner or operator, of a medical facility in which the principal is a patient or resident.

       Witnessed by:

Witness: .................................................           .............................

                                 Signature                                     Date

Witness: .................................................           .............................

                                 Signature                                     Date

 

STATE OF NEVADA

COUNTY OF..........................................

 

CERTIFICATION OF NOTARY PUBLIC

 

STATE OF NEVADA

COUNTY OF..........................................

 

       I,.............................., a Notary Public for the County cited above in the State of Nevada, hereby certify that.............................. appeared before me and swore or affirmed to me and to the witnesses in my presence that this instrument is an advance directive for psychiatric care and that he or she willingly and voluntarily made and executed it as his or her free act and deed for the purposes expressed in it.

       I further certify that.............................. and.............................., witnesses, appeared before me and swore or affirmed that each witnessed.............................. sign the attached advance directive for psychiatric care believing him or her to be of sound mind and also swore that at the time each witnessed the signing, each person was: (1) not the attending physician or provider of health care, or an employee of the physician or provider, of the principal; (2) not the owner or operator, or employee of the owner or operator, of a medical facility in which the principal is a patient or resident; and (3) not a person appointed as an attorney-in-fact by the attached advance directive for psychiatric care.

 


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(3) not a person appointed as an attorney-in-fact by the attached advance directive for psychiatric care. I further certify that I am satisfied as to the genuineness and due execution of the instrument.

       This is the.......... day of....................,...........

                                                                  

       Notary Public

My Commission expires: ...........................

      Sec. 10. An advance directive for psychiatric care becomes operative when it is communicated to a physician or any other provider of health care and the principal is determined by two providers of health care, one of whom must be the attending physician or a licensed psychologist and the other of whom must be a physician, a physician assistant, a licensed psychologist, a psychiatrist or an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120, to be no longer able to make or communicate decisions regarding the provision of psychiatric care. If the principal is determined to be no longer able to make or communicate decisions regarding the provision of psychiatric care and subsequently the principal’s attending physician or an advance practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 and has an established relationship with the principal determines that the principal has regained the ability to make or communicate decisions regarding the provision of psychiatric care, the advance directive is no longer operative. When the advance directive is operative, a physician and any other provider of health care shall act in accordance with the provisions of the advance directive and with the instructions of a person designated pursuant to section 8 of this act, or comply with the requirements of section 15 of this act to transfer the care of the principal.

      Sec. 11.  Sections 2 to 17, inclusive, of this act create no presumption concerning the intention of a person who has revoked or has not executed an advance directive for psychiatric care.

      Sec. 12. Upon being presented with an advance directive for psychiatric care, an attending physician or other provider of health care shall make the advance directive a part of the principal’s medical record.

      Sec. 13. 1.  A principal may revoke an advance directive for psychiatric care at any time and in any manner, as long as the principal is capable of making such a decision. The principal may exercise this right of revocation in any manner by which the principal is able to communicate an intent to revoke and by notifying the attending physician or other provider of health care of the revocation.

      2.  The attending physician or other provider of health care shall make the revocation part of the principal’s medical record.

      Sec. 14. 1.  When acting under the authority of an advance directive for psychiatric care, an attending physician or other provider of health care shall comply with the advance directive unless:

      (a) Compliance, in the opinion of the attending physician or other provider, is not consistent with generally accepted standards of care for the provision of psychiatric care for the benefit of the principal;

      (b) Compliance is not consistent with the availability of psychiatric care requested;

      (c) Compliance is not consistent with applicable law;

 


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      (d) The principal is admitted to a mental health facility or hospital pursuant to NRS 433A.145 to 433A.330, inclusive, and a course of treatment is required pursuant to those provisions; or

      (e) Compliance, in the opinion of the attending physician or other provider, is not consistent with appropriate psychiatric care in case of an emergency endangering the life or health of the principal or another person.

      2.  In the event that one part of the advance directive is unable to be followed because of any of the circumstances set forth in subsection 1, all other parts of the advance directive must be followed.

      Sec. 15. A physician or other provider of health care who is unable to comply with sections 2 to 17, inclusive, of this act shall take all reasonable steps as promptly as practicable to transfer the psychiatric care of the principal to another physician or provider of health care.

      Sec. 16. 1.  If two providers of health care, one of whom is a physician or a licensed psychologist and the other of whom is a physician, a physician assistant, a licensed psychologist, a psychiatrist or an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120, determine that a person is incapable of consenting or refusing to consent to psychiatric care, a physician or other provider of health care treating the person must make a reasonable inquiry as to whether the person has executed an advance directive for psychiatric care.

      2.  A physician or other provider of health care acting in accord with reasonable medical standards is not subject to civil or criminal liability, or discipline for unprofessional conduct, for:

      (a) Complying with a direction given or a decision made by a person that the physician or other provider believes, in good faith, has authority to act as an agent for a principal concerning decisions relating to psychiatric care;

      (b) Refusing to comply with a direction given or a decision made by a person based on a good faith belief that the person lacks the authority to act as an agency for a principal concerning decisions relating to psychiatric care;

      (c) Giving effect to an advance directive for psychiatric care that the physician or other provider assumed was valid;

      (d) Disclosing information concerning psychiatric care to another person based on a good faith belief that such disclosure was either authorized or required;

      (e) Refusing to comply with a direction given or a decision made by a person because of conflicts with the physician’s or other provider’s contractual network or payment policy restrictions;

      (f) Refusing to comply with a direction given or a decision made by a person if such direction or decision violates accepted medical or clinical standards of care;

      (g) Making a determination that causes an advance directive to become effective; or

      (h) Failing to determine that a person lacks sufficient understanding or capacity to make or communicate decisions regarding psychiatric care, thereby preventing an advance directive from becoming effective.

      3.  A physician or other provider of health care whose action pursuant to sections 2 to 17, inclusive, of this act is in accord with reasonable medical standards is not subject to civil or criminal liability, or discipline for unprofessional conduct, with respect to that action.

 


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medical standards is not subject to civil or criminal liability, or discipline for unprofessional conduct, with respect to that action.

      4.  A person designated in an advance directive for psychiatric care pursuant to section 8 of this act whose decision is made in good faith pursuant to sections 2 to 17, inclusive, of this act is not subject to civil or criminal liability, or discipline for unprofessional conduct, with respect to that decision.

      Sec. 17. 1.  An advance directive for psychiatric care executed in another state in compliance with the law of that state or of this State is valid for purposes of sections 2 to 17, inclusive, of this act.

      2.  An instrument executed anywhere before the effective date of this act which clearly expresses the intent of the person executing the instrument to direct the provision of psychiatric care for the person when the person is otherwise rendered incapable of communicating with his or her attending physician, if executed in a manner which attests voluntary execution and has not been subsequently revoked, is effective under sections 2 to 17, inclusive, of this act.

      3.  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.  An advance directive for psychiatric care as set forth in sections 2 to 17, inclusive, of this act;

      4.  A do-not-resuscitate order as defined in NRS 450B.420; and

      [4.]5.  A Physician Order for Life-Sustaining Treatment form as defined in NRS 449.693.

      Sec. 19. 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) Section 16 of this act, if the advance directive is an advance directive for psychiatric care executed pursuant to sections 2 to 17, inclusive, of this act;

      (c) NRS 449.691 to 449.697, inclusive, if the advance directive is a Physician Order for Life-Sustaining Treatment form; or

 

 


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      [(c)](d) NRS 450B.540, if the advance directive is a do-not-resuscitate order as defined in NRS 450B.420.

      Sec. 20.  This act becomes effective upon passage and approval.

________

CHAPTER 155, SB 123

Senate Bill No. 123–Senator Ratti

 

CHAPTER 155

 

[Approved: May 26, 2017]

 

AN ACT relating to long-term care; revising provisions governing the State Long-Term Care Ombudsman; revising the authority of the Ombudsman to review and recommend changes to certain governmental policies relating to facilities for long-term care; revising provisions governing the appointment of advocates and the creation of a volunteer advocacy program; revising provisions relating to certain inspections of long-term care facilities by the Ombudsman; revising provisions concerning the reporting of the abuse, neglect, exploitation, isolation or abandonment of an older person; repealing certain provisions governing the investigation of certain complaints; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Administrator of the Aging and Disability Services Division of the Department of Health and Human Services to appoint the State Long-Term Care Ombudsman to advocate for the protection of the health, safety, welfare and rights of residents of facilities for long-term care. (NRS 427A.125) Existing law defines “resident” as a person who is 60 years of age or older. (NRS 427A.0295) Section 1 of this bill revises the definition of “resident” to mean any resident of a facility for long-term care and thus enables the Ombudsman to advocate for any resident of a long-term care facility.

      Existing law requires the Ombudsman, under the direction of the Administrator, to review, recommend and provide advice concerning governmental policies which affect long-term care facilities. (NRS 427A.145) Section 1.5 of this bill revises this provision to authorize the Ombudsman to independently analyze, monitor and provide recommendations for changes to federal, state and local governmental actions and policies relating to facilities for long-term care.

      Existing law authorizes the Administrator to appoint one or more advocates to assist the Ombudsman. Existing law further authorizes the Administrator to: (1) create a volunteer advocacy program within the Division to be administered by the Ombudsman under the direction of the Administrator; and (2) appoint volunteer advocates. (NRS 427A.127) Existing federal regulations require the Ombudsman to determine the designation of representatives of the Office of the Ombudsman. (45 C.F.R. § 1324.13(c)) Section 2 of this bill transfers to the Ombudsman the authority to: (1) appoint advocates; and (2) create and administer a volunteer advocacy program.

      Existing law authorizes the Ombudsman and his or her advocates to inspect the records of a facility for long-term care. Under certain circumstances, the Ombudsman is required to obtain the informed consent of the resident or his or her guardian or representative before inspecting certain records relating to the resident. (NRS 427A.145) Section 3 of this bill requires the Ombudsman and his or her advocates to comply with certain federal regulations relating to consent before inspecting the medical and personal financial records of the resident.

 


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medical and personal financial records of the resident. Section 3 further provides that, in accordance with federal regulations, informed consent may be obtained orally, visually, in writing or through the use of auxiliary aids.

      Existing law requires certain professionals, including any employee of the Department of Health and Human Services, who know or have reasonable cause to believe that an older person has been abused, neglected, exploited, isolated or abandoned to report, in certain circumstances, such abuse, neglect, exploitation, isolation or abandonment to: (1) the local office of the Aging and Disability Services Division of the Department; (2) a police department or sheriff’s office; or (3) a toll-free telephone service designated by the Aging and Disability Services Division. (NRS 200.5093) Existing federal regulations require the Ombudsman and certain representatives of the Ombudsman to be exempted from this reporting requirement. (45 C.F.R. § 1324.11(e)(3)(iv)) Section 4 of this bill exempts the Ombudsman and his or her advocates and volunteers from the requirement to report the abuse, neglect, exploitation, isolation or abandonment of an older person when federal regulations require the Ombudsman and his or her advocates and volunteers to be exempted from that requirement.

      Existing law authorizes the Administrator of the Division to direct the Ombudsman or his or her advocate to investigate a complaint involving a person who is less than 60 years of age. Section 5 of this bill repeals this provision as section 1 revises the definition of “resident” to include any person who resides in a facility for long-term care.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 427A.0295 is hereby amended to read as follows:

      427A.0295  “Resident” means a person who [is 60 years of age or older.] resides in a facility for long-term care.

      Sec. 1.5. NRS 427A.125 is hereby amended to read as follows:

      427A.125  1.  The Office of the State Long-Term Care Ombudsman is hereby created within the Division.

      2.  The Administrator shall appoint the State Long-Term Care Ombudsman to advocate for the protection of the health, safety, welfare and rights of residents of facilities for long-term care. The Ombudsman is in the classified service of the State. The Ombudsman shall, under direction of the Administrator:

      (a) Train advocates to:

             (1) Receive, investigate and attempt to resolve complaints made by or on behalf of residents of facilities for long-term care.

             (2) Investigate acts, practices, policies or procedures of any facility for long-term care or any governmental agency which relates to such care and may adversely affect the health, safety, welfare or civil rights of residents of such facilities, and report the results of the investigations to the Ombudsman and the Administrator.

             (3) Record and analyze information and complaints about facilities for long-term care to identify problems affecting their residents.

             (4) Provide for the support and development of resident and family councils to protect the well-being and rights of residents of facilities for long-term care.

             (5) Assist facilities for long-term care to provide services to residents in the manner set forth in paragraph (b).

 


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      (b) Develop a course of training to be made available to officers, directors and employees of a facility for long-term care to encourage such facilities to provide services to their residents in a manner that allows the residents to follow their own routine and make their own decisions concerning the daily activities in which to participate. The course must also provide information concerning how to provide services in that manner.

      (c) Coordinate services within the Department which may affect residents and prospective residents of facilities for long-term care to ensure that such services are made available to eligible persons.

      (d) [Recommend and review policies, legislation and regulations, both in effect and proposed, which affect facilities for long-term care.

      (e) Upon request, advise and assist the Governor, the Legislature and public and private groups in formulating and putting into effect policies which affect facilities for long-term care and their residents.

      (f)] Provide information to interested persons and to the general public concerning the functions and activities of the Ombudsman.

      [(g)](e) Report annually to the Administrator.

      3.  The Ombudsman may:

      (a) Analyze, provide comment on and monitor the development and implementation of any federal, state or local governmental action, activity or program that relate to the protection of the health, safety, welfare and rights of residents of facilities for long-term care; and

      (b) Recommend changes to any federal, state or local governmental action, activity or program described in paragraph (a) without the prior approval of the Administrator.

      Sec. 2. NRS 427A.127 is hereby amended to read as follows:

      427A.127  1.  The [Administrator] Ombudsman may appoint one or more advocates to assist the Ombudsman who are within the Division and in the classified service of the State. Each advocate shall perform his or her duties at the direction of the Ombudsman.

      2.  The [Administrator] Ombudsman may:

      (a) Create a volunteer advocacy program within the [Division] Office of the Ombudsman to be administered by the Ombudsman ; [under the direction of the Administrator;] and

      (b) Appoint volunteer advocates who may act as representatives of the Ombudsman.

      Sec. 3. NRS 427A.145 is hereby amended to read as follows:

      427A.145  In conducting an investigation, the Ombudsman or an advocate may:

      1.  Inspect any facility for long-term care and any records maintained by the facility. Except as otherwise provided in this subsection, the medical and personal financial records may be inspected only with the informed consent of the resident, the legal guardian of the resident or the person or persons designated as responsible for decisions regarding the resident. Such consent must be obtained in accordance with the provisions of 45 C.F.R. § 1324.11(e)(2) and may be obtained orally, visually, in writing or through the use of auxiliary aids and services, as long as such consent is documented by the Ombudsman or the advocate. If [the resident is unable to consent to the inspection and has no legal guardian,] the provisions of 45 C.F.R. § 1324.11(e)(2) authorize records to be inspected without the consent of the resident, the legal guardian of the resident or the person or persons designated as responsible for decisions regarding the resident, the inspection may be conducted without consent.

 


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      2.  Interview:

      (a) Officers, directors and employees of any facility for long-term care, including any licensed provider of health care as defined in NRS 629.031, who renders services to the facility or its residents.

      (b) Any resident of the facility and the legal guardian of the resident, if any, and the family of the resident or the person or persons designated as responsible for decisions regarding his or her care if the resident consents to the interview.

      3.  Obtain such assistance and information from any agency of the State or its political subdivisions as is necessary properly to perform the investigation.

      Sec. 4. NRS 200.5093 is hereby amended to read as follows:

      200.5093  1.  Any person who is described in subsection 4 and who, in a professional or occupational capacity, knows or has reasonable cause to believe that an older person has been abused, neglected, exploited, isolated or abandoned shall:

      (a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation, isolation or abandonment of the older person to:

             (1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;

             (2) A police department or sheriff’s office; or

             (3) A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person has been abused, neglected, exploited, isolated or abandoned.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation, isolation or abandonment of the older person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.

      3.  Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes.

      4.  A report must be made pursuant to subsection 1 by the following persons:

      (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, music therapist, athletic trainer, driver of an ambulance, paramedic, licensed dietitian or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person who appears to have been abused, neglected, exploited, isolated or abandoned.

 


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      (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation, isolation or abandonment of an older person by a member of the staff of the hospital.

      (c) A coroner.

      (d) Every person who maintains or is employed by an agency to provide personal care services in the home.

      (e) Every person who maintains or is employed by an agency to provide nursing in the home.

      (f) Every person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 449.4304.

      (g) Any employee of the Department of Health and Human Services [.] , except the State Long-Term Care Ombudsman appointed pursuant to NRS 427A.125 and any of his or her advocates or volunteers where prohibited from making such a report pursuant to 45 C.F.R. § 1321.11.

      (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

      (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation, isolation or abandonment of an older person and refers them to persons and agencies where their requests and needs can be met.

      (k) Every social worker.

      (l) Any person who owns or is employed by a funeral home or mortuary.

      (m) Every person who operates or is employed by a peer support recovery organization, as defined in NRS 449.01563.

      (n) Every person who operates or is employed by a community health worker pool, as defined in NRS 449.0028, or with whom a community health worker pool contracts to provide the services of a community health worker, as defined in NRS 449.0027.

      5.  A report may be made by any other person.

      6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person has died as a result of abuse, neglect, isolation or abandonment, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney, the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes his or her written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

      7.  A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging and Disability Services Division of the Department of Health and Human Services, must be forwarded within 30 days after the completion of the report to the:

 


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      (a) Aging and Disability Services Division;

      (b) Repository for Information Concerning Crimes Against Older Persons created by NRS 179A.450; and

      (c) Unit for the Investigation and Prosecution of Crimes.

      8.  If the investigation of a report results in the belief that an older person is abused, neglected, exploited, isolated or abandoned, the Aging and Disability Services Division of the Department of Health and Human Services or the county’s office for protective services may provide protective services to the older person if the older person is able and willing to accept them.

      9.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

      10.  As used in this section, “Unit for the Investigation and Prosecution of Crimes” means the Unit for the Investigation and Prosecution of Crimes Against Older Persons in the Office of the Attorney General created pursuant to NRS 228.265.

      Sec. 5. NRS 427A.136 is hereby repealed.

      Sec. 6.  This act becomes effective on July 1, 2017.

________

CHAPTER 156, SB 51

Senate Bill No. 51–Committee on Natural Resources

 

CHAPTER 156

 

[Approved: May 26, 2017]

 

AN ACT relating to water; revising provisions relating to the adjudication of certain water rights; revising requirements relating to the notice of a pending determination of certain water rights; revising requirements for hydrological surveys and maps prepared by the State Engineer; revising provisions relating to a proof of appropriation; revising the time period in which a person may intervene in a determination of certain water rights; authorizing the State Engineer to make certain documents related to a determination of water rights available on the Internet; revising provisions relating to objections to certain orders of the State Engineer; requiring certain persons to pay certain costs for a hearing on objections; authorizing a district court to require parties to file a revised map under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the State Engineer is required, under certain circumstances, to determine the relative rights of various claimants to a stream or stream system in order of the importance of the stream for irrigation. (NRS 533.090) Section 1 of this bill removes the requirement for the State Engineer to make these determinations in order of the importance of the stream for irrigation.

      Existing law provides that notice that the State Engineer will begin taking proofs of appropriation to determine the relative rights of various claimants to a stream or stream system is not required until after the State Engineer gathers certain information and has certain surveys and maps prepared. (NRS 533.110) Section 2 of this bill requires instead that the notice of when the State Engineer will begin taking proofs of appropriation must be given as soon as practicable after the State Engineer grants the petition or makes his or her own order. Sections 17 and 19 of this bill make conforming changes.

 


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      Sections 3 and 4 of this bill revise the requirements relating to the hydrological surveys executed and maps prepared by the State Engineer for the determination of the water rights in a stream. Section 3 provides that the State Engineer is required to execute the surveys or prepare the maps only if necessary. Section 4 eliminates a requirement that the costs for the surveys and maps be assessed and collected from the claimants of the water rights in proportionate shares.

      Section 5 of this bill provides specifications for the information and documents which must accompany a proof of appropriation. Section 7 of this bill provides that any proof of appropriation or accompanying map which is found to be defective must be returned to the claimant with an explanation of why the proof or map is defective. A corrected proof or map must be refiled with the State Engineer within 60 days.

      Under existing law, any person who does not receive notice of the pendency of the proceedings and who has no actual knowledge may file a petition to intervene at any time prior to 6 months after the entry of the determinations of the State Engineer. (NRS 533.130) Section 8 of this bill revises the time in which a person may intervene to any time prior to the certification of the order of determination.

      Existing law requires the State Engineer, after receiving the proofs of appropriation, to prepare a preliminary order of determination regarding the rights of claimants to the water and to deliver a copy of the preliminary order to each person who has filed a proof of appropriation. (NRS 533.140) Section 10 of this bill authorizes the State Engineer to make a copy of the preliminary order available on the Internet in lieu of sending a copy to each claimant.

      Under existing law, any person claiming any interest in the water may file an objection to the preliminary order and the State Engineer must hold a hearing on the objections not less than 30 days or more than 60 days after the date notice is served on persons who are or may be affected by the objections. (NRS 533.145, 533.150) Section 12 of this bill removes the required time by which the State Engineer must hold a hearing on the objections. Section 13 of this bill requires all testimony taken at a hearing on objections to be transcribed by a certified court reporter and requires the original and one copy of the transcript to be filed with the State Engineer. Section 13 also requires the claimants objecting to the preliminary order to pay the fees and expenses of the court reporter.

      As soon as practicable after the hearing on objections to the preliminary order, existing law requires the State Engineer to: (1) enter an order of determination; (2) file a certified copy of the order of determination with the court; (3) procure an order from the court setting a time for a hearing on the order of determination; and (4) publish a copy of the order of the court in a newspaper of general circulation published in each county in which the stream system or any part of the stream system is located. (NRS 533.160, 533.165) Section 14 of this bill authorizes the State Engineer to make a copy of the order of determination available on the Internet in lieu of sending a copy to each claimant. Section 15 of this bill requires the State Engineer to publish the order of the court in a newspaper of general circulation that is available in print in each county, instead of a newspaper of general circulation published in each county.

      Under existing law, any party aggrieved or dissatisfied with the State Engineer’s order of determination may file with the clerk of the district court a notice of exception to the order and, after a hearing on the order of determination, the district court must enter a decree affirming or modifying the order. (NRS 533.170, 533.185) Section 16 of this bill authorizes the district court to require, under certain circumstances, that a revised map which accurately reflects the decree and conforms with the rules and regulations of the State Engineer be prepared and filed with the district court and the State Engineer.

      Existing law requires the State Engineer to prepare an annual budget of the money estimated to be necessary to pay the expenses of each stream system or water district. (NRS 533.280) Section 18 of this bill provides instead that the State Engineer prepare an annual budget of the money estimated to be necessary to pay the expenses of administering each stream system or water district.

 


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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 533.090 is hereby amended to read as follows:

      533.090  1.  Upon a petition to the State Engineer, signed by one or more water users of any stream or stream system, requesting the determination of the relative rights of the various claimants to the waters thereof, the State Engineer shall, if upon investigation the State Engineer finds the facts and conditions justify it, enter an order granting the petition and shall make proper arrangements to proceed with such determination.

      2.  The State Engineer shall, in the absence of such a petition requesting a determination of relative rights, enter an order for the determination of the relative rights to the use of water of any stream selected by the State Engineer . [, commencing on the streams in the order of their importance for irrigation.] As soon as practicable after the order is made and entered, the State Engineer shall proceed with such determination as provided in this chapter.

      3.  A water user upon or from any stream or body of water shall be held and deemed to be a water user upon the stream system of which such stream or body of water is a part or tributary.

      Sec. 2. NRS 533.095 is hereby amended to read as follows:

      533.095  1.  As soon as practicable after the State Engineer [shall make and enter the] enters an order granting the petition or selecting the streams upon which the determination of rights is to begin, the State Engineer shall prepare a notice setting forth the fact of the entry of the order and of the pendency of the proceedings.

      2.  The notice shall [:] set forth:

      (a) [Name a date when the State Engineer or the State Engineer’s assistants shall begin the examination.

      (b) Set forth that] That all claimants to rights in the waters of the stream system are required, as provided in this chapter, to make proof of their claims [.] ;

      (b) The date on which the State Engineer will commence taking proofs of appropriation regarding the rights in and to the waters of the stream system;

      (c) The date by which all proofs of appropriation must be filed; and

      (d) That all proofs of appropriation must be accompanied by maps prepared in accordance with and depicting any information required pursuant to NRS 533.100 and 533.115.

      3.  The notice shall be published for a period of 4 consecutive weeks in one or more newspapers of general circulation within the boundaries of the stream system.

      4.  At or near the time of the first publication of the notice, the State Engineer shall send by mail to each person, or deliver to each person, in person, hereinafter designated as claimant, claiming rights in or to the waters of the stream system, insofar as such claimants can be reasonably ascertained, a notice equivalent in terms to the published notice setting forth the date when the State Engineer will commence the taking of proofs, and the date prior to which proofs must be filed with the State Engineer. The notice must be mailed at least 30 days prior to the date fixed for the commencement of the taking of proofs.

 


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ê2017 Statutes of Nevada, Page 707 (Chapter 156, SB 51)ê

 

commencement of the taking of proofs. The date set prior to which the proofs must be filed shall not be less than 60 days from the date set for the commencement of taking proofs. The notice shall be deemed to be an order of the State Engineer as to its contents.

      Sec. 3. NRS 533.100 is hereby amended to read as follows:

      533.100  1.  [At the time set in the notice, the] The State Engineer shall begin an investigation of the flow of the stream and of the ditches diverting water, and of the lands irrigated therefrom, and shall gather such other data and information as may be essential to the proper determination of the water rights in the stream.

      2.  The State Engineer shall:

      (a) Reduce his or her observations and measurements to writing.

      (b) [Execute] If necessary, execute surveys or cause them to be executed.

      (c) [Prepare,] If necessary, prepare, or cause to be prepared, maps from the observations of such surveys in accordance with such uniform rules and regulations as the State Engineer may adopt.

      3.  The surveys and maps shall show with substantial accuracy:

      (a) The course of the stream.

      (b) The location of each ditch or canal diverting water therefrom, together with the point of diversion thereof.

      (c) The area and outline of each parcel of land upon which the water of the stream has been employed for the irrigation of crops or pasture.

      (d) The kind of culture upon each of the parcels of land.

      4.  The map shall be prepared as the surveys and observations progress, and, when completed, shall be filed and made of record in the Office of the State Engineer. Such map for original filing in the Office of the State Engineer shall , in addition to complying with any other applicable rule or regulation of the State Engineer, be on [tracing linen,] mylar, on a scale of not less than 1,000 feet to the inch.

      Sec. 4. NRS 533.105 is hereby amended to read as follows:

      533.105  [1.]  If satisfactory data are available from the measurements and areas compiled by the United States Geological Survey or other persons, the State Engineer may dispense with the execution of such surveys and the preparation of such maps and stream measurements, except insofar as is necessary to prepare them to conform with the rules and regulations, as provided in NRS 533.100.

      [2.  If the surveys are executed and maps are prepared and filed with the State Engineer at the instance of the person claiming a right to the use of water, the proportionate cost thereof, as determined by the State Engineer, to be assessed and collected for the adjudication of the relative rights, as provided in this chapter, shall be remitted to the claimant after the completion of the determination; but the map must conform with the rules and regulations of the State Engineer and shall be accepted only after the State Engineer is satisfied that the data shown thereon are substantially correct. Such measurements, maps and determinations shall be exhibited for inspection at the time of taking proofs and during the period during which such proofs and evidence are kept open for inspection in accordance with the provisions of this chapter.]

      Sec. 5. NRS 533.115 is hereby amended to read as follows:

      533.115  1.  The State Engineer shall, in addition, enclose with the notice to be mailed as provided in NRS [533.110,] 533.095, blank forms upon which the claimant shall present in writing all particulars necessary for the determination of the claimant’s right in or to the waters of the stream system .

 


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upon which the claimant shall present in writing all particulars necessary for the determination of the claimant’s right in or to the waters of the stream system . [, the statement to] The form for a proof of appropriation must include the following:

      [1.](a) The name and [post office] mailing address of the claimant.

      [2.](b) The nature of the right or use on which the claim for appropriation is based.

      [3.](c) The time of the initiation of such right , the priority date claimed and a description of the place of diversion and works of diversion and distribution.

      [4.](d) The date of beginning of construction.

      [5.](e) The date when completed.

      [6.](f) The dates of beginning and completion of enlargements.

      [7.](g) The dimensions of the ditch as originally constructed and as enlarged.

      [8.](h) The date when water was first used for irrigation or other beneficial purposes . [and, if]

      (i) If the water was used for irrigation, the [amount of land reclaimed] number of acres irrigated the first year, the [amount] number of acres irrigated in subsequent years, [with] the dates of [reclamation, and] irrigation, the area and location of the lands which [are intended to be] were irrigated [.

      9.  The] , the character of the soil and the kind of crops cultivated, the rate of diversion and the number of acre-feet of water per annum required to irrigate the land . [, and such]

      (j) If the water was used for a beneficial purpose other than irrigation, the rate of diversion and the number of acre-feet of water used annually.

      (k) If the water was used for watering livestock, the number and type of livestock.

      (l) Any other facts as will show the extent and nature of the right and compliance with the law in acquiring the same, as may be required by the State Engineer.

      2.  A claimant must submit a separate proof of appropriation for each source of water of the stream system in which or to which the claimant claims a right.

      3.  The proof of appropriation submitted by the claimant must be accompanied by a map prepared, except as otherwise provided in subsection 4, in accordance with and depicting any information required pursuant to the requirements of subsections 3 and 4 of NRS 533.100.

      4.  If the map submitted with a proof of appropriation is prepared for water used for watering livestock, the map must be on a scale of not less than 1:24,000 or a map prepared by the United States Geological Survey covering a quadrangle of 7 1/2 minutes of latitude and longitude, and further identifying the location or extent of the livestock use by one-sixteenth sections within a numbered section, township and range.

      Sec. 6. NRS 533.120 is hereby amended to read as follows:

      533.120  1.  Each claimant shall be required to certify to his or her statement under oath. [The State Engineer and the State Engineer’s assistants authorized to take proofs are hereby authorized to administer such oaths.]

      2.  [Oaths shall be administered and blank] Blank forms must be furnished by the State Engineer [and the State Engineer’s assistants] without charge.

 


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ê2017 Statutes of Nevada, Page 709 (Chapter 156, SB 51)ê

 

      Sec. 7. NRS 533.125 is hereby amended to read as follows:

      533.125  1.  The State Engineer shall commence the taking of proofs on the date fixed and named in the notice provided for in NRS [533.110] 533.095 for the commencement of the taking of proofs. The State Engineer shall proceed therewith during the period fixed by the State Engineer and named in the notice, after which no proofs shall be received by or filed by the State Engineer. The State Engineer may, in his or her discretion, for cause shown, extend the time in which proofs may be filed.

      2.  Upon neglect or refusal of any person to make proof of his or her claim or rights in or to the waters of such stream system, as required by this chapter, prior to the expiration of the period fixed by the State Engineer during which proofs may be filed, the State Engineer shall determine the right of such person from such evidence as the State Engineer may obtain or may have on file in the Office of the State Engineer in the way of maps, plats, surveys and transcripts, and exceptions to such determination may be filed in court, as provided in this chapter.

      3.  If a proof of appropriation or a supporting map is found to be defective, it shall be returned with a statement explaining why the proof or map was found to be defective. The date of the return must be marked on the proof or map and a record of the return made in the Office of the State Engineer.

      4.  A person may file a corrected proof of appropriation or supporting map with the Office of the State Engineer within 60 days after the date of return marked on the proof or map. A defective proof of appropriation or supporting map that is not properly corrected and refiled within 60 days must be rejected. Upon application for an extension of time within the 60-day period, the State Engineer may, in his or her discretion, grant an extension of time not to exceed 60 days in which the person may file the corrected proof of appropriation or supporting map.

      Sec. 8. NRS 533.130 is hereby amended to read as follows:

      533.130  1.  Any person interested in the water of any stream upon whom no service of notice shall have been had of the pendency of proceedings for the determination of the relative rights to the use of water of such stream system, and who shall have no actual knowledge or notice of the pendency of the proceedings, may, at any time prior to the expiration of 6 months after the entry of the determinations of the State Engineer, file a petition to intervene in the proceedings.

      2.  Such petition shall be under oath and shall contain, among other things:

      (a) All matters required by this chapter of claimants who have been duly served with notice of the proceedings; and

      (b) A statement that the intervener had no actual knowledge of notice of the pendency of the proceedings.

      3.  Upon the filing of the petition in intervention granted by the State Engineer, the petitioner shall be allowed to intervene upon such terms as may be equitable, and thereafter shall have all rights [vouchsafed] provided by this chapter to claimants who have been duly served.

      Sec. 9. NRS 533.135 is hereby amended to read as follows:

      533.135  1.  At the time of submission of proofs of appropriation, [where] the [necessary maps are prepared by the State Engineer, the fee collected from any claimants must be the actual cost of the survey and the preparation of maps.

 


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ê2017 Statutes of Nevada, Page 710 (Chapter 156, SB 51)ê

 

      2.  The] State Engineer shall collect a fee of $60 for a proof of water used for watering livestock [or wildlife] purposes. The State Engineer shall collect a fee of $120 for any other character of claim to water.

      [3.]2.  All fees collected as provided in this section must be accounted for in detail and deposited with the State Treasurer into the Water Distribution Revolving Account created pursuant to NRS 532.210.

      Sec. 10. NRS 533.140 is hereby amended to read as follows:

      533.140  1.  As soon as practicable after the expiration of the period fixed in which proofs of appropriation may be filed, the State Engineer shall assemble all proofs which have been filed with the State Engineer, and prepare, certify and have printed an abstract of all such proofs [.] of appropriation. The State Engineer shall also prepare from the proofs of appropriation and evidence taken or given before the State Engineer, or obtained by the State Engineer, a preliminary order of determination establishing the several rights of claimants to the waters of the stream.

      2.  [When] Except as otherwise provided in subsection 3, when the abstract of proofs of appropriation and the preliminary order of determination [is] are completed [, the] :

      (a) The State Engineer shall then prepare a notice fixing and setting a time and place when and where the evidence taken by or filed with the State Engineer and the proofs of claims must be open to the inspection of all interested persons, the period of inspection to be not less than 20 days. The notice shall be deemed an order of the State Engineer as to the matters contained therein.

      [3.](b) A copy of the notice, together with a printed copy of the preliminary order of determination and [a printed copy of] the abstract of proofs [,] of appropriation, must be delivered by the State Engineer, or sent by registered or certified mail, at least 30 days before the first day of such period of inspection, to each person who has appeared and filed a proof [,] of appropriation, as provided in this section.

      [4.](c) The State Engineer shall be present at the time and place designated in the notice and allow, during that period, any [persons interested to inspect such evidence and proof as have been filed with or taken by the State Engineer in accordance with this chapter.] persons interested to inspect such evidence and proofs of appropriation as have been filed with or taken by the State Engineer in accordance with this chapter.

      3.  In lieu of sending or serving a copy of the preliminary order of determination and the abstract of proofs of appropriation pursuant to subsection 2, the State Engineer may:

      (a) Make available a copy of the preliminary order of determination and the abstract of proofs of appropriation on the Internet website of the Office of the State Engineer; and

      (b) Send by registered or certified mail or deliver in person to each person who has filed a proof of appropriation notice that the preliminary order of determination and the abstract of proofs of appropriation are available on the Internet website of the Office of the State Engineer.

      Sec. 11. (Deleted by amendment.)

      Sec. 12. NRS 533.150 is hereby amended to read as follows:

      533.150  1.  [The] Unless the claimant waives the requirement for a hearing, the State Engineer shall fix a time and place for the hearing of objections . [, which date must not be less than 30 days nor more than 60 days after the date the notice is served on the persons who are, or may be, affected thereby.

 


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ê2017 Statutes of Nevada, Page 711 (Chapter 156, SB 51)ê

 

affected thereby. The notice] Notice of the hearing may be sent by registered or certified mail to the persons to be affected by the objections, and the receipt therefor constitutes legal and valid proof of service. The notice may also be served by the State Engineer, or by any person, appointed by the State Engineer, qualified and competent to serve a summons in civil actions. Return thereof must be made in the same manner as in civil actions in the district courts of this state.

      2.  The State Engineer may adjourn hearings from time to time upon reasonable notice to all parties interested. Depositions may be taken by any person authorized to administer oaths and designated by the State Engineer or the parties in interest, and oral testimony may be introduced in all hearings.

      3.  Witnesses are entitled to receive fees as in civil cases, to be paid by the party calling those witnesses.

      4.  The evidence in the proceedings must be confined to the subjects enumerated in the objections and the preliminary order of determination.

      5.  All testimony taken at the hearings must be reported and transcribed in its entirety.

      Sec. 13. NRS 533.155 is hereby amended to read as follows:

      533.155  [The] All testimony taken at the hearings must be reported and transcribed by a certified court reporter. The original and one copy of the transcript of the proceedings must be filed with the State Engineer . [shall require daily from each party while engaged in taking evidence on objections a deposit sufficient to pay the cost of reporting and transcribing testimony and to pay any necessary transportation and subsistence expenses of the reporter.] The claimants objecting to the preliminary order of determination shall pay, in equal portions, the fees for the appearance and travel expenses of the court reporter and for transcribing the portion of the hearing consisting of the comments of the State Engineer. Each such claimant shall pay a pro rata portion of the fees for the remaining portion of the hearing consisting of the case made by that claimant.

      Sec. 14. NRS 533.160 is hereby amended to read as follows:

      533.160  1.  As soon as practicable after the hearing of objections to the preliminary order of determination, the State Engineer shall make and cause to be entered of record in the Office of the State Engineer an order of determination, defining the several rights to the waters of the stream or stream system. The order of determination, when filed with the clerk of the district court as provided in NRS 533.165, has the legal effect of a complaint in a civil action.

      2.  The order of determination must be certified by the State Engineer . [, who shall have printed as many copies of the order of determination as required. A] Except as otherwise provided in subsection 3, a copy of the order of determination must be sent by registered or certified mail or delivered in person to each person who has filed proof of claim and to each person who has become interested through intervention or through filing of objections under the provisions of NRS 533.130 or 533.145.

      3.  In lieu of sending or delivering a copy of the order of determination pursuant to subsection 2, the State Engineer may:

      (a) Make available a copy of the order of determination on the Internet website of the Office of the State Engineer; and

      (b) Send by registered or certified mail or deliver in person to each person who has filed a proof of appropriation and to each person who has become interested through intervention notice that the order of determination is available on the Internet website of the Office of the State Engineer.

 


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become interested through intervention notice that the order of determination is available on the Internet website of the Office of the State Engineer.

      Sec. 15. NRS 533.165 is hereby amended to read as follows:

      533.165  1.  As soon as practicable thereafter, a certified copy of the order of determination, together with the copies of the original evidence and transcript of testimony filed with, or taken before, the State Engineer, duly certified by the State Engineer, shall be filed with the clerk of the county, as ex officio clerk of the district court, in which the stream system is situated, or, if in more than one county but all within one judicial district, then with the clerk of the county wherein reside the largest number of parties in interest.

      2.  If such stream system shall be in two or more judicial districts, then the State Engineer shall notify the district judge of each of such judicial districts of his or her intent to file such order of determination, whereupon, within 10 days after receipt of such notice, such judges shall confer and agree where the court proceedings under this chapter shall be held and upon the judge who shall preside, and on notification thereof the State Engineer shall file the order of determination, evidence and transcripts with the clerk of the court so designated.

      3.  If such district judges fail to notify the State Engineer of their agreement, as provided in subsection 2, within 5 days after the expiration of such 10 days, then the State Engineer may file such order of determination, evidence and transcript with the clerk of any county the State Engineer may elect, and the district judge of such county shall have jurisdiction over the proceedings in relation thereto.

      4.  If the judge so selected and acting shall retire from office, or be removed from office or be disqualified, for any cause, then the judge of the district court having jurisdiction of the proceedings shall act as the judge on the matter or shall select the judge to preside in such matter.

      5.  In all instances a certified copy of the order of determination shall be filed with the county clerk of each county in which such stream system, or any part thereof, is situated.

      6.  Upon the filing of the certified copy of the order, evidence and transcript with the clerk of the court in which the proceedings are to be had, the State Engineer shall procure an order from the court setting the time for hearing. The clerk of such court shall immediately furnish the State Engineer with a certified copy thereof. The State Engineer immediately thereupon shall mail a copy of such certified order of the court, by registered or certified mail, addressed to each party in interest at the party’s last known place of residence, and shall cause the same to be published at least once a week for 4 consecutive weeks in some newspaper of general circulation [published] that is available in general circulation in each county in which such stream system or any part thereof is located. The State Engineer shall file with the clerk of the court proof of such service by registered or certified mail and by publication. Such service by registered or certified mail and by publication shall be deemed full and sufficient notice to all parties in interest of the date and purpose of such hearing.

      Sec. 16. NRS 533.185 is hereby amended to read as follows:

      533.185  1.  After the hearing the court shall enter a decree affirming or modifying the order of the State Engineer.

 


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      2.  If the court enters a decree holding that the water right of a claimant is different than the right claimed in the proof of appropriation filed by the claimant or determined by the State Engineer in the order of determination, the court may require the claimant to prepare and file with the court and the Office of the State Engineer a revised map which conforms to the decree and the rules and regulations of the State Engineer.

      3.  Within 30 days after the entry of final judgment by the district court, or if an appeal is taken, within 30 days after the entry of the final judgment by the appellate court or within 30 days after the entry of the final judgment after remand, the clerk of the court issuing the final judgment shall:

      [1.](a) Deliver to the State Engineer a certified copy of the final judgment; and

      [2.](b) Cause a certified copy of the final judgment to be filed in the office of the county recorder in each county in which the water adjudicated is applied to beneficial use and in each county in which the water adjudicated is diverted from its natural source.

      Sec. 17. NRS 533.250 is hereby amended to read as follows:

      533.250  1.  Any and all maps, plats, surveys and evidence on file in the Office of the State Engineer relating to any proof of appropriation involved in the proceeding for the determination of the relative rights in and to the waters of any stream system, obtained or filed under the provisions of this chapter or any preceding act relating to the Office of State Engineer, shall be admissible in court and shall have the same force and effect as though obtained and submitted under the provisions of this chapter.

      2.  At least 90 days prior to the rendering of his or her order of determination of the relative rights in and to the waters of any stream system, the State Engineer shall notify all parties in interest of his or her intention to consider such maps, plats and evidence, and of his or her intention to submit the findings of the State Engineer to the court under the provisions of this chapter. [The notice shall be given in the manner prescribed in NRS 533.110.]

      3.  Within 60 days after such notice, any party in interest may file with the State Engineer any additional or supplementary maps, plats, surveys or evidence, or objections to the admissibility of any evidence hitherto presented and on file in the office of the State Engineer, in relation to his or her claim of water right or adverse to the claim or claims of the water right of any other party or parties in interest, in order so to perfect his or her claim in accordance with the provisions of this chapter, and the State Engineer shall consider the whole thereof in rendering such order of determination, and the same shall become a part of the record which shall be submitted to the court as provided by NRS 533.165 to 533.235, inclusive.

      Sec. 18. NRS 533.280 is hereby amended to read as follows:

      533.280  1.  The State Engineer shall, between the first Monday of October and the first Monday of December of each year, prepare a budget of the amount of money estimated to be necessary to pay the expenses of administering the stream system or each water district for the then current year.

      2.  The budget must show the following detail:

      (a) The aggregate amount estimated to be necessary to pay the expenses of administering the stream system or water district.

      (b) The aggregate water rights in the stream system or water district as determined by the State Engineer or the court.

 


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ê2017 Statutes of Nevada, Page 714 (Chapter 156, SB 51)ê

 

      (c) The unit charge necessary to provide the money required.

      (d) The charge against each water user, which must be based upon the proportion which the water right of that water user bears to the aggregate water rights in the stream system, but the minimum charge is $1.

      3.  When the stream system lies in more than one county, a separate budget must be prepared for each county showing only the claimants and charges assessable within the county.

      4.  When the stream system irrigates more than 200,000 acres of land, the assessment for water distribution expenses must not exceed 30 cents per acre-foot of water decreed.

      Sec. 19. NRS 533.110 is hereby repealed.

      Sec. 20.  This act becomes effective upon passage and approval.

________

CHAPTER 157, SB 75

Senate Bill No. 75–Committee on Natural Resources

 

CHAPTER 157

 

[Approved: May 26, 2017]

 

AN ACT relating to wildlife; revising provisions relating to the confidentiality of certain information obtained by the Department of Wildlife; revising provisions governing the preparation and dissemination of certain reports and statements concerning the Wildlife Trust Fund, upland game bird projects and certain energy development projects; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires that, with certain exceptions, all public books and public records of a governmental entity must be open at all times during office hours for inspection by any person and a copy or an abstract or memorandum may be prepared from those books and records. (NRS 239.010; Donrey v. Bradshaw, 106 Nev. 630 (1990)) Sections 1 and 6 of this bill specifically make confidential any information obtained by the Department of Wildlife or any agent of the Department if that information concerns a person who: (1) has requested assistance from the Department; or (2) has reported any information to the Department concerning any wildlife causing a nuisance or any potentially dangerous wildlife.

      Existing law requires: (1) the Department of Wildlife to establish the Wildlife Trust Fund; and (2) the Director of the Department or the Director’s designee to submit semiannually to the Interim Finance Committee and the Board of Wildlife Commissioners a report concerning the investment and expenditure of the money in the Fund. Existing law further requires the submission of a separate statement concerning the anticipated amount and proposed expenditures of the money in the Fund to the Chief of the Budget Division of the Office of Finance for budgetary purposes. (NRS 501.3585) Section 2 of this bill requires, in lieu of submission of semiannual reports to the specified recipients, that the Director of the Department or the Director’s designee post annually on the Internet website maintained by the Department a statement setting forth the investment and expenditure of the money in the Fund. Section 2 also changes the recipient of the budgetary statement concerning the Fund to the Director of the Office of Finance.

      Under existing law, the Department of Wildlife is required to submit a biennial report by the fifth calendar day of each regular session to the Legislature summarizing any projects undertaken and certain other information concerning the program for the sale of documentation to hunt any upland game bird, except turkey and crow.

 


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ê2017 Statutes of Nevada, Page 715 (Chapter 157, SB 75)ê

 

summarizing any projects undertaken and certain other information concerning the program for the sale of documentation to hunt any upland game bird, except turkey and crow. (NRS 502.298) In lieu of submitting this biennial report to the Legislature, section 4 of this bill requires the Department to post the report on the Internet website maintained by the Department by the revised deadline of February 1 of each odd-numbered year.

      Existing law requires the Department of Wildlife to compile and maintain detailed information concerning each energy development project in this State and to prepare a report setting forth that information. On or before January 1, the Department is required to submit the report to the Legislative Commission in even-numbered years and the Director of the Legislative Counsel Bureau in odd-numbered years for transmittal to the Legislature. (NRS 701.620) Section 7 of this bill specifies the period of coverage of the report as the immediately preceding 2 fiscal years. Section 7 also eliminates the requirement of an annual submission of the report to the specified recipients and instead requires the Department to post the report biennially on the Internet website maintained by the Department by the revised deadline of January 31 of each odd-numbered 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. Chapter 501 of NRS is hereby amended by adding thereto a new section to read as follows:

      Any information obtained by the Department or any agent of the Department concerning a person who has requested assistance from the Department or has reported any information to the Department concerning any wildlife causing a nuisance or any potentially dangerous wildlife is confidential.

      Sec. 2. NRS 501.3585 is hereby amended to read as follows:

      501.3585  1.  The Department shall establish the Wildlife Trust Fund. The Department may accept any gift, donation, bequest or devise from any private source for deposit in the Wildlife Trust Fund. Any money received is private money and not state money. All money must be accounted for in the Wildlife Trust Fund.

      2.  All of the money in the Wildlife Trust Fund must be deposited in a financial institution to draw interest or to be expended, invested and reinvested pursuant to the specific instructions of the donor, or if no such specific instructions exist, in the sound discretion of the Director. The provisions of NRS 356.011 apply to any accounts in financial institutions maintained pursuant to this section.

      3.  The money in the Wildlife Trust Fund must be budgeted and expended, within any limitations which may have been specified by particular donors, at the discretion of the Director. The Director may authorize independent contractors that may be funded in whole or in part from the money in the Wildlife Trust Fund.

      4.  The Director or the Director’s designee shall [submit semiannually to the Interim Finance Committee and the Commission a report concerning] annually post on the Internet website maintained by the Department a statement setting forth the investment and expenditure of the money in the Wildlife Trust Fund . [in such form and detail as the Interim Finance Committee determines is necessary.]

 


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ê2017 Statutes of Nevada, Page 716 (Chapter 157, SB 75)ê

 

      5.  A separate statement concerning the anticipated amount and proposed expenditures of the money in the Wildlife Trust Fund must be submitted to the [Chief] Director of the [Budget Division of the] Office of Finance for his or her information at the same time and for the same fiscal years as the requested budget of the Department submitted to the Chief of the Budget Division of the Office of Finance pursuant to NRS 353.210. The statement must be attached to the requested budget for the Department when the requested budget is submitted to the Fiscal Analysis Division of the Legislative Counsel Bureau pursuant to NRS 353.211.

      6.  The provisions of chapter 333 of NRS do not apply to the expenditure of money in the Wildlife Trust Fund.

      Sec. 3. (Deleted by amendment.)

      Sec. 4. NRS 502.298 is hereby amended to read as follows:

      502.298  The Department shall, not later than [the fifth calendar day of each regular session of the Legislature, submit to it] February 1 of each odd-numbered year, post on the Internet website maintained by the Department a report summarizing any projects undertaken and the receipt and expenditure of money and public benefits achieved by the program for the sale of documentation to hunt any upland game bird, except turkey and crow.

      Sec. 5. (Deleted by amendment.)

      Sec. 6. 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, 353.205, 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.

 


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ê2017 Statutes of Nevada, Page 717 (Chapter 157, SB 75)ê

 

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, 584.583, 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 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.

 


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ê2017 Statutes of Nevada, Page 718 (Chapter 157, SB 75)ê

 

      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. 7.  NRS 701.620 is hereby amended to read as follows:

      701.620  The Department of Wildlife shall:

      1.  Compile and maintain detailed information concerning each energy development project for which notice is filed pursuant to NRS 701.610. The information must include, without limitation:

      (a) The location of the energy development project;

      (b) A description of the energy development project;

      (c) The estimated energy output of the energy development project; and

      (d) The amount charged for the reimbursement of costs for the energy development project in accordance with the regulations specified in subsection 4 of NRS 701.610.

      2.  Prepare a report [:] that covers the immediately preceding 2 fiscal years:

      (a) Containing the information compiled pursuant to subsection 1; and

      (b) Setting forth the effect, if any, on the budget of the Department of Wildlife as a result of receiving the reimbursement of costs for providing information concerning energy development projects and the manner in which the total amount received for those costs was used by the Department.

      3.  On or before January [1] 31 of each [even-numbered] odd-numbered year, [submit] post the report required pursuant to subsection 2 [to the Legislative Commission. On or before January 1 of each odd-numbered year,] on the Internet website maintained by the Department of Wildlife . [shall submit the report required pursuant to subsection 2 to the Director of the Legislative Counsel Bureau for transmittal to the Legislature.]

      Sec. 8.  (Deleted by amendment.)

      Sec. 9.  This act becomes effective on July 1, 2017.

________

 

 

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 719ê

 

CHAPTER 158, SB 247

Senate Bill No. 247–Committee on Education

 

CHAPTER 158

 

[Approved: May 26, 2017]

 

AN ACT relating to education; revising provisions relating to annual reports of accountability; removing the requirement that the Department of Education provide to certain persons written notice that certain information is posted on the Internet website maintained by the Department; revising the number of days’ notice certain boards of trustees of school districts are required to provide before adopting, repealing or amending certain policies or regulations; revising provisions concerning certain plans and reports relating to pupil discipline; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the boards of trustees of school districts, the sponsors of charter schools and the State Board of Education to prepare and publicly disseminate annual reports of accountability for the quality of schools and the educational achievement of pupils. (NRS 385A.070, 385A.400) Sections 1 and 4 of this bill revise the dates by which such reports must be completed. Section 4 also removes the requirement that the Department of Education provide written notice to certain persons that the report is available on the Internet website maintained by the Department. Sections 1-4 of this bill clarify that annual reports of accountability pertain to the school year immediately preceding the date on which the reports are prepared and publicly disseminated.

      Existing law requires the Department annually to determine whether each public school is meeting the measurable objectives and performance targets established pursuant to the statewide system of accountability for public schools. (NRS 385A.670) Existing law also requires the board of trustees of a school district, in consultation with the Department, or the Department to: (1) issue a final determination concerning whether each public school is meeting such measurable objectives and performance targets; (2) issue a final rating for each public school; and (3) provide written notice of such determinations and ratings to certain persons. (NRS 385A.720) Section 5 of this bill removes the requirement that the Department provide written notice of final determinations and ratings and instead requires the Department to post such determinations and final ratings on the Internet website maintained by the Department.

      Section 6 of this bill reduces from 15 to 13 the number of days’ notice the board of trustees of a school district in a county with a population of 100,000 or more (currently only Clark and Washoe Counties) is required to provide before adopting, repealing or amending certain policies or regulations.

      Section 7 of this bill removes the requirement that the Department submit to the State Board and the Legislative Committee on Education a copy of the plan setting forth procedures to ensure the security of examinations and assessments that are administered to pupils to certain entities and instead requires the Department to post the plan on the Internet website maintained by the Department.

      Section 8 of this bill removes the requirement that the Superintendent of Public Instruction submit a written report to the Director of the Legislative Counsel Bureau concerning the progress of schools and school districts in complying with certain plans concerning pupil discipline. Section 8 also: (1) revises requirements relating to the posting of certain plans relating to pupil discipline; and (2) requires the board of trustees of each school district to post on the Internet website maintained by the school district a written report concerning the progress of each school in complying with certain provisions relating to pupil discipline.

 


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ê2017 Statutes of Nevada, Page 720 (Chapter 158, SB 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 385A.070 is hereby amended to read as follows:

      385A.070  1.  The board of trustees of each school district in this State, in cooperation with associations recognized by the State Board as representing licensed educational personnel in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the State Board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools sponsored by the school district. The board of trustees of each school district shall report the information required by NRS 385A.070 to 385A.320, inclusive, for each charter school sponsored by the school district. The information for charter schools must be reported separately.

      2.  The board of trustees of each school district shall, on or before [September 30] December 31 of each year, prepare for the immediately preceding school year a single annual report of accountability concerning the educational goals and objectives of the school district, the information prescribed by NRS 385A.070 to 385A.320, inclusive, and such other information as is directed by the Superintendent of Public Instruction. A separate reporting for a group of pupils must not be made pursuant to NRS 385A.070 to 385A.320, inclusive, if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The Department shall use the mechanism approved by the United States Department of Education for the statewide system of accountability for public schools for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

      3.  The State Public Charter School Authority, the Achievement School District and each college or university within the Nevada System of Higher Education that sponsors a charter school shall, on or before [September 30] December 31 of each year, prepare for the immediately preceding school year an annual report of accountability of the charter schools sponsored by the State Public Charter School Authority, Achievement School District or institution, as applicable, concerning the accountability information prescribed by the Department pursuant to this section. The Department, in consultation with the State Public Charter School Authority, the Achievement School District and each college or university within the Nevada System of Higher Education that sponsors a charter school, shall prescribe by regulation the information that must be prepared by the State Public Charter School Authority, Achievement School District and institution, as applicable, which must include, without limitation, the information contained in subsection 2 and NRS 385A.070 to 385A.320, inclusive, as applicable to charter schools. The Department shall provide for public dissemination of the annual report of accountability prepared pursuant to this section by posting a copy of the report on the Internet website maintained by the Department.

 


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      4.  The annual report of accountability prepared pursuant to this section must be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

      Sec. 2. NRS 385A.200 is hereby amended to read as follows:

      385A.200  The annual report of accountability prepared pursuant to NRS 385A.070 must include information on pupil achievement and school performance, including, without limitation, pupil achievement for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. The board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 390.105 and 390.600 and the college and career readiness assessment administered pursuant to NRS 390.610 and shall compare the results of those examinations for the [current] school year for which the annual report is being prepared with those of previous school years. The report must include, for each school in the district, including, without limitation, each charter school sponsored by the district, and each grade in which the examinations and assessments were administered:

      1.  The number of pupils who took the examinations and a record of attendance for the period in which the examinations were administered, including an explanation of any difference in the number of pupils who took the examinations and the number of pupils who are enrolled in the school.

      2.  Except as otherwise provided in subsection 2 of NRS 385A.070, pupil achievement, reported separately by gender and reported separately for the groups of pupils identified in the statewide system of accountability for public schools.

      3.  A comparison of the achievement of pupils in each group identified in the statewide system of accountability for public schools with the performance targets established for that group.

      4.  The percentage of pupils who were not tested.

      5.  Except as otherwise provided in subsection 2 of NRS 385A.070, the percentage of pupils who were not tested, reported separately by gender and reported separately for the groups identified in the statewide system of accountability for public schools.

      6.  The most recent 3-year trend in pupil achievement in each subject area tested and each grade level tested pursuant to NRS 390.105 and 390.600 and the college and career readiness assessment administered pursuant to NRS 390.610, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.

      7.  The rating of each public school in the district, including, without limitation, each charter school sponsored by the district, pursuant to the statewide system of accountability for public schools.

      8.  Information on whether each school in the district, including, without limitation, each charter school sponsored by the district, has made progress based upon the model adopted by the Department pursuant to NRS 390.125.

      9.  Information that compares the results of pupils in the school district, including, without limitation, pupils enrolled in charter schools sponsored by the district, with the results of pupils throughout this State. The information required by this subsection must be provided in consultation with the Department to ensure the accuracy of the comparison.

      10.  For each school in the district, including, without limitation, each charter school sponsored by the district, information that compares the results of pupils in the school with the results of pupils throughout the school district and throughout this State.

 


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

      Sec. 3. NRS 385A.260 is hereby amended to read as follows:

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

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

      (a) A standard high school diploma.

      (b) An adult diploma.

      (c) An adjusted diploma.

      2.  For each high school in the district, including, without limitation, each charter school sponsored by the district that operates as a high school, information that provides a comparison of the rate of graduation of pupils enrolled in the high school with the rate of graduation of pupils throughout the district and throughout this State. The information required by this subsection must be provided in consultation with the Department to ensure the accuracy of the comparison.

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

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

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

      (c) Withdraw from school to attend another school.

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

      Sec. 4. NRS 385A.400 is hereby amended to read as follows:

      385A.400  1.  The State Board shall , on or before January 15 of each year, prepare for the immediately preceding school year a single annual report of accountability that includes, without limitation the information prescribed by NRS 385A.400 to 385A.520, inclusive.

      2.  A separate reporting for a group of pupils must not be made pursuant to NRS 385A.400 to 385A.520, inclusive, if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The Department shall use the mechanism approved by the United States Department of Education for the statewide system of accountability for public schools for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

      3.  The annual report of accountability must:

 


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      (a) Be prepared in a concise manner; and

      (b) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

      4.  On or before [October] January 15 of each year, the State Board shall [:

      (a) Provide] provide for public dissemination of the annual report of accountability by posting a copy of the report on the Internet website maintained by the Department . [; and

      (b) Provide written notice that the report is available on the Internet website maintained by the Department. The written notice must be provided to the:

             (1) Governor;

             (2) Committee;

             (3) Bureau;

             (4) Board of Regents of the University of Nevada;

             (5) Board of trustees of each school district;

             (6) Governing body of each charter school;

             (7) Executive Director of the Achievement School District; and

             (8) The Attorney General, with a specific reference to the information that is reported pursuant to paragraph (e) of subsection 1 of NRS 385A.460.]

      5.  Upon the request of the Governor, the Attorney General, [an entity described in paragraph (b) of subsection 4] the Committee, the Bureau, the Board of Regents of the University of Nevada, the board of trustees of a school district, the governing body of a charter school, the Executive Director of the Achievement School District or a member of the general public, the State Board shall provide a portion or portions of the annual report of accountability.

      Sec. 5. NRS 385A.720 is hereby amended to read as follows:

      385A.720  1.  Based upon the information received from the Department pursuant to NRS 385A.670, the board of trustees of each school district shall, on or before August 15 of each year, issue a preliminary rating for each public school in the school district in accordance with the statewide system of accountability for public schools, excluding charter schools sponsored by the State Public Charter School Authority, the Achievement School District or a college or university within the Nevada System of Higher Education. The board of trustees shall make preliminary ratings for all charter schools that are sponsored by the board of trustees. The Department shall make preliminary ratings for all charter schools sponsored by the State Public Charter School Authority, all charter schools sponsored by the Achievement School District and all charter schools sponsored by a college or university within the Nevada System of Higher Education.

      2.  Before making a final rating for a school, the board of trustees of the school district or the Department, as applicable, shall provide the school an opportunity to review the data upon which the preliminary rating is based and to present evidence. If the school is a public school of the school district or a charter school sponsored by the board of trustees, the board of trustees of the school district shall, in consultation with the Department, make a final determination concerning the rating for the school on September 15. If the school is a charter school sponsored by the State Public Charter School Authority, the Achievement School District or a college or university within the Nevada System of Higher Education, the Department shall make a final determination concerning the rating for the school on September 15.

 


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ê2017 Statutes of Nevada, Page 724 (Chapter 158, SB 247)ê

 

the Nevada System of Higher Education, the Department shall make a final determination concerning the rating for the school on September 15.

      3.  On or before September 15 of each year, the Department shall [provide written notice of the determinations made pursuant to NRS 385A.670 and the final ratings made pursuant to this section as follows:

      (a) The] post on the Internet website maintained by the Department the determinations and final ratings made for all schools in this State . [to the:

             (1) Governor;

             (2) State Board;

             (3) Committee; and

             (4) Bureau.

      (b) The determinations and final ratings made for all schools within a school district to the:

             (1) Superintendent of schools of the school district; and

             (2) Board of trustees of the school district.

      (c) The determination and final rating made for each school to the principal of the school.

      (d) The determination and final rating made for each charter school to the sponsor of the charter school.]

      Sec. 6. NRS 386.365 is hereby amended to read as follows:

      386.365  1.  Except as provided in subsection 3, each board of trustees in any county having a population of 100,000 or more shall give [15] 13 days’ notice of its intention to adopt, repeal or amend a policy or regulation of the board concerning any of the subjects set forth in subsection 4. The notice must:

      (a) Include a description of the subject or subjects involved and must state the time and place of the meeting at which the matter will be considered by the board; and

      (b) Be mailed to the following persons from each of the schools affected:

             (1) The principal;

             (2) The president of the parent-teacher association or similar body; and

             (3) The president of the classroom teachers’ organization or other collective bargaining agent.

Ê A copy of the notice and of the terms of each proposed policy or regulation, or change in a policy or regulation, must be made available for inspection by the public in the office of the superintendent of schools of the school district at least [15] 13 days before its adoption.

      2.  All persons interested in a proposed policy or regulation or change in a policy or regulation must be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing. The board of trustees shall consider all written and oral submissions respecting the proposal or change before taking final action.

      3.  Emergency policies or regulations may be adopted by the board upon its own finding that an emergency exists.

      4.  This section applies to policies and regulations concerning:

      (a) Attendance rules;

      (b) Zoning;

      (c) Grading;

      (d) District staffing patterns;

      (e) Curriculum and program;

      (f) Pupil discipline; and

 


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      (g) Personnel, except with respect to dismissals and refusals to reemploy covered by contracts entered into as a result of the Local Government Employee-Management Relations Act, as provided in NRS 391.660.

      Sec. 7. NRS 390.270 is hereby amended to read as follows:

      390.270  1.  The Department shall, by regulation or otherwise, adopt and enforce a plan setting forth procedures to ensure the security of examinations that are administered to pupils pursuant to NRS 390.105 and 390.600 and the college and career readiness assessment administered pursuant to NRS 390.610.

      2.  A plan adopted pursuant to subsection 1 must include, without limitation:

      (a) Procedures pursuant to which pupils, school officials and other persons may, and are encouraged to, report irregularities in testing administration and testing security.

      (b) Procedures necessary to ensure the security of test materials and the consistency of testing administration.

      (c) Procedures that specifically set forth the action that must be taken in response to a report of an irregularity in testing administration or testing security and the actions that must be taken during an investigation of such an irregularity. For each action that is required, the procedures must identify:

             (1) By category, the employees of the school district, Achievement School District, charter school or Department, or any combination thereof, who are responsible for taking the action; and

             (2) Whether the school district, Achievement School District, charter school or Department, or any combination thereof, is responsible for ensuring that the action is carried out successfully.

      (d) Objective criteria that set forth the conditions under which a school, including, without limitation, a charter school or a school district, or both, is required to file a plan for corrective action in response to an irregularity in testing administration or testing security for the purposes of NRS 390.295.

      3.  [A] The Department shall post a copy of the plan adopted pursuant to this section and the procedures set forth therein [must be submitted on or before September 1 of each year to:

      (a) The State Board; and

      (b) The Legislative Committee on Education, created pursuant to NRS 218E.605.] on the Internet website maintained by the Department.

      Sec. 8. NRS 392.4644 is hereby amended to read as follows:

      392.4644  1.  The principal of each public school shall establish a plan to provide for the progressive discipline of pupils and on-site review of disciplinary decisions. The plan must:

      (a) Be developed with the input and participation of teachers and other educational personnel and support personnel who are employed at the school, and the parents and guardians of pupils who are enrolled in the school.

      (b) Be consistent with the written rules of behavior prescribed in accordance with NRS 392.463.

      (c) Include, without limitation, provisions designed to address the specific disciplinary needs and concerns of the school.

      (d) Provide for the temporary removal of a pupil from a classroom in accordance with NRS 392.4645.

      2.  On or before October 1 of each year, the principal of each public school shall:

 


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ê2017 Statutes of Nevada, Page 726 (Chapter 158, SB 247)ê

 

      (a) Review the plan in consultation with the teachers and other educational personnel and support personnel who are employed at the school;

      (b) Based upon the review, make revisions to the plan, as recommended by the teachers and other educational personnel and support personnel, if necessary; and

      (c) Post a copy of the plan or the revised plan, as applicable, [in a prominent place at the] on the Internet website maintained by the school [for public inspection and otherwise make the plan available for public inspection at the administrative office of the school.] or school district and distribute a paper or electronic copy to each employee assigned to the school.

      3.  On or before October 1 of each year, the principal of each public school shall submit a copy of the plan established pursuant to subsection 1 or a revised plan, if applicable, to the superintendent of schools of the school district. On or before November 1 of each year, the superintendent of schools of each school district shall submit a report to the board of trustees of the school district that includes:

      (a) A compilation of the plans submitted pursuant to this subsection by each school within the school district.

      (b) The name of each principal, if any, who has not complied with the requirements of this section.

      4.  On or before November 30 of each year, the board of trustees of each school district shall [submit] :

      (a) Submit a written report to the Superintendent of Public Instruction based upon the compilation submitted pursuant to subsection 3 that reports the progress of each school within the district in complying with the requirements of this section [.

      5.  On or before December 31 of each year, the Superintendent of Public Instruction shall submit a written report to the Director of the Legislative Counsel Bureau concerning the progress of the schools and school districts throughout this state in complying with this section. If the report is submitted during:

      (a) An even-numbered year, the Director of the Legislative Counsel Bureau shall transmit it to the next regular session of the Legislature.

      (b) An odd-numbered year, the Director of the Legislative Counsel Bureau shall transmit it to the Legislative Committee on Education.] ; and

      (b) Post a copy of the report on the Internet website maintained by the school district.

      Sec. 9.  This act becomes effective on July 1, 2017.

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ê2017 Statutes of Nevada, Page 727ê

 

CHAPTER 159, SB 252

Senate Bill No. 252–Senators Goicoechea, Hammond, Harris, Gustavson, Hardy; and Settelmeyer

 

Joint Sponsors: Assemblymen Ellison, Oscarson; Hansen and Wheeler

 

CHAPTER 159

 

[Approved: May 26, 2017]

 

AN ACT relating to interscholastic activities; authorizing the Nevada Interscholastic Activities Association to allow, by regulation, a pupil who is enrolled in a charter school, private school, parochial school or public school to participate in a sanctioned sport or other interscholastic event at another public school that offers the sanctioned sport or other interscholastic event under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the formation of the Nevada Interscholastic Activities Association, consisting of all the school districts in this State, for the purposes of controlling, supervising and regulating all interscholastic athletic events and other interscholastic events in the public schools in this State. (NRS 385B.050) Existing law further requires the rules and regulations adopted by the Association to provide for the membership of charter schools, private schools and parochial schools which may elect to join the Association. (NRS 385B.110) Section 4 of this bill authorizes the Association to allow, by regulation, a pupil who is enrolled in a charter school, private school, parochial school or public school to participate in a sanctioned sport or any other interscholastic event at another public school which offers the sanctioned sport or other interscholastic event if: (1) the charter school, private school, parochial school or public school in which the pupil is enrolled does not enroll more than 30 pupils collectively in grades 9, 10, 11 and 12 during the school year; (2) the pupil resides in the school district or zone of attendance in which the public school that offers the sanctioned sport or other interscholastic event is located; (3) the sanctioned sport or other interscholastic event is not offered at the charter school, private school, parochial school or public school in which the pupil is enrolled; and (4) the board of trustees of the school district in which the public school that offers the sanctioned sport or other interscholastic event approves the participation of the pupil in the sanctioned sport or other interscholastic event at the public school. Section 4 also authorizes the board of trustees to require the payment of any costs associated with the participation of the pupil in the sanctioned sport or other interscholastic event at the public school. Section 3 of this bill defines the term “zone of attendance” for the purpose of section 4 and various other provisions of chapter 385B of NRS governing the Association. Sections 5 and 6 of this bill make conforming changes.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

 


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ê2017 Statutes of Nevada, Page 728 (Chapter 159, SB 252)ê

 

      Sec. 2. Chapter 385B of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

      Sec. 3. “Zone of attendance” means the zone established by the board of trustees of a school district pursuant to NRS 388.040 to designate which school within the district a pupil must attend.

      Sec. 4. 1.  The Nevada Interscholastic Activities Association may, by regulation, allow a pupil who is enrolled in a charter school, private school, parochial school or public school to participate in a sanctioned sport or other interscholastic event at a public school that offers the sanctioned sport or other interscholastic event if:

      (a) The charter school, private school, parochial school or public school enrolls not more than 30 pupils collectively in grades 9, 10, 11 and 12 during a school year;

      (b) The pupil resides in the school district or zone of attendance in which the public school is located or, if the pupil does not reside in that school district or zone of attendance, the pupil may participate in a sanctioned sport or other interscholastic event at a public school which is located nearest to the residence of the pupil or which is specified in regulations adopted by the Association;

      (c) The sanctioned sport or other interscholastic event is not offered at the charter school, private school, parochial school or public school in which the pupil is enrolled; and

      (d) The board of trustees of the school district in which the public school is located approves the participation of the pupil in the sanctioned sport or other interscholastic event at the public school.

      2.  If the board of trustees of a school district approves the participation of a pupil in a sanctioned sport or other interscholastic event at a public school located within the school district pursuant to paragraph (d) of subsection 1, the board of trustees may negotiate, contract for or otherwise require the payment of any costs associated with the participation of the pupil in the sanctioned sport or other interscholastic event pursuant to this section.

      3.  The provisions of this section do not limit or otherwise affect:

      (a) The authority of a board of trustees of a school district relating to any public school or pupil enrolled in a public school in the school district.

      (b) The authority of the Association relating to any school or pupil enrolled in a school.

      (c) The ability of a pupil who is enrolled in a charter school to participate in sports at a public school pursuant to NRS 388A.474.

      Sec. 5. NRS 385B.010 is hereby amended to read as follows:

      385B.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 385B.020, 385B.030 and 385B.040 and section 3 of this act have the meanings ascribed to them in those sections.

      Sec. 6. NRS 385B.140 is hereby amended to read as follows:

      385B.140  [1.]  A pupil who enrolls in grade 9 at:

      [(a)]1.  A public school and who resides within the zone of attendance of the public school at the time of enrollment is immediately eligible to participate and practice in a sanctioned sport at the public school, regardless of whether the pupil:

             [(1)](a) Resided in a different zone of attendance before the pupil’s enrollment in grade 9; or

             [(2)](b) Attended a school other than a public school before the pupil’s enrollment in grade 9.

 


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ê2017 Statutes of Nevada, Page 729 (Chapter 159, SB 252)ê

 

      [(b)]2.  A private school is immediately eligible to participate and practice in a sanctioned sport at the private school, regardless of whether the pupil attended a school other than a private school before the pupil’s enrollment in grade 9.

      [2.  As used in this section, “zone of attendance” means the region established by the board of trustees of a school district or governing board of a charter school for the attendance of a pupil enrolled in the school.]

      Sec. 7.  This act becomes effective upon passage and approval for the purpose of adopting regulations and performing any other administrative tasks that are necessary to carry out the provisions of this act, and on July 1, 2017, for all other purposes.

________

CHAPTER 160, AB 231

Assembly Bill No. 231–Assemblywoman Bustamante Adams

 

CHAPTER 160

 

[Approved: May 26, 2017]

 

AN ACT relating to economic development; revising the deadline for the submission of certain reports concerning local emerging small businesses by the Office of Economic Development; repealing provisions requiring the Office to take certain actions concerning the development of inland ports; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Office of Economic Development to submit a report once each year to the Governor and the Legislature or the Interim Finance Committee, as applicable, concerning whether the goals for participation of the local emerging small businesses certified by the Office in certain purchasing and public works contracts are being met. Under existing law this report must include, without limitation, a summary of the information contained in certain biannual reports submitted to the Office by local governments and the Purchasing Division and State Public Works Division of the Department of Administration. (NRS 231.14075) While the Office’s deadline for the submission of its annual report is September 15, the deadline for the submission of the biannual report required to be submitted by local governments after the end of the fiscal year is September 28. (NRS 231.14075, 332.201) Section 4 of this bill revises the deadline for the submission of the Office’s annual report concerning local emerging small businesses so that the report must be submitted to the Governor and the Legislature or the Interim Finance Committee, as applicable, on or before December 1 of that year.

      Existing law requires the Office to take certain actions concerning the development of inland ports. (NRS 231.075) Section 7 of this bill repeals this requirement.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-3. (Deleted by amendment.)

 


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ê2017 Statutes of Nevada, Page 730 (Chapter 160, AB 231)ê

 

      Sec. 4. NRS 231.14075 is hereby amended to read as follows:

      231.14075  On or before [September 15] December 1 of each year, the Office shall submit a report to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year. The report must include, without limitation, for the fiscal year immediately preceding the submission of the report:

      1.  A summary of the information submitted to the Office pursuant to NRS 332.201, 333.177 and 338.1427 and, if applicable, paragraph (c) of subsection 2 of NRS 231.1407, including, without limitation, efforts undertaken to achieve any goals established by the Office which were not achieved in the current fiscal year and proposed action plans for achieving those goals in the subsequent fiscal year; and

      2.  The number of local emerging small businesses which are designated as tier 1 firms and tier 2 firms pursuant to NRS 231.1405. The numbers must be reported separately for businesses involved in providing construction services and for businesses involved in the sale of goods or in providing services other than construction services.

      Sec. 5. NRS 277B.360 is hereby amended to read as follows:

      277B.360  At the request of the Office, an authority shall report to the Office on all issues and activities necessary for the administration of the authority . [as well as issues and activities pertaining to compliance with any rules or regulations set forth by the Office for the creation, operation or maintenance of inland ports pursuant to NRS 231.075.]

      Sec. 6.  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. 7. NRS 231.075 is hereby repealed.

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

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ê2017 Statutes of Nevada, Page 731ê

 

CHAPTER 161, AB 232

Assembly Bill No. 232–Assemblymen Bilbray-Axelrod, Spiegel; Daly, Fumo, Joiner and Monroe-Moreno

 

Joint Sponsors: Senators Parks; Manendo and Segerblom

 

CHAPTER 161

 

[Approved: May 26, 2017]

 

AN ACT relating to civil actions; establishing the procedure for changing the name of a minor; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a person to change his or her name by filing a petition in the district court of the district in which the person resides. (NRS 41.270) Sections 2-7.5 of this bill establish the procedure for changing the name of a minor. Section 5 of this bill authorizes the parent of an unemancipated minor to file a petition to change the name of the minor. The petition must include: (1) the minor’s present name; (2) the name the minor will bear in the future; (3) the reason for the name change; (4) the consent of the minor if the minor is over 14 years of age; (5) the verified consent of the other parent, if any; (6) the name and address of the other parent of the minor, if known; and (7) whether the minor has been convicted of a felony.

      Section 6 of this bill requires the petitioning parent to personally serve notice upon the other parent unless the other parent consents to the change of name. If the petitioning parent can establish to the court that notice cannot be personally served on the other parent, the court may order the petitioning parent to: (1) publish the notice in a newspaper of general circulation for 3 successive weeks; and (2) serve notice and a copy of the petition by mail to the other parent’s last known address.

      Section 7 of this bill requires the court to make an order changing the name of the minor as requested in the petition upon being satisfied by the statements in the petition or other evidence that good reason exists, if: (1) verified consent of the other parent is stated in the petition; or (2) no written objection is filed within 10 days after the other parent is personally served or the last publication of notice as ordered by the court, upon proof of filing and evidence of service. Section 7 also requires the court to hold a hearing if an objection is filed. The order must be recorded as a judgment of the court and the clerk is required to transmit a certified copy of the order to the State Registrar of Vital Statistics.

      Section 7.5 of this bill authorizes a petition to change the name of an unemancipated minor to be filed in an action concerning divorce, child custody, the establishment of parentage, the termination of parental rights or the emancipation of a minor. If such a petition is filed, the notice and service requirements of the applicable action apply.

 

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 41 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7.5, inclusive, of this act.

      Sec. 2. As used in sections 2 to 7.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

 


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ê2017 Statutes of Nevada, Page 732 (Chapter 161, AB 232)ê

 

      Sec. 3. “Other parent” means a person who, in common with a petitioning parent, is the parent of an unemancipated minor under the laws of this State.

      Sec. 4. “Petitioning parent” means a person who is the parent of an unemancipated minor under the laws of this State, desiring to change the name of his or her child.

      Sec. 5. 1.  Any parent of an unemancipated minor desiring to have the name of the minor changed may file a verified petition with the clerk of the district court of the district in which the minor resides.

      2.  The petition shall be addressed to the court and shall state:

      (a) The minor’s present name;

      (b) The name which the minor will bear in the future;

      (c) The reason for desiring the name change;

      (d) The consent of the minor, if over the age of 14 years;

      (e) The verified consent, if any, of the other parent;

      (f) The name and address of the other parent, if known; and

      (g) Whether the minor has been convicted of a felony.

      Sec. 6. 1.  Unless the verified consent of the other parent is stated in the petition, and except as otherwise provided in subsection 2, upon the filing of the petition, the petitioning parent shall make out and procure a notice that must:

      (a) State the fact of the filing of the petition, its object, the minor’s present name and the name which the minor will bear in the future; and

      (b) Be personally served with a copy of the petition upon the other parent.

      2.  If the petitioning parent submits proof satisfactory to the court that notice cannot be personally served on the other parent, the court may order the petitioning parent to:

      (a) Publish notice in a newspaper of general circulation in the county once a week for 3 successive weeks; and

      (b) Serve notice and a copy of the petition by registered or certified mail to the other parent at his or her last known address.

      Sec. 7. 1.  Except as otherwise provided in subsection 2, the court shall make an order changing the name of the minor as prayed for in the petition upon being satisfied by the statements in the petition or other evidence that good reason exists, if:

      (a) The verified consent of the other parent is stated in the petition; or

      (b) No written objection is filed with the clerk within 10 days after the other parent is personally served or the last day of publication of notice as ordered in section 6 of this act, upon proof of the filing of the petition and evidence of service.

      2.  If, within the period described in paragraph (b) of subsection 1, an objection is filed, the court shall appoint a day for hearing the proofs, respectively, of the petitioning parent and the objection, upon reasonable notice. Upon that day, the court shall hear the proofs, and grant or refuse the prayer of the petitioning parent, according to whether the proofs show satisfactory reasons for making the change.

      3.  Upon the making of an order either granting or denying the prayer of the petitioning parent, the order must be recorded as a judgment of the court. If the petition is granted, the name of the minor 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.

 


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ê2017 Statutes of Nevada, Page 733 (Chapter 161, AB 232)ê

 

      Sec. 7.5. In addition to a petition to change the name of an unemancipated minor filed pursuant to this chapter, such a petition may be filed in any action brought under the provisions of chapter 122A, 125, 125C, 126, 128 or 129 of NRS. For any petition filed, the notice and service requirements of the chapter under which the applicable action was brought must be met.

      Sec. 8. NRS 41.270 is hereby amended to read as follows:

      41.270  Any natural person , except an unemancipated minor, desiring to have his or her name changed may file a verified petition with the clerk of the district court of the district in which the person resides. The petition shall be addressed to the court and shall state the applicant’s present name, the name which the applicant desires to bear in the future, the reason for desiring the change and whether the applicant has been convicted of a felony.

________

CHAPTER 162, AB 169

Assembly Bill No. 169–Assemblymen Jauregui; Brooks and Carrillo

 

CHAPTER 162

 

[Approved: May 26, 2017]

 

AN ACT relating to county recorders; providing that a county recorder has discretion to accept and record a document that does not meet certain formatting requirements; revising certain fees collected by a county recorder; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, certain documents submitted to a county recorder must meet certain formatting requirements and the county recorder is authorized to charge and collect a fee for documents which do not meet those formatting requirements. (NRS 247.110, 247.305) Section 1 of this bill provides that a county recorder has the discretion to accept and record a document that does not meet formatting requirements. Section 2 of this bill removes the fee charged for documents which do not comply with the formatting requirements.

      Existing law requires the county recorder to charge and collect certain other fees for recording a document, including fees based on the number of pages in the document, certain indexing fees and an additional fee. (NRS 247.305) Section 2 revises the fees collected for recording certain documents and eliminates the additional fee for recording documents that are more than one page. Section 2 also increases the additional fee collected for recording certain documents from $3 to $5.

      Existing law requires the county recorder to charge certain fees for recording certain documents relating to a mining claim. (NRS 247.310) Section 2.5 of this bill provides that the fee for recording a notice or certificate of location of a mining claim, or an amended notice or certificate of the location of a mining claim is $10 and eliminates the additional fee for recording such documents that are more than one page.

 


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ê2017 Statutes of Nevada, Page 734 (Chapter 162, AB 169)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 247.110 is hereby amended to read as follows:

      247.110  1.  When a document authorized, entitled or required by law to be recorded is deposited in the county recorder’s office for recording, the county recorder shall:

      (a) Endorse upon it the time when it was received, noting:

             (1) The year, month, day, hour and minute of its reception;

             (2) The document number; and

             (3) The amount of fees collected for recording the document.

      (b) Record the document without delay, together with the acknowledgments, proofs and certificates, written upon or annexed to it, with the plats, surveys, schedules and other papers thereto annexed, in the order in which the papers are received for recording.

      (c) Note at the upper right corner of the record and upon the document, except a map, so recorded the exact time of its reception and the name of the person at whose request it was recorded.

      (d) Upon request, place a stamp or other notation upon one copy of the document presented at the time of recording to reflect the information endorsed upon the original pursuant to subparagraphs (1) and (2) of paragraph (a) and as evidence that the county recorder received the original, and return the copy to the person who presented it.

      2.  In addition to the information described in paragraph (a) of subsection 1, a county recorder may endorse upon a document the book and page where the document is recorded.

      3.  Except as otherwise provided in this section [, subsection 5 of NRS 247.305] and NRS 111.366 to 111.3697, inclusive, a document, except a map, certificate or affidavit of death, military discharge or document regarding taxes that is issued by the Internal Revenue Service of the United States Department of the Treasury, that is submitted for recording must be on a form authorized by NRS 104.9521 for the type of filing or , except as otherwise provided in subsection 5, must:

      (a) Be on white, 20-pound paper that is 8 1/2 inches by 11 inches in size.

      (b) Have a margin of 1 inch on the left and right sides and at the bottom of each page.

      (c) Have a space of 3 inches by 3 inches at the upper right corner of the first page and have a margin of 1 inch at the top of each succeeding page.

      (d) Not be on sheets of paper that are bound together at the side, top or bottom.

      (e) Not contain printed material on more than one side of each page.

      (f) Not have any documents or other materials physically attached to the paper.

      (g) Not contain:

             (1) Colored markings to highlight text or any other part of the document;

             (2) A stamp or seal that overlaps with text or a signature on the document, except in the case of a validated stamp or seal of a professional engineer or land surveyor who is licensed pursuant to chapter 625 of NRS;

 


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ê2017 Statutes of Nevada, Page 735 (Chapter 162, AB 169)ê

 

             (3) Text that is smaller than a 10-point Times New Roman font and is printed in any ink other than black; or

             (4) More than nine lines of text per vertical inch.

      4.  The provisions of subsection 3 do not apply to a document submitted for recording that has been filed with a court and which conforms to the formatting requirements established by the court.

      5.  A county recorder has the discretion to accept and record a document that does not meet the formatting requirements set forth in paragraphs (a) to (g), inclusive, of subsection 3.

      6.  A document is recorded when the information required pursuant to this section is placed on the document and is entered in the record of the county recorder.

      Sec. 2. NRS 247.305 is hereby amended to read as follows:

      247.305  1.  If another statute specifies the fee to be charged for a service, county recorders shall charge and collect only the fee specified. Otherwise, unless prohibited by NRS 375.060, county recorders shall charge and collect the following fees:

      (a) [For recording any document, for the first page................................ $10

      (b) For each additional page.......................................................................... $1

      (c) For recording each portion of a document which must be separately indexed, after the first indexing    $3

      (d) For copying any record, for each page.................................................. $1

      (e)] For recording a document................................................................... $25

      (b) For copying a record, for each page..................................................... $1

      (c) For certifying, including certificate and seal.......................................... $4

      [(f)](d) For a certified copy of a certificate of marriage....................... $10

      [(g)](e) For a certified abstract of a certificate of marriage................. $10

      [(h)](f) For a certified copy of a certificate of marriage or for a certified abstract of a certificate of marriage, the additional sum of $5 for the Account for Aid for Victims of Domestic Violence in the State General Fund. The fees collected for this purpose must be paid over to the county treasurer by the county recorder on or before the fifth day of each month for the preceding calendar month, and must be credited to that Account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the recorder to the State Controller for credit to that Account.

      2.  Except as otherwise provided in this subsection and NRS 375.060, a county recorder may charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee not to exceed [$3] $5 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder may not charge the additional fee authorized in this subsection for recording an originally signed certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay the amount of fees collected by him or her pursuant to this subsection to the county treasurer for credit to the account established pursuant to NRS 247.306.

      3.  Except as otherwise provided in this subsection and NRS 375.060, a county recorder shall charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee of $1 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder shall not charge the additional fee authorized in this subsection for recording an originally signed certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay the amount of fees collected by him or her pursuant to this subsection to the county treasurer.

 


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ê2017 Statutes of Nevada, Page 736 (Chapter 162, AB 169)ê

 

of each month, the county recorder shall pay the amount of fees collected by him or her pursuant to this subsection to the county treasurer. On or before the 15th day of each month, the county treasurer shall remit the money received by him or her pursuant to this subsection to the State Treasurer for credit to the Account to Assist Persons Formerly in Foster Care established pursuant to NRS 432.017.

      4.  Except as otherwise provided in this subsection and NRS 375.060, a board of county commissioners may, in addition to any fee that a county recorder is otherwise authorized to charge and collect, impose by ordinance a fee of not more than $3 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder shall not charge the additional fee authorized by this subsection for recording an originally signed certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay the amount of fees collected by him or her pursuant to this subsection to the county treasurer. On or before the 15th day of each month, the county treasurer shall remit the money received by him or her pursuant to this subsection to the organization operating the program for legal services for the indigent that receives the fees charged pursuant to NRS 19.031 to be used to provide legal services for abused and neglected children.

      5.  [Except as otherwise provided in this subsection or subsection 6 or by specific statute, a county recorder may charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee not to exceed $25 for recording any document that does not meet the standards set forth in subsection 3 of NRS 247.110. A county recorder shall not charge the additional fee authorized by this subsection for recording a document that is exempt from the provisions of subsection 3 of NRS 247.110.

      6.]  Except as otherwise provided in subsection [7,] 6, a county recorder shall not charge or collect any fees for any of the services specified in this section when rendered by the county recorder to:

      (a) The county in which the county recorder’s office is located.

      (b) The State of Nevada or any city or town within the county in which the county recorder’s office is located, if the document being recorded:

             (1) Conveys to the State, or to that city or town, an interest in land;

             (2) Is a mortgage or deed of trust upon lands within the county which names the State or that city or town as beneficiary;

             (3) Imposes a lien in favor of the State or that city or town; or

             (4) Is a notice of the pendency of an action by the State or that city or town.

      [7.]6.  A county recorder shall charge and collect the fees specified in this section for copying any document at the request of the State of Nevada, and any city or town within the county. For copying, and for his or her certificate and seal upon the copy, the county recorder shall charge the regular fee.

      [8.]7.  If the amount of money collected by a county recorder for a fee pursuant to this section:

      (a) Exceeds by $5 or less the amount required by law to be paid, the county recorder shall deposit the excess payment with the county treasurer for credit to the county general fund.

      (b) Exceeds by more than $5 the amount required by law to be paid, the county recorder shall refund the entire amount of the excess payment.

 


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ê2017 Statutes of Nevada, Page 737 (Chapter 162, AB 169)ê

 

      [9.]8.  Except as otherwise provided in subsection 2, 3, 4 or [8] 7 or by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the fifth working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.

      [10.]9.  For the purposes of this section, “State of Nevada,” “county,” “city” and “town” include any department or agency thereof and any officer thereof in his or her official capacity.

      Sec. 2.5. NRS 247.310 is hereby amended to read as follows:

      247.310  1.  Except as otherwise provided by law, county recorders shall charge the following fees for recording affidavits of proof of labor on mining claims and for recording, pursuant to subsection 3 of NRS 517.230, affidavits of intent to hold mining claims:

 

For recording any such affidavits that embrace therein one claim... $2

For each additional mining claim embraced in the affidavit......... 2

 

      2.  Except as otherwise provided by law, county recorders shall charge $10 for recording:

      (a) A notice or certificate of location of a mining claim; or

      (b) An amended notice or certificate of location of a mining claim.

      3.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the 5th working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.

      Sec. 3.  (Deleted by amendment.)

________

CHAPTER 163, SB 133

Senate Bill No. 133–Senator Harris

 

CHAPTER 163

 

[Approved: May 26, 2017]

 

AN ACT relating to child custody; revising the Uniform Deployed Parents Custody and Visitation Act to apply to civilian employees of the United States Department of Defense; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Uniform Deployed Parents Custody and Visitation Act. Generally, the Act governs the circumstances under which a court of this State has jurisdiction to issue orders concerning the custodial responsibility of a child when a parent or other custodian of the child is a service member who has received military deployment orders. The Act defines a service member as a member of uniformed service, which means the: (1) active and reserve components of the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States; (2) Merchant Marine, Commissioned Corps of the Public Health Service or Commissioned Corps of the National Oceanic and Atmospheric Administration of the United States; or (3) National Guard. (NRS 125C.0601-125C.0693) This bill revises the Act to apply to civilian employees of the United States Department of Defense.

 


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ê2017 Statutes of Nevada, Page 738 (Chapter 163, SB 133)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 125C of NRS is hereby amended by adding thereto a new section to read as follows:

      “Civilian employee” means a civilian employee of the United States Department of Defense.

      Sec. 2. NRS 125C.0601 is hereby amended to read as follows:

      125C.0601  NRS 125C.0601 to 125C.0693, inclusive, and section 1 of this act may be cited as the Uniform Deployed Parents Custody and Visitation Act.

      Sec. 3. NRS 125C.0603 is hereby amended to read as follows:

      125C.0603  As used in NRS 125C.0601 to 125C.0693, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 125C.0605 to 125C.0639, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 4. NRS 125C.0619 is hereby amended to read as follows:

      125C.0619  “Deploying parent” means a service member [,] or civilian employee who is deployed or has been notified of impending deployment, and is:

      1.  A parent of a child under the laws of this State other than NRS 125C.0601 to 125C.0693, inclusive [;] , and section 1 of this act; or

      2.  A person other than a parent who has custodial responsibility of a child under the laws of this State other than NRS 125C.0601 to 125C.0693, inclusive [.] , and section 1 of this act.

      Sec. 5. NRS 125C.0621 is hereby amended to read as follows:

      125C.0621  “Deployment” means the movement or mobilization of a service member or civilian employee to a location for more than 90 days but less than 18 months pursuant to an official order that:

      1.  Is designated as unaccompanied;

      2.  Does not authorize dependent travel; or

      3.  Otherwise does not permit the movement of family members to that location.

      Sec. 6. NRS 125C.0633 is hereby amended to read as follows:

      125C.0633  “Return from deployment” means the conclusion of a service member’s or civilian employee’s deployment as specified in uniformed service orders.

      Sec. 7. NRS 125C.0647 is hereby amended to read as follows:

      125C.0647  In a proceeding for custodial responsibility of a child of a service member [,] or civilian employee, a court may not consider a parent’s past deployment or possible future deployment in itself in determining the best interest of the child, but may consider any significant impact on the best interest of the child of the parent’s past or possible future deployment.

      Sec. 8.  This act does not affect the validity of a temporary court order concerning custodial responsibility during deployment that was entered before July 1, 2017.

      Sec. 9.  This act becomes effective on July 1, 2017.

________

 


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ê2017 Statutes of Nevada, Page 739ê

 

CHAPTER 164, SB 122

Senate Bill No. 122–Senators Cancela, Ratti; Cannizzaro, Parks and Woodhouse

 

Joint Sponsors: Assemblymen Spiegel and Sprinkle

 

CHAPTER 164

 

[Approved: May 26, 2017]

 

AN ACT relating to family planning; establishing a program to award grants to local governmental entities and nonprofit organizations for the purpose of providing certain services relating to family planning; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the Division of Health Care Financing and Policy of the Department of Health and Human Services to: (1) conduct a family planning service in any county of this State; and (2) establish a policy of referral of certain persons for family planning services. (NRS 422.308) Section 5 of this bill establishes the Account for Family Planning in the State General Fund and requires the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services to administer the Account. Section 5 requires the money in the Account to be expended to award grants of money to local governmental entities and nonprofit organizations to be used to provide certain services relating to family planning to persons who would otherwise have difficulty obtaining those services. Section 5 authorizes a local government that is awarded a grant to provide such family planning services through a contract with another person or entity. Section 6 of this bill authorizes the Administrator to accept gifts, grants and donations for the purpose of awarding such grants. Section 7 of this bill requires the recipient of a grant to provide certain information to a person to whom the recipient provides education that is funded by a grant. Sections 7 and 9 of this bill provide that any personally identifiable information concerning a person to whom a grant recipient provides services is confidential. Section 8 of this bill requires the State Board of Health to adopt regulations concerning the award of grants.

 

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 442 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2. As used in sections 2 to 8, inclusive of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Account” means the Account for Family Planning created by section 5 of this act.

      Sec. 4. “Administrator” means the Administrator of the Division.

      Sec. 5. 1.  The Account for Family Planning is hereby created in the State General Fund. The Administrator shall administer the Account.

      2.  Except as otherwise provided in subsection 5, the money in the Account must be expended to award grants of money to local governmental entities and nonprofit organizations to provide the family planning services described in this section to persons who would otherwise have difficulty obtaining such services because of poverty, lack of insurance or transportation or any other reason.

 


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ê2017 Statutes of Nevada, Page 740 (Chapter 164, SB 122)ê

 

obtaining such services because of poverty, lack of insurance or transportation or any other reason. Grants of money awarded pursuant to this section may only be used to fund:

      (a) The provision of education by trained personnel concerning family planning;

      (b) The distribution of information concerning family planning;

      (c) The referral of persons to appropriate agencies, organizations and providers of health care for consultation, examination, treatment, genetic counseling and prescriptions for the purpose of family planning;

      (d) The distribution of contraceptives, the installation of contraceptive devices and the performance of contraceptive procedures approved by the United States Food and Drug Administration, which must be limited to:

             (1) Sterilization surgery for women;

             (2) Surgical sterilization implants for women;

             (3) Implantable rods;

             (4) Copper intrauterine devices and intrauterine devices with progestin;

             (5) Contraceptive injections and patches;

             (6) Combined oral contraceptive pills, progestin only oral contraceptives and oral contraceptives for extended or continuous use;

             (7) Vaginal contraceptive rings;

             (8) Diaphragms;

             (9) Contraceptive sponges;

             (10) Cervical caps;

             (11) Female condoms;

             (12) Spermicide; and

             (13) Levonorgestrel and ulipristal acetate;

      (e) The provision of or referral of persons for preconception health services and assistance to achieve pregnancy; and

      (f) The provision of or referral of persons for testing for and treatment of sexually transmitted infections.

      3.  Family planning services funded by a local governmental entity using a grant awarded pursuant to this section may be provided wholly or partially through a contract between the local governmental entity and another local governmental entity, an agency of the State, a community health nurse, a consultant or any other person or entity.

      4.  Family planning services funded using a grant awarded pursuant to this section must be made available to persons requesting such services:

      (a) In a manner that protects the dignity of the recipient;

      (b) Without regard to religion, race, color, national origin, physical or mental disability, age, sex, gender identity or expression, sexual orientation, number of previous pregnancies or marital status;

      (c) In accordance with written clinical protocols that are in accordance with nationally recognized standards of care; and

      (d) By persons who are required by NRS 432B.220 to report the abuse or neglect of a child.

      5.  The Administrator may not use more than 10 percent of the money in the Account to administer the Account.

      6.  The Administrator shall award grants of money from the Account based entirely on the need for family planning services in the community served by the local governmental entity or the nonprofit organization and the ability of the local governmental entity or nonprofit organization to effectively deliver family planning services.

 


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ê2017 Statutes of Nevada, Page 741 (Chapter 164, SB 122)ê

 

      7.  The existence of the Account does not create a right in any local government or nonprofit organization to receive money from the Account.

      8.  As used in this section, “preconception health services” means the promotion of proper health practices, screenings and interventions conducted before pregnancy to identify and modify biomedical, behavioral and social risks to a woman’s health or pregnancy outcome through prevention and management.

      Sec. 6. 1.  The Administrator may apply for and accept any gift, donation, bequest, grant or other source of money for the purpose of awarding grants pursuant to section 5 of this act. Any money so received must be deposited in the Account.

      2.  The interest and income earned on money in the Account from any gift, donation or bequest, after deducting any applicable charges, must be credited to the Account.

      3.  Money from any gift, donation or bequest that remains in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      Sec. 7. 1.  A local governmental entity or nonprofit organization that receives a grant pursuant to section 5 of this act shall:

      (a) Inform a person to whom the entity or organization provides education concerning family planning which is funded by a grant of any methods or procedures that may be used to assist the person to achieve his or her goals concerning family planning. The information must include:

             (1) A clear explanation of family planning services, procedures, prescriptions and devices available directly from the entity or organization and those for which referral is required;

             (2) A description of any risks of the method or procedure, including possible negative outcomes and discomfort or pain that may result from using the method or procedure;

             (3) A description of the likely outcome and benefits of using the method or procedure;

             (4) A description of any alternative methods or procedures designed to accomplish the same goal; and

             (5) Answers to any questions the person has concerning the method or procedure.

      (b) Notify a person to whom the entity or organization provides education concerning family planning which is funded by a grant that the person is free to refuse any method or procedure about which the entity or organization informs the person pursuant to paragraph (a).

      2.  Any personally identifiable information concerning a person to whom services funded by a grant pursuant to section 5 of this act are provided is confidential. A local governmental entity or nonprofit organization that receives such a grant shall comply with all laws concerning the privacy of information, including, without limitation, the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and applicable regulations.

      Sec. 8. 1.  The State Board of Health shall adopt any regulations necessary to carry out the provisions of sections 2 to 8, inclusive, of this act. The regulations must establish, without limitation:

      (a) The manner in which a local governmental entity or nonprofit organization may apply for a grant pursuant to section 5 of this act; and

 


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      (b) A requirement that the recipient of a grant pursuant to section 5 of this act must submit any information that the State Board of Health determines is necessary for the Administrator to determine the purposes for which such a grant was used and evaluate the outcomes of services provided using such grants.

      2.  The regulations adopted pursuant to this section must not require a local governmental entity or nonprofit organization to apply for a grant pursuant to section 5 of this act.

      Sec. 9. 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, 353.205, 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.

 


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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 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.

      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. 10.  This act becomes effective upon passage and approval for the purpose of adopting regulations and performing any other administrative tasks that are necessary to carry out the provisions of this act and on January 1, 2018, for all other purposes.

________

 


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ê2017 Statutes of Nevada, Page 744ê

 

CHAPTER 165, AB 180

Assembly Bill No. 180–Assemblymen Monroe-Moreno; Bilbray-Axelrod, Brooks, Cohen, Frierson, McCurdy II, Miller, Ohrenschall, Thompson and Yeager

 

CHAPTER 165

 

[Approved: May 26, 2017]

 

AN ACT relating to juvenile justice; enacting the Juvenile Justice Bill of Rights; providing certain rights to children who are detained in a detention facility; requiring notice of those rights to be provided to children who are detained and to certain other persons, and that such notice be posted in certain locations; establishing a procedure for children to report alleged violations of those rights; requiring detention facilities to establish policies concerning certain medication given to children who are detained; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill enacts the Juvenile Justice Bill of Rights. Section 5 of this bill sets forth certain rights of children who are detained in a detention facility. Section 6 of this bill requires a detention facility in which a child is detained to: (1) inform the child of the rights set forth in section 5; (2) provide the child and, if practicable, the parent or guardian of the child with a written copy of those rights; and (3) post a written copy of those rights in a conspicuous place inside the detention facility. Section 7 of this bill authorizes a detention facility to place reasonable restrictions on the rights of a child based upon the time, place and manner of the child’s exercise of those rights if such restrictions are necessary to preserve order, security or safety. Section 8 of this bill authorizes a child who believes that his or her rights have been violated to raise and redress a grievance. Section 8.5 of this bill requires each detention facility to establish appropriate policies to ensure that children who are detained in the detention facility have timely access to clinically appropriate psychotropic medication. Sections 9-11 of this bill make conforming changes.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 62A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8.5, inclusive, of this act.

      Sec. 2. “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      Sec. 3. Sections 3 to 8.5, inclusive, of this act may be cited as the Juvenile Justice Bill of Rights.

      Sec. 4. As used in sections 3 to 8.5, inclusive, of this act, “detention facility” includes a:

      1.  Local facility for the detention of children;

      2.  Regional facility for the detention of children; and

      3.  State facility for the detention of children.

      Sec. 5. Except as otherwise provided in section 7 of this act, a child who is placed in the care and custody of a detention facility within this State has the right:

      1.  To receive information concerning his or her rights set forth in this title.

 


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      2.  To be treated with basic human dignity and respect, without intentional infliction of humiliation.

      3.  To have fair and equal access to services, placement, care, treatment and benefits.

      4.  To a program of education that meets the requirements of law and is appropriate for the developmental maturity of the child.

      5.  To receive adequate, healthy and appropriate food.

      6.  To receive adequate, appropriate and accessible basic necessities, including, without limitation, shelter, clean clothing and personal hygiene products and facilities.

      7.  To have access to necessary medical and behavioral health care services, including, without limitation:

      (a) Dental, vision and mental health services;

      (b) Medical and psychological screening, assessment and testing; and

      (c) Referral to and receipt of medical, emotional, psychological or psychiatric evaluation and treatment as soon as practicable after the need for such services has been identified.

      8.  To be free from:

      (a) Abuse or neglect, as defined in NRS 432B.020.

      (b) Corporal punishment, as defined in NRS 388.478, except the reasonable use of force that is necessary to preserve the order, security or safety of the child, the public, the staff of the detention facility or other children who are detained in the detention facility.

      (c) The administration of psychotropic medication unless the administration is consistent with the policies established pursuant to section 8.5 of this act.

      (d) Discrimination or harassment on the basis of his or her actual or perceived race, ethnicity, ancestry, national origin, color, religion, sex, sexual orientation, gender identity or expression, mental or physical disability or exposure to any communicable disease.

      (e) The deprivation of food, sleep, exercise, education, pillows, blankets or personal hygiene products as a form of punishment or discipline.

      (f) Being searched for the purpose of harassment or as a form of punishment or discipline.

      (g) Being restricted from a daily shower, clean clothing, drinking water, a toilet or reading materials relating to the education or detention of the child as a form of punishment or discipline.

      9.  To have reasonable access and accommodations to participate in religious services of his or her choice when reasonably available on the premises of the detention facility or to refuse to participate in religious services.

      10.  To communicate with other persons, including, without limitation, the right:

      (a) To have regular contact through visits, telephone calls and mail with:

             (1) Biological children;

             (2) Parents;

            (3) Guardians;

             (4) Attorneys; and

             (5) Other adults with whom the child has established a familial or mentoring relationship, including, without limitation, clergy, caseworkers, teachers, mentors and other persons, upon approval of the detention facility.

 


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      (b) To communicate confidentially with:

             (1) Any agency which provides child welfare services to the child concerning his or her care;

             (2) Attorneys, legal services organizations and their employees and staff;

             (3) Ombudspersons and other advocates;

             (4) Members of the clergy; and

             (5) Holders of public office, and people who work at a state or federal court.

Ê Except as otherwise provided by specific statute, a communication made pursuant to this paragraph is not a privileged communication.

      (c) To report any alleged violation of his or her rights pursuant to section 8 of this act without being threatened or punished.

      11.  To participate, in person, by telephone or by videoconference, in all court hearings pertaining to the circumstances which led to the detention of the child.

      Sec. 6. A detention facility shall:

      1.  Inform the child of his or her rights as set forth in section 5 of this act;

      2.  Provide the child with a written copy of those rights;

      3.  Provide an additional written copy of those rights to the child upon request;

      4.  To the extent that it is practicable, provide a written copy of those rights to the parent or guardian of the child; and

      5.  Post a written copy of the rights set forth in section 5 of this act in a conspicuous place inside the detention facility.

      Sec. 7. A detention facility may impose reasonable restrictions on the time, place and manner in which a child may exercise his or her rights set forth in section 5 of this act if such restrictions are necessary to preserve the order, security or safety of the child, the public, the staff of the detention facility or other children who are detained in the detention facility.

      Sec. 8. If a child believes that any of his or her rights set forth in section 5 of this act have been violated, the child may raise and redress a grievance through, without limitation:

      1.  A member of the staff of the detention facility;

      2.  A probation officer or parole officer;

      3.  An agency which provides child welfare services to the child, and any employee thereof;

      4.  A juvenile court with jurisdiction over the child;

      5.  A guardian ad litem for the child;

      6.  An attorney for the child; or

      7.  The use of any appropriate procedure which has been established by the Division of Child and Family Services to address grievances for children, both in and out of detention.

      Sec. 8.5. Each detention facility shall establish appropriate policies to ensure that children who are detained in the detention facility have timely access to and safe administration of clinically appropriate psychotropic medication. The policies must include, without limitation, policies concerning:

      1.  The use of psychotropic medication in a manner that has not been tested or approved by the United States Food and Drug Administration, including, without limitation, the use of such medication for a child who is of an age that has not been tested or approved or who has a condition for which the use of the medication has not been tested or approved;

 


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of an age that has not been tested or approved or who has a condition for which the use of the medication has not been tested or approved;

      2.  The concurrent use by a child of three or more classes of psychotropic medication; and

      3.  The concurrent use by a child of two psychotropic medications of the same class.

      Sec. 9. NRS 62A.010 is hereby amended to read as follows:

      62A.010  As used in this title, unless the context otherwise requires, the words and terms defined in NRS 62A.020 to 62A.350, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 10. NRS 62A.380 is hereby amended to read as follows:

      62A.380  1.  In carrying out the objects and purposes of this title, the juvenile court may use the services and facilities of the agency which provides child welfare services.

      2.  The agency which provides child welfare services shall determine the plans, placements and services to be provided to any child pursuant to the provisions of this title, chapter 432 of NRS, NRS 432B.010 to 432B.400, inclusive, and 432B.4681 to 432B.469, inclusive.

      [3.  As used in this section, “agency which provides child welfare services” means:

      (a) In a county whose population is less than 100,000, the local office of the Division of Child and Family Services; or

      (b) In a county whose population is 100,000 or more, the agency of the county,

Ê which provides or arranges for necessary child welfare services.]

      Sec. 11. NRS 62D.420 is hereby amended to read as follows:

      62D.420  1.  In each proceeding conducted pursuant to the provisions of this title, the juvenile court may:

      (a) Receive all competent, material and relevant evidence that may be helpful in determining the issues presented, including, but not limited to, oral and written reports; and

      (b) Rely on such evidence to the extent of its probative value.

      2.  The juvenile court shall afford the parties and their attorneys an opportunity to examine and controvert each written report that is received into evidence and to cross-examine each person who made the written report, when reasonably available.

      3.  In any proceeding involving a child for which the court has access to records relating to the custody of the child or the involvement of the child with an agency which provides child welfare services, the juvenile court may review those records to assist the court in determining the appropriate placement or plan of treatment for the child.

      4.  Except when a record described in subsection 3 would otherwise be admissible as evidence in the proceeding, the juvenile court shall not use a record reviewed pursuant to subsection 3 to prove that the child committed a delinquent act or is in need of supervision or for any purpose other than a purpose set forth in subsection 3. Except as otherwise provided in subsection 5, such records must not be disclosed or otherwise made open to inspection unless the records are admitted as evidence and used to determine the disposition of the case.

      5.  The juvenile court shall afford the parties and their attorneys an opportunity to examine and address any record reviewed by the juvenile court pursuant to subsection 3.

 


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      [6.  As used in this section, “agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.]

      Sec. 12.  This act becomes effective on July 1, 2017.

________

CHAPTER 166, AB 228

Assembly Bill No. 228–Assemblymen Pickard; Cohen and Tolles

 

Joint Sponsors: Senators Denis, Gansert, Goicoechea, Hammond, Hardy, Harris, Parks and Roberson

 

CHAPTER 166

 

[Approved: May 26, 2017]

 

AN ACT relating to parental rights; revising provisions governing the required service regarding a proceeding for the termination of parental rights; revising the time for a hearing to terminate parental rights; making certain hearings, files and records of the court relating to a proceeding for the termination of parental rights confidential in certain circumstances; authorizing the termination of parental rights in certain circumstances involving a sexual assault; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires that service of notice, including, without limitation, by personal service, publication or mailing, must be attempted on a parent, legal custodian or guardian or relative of a child before the commencement of a proceeding for the termination of parental rights. (NRS 128.060, 128.070) Existing law requires personal service to be attempted on a parent or legal custodian or guardian in such a case if the parent or legal custodian or guardian resides in this State. Section 2 of this bill removes the requirement that the person live in this State so that personal service must be attempted on such a person regardless of residence. If personal service is not feasible, sections 3 and 4 of this bill authorize the publication of a notice of hearing for the termination of parental rights under certain conditions, after the clerk of the court has replaced every instance of the name of the child with the initials of the child on the notice of hearing.

      Existing law requires a hearing to terminate the parental rights of a father, at the request of the mother of an unborn child, to be held after the birth of the child or 6 months after the filing of the petition, whichever is later. (NRS 128.085) Section 5 of this bill allows such a hearing to take place any time after the birth of the child and service on the father or putative father, if known, is completed.

      Existing law requires all hearings, files and records of a court relating to an adoption proceeding to be confidential. (NRS 127.140) Sections 6 and 8 of this bill similarly require that the hearings, files and records of a court relating to a proceeding to terminate parental rights are confidential, with certain exceptions.

      Existing law specifies that if a child is conceived as the result of a sexual assault and the person convicted of the sexual assault is the natural father of the child, that person has no right to custody of the child or visitation except in certain circumstances. (NRS 125C.210) Section 7 of this bill provides that the conviction of the natural parent of a child for a sexual assault which resulted in the conception of the child is grounds for terminating the parental rights of the natural parent.

 


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ê2017 Statutes of Nevada, Page 749 (Chapter 166, AB 228)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 128.050 is hereby amended to read as follows:

      128.050  1.  The proceedings must be entitled, “In the matter of the parental rights as to ................, a minor.”

      2.  A petition must be verified and may be upon information and belief. It must set forth plainly:

      (a) The facts which bring the child within the purview of this chapter.

      (b) The name, age and residence of the child.

      (c) The names and residences of the parents of the child.

      (d) The name and residence of the person or persons having physical custody or control of the child.

      (e) The name and residence of the child’s legal guardian, if there is one.

      (f) The name and residence of the child’s nearest known relative , [residing within the State,] if no parent or guardian can be found.

      (g) Whether the child is known to be an Indian child.

      3.  If any of the facts required by subsection 2 are not known by the petitioner, the petition must so state.

      4.  If the petitioner is a mother filing with respect to her unborn child, the petition must so state and must contain the name and residence of the father or putative father, if known.

      5.  If the petitioner or the child is receiving public assistance, the petition must so state.

      Sec. 2. NRS 128.060 is hereby amended to read as follows:

      128.060  1.  After a petition has been filed, unless the party or parties to be served voluntarily appear and consent to the hearing, the court shall direct the clerk to issue a notice, reciting briefly the substance of the petition and stating the date set for the hearing thereof, and requiring the person served therewith to appear before the court at the time and place if that person desires to oppose the petition.

      2.  [The] Except as otherwise provided in NRS 128.070, the following persons must be personally served with the notice:

      (a) The father or mother of the minor person, [if residing within this State, and] if his or her place of residence is known to the petitioner, [or, if there is no parent so residing,] or if the place of residence of the father or mother is not known to the petitioner, then the nearest known relative of that person, if there is any residing within the State, and if his or her residence and relationship are known to the petitioner; and

      (b) The minor’s legal custodian or guardian, [if residing within this State and] if his or her place of residence is known to the petitioner.

      3.  If the petitioner or the child is receiving public assistance, the petitioner shall mail a copy of the notice of hearing and a copy of the petition to the Chief of the Child Support Enforcement Program of the Division of Welfare and Supportive Services of the Department of Health and Human Services by registered or certified mail return receipt requested at least 45 days before the hearing.

      Sec. 3.  NRS 128.070 is hereby amended to read as follows:

      128.070  1.  When the father or mother of a minor child or the child’s legal custodian or guardian [resides out of the State, has departed from the State, or] cannot, after due diligence, be found [within the State,] or conceals himself or herself to avoid the service of the notice of hearing, and the fact appears, by affidavit, to the satisfaction of the court thereof, and it appears, either by affidavit or by a verified petition on file, that the named father or mother or custodian or guardian is a necessary or proper party to the proceedings, the court may grant an order that the service be made by the publication of the notice of hearing.

 


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State, or] cannot, after due diligence, be found [within the State,] or conceals himself or herself to avoid the service of the notice of hearing, and the fact appears, by affidavit, to the satisfaction of the court thereof, and it appears, either by affidavit or by a verified petition on file, that the named father or mother or custodian or guardian is a necessary or proper party to the proceedings, the court may grant an order that the service be made by the publication of the notice of hearing. When the affidavit is based on the fact that the present address of the father or mother or custodian or guardian [resides out of the State, and his or her present address] is unknown, it is a sufficient showing of that fact if the affiant states generally in the affidavit that:

      (a) At a previous time the person resided [out of this State] in a certain place (naming the place and stating the latest date known to the affiant when the person so resided there);

      (b) That place is the last place in which the person resided to the knowledge of the affiant;

      (c) The person no longer resides at that place; and

      (d) The affiant does not know the present place of residence of the person or where the person can be found . [; and

      (e) The affiant does not know and has never been informed and has no reason to believe that the person now resides in this State.]

Ê In such case, [it shall be presumed that the person still resides and remains out of the State, and] the affidavit shall be deemed to be a sufficient showing of due diligence to find the father or mother or custodian or guardian.

      2.  The order must direct the publication to be made in a newspaper, to be designated by the court, for a period of 4 weeks, and at least once a week during that time. [In case of publication, where the residence of a nonresident or absent father or mother or custodian or guardian is known, the court shall also direct a copy of the notice of hearing and petition to be deposited in the post office, directed to the person to be served at his or her place of residence.] When publication is ordered, personal service of a copy of the notice of hearing and petition [, out of the State,] is equivalent to completed service by publication , [and deposit in the post office,] and the person so served has 20 days after the service to appear and answer or otherwise plead. The service of the notice of hearing shall be deemed complete in cases of publication at the expiration of 4 weeks from the first publication . [, and in cases when a deposit of a copy of the notice of hearing and petition in the post office is also required, at the expiration of 4 weeks from the deposit.]

      3.  [Personal service outside the State upon a father or mother over the age of 18 years or upon the minor’s legal custodian or guardian may be made in any action where the person served is a resident of this State. When the facts appear, by affidavit, to the satisfaction of the court, and it appears, either by affidavit or by a verified petition on file, that the person in respect to whom the service is to be made is a necessary or proper party to the proceedings, the court may grant an order that the service be made by personal service outside the State. The service must be made by delivering a copy of the notice of hearing together with a copy of the petition in person to the person served. The methods of service are cumulative, and may be utilized with, after or independently of other methods of service.] Before a notice of hearing is published pursuant to subsection 2, the clerk of the court shall ensure that the name of the minor child is replaced with the initials of the minor child in every instance where the name of the minor child appears in the notice of hearing.

 


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      4.  Whenever personal service cannot be made, the court may require, before ordering service by publication , [or by publication and mailing,] such further and additional search to determine the whereabouts of the person to be served as may be warranted by the facts stated in the affidavit of the petitioner to the end that actual notice be given whenever possible.

      5.  If one or both of the parents of the minor is unknown, or if the name of either or both of the parents of the minor is uncertain, then those facts must be set forth in the affidavit and the court shall order the notice to be directed and addressed to either the father or the mother of the person, and to all persons claiming to be the father or mother of the person. The notice, after the caption, must be addressed substantially as follows: “To the father and mother of the above-named person, and to all persons claiming to be the father or mother of that person.”

      Sec. 4. NRS 128.080 is hereby amended to read as follows:

      128.080  [The] Except as otherwise provided in subsection 3 of NRS 128.070, the notice must be in substantially the following form:

 

In the ......... Judicial District Court of the State of Nevada,

in and for the County of .............

 

In the matter of parental rights

as to ......................, a minor.

 

Notice

 

       To ........................, the father or ........................, the mother of the above-named person; or, to the father and mother of the above-named person, and to all persons claiming to be the father or mother of this person; or, to ........................, related to the above-named minor as ........................; and, to ........................, the legal custodian or guardian of the above-named minor:

       You are hereby notified that there has been filed in the above-entitled court a petition praying for the termination of parental rights over the above-named minor person, and that the petition has been set for hearing before this court, at the courtroom thereof, at ........................, in the County of ........................, on the .......... day of the month of ………. of the year ....... at........ o’clock ........m., at which time and place you are required to be present if you desire to oppose the petition.

 

       Dated ...... (month) ...... (day) ...... (year)

 

                                                   .....................................................................

                                                                          Clerk of Court

          (SEAL)

                                                   By................................................................

                                                                                 Deputy

      Sec. 5. NRS 128.085 is hereby amended to read as follows:

      128.085  When the mother of an unborn child files a petition for termination of the father’s parental rights, the father or putative father, if known, shall be served with notice of the hearing in the manner provided for in NRS 128.060, 128.070 and 128.080. The hearing [shall not] may be held [until] at any time after the birth of the child [or 6 months after the filing of the petition, whichever is later.]

 


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[until] at any time after the birth of the child [or 6 months after the filing of the petition, whichever is later.] and service on the father or putative father, if known, is complete.

      Sec. 6. NRS 128.090 is hereby amended to read as follows:

      128.090  1.  At the time stated in the notice, or at the earliest time thereafter to which the hearing may be postponed, the court shall proceed to hear the petition.

      2.  The proceedings are civil in nature and are governed by the Nevada Rules of Civil Procedure. The court shall in all cases require the petitioner to establish the facts by clear and convincing evidence and shall give full and careful consideration to all of the evidence presented, with regard to the rights and claims of the parent of the child and to any and all ties of blood or affection, but with a dominant purpose of serving the best interests of the child.

      3.  Information contained in a report filed pursuant to NRS 432.0999 to 432.130, inclusive, or chapter 432B of NRS may not be excluded from the proceeding by the invoking of any privilege.

      4.  In the event of postponement, all persons served, who are not present or represented in court at the time of the postponement, must be notified thereof in the manner provided by the Nevada Rules of Civil Procedure.

      5.  Any hearing held pursuant to this section must be held in closed court without admittance of any person other than those necessary to the action or proceeding, unless the court determines that holding such a hearing in open court will not be detrimental to the child.

      6.  Except as otherwise provided in subsection 7, any hearing held pursuant to NRS 128.005 to 128.150, inclusive, is confidential and must be held in closed court without the admittance of any person other than the petitioner, attorneys, any witnesses, the director of an agency which provides child welfare services or an authorized representative of such person and any other person entitled to notice, except by order of the court.

      7.  The files and records of the court in a proceeding to terminate parental rights pursuant to NRS 128.005 to 128.150, inclusive, are not open to inspection by any person except:

      (a) The person petitioning for the termination of parental rights and a person who intends to file a response to such a petition; or

      (b) Upon an order of the court expressly so permitting pursuant to a petition setting forth the reasons therefor.

      Sec. 7. NRS 128.105 is hereby amended to read as follows:

      128.105  1.  The primary consideration in any proceeding to terminate parental rights must be whether the best interests of the child will be served by the termination. An order of the court for the termination of parental rights must be made in light of the considerations set forth in this section and NRS 128.106 to 128.109, inclusive, and based on evidence and include a finding that:

      (a) The best interests of the child would be served by the termination of parental rights; and

      (b) The conduct of the parent or parents was the basis for a finding made pursuant to subsection 3 of NRS 432B.393 or demonstrated at least one of the following:

             (1) Abandonment of the child;

             (2) Neglect of the child;

             (3) Unfitness of the parent;

 


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             (4) Failure of parental adjustment;

             (5) Risk of serious physical, mental or emotional injury to the child if the child were returned to, or remains in, the home of his or her parent or parents;

             (6) Only token efforts by the parent or parents:

                   (I) To support or communicate with the child;

                   (II) To prevent neglect of the child;

                   (III) To avoid being an unfit parent; or

                   (IV) To eliminate the risk of serious physical, mental or emotional injury to the child; [or]

             (7) With respect to termination of the parental rights of one parent, the abandonment by that parent [.] ; or

             (8) The child was conceived as a result of a sexual assault for which the natural parent was convicted.

      2.  Before making a finding pursuant to subparagraph (5) of paragraph (b) of subsection 1, if the child has been out of the care of his or her parent or guardian for at least 12 consecutive months, the court shall consider, without limitation:

      (a) The placement options for the child;

      (b) The age of the child; and

      (c) The developmental, cognitive and psychological needs of the child.

      Sec. 8. 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, 128.090, 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.

 


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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, 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.

 


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      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.

________

CHAPTER 167, AB 229

Assembly Bill No. 229–Assemblymen Spiegel, Araujo, Carrillo; Brooks, Cohen, Flores, Frierson, Fumo and Joiner

 

Joint Sponsors: Senators Parks, Manendo, Atkinson, Spearman; and Segerblom

 

CHAPTER 167

 

[Approved: May 26, 2017]

 

AN ACT relating to domestic relations; authorizing the marriage of two persons of any gender under certain circumstances; revising provisions relating to the division of community property and liabilities in certain domestic relations actions; revising certain provisions governing domestic relations; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under the Nevada Constitution, only marriage between one man and one woman is recognized. (Nev. Const. Art. 1, § 21) Existing law currently provides that one man and one woman may be joined in marriage. (NRS 122.020) On June 26, 2015, the Supreme Court of the United States held that under the Fourteenth Amendment of the United States Constitution: (1) same-sex couples may exercise the fundamental right to marry; (2) state laws that exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples are invalid; and (3) states may not refuse to recognize a same-sex marriage that was lawfully licensed and performed in another state. Obergefell v. Hodges, 135 S.Ct. 2584 (2015) Section 1 of this bill authorizes two persons, regardless of gender, to be joined in marriage. Sections 2-90 of this bill make conforming changes related to same-sex couples and parents.

 

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 122.020 is hereby amended to read as follows:

      122.020  1.  Except as otherwise provided in this section, [a male and a female person,] two persons, regardless of gender, at least 18 years of age, not nearer of kin than second cousins or cousins of the half blood, and not having a [husband or wife] spouse living, may be joined in marriage.

 


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      2.  [A male and a female person] Two persons, regardless of gender, who are [the husband and wife of] married to each other may be rejoined in marriage if the record of their marriage has been lost or destroyed or is otherwise unobtainable.

      3.  A person at least 16 years of age but less than 18 years of age may marry only if the person has the consent of:

      (a) Either parent; or

      (b) Such person’s legal guardian.

      Sec. 2. NRS 122.050 is hereby amended to read as follows:

      122.050  The marriage license must contain the name of each applicant as shown in the documents presented pursuant to subsection 2 of NRS 122.040 and must be substantially in the following form:

 

Marriage License

(Expires 1 Year After Issuance)

 

State of Nevada                      }

                                                   }ss.

County of................................ }

 

       These presents are to authorize any minister, other church or religious official authorized to solemnize a marriage or notary public who has obtained a certificate of permission to perform marriages, any Supreme Court justice, judge of the Court of Appeals or district judge within this State, or justice of the peace within a township wherein the justice of the peace is permitted to solemnize marriages or if authorized pursuant to subsection 3 of NRS 122.080, or a municipal judge if authorized pursuant to subsection 4 of NRS 122.080 or any commissioner of civil marriages or his or her deputy within a commissioner township wherein they are permitted to solemnize marriages, to join in marriage ........ of (City, town or location) ........, State of ........ State of birth (If not in U.S.A., name of country) ........; Date of birth ........ [Father’s name] Name of Parent No. 1 ........ [Father’s state] State of birth of Parent No. 1 (If not in U.S.A., name of country) ........ [Mother’s maiden name] Name of Parent No. 2 ........ [Mother’s state] State of birth of Parent No. 2 (If not in U.S.A., name of country) ........ Number of this marriage (1st, 2nd, etc.) ..... [Wife deceased] Former Spouse: Deceased ........ Divorced ........ Annulled ........ When ........ Where ........ And ........ of (City, town or location) ........, State of ........ State of birth (If not in U.S.A., name of country) ........; Date of birth ........ [Father’s name] Name of Parent No. 1 ........ [Father’s state] State of birth of Parent No. 1 (If not in U.S.A., name of country) ........ [Mother’s maiden name] Name of Parent No. 2 ........ [Mother’s state] State of birth of Parent No. 2 (If not in U.S.A., name of country) ........ Number of this marriage (1st, 2nd, etc.) ........ [Husband deceased] Former Spouse: Deceased ........ Divorced ........ Annulled ........ When ........ Where ........; and to certify the marriage according to law.

 

 

 


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       Witness my hand and the seal of the county, this ..... day of the month of ………. of the year ............

 

                                                                   .....................................................

(Seal)                                                                              Clerk

 

                                                                   .....................................................

                                                                                  Deputy clerk

      Sec. 3. NRS 122.062 is hereby amended to read as follows:

      122.062  1.  Any licensed, ordained or appointed minister or other church or religious official authorized to solemnize a marriage in good standing within his or her church or religious organization, or either of them, incorporated, organized or established in this State, or a notary public appointed by the Secretary of State pursuant to chapter 240 of NRS and in good standing with the Secretary of State, may join together [as husband and wife] in marriage persons who present a marriage license obtained from any county clerk of the State, if the minister, other church or religious official authorized to solemnize a marriage or notary public first obtains a certificate of permission to perform marriages as provided in NRS 122.062 to 122.073, inclusive. The fact that a minister or other church or religious official authorized to solemnize a marriage is retired does not disqualify him or her from obtaining a certificate of permission to perform marriages if, before retirement, the minister or other church or religious official authorized to solemnize a marriage had active charge of a church or religious organization for a period of at least 3 years.

      2.  A temporary replacement for a licensed, ordained or appointed minister or other church or religious official authorized to solemnize a marriage certified pursuant to NRS 122.062 to 122.073, inclusive, may solemnize marriages pursuant to subsection 1 for a period not to exceed 90 days, if the requirements of this subsection are satisfied. The minister or other church or religious official authorized to solemnize a marriage whom he or she temporarily replaces shall provide him or her with a written authorization which states the period during which it is effective, and the temporary replacement shall obtain from the county clerk in the county in which he or she is a temporary replacement a written authorization to solemnize marriage and submit to the county clerk an application fee of $25.

      3.  Any chaplain who is assigned to duty in this State by the Armed Forces of the United States may solemnize marriages if the chaplain obtains a certificate of permission to perform marriages from the county clerk of the county in which his or her duty station is located. The county clerk shall issue such a certificate to a chaplain upon proof of his or her military status as a chaplain and of his or her assignment.

      4.  A licensed, ordained or appointed minister, other church or religious official authorized to solemnize a marriage, active or retired, or a notary public may submit to the county clerk in the county in which a marriage is to be performed an application to perform a specific marriage in the county. The application must:

      (a) Include the full names and addresses of the persons to be married;

      (b) Include the date and location of the marriage ceremony;

      (c) Include the information and documents required pursuant to subsection 1 of NRS 122.064; and

      (d) Be accompanied by an application fee of $25.

 


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      5.  A county clerk may grant authorization to perform a specific marriage to a person who submitted an application pursuant to subsection 4 if the county clerk is satisfied that the minister or other church or religious official authorized to solemnize a marriage, whether he or she is active or retired, is in good standing with his or her church or religious organization or, in the case of a notary public, if the notary public is in good standing with the Secretary of State. The authorization must be in writing and need not be filed with any other public officer. A separate authorization is required for each marriage performed. A person may not obtain more than five authorizations to perform a specific marriage pursuant to this section in any calendar year and must acknowledge that he or she is subject to the jurisdiction of the county clerk with respect to the provisions of this chapter governing the conduct of ministers, other church or religious officials authorized to solemnize a marriage or notaries public to the same extent as if he or she had obtained a certificate of permission to perform marriages.

      Sec. 4. NRS 122.080 is hereby amended to read as follows:

      122.080  1.  After receipt of the marriage license previously issued to persons wishing to be married as provided in NRS 122.040 and 122.050, it is lawful for any justice of the Supreme Court, any judge of the Court of Appeals, any judge of the district court, any justice of the peace in his or her township if it is not a commissioner township, any justice of the peace in a commissioner township if authorized pursuant to subsection 3, any municipal judge if authorized pursuant to subsection 4, any commissioner of civil marriages within his or her county and within a commissioner township therein, or any deputy commissioner of civil marriages within the county of his or her appointment and within a commissioner township therein, to join together [as husband and wife] in marriage all persons not prohibited by this chapter.

      2.  This section does not prohibit:

      (a) A justice of the peace of one township, while acting in the place and stead of the justice of the peace of any other township, from performing marriage ceremonies within the other township, if such other township is not a commissioner township.

      (b) A justice of the peace of one township performing marriages in another township of the same county where there is no duly qualified and acting justice of the peace, if such other township is not a commissioner township or if he or she is authorized to perform the marriage pursuant to subsection 3.

      3.  In any calendar year, a justice of the peace may perform not more than 20 marriage ceremonies in commissioner townships if he or she does not accept any fee, gratuity, gift, honorarium or anything of value for or in connection with solemnizing the marriage other than a nonmonetary gift that is of nominal value.

      4.  In any calendar year, a municipal judge may perform not more than 20 marriage ceremonies in this State if he or she does not accept any fee, gratuity, gift, honorarium or anything of value for or in connection with solemnizing the marriage other than a nonmonetary gift that is of nominal value.

      5.  Any justice of the peace who performs a marriage ceremony in a commissioner township or any municipal judge who performs a marriage ceremony in this State and who, in violation of this section, accepts any fee, gratuity, gift, honorarium or anything of value for or in connection with solemnizing the marriage is guilty of a misdemeanor.

 


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gratuity, gift, honorarium or anything of value for or in connection with solemnizing the marriage is guilty of a misdemeanor.

      Sec. 5. NRS 122.110 is hereby amended to read as follows:

      122.110  1.  In the solemnization of marriage, no particular form is required except that the parties shall declare, in the presence of the justice, judge, minister or other church or religious official authorized to solemnize a marriage, notary public to whom a certificate of permission to perform marriages has been issued, justice of the peace, commissioner of civil marriages or deputy commissioner of civil marriages, and the attending witness, that they take each other as [husband and wife.] spouses.

      2.  In every case, there shall be at least one witness present besides the person performing the ceremony.

      Sec. 6. NRS 122.120 is hereby amended to read as follows:

      122.120  1.  After a marriage is solemnized, the person solemnizing the marriage shall give to each couple being married a certificate of marriage.

      2.  The certificate of marriage must contain the date of birth of each applicant as contained in the form of marriage license pursuant to NRS 122.050. If [a male and female person] two persons, regardless of gender, who are [the husband and wife] spouses of each other are being rejoined in marriage pursuant to subsection 2 of NRS 122.020, the certificate of marriage must state that the [male and female person] persons were rejoined in marriage and that the certificate is replacing a record of marriage which was lost or destroyed or is otherwise unobtainable. The certificate of marriage must be in substantially the following form:

 

State of Nevada

Marriage Certificate

 

State of Nevada                      }

                                                   }ss.

County of................................ }

 

       This is to certify that the undersigned, ................................ (a minister or other church or religious official authorized to solemnize a marriage, notary public, judge, justice of the peace of ................................ County, commissioner of civil marriages or deputy commissioner of civil marriages, as the case may be), did on the ................ day of the month of ………. of the year ..............., at ................ (address or church), ................ (city), Nevada, join or rejoin, as the case may be, in lawful wedlock ................ (name), of ................ (city), State of ................, date of birth ................, and ................ (name), of ................(city), State of ................, date of birth ................, with their mutual consent, in the presence of ................ and ................ (witnesses). (If [a male and female person] two persons, regardless of gender, who are the [husband and wife] spouses of each other are being rejoined in marriage pursuant to

 


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subsection 2 of NRS 122.020, this certificate replaces the record of the marriage of the [male and female person] persons who are being rejoined in marriage.)

 

                                                   .....................................................................

                                                           Signature of person performing

(Seal of County Clerk)                                   the marriage

                                                   .....................................................................

                                                         Name under signature typewritten

                                                                    or printed in black ink

 

                                                      

               County Clerk

 

                                                   .....................................................................

                                                                    Official title of person

                                                                  performing the marriage

 

                                                      

 

                                                      

     Couple’s mailing address

 

      3.  All information contained in the certificate of marriage must be typewritten or legibly printed in black ink, except the signatures. The signature of the person performing the marriage must be an original signature.

      Sec. 7. NRS 122.220 is hereby amended to read as follows:

      122.220  1.  It is unlawful for any Supreme Court justice, judge of the Court of Appeals, judge of a district court, justice of the peace, municipal judge, minister or other church or religious official authorized to solemnize a marriage, notary public, commissioner of civil marriages or deputy commissioner of civil marriages to join together as [husband and wife] spouses persons allowed by law to be joined in marriage, until the persons proposing such marriage exhibit to him or her a license from the county clerk as provided by law.

      2.  Any Supreme Court justice, judge of the Court of Appeals, judge of a district court, justice of the peace, municipal judge, minister or other church or religious official authorized to solemnize a marriage, notary public, commissioner of civil marriages or deputy commissioner of civil marriages who violates the provisions of subsection 1 is guilty of a misdemeanor.

      Sec. 8. NRS 123.010 is hereby amended to read as follows:

      123.010  1.  The property rights of [husband and wife] a married couple are governed by this chapter, unless there is:

      (a) A premarital agreement which is enforceable pursuant to chapter 123A of NRS; or

      (b) A marriage contract or settlement,

Ê containing stipulations contrary thereto.

      2.  Chapter 76, Statutes of Nevada 1865, is repealed, but no rights vested or proceedings taken before March 10, 1873, shall be affected by anything contained in this chapter of NRS.

 


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      Sec. 9. NRS 123.020 is hereby amended to read as follows:

      123.020  No estate is allowed [the husband] one spouse as tenant by curtesy upon the death of his [wife,] or her spouse, nor is any estate in dower allotted to the [wife] other spouse upon the death of his or her [husband.] spouse.

      Sec. 10. NRS 123.030 is hereby amended to read as follows:

      123.030  A [husband and wife] married couple may hold real or personal property as joint tenants, tenants in common, or as community property.

      Sec. 11. NRS 123.060 is hereby amended to read as follows:

      123.060  Except as mentioned in NRS 123.070, neither [husband nor wife] spouse has any interest in the property of the other [.] spouse.

      Sec. 12. NRS 123.070 is hereby amended to read as follows:

      123.070  Either [husband or wife] spouse may enter into any contract, engagement or transaction with the other [,] spouse, or with any other person respecting property, which either might enter into if unmarried, subject in any contract, engagement or transaction between themselves, to the general rules which control the actions of persons occupying relations of confidence and trust toward each other.

      Sec. 13. NRS 123.080 is hereby amended to read as follows:

      123.080  1.  A [husband and wife] married couple cannot by any contract with each other alter their legal relations except as to property, and except that they may agree to an immediate separation and may make provision for the support of either of them and of their children during such separation.

      2.  The mutual consent of the parties is a sufficient consideration for such an agreement as is mentioned in subsection 1.

      3.  In the event that a suit for divorce is pending or immediately contemplated by one of the spouses against the other, the validity of such agreement shall not be affected by a provision therein that the agreement is made for the purpose of removing the subject matter thereof from the field of litigation, and that in the event of a divorce being granted to either party, the agreement shall become effective and not otherwise.

      4.  If a contract executed by a [husband and wife,] married couple, or a copy thereof, be introduced in evidence as an exhibit in any divorce action, and the court shall by decree or judgment ratify or adopt or approve the contract by reference thereto, the decree or judgment shall have the same force and effect and legal consequences as though the contract were copied into the decree, or attached thereto.

      Sec. 14. NRS 123.090 is hereby amended to read as follows:

      123.090  If [the husband] a spouse neglects to make adequate provision for the support of his [wife,] or her spouse, any other person may in good faith supply [her] the neglected spouse with articles necessary for his or her support, and recover the reasonable value thereof from the [husband.] neglecting spouse. The separate property of the [husband] neglecting spouse is liable for the cost of such necessities if the community property of the spouses is not sufficient to satisfy such debt.

      Sec. 15. NRS 123.100 is hereby amended to read as follows:

      123.100  A [husband or wife] spouse abandoned by his or her spouse is not liable for the support of the abandoning spouse until such spouse offers to return unless the misconduct of the [husband or wife] abandoned spouse justified the abandonment.

 


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      Sec. 16. NRS 123.110 is hereby amended to read as follows:

      123.110  [The wife] A spouse must support [the husband] his or her spouse out of his or her separate property when [he] the spouse has no separate property and they have no community property and [he,] the spouse, from infirmity, is not able or competent to support himself [.] or herself.

      Sec. 17. NRS 123.121 is hereby amended to read as follows:

      123.121  When [a husband and wife] spouses sue jointly, any damages awarded shall be segregated as follows:

      1.  If the action is for personal injuries, damages assessed for:

      (a) Personal injuries and pain and suffering, to the injured spouse as his or her separate property.

      (b) Loss of comfort and society, to the spouse who suffers such loss.

      (c) Loss of services and hospital and medical expenses, to the spouses as community property.

      2.  If the action is for injury to property, damages shall be awarded according to the character of the injured property. Damages to separate property shall be awarded to the spouse owning such property, and damages to community property shall be awarded to the spouses as community property.

      Sec. 18. NRS 123.130 is hereby amended to read as follows:

      123.130  [1.]  All property of [the wife] a spouse owned by him or her before marriage, and that was acquired by him or her afterwards by gift, bequest, devise, descent or by an award for personal injury damages, with the rents, issues and profits thereof, is his or her separate property.

      [2.  All property of the husband owned by him before marriage, and that acquired by him afterwards by gift, bequest, devise, descent or by an award for personal injury damages, with the rents, issues and profits thereof, is his separate property.]

      Sec. 19. NRS 123.180 is hereby amended to read as follows:

      123.180  1.  Any property acquired by a child by gift, bequest, devise or descent, with the rents, issues and profits thereof, is the child’s own property, and neither parent is entitled to any interest therein.

      2.  The earnings and accumulations of earnings of a minor child are the community property of his or her parents unless relinquished to the child. Such relinquishment may be shown by written instrument, proof of a specific oral gift, or proof of a course of conduct.

      3.  When a [husband and wife are] married couple is living separate and apart the earnings and accumulations of earnings of their minor children, unless relinquished, are the separate property of the spouse who has their custody or, if no custody award has been made, then the separate property of the spouse with whom such children are living.

      Sec. 20. NRS 123.190 is hereby amended to read as follows:

      123.190  [1.]  When [the husband] a spouse has given written authority to [the wife] his or her spouse to appropriate to his or her own use [her] the spouse’s earnings, the same, with the issues and profits thereof, is deemed a gift from [him to her,] one spouse to the other, and is, with such issues and profits, [her] the latter spouse’s separate property.

      [2.  When the wife has given written authority to the husband to appropriate to his own use his earnings, the same, with the issues and profits thereof, is deemed a gift from her to him, and is, with such issues and profits, his separate property.]

 


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      Sec. 21. NRS 123.220 is hereby amended to read as follows:

      123.220  All property, other than that stated in NRS 123.130, acquired after marriage by either [husband or wife,] spouse or both [,] spouses, is community property unless otherwise provided by:

      1.  An agreement in writing between the spouses.

      2.  A decree of separate maintenance issued by a court of competent jurisdiction.

      3.  NRS 123.190.

      4.  A decree issued or agreement in writing entered pursuant to NRS 123.259.

      Sec. 22. NRS 123.225 is hereby amended to read as follows:

      123.225  1.  The respective interests of [the husband and wife] each spouse in community property during continuance of the marriage relation are present, existing and equal interests, subject to the provisions of NRS 123.230.

      2.  The provisions of this section apply to all community property, whether the community property was acquired before, on or after March 26, 1959.

      Sec. 23. NRS 123.250 is hereby amended to read as follows:

      123.250  1.  Except as otherwise provided in subsection 2, upon the death of either [husband or wife:] spouse:

      (a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property.

      (b) The remaining interest:

             (1) Is subject to the testamentary disposition of the decedent or, in the absence of such a testamentary disposition, goes to the surviving spouse; and

             (2) Is the only portion subject to administration under the provisions of title 12 of NRS.

      2.  The provisions of this section:

      (a) Do not apply to the extent that they are inconsistent with the provisions of chapter 41B of NRS.

      (b) Do not apply to community property with right of survivorship.

      (c) Apply to all other community property, whether the community property was acquired before, on or after July 1, 1975.

      3.  As used in this section, “community property with right of survivorship” means community property in which a right of survivorship exists pursuant to NRS 111.064 or 115.060 or any other provision of law.

      Sec. 24. NRS 123.259 is hereby amended to read as follows:

      123.259  1.  Except as otherwise provided in subsection 2, a court of competent jurisdiction may, upon a proper petition filed by a spouse or the guardian of a spouse, enter a decree dividing the income and resources of a [husband and wife] married couple pursuant to this section if one spouse is an institutionalized spouse and the other spouse is a community spouse.

      2.  The court shall not enter such a decree if the division is contrary to a premarital agreement between the spouses which is enforceable pursuant to chapter 123A of NRS.

      3.  Unless modified pursuant to subsection 4 or 5, the court may divide the income and resources:

      (a) Equally between the spouses; or

      (b) By protecting income for the community spouse through application of the maximum federal minimum monthly maintenance needs allowance set forth in 42 U.S.C. § 1396r-5(d)(3)(C) and by permitting a transfer of resources to the community spouse an amount which does not exceed the amount set forth in 42 U.S.C. § 1396r-5(f)(2)(A)(ii).

 


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forth in 42 U.S.C. § 1396r-5(d)(3)(C) and by permitting a transfer of resources to the community spouse an amount which does not exceed the amount set forth in 42 U.S.C. § 1396r-5(f)(2)(A)(ii).

      4.  If either spouse establishes that the community spouse needs income greater than that otherwise provided under paragraph (b) of subsection 3, upon finding exceptional circumstances resulting in significant financial duress and setting forth in writing the reasons for that finding, the court may enter an order for support against the institutionalized spouse for the support of the community spouse in an amount adequate to provide such additional income as is necessary.

      5.  If either spouse establishes that a transfer of resources to the community spouse pursuant to paragraph (b) of subsection 3, in relation to the amount of income generated by such a transfer, is inadequate to raise the income of the community spouse to the amount allowed under paragraph (b) of subsection 3 or an order for support issued pursuant to subsection 4, the court may substitute an amount of resources adequate to provide income to fund the amount so allowed or to fund the order for support.

      6.  A copy of a petition for relief under subsection 4 or 5 and any court order issued pursuant to such a petition must be served on the Administrator of the Division of Welfare and Supportive Services of the Department of Health and Human Services when any application for medical assistance is made by or on behalf of an institutionalized spouse. The Administrator may intervene no later than 45 days after receipt by the Division of Welfare and Supportive Services of the Department of Health and Human Services of an application for medical assistance and a copy of the petition and any order entered pursuant to subsection 4 or 5, and may move to modify the order.

      7.  A person may enter into a written agreement with his or her spouse dividing their community income, assets and obligations into equal shares of separate income, assets and obligations of the spouses. Such an agreement is effective only if one spouse is an institutionalized spouse and the other spouse is a community spouse or a division of the income or resources would allow one spouse to qualify for services under NRS 427A.250 to 427A.280, inclusive.

      8.  An agreement entered into or decree entered pursuant to this section may not be binding on the Division of Welfare and Supportive Services of the Department of Health and Human Services in making determinations under the State Plan for Medicaid.

      9.  As used in this section, “community spouse” and “institutionalized spouse” have the meanings respectively ascribed to them in 42 U.S.C. § 1396r-5(h).

      Sec. 25. NRS 125.010 is hereby amended to read as follows:

      125.010  Divorce from the bonds of matrimony may be obtained for any of the following causes:

      1.  Insanity existing for 2 years prior to the commencement of the action. Upon this cause of action the court, before granting a divorce, shall require corroborative evidence of the insanity of the defendant at that time, and a decree granted on this ground shall not relieve the successful party from contributing to the support and maintenance of the defendant, and the court may require the plaintiff in such action to give bond therefor in an amount to be fixed by the court.

 


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      2.  When the [husband and wife] spouses have lived separate and apart for 1 year without cohabitation the court may, in its discretion, grant an absolute decree of divorce at the suit of either party.

      3.  Incompatibility.

      Sec. 26. NRS 125.130 is hereby amended to read as follows:

      125.130  1.  A judgment or decree of divorce granted pursuant to the provisions of this chapter is a final decree.

      2.  Whenever a decree of divorce from the bonds of matrimony is granted in this State by a court of competent authority, the decree fully and completely dissolves the marriage contract as to both parties.

      3.  A court that grants a decree of divorce pursuant to the provisions of this section shall ensure that the social security numbers of both parties are placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.

      4.  In all suits for divorce, if a divorce is granted, the court may, for just and reasonable cause and by an appropriate order embodied in its decree, change the name of [the wife] either party to any former name which he or she has legally borne.

      Sec. 27. NRS 125.150 is hereby amended to read as follows:

      125.150  Except as otherwise provided in NRS 125.155 and 125.165, and unless the action is contrary to a premarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS:

      1.  In granting a divorce, the court:

      (a) May award such alimony to [the wife or to the husband,] either spouse, in a specified principal sum or as specified periodic payments, as appears just and equitable; and

      (b) Shall, to the extent practicable, make an equal disposition of the community property of the parties, except that the court may make an unequal disposition of the community property in such proportions as it deems just if the court finds a compelling reason to do so and sets forth in writing the reasons for making the unequal disposition.

      2.  Except as otherwise provided in this subsection, in granting a divorce, the court shall dispose of any property held in joint tenancy in the manner set forth in subsection 1 for the disposition of community property. If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may provide for the reimbursement of that party for his or her contribution. The amount of reimbursement must not exceed the amount of the contribution of separate property that can be traced to the acquisition or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value of the property held in joint tenancy. The amount of reimbursement must not exceed the value, at the time of the disposition, of the property held in joint tenancy for which the contribution of separate property was made. In determining whether to provide for the reimbursement, in whole or in part, of a party who has contributed separate property, the court shall consider:

      (a) The intention of the parties in placing the property in joint tenancy;

      (b) The length of the marriage; and

      (c) Any other factor which the court deems relevant in making a just and equitable disposition of that property.

Ê As used in this subsection, “contribution” includes, without limitation, a down payment, a payment for the acquisition or improvement of property, and a payment reducing the principal of a loan used to finance the purchase or improvement of property.

 


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and a payment reducing the principal of a loan used to finance the purchase or improvement of property. The term does not include a payment of interest on a loan used to finance the purchase or improvement of property, or a payment made for maintenance, insurance or taxes on property.

      3.  A party may file a postjudgment motion in any action for divorce, annulment or separate maintenance to obtain adjudication of any community property or liability omitted from the decree or judgment as the result of fraud or mistake. A motion pursuant to this subsection must be filed within 3 years after the discovery by the aggrieved party of the facts constituting the fraud or mistake. The court has continuing jurisdiction to hear such a motion and shall equally divide the omitted community property or liability between the parties unless the court finds that:

      (a) The community property or liability was included in a prior equal disposition of the community property of the parties or in an unequal disposition of the community property of the parties which was made pursuant to written findings of a compelling reason for making that unequal disposition; or

      (b) The court determines a compelling reason in the interests of justice to make an unequal disposition of the community property or liability and sets forth in writing the reasons for making the unequal disposition.

Ê If a motion pursuant to this subsection results in a judgment dividing a defined benefit pension plan, the judgment may not be enforced against an installment payment made by the plan more than 6 years after the installment payment.

      4.  Except as otherwise provided in NRS 125.141, whether or not application for suit money has been made under the provisions of NRS 125.040, the court may award a reasonable attorney’s fee to either party to an action for divorce.

      5.  In granting a divorce, the court may also set apart such portion of the [husband’s] separate property of either spouse for the [wife’s] other spouse’s support [, the wife’s separate property for the husband’s support] or the separate property of either spouse for the support of their children as is deemed just and equitable.

      6.  In the event of the death of either party or the subsequent remarriage of the spouse to whom specified periodic payments were to be made, all the payments required by the decree must cease, unless it was otherwise ordered by the court.

      7.  If the court adjudicates the property rights of the parties, or an agreement by the parties settling their property rights has been approved by the court, whether or not the court has retained jurisdiction to modify them, the adjudication of property rights, and the agreements settling property rights, may nevertheless at any time thereafter be modified by the court upon written stipulation signed and acknowledged by the parties to the action, and in accordance with the terms thereof.

      8.  If a decree of divorce, or an agreement between the parties which was ratified, adopted or approved in a decree of divorce, provides for specified periodic payments of alimony, the decree or agreement is not subject to modification by the court as to accrued payments. Payments pursuant to a decree entered on or after July 1, 1975, which have not accrued at the time a motion for modification is filed may be modified upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction for the modification. In addition to any other factors the court considers relevant in determining whether to modify the order, the court shall consider whether the income of the spouse who is ordered to pay alimony, as indicated on the spouse’s federal income tax return for the preceding calendar year, has been reduced to such a level that the spouse is financially unable to pay the amount of alimony the spouse has been ordered to pay.

 


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income of the spouse who is ordered to pay alimony, as indicated on the spouse’s federal income tax return for the preceding calendar year, has been reduced to such a level that the spouse is financially unable to pay the amount of alimony the spouse has been ordered to pay.

      9.  In addition to any other factors the court considers relevant in determining whether to award alimony and the amount of such an award, the court shall consider:

      (a) The financial condition of each spouse;

      (b) The nature and value of the respective property of each spouse;

      (c) The contribution of each spouse to any property held by the spouses pursuant to NRS 123.030;

      (d) The duration of the marriage;

      (e) The income, earning capacity, age and health of each spouse;

      (f) The standard of living during the marriage;

      (g) The career before the marriage of the spouse who would receive the alimony;

      (h) The existence of specialized education or training or the level of marketable skills attained by each spouse during the marriage;

      (i) The contribution of either spouse as homemaker;

      (j) The award of property granted by the court in the divorce, other than child support and alimony, to the spouse who would receive the alimony; and

      (k) The physical and mental condition of each party as it relates to the financial condition, health and ability to work of that spouse.

      10.  In granting a divorce, the court shall consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider:

      (a) Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and

      (b) Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.

      11.  If the court determines that alimony should be awarded pursuant to the provisions of subsection 10:

      (a) The court, in its order, shall provide for the time within which the spouse who is the recipient of the alimony must commence the training or education relating to a job, career or profession.

      (b) The spouse who is ordered to pay the alimony may, upon changed circumstances, file a motion to modify the order.

      (c) The spouse who is the recipient of the alimony may be granted, in addition to any other alimony granted by the court, money to provide for:

             (1) Testing of the recipient’s skills relating to a job, career or profession;

             (2) Evaluation of the recipient’s abilities and goals relating to a job, career or profession;

             (3) Guidance for the recipient in establishing a specific plan for training or education relating to a job, career or profession;

             (4) Subsidization of an employer’s costs incurred in training the recipient;

             (5) Assisting the recipient to search for a job; or

             (6) Payment of the costs of tuition, books and fees for:

 


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                   (I) The equivalent of a high school diploma;

                   (II) College courses which are directly applicable to the recipient’s goals for his or her career; or

                   (III) Courses of training in skills desirable for employment.

      12.  For the purposes of this section, a change of 20 percent or more in the gross monthly income of a spouse who is ordered to pay alimony shall be deemed to constitute changed circumstances requiring a review for modification of the payments of alimony. As used in this subsection, “gross monthly income” has the meaning ascribed to it in NRS 125B.070.

      Sec. 28. NRS 125.181 is hereby amended to read as follows:

      125.181  A marriage may be dissolved by the summary procedure for divorce set forth in NRS 125.181 to 125.184, inclusive, when all of the following conditions exist at the time the proceeding is commenced:

      1.  Either party has met the jurisdictional requirements of NRS 125.020.

      2.  The [husband and wife] spouses have lived separate and apart for 1 year without cohabitation or they are incompatible.

      3.  There are no minor children of the relationship of the parties born before or during the marriage or adopted by the parties during the marriage and [the] a wife, to her knowledge, is not pregnant, or the parties have executed an agreement as to the custody of any children and setting forth the amount and manner of their support.

      4.  There is no community or joint property or the parties have executed an agreement setting forth the division of community property and the assumption of liabilities of the community, if any, and have executed any deeds, certificates of title, bills of sale or other evidence of transfer necessary to effectuate the agreement.

      5.  The parties waive any rights to spousal support or the parties have executed an agreement setting forth the amount and manner of spousal support.

      6.  The parties waive their respective rights to written notice of entry of the decree of divorce, to appeal, to request findings of fact and conclusions of law and to move for a new trial.

      7.  The parties desire that the court enter a decree of divorce.

      Sec. 29. NRS 125.182 is hereby amended to read as follows:

      125.182  1.  A summary proceeding for divorce may be commenced by filing in any district court a joint petition, signed under oath by both [the husband and the wife,] spouses, stating that as of the date of filing, every condition set forth in NRS 125.181 has been met and specifying the:

      (a) Facts which support the jurisdictional requirements of NRS 125.020; and

      (b) Grounds for the divorce.

      2.  The petition must also state:

      (a) The date and the place of the marriage.

      (b) The mailing address of both [the husband and the wife.] spouses.

      (c) Whether there are minor children of the relationship of the parties born before or during the marriage or adopted by the parties during the marriage, or [the] a wife, to her knowledge, is pregnant.

      (d) Whether [the wife] either spouse elects to have his or her [maiden or] former name restored and, if so, the name to be restored.

      3.  An affidavit of corroboration of residency which complies with the provisions of subsections 1, 2 and 4 of NRS 125.123 must accompany the petition.

 


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the petition. If there is a marital settlement agreement which the parties wish the court to approve or make a part of the decree, it must be identified and attached to the petition as an exhibit.

      Sec. 30. NRS 125.210 is hereby amended to read as follows:

      125.210  1.  Except as otherwise provided in subsection 2, in any action brought pursuant to NRS 125.190, the court may:

      (a) Assign and decree to either spouse the possession of any real or personal property of the other spouse;

      (b) Order or decree the payment of a fixed sum of money for the support of the other spouse and their children;

      (c) Provide that the payment of that money be secured upon real estate or other security, or make any other suitable provision; and

      (d) Determine the time and manner in which the payments must be made.

      2.  The court may not:

      (a) Assign and decree to either spouse the possession of any real or personal property of the other spouse; or

      (b) Order or decree the payment of a fixed sum of money for the support of the other spouse,

Ê if it is contrary to a premarital agreement between the spouses which is enforceable pursuant to chapter 123A of NRS.

      3.  Unless the action is contrary to a premarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS, in determining whether to award money for the support of a spouse or the amount of any award of money for the support of a spouse, the court shall not attach, levy or seize by or under any legal or equitable process, either before or after receipt by a veteran, any federal disability benefits awarded to a veteran for a service-connected disability pursuant to 38 U.S.C. §§ 1101 to 1151, inclusive.

      4.  Except as otherwise provided in chapter 130 of NRS, the court may change, modify or revoke its orders and decrees from time to time.

      5.  No order or decree is effective beyond the joint lives of the [husband and wife.] spouses.

      Sec. 31. NRS 125.290 is hereby amended to read as follows:

      125.290  All marriages which are prohibited by law because of:

      1.  Consanguinity between the parties; or

      2.  Either of the parties having a former [husband or wife] spouse then living, if solemnized within this State,

Ê are void without any decree of divorce or annulment or other legal proceedings. A marriage void under this section shall not bar prosecution for the crime of bigamy pursuant to NRS 201.160.

      Sec. 32. NRS 125.320 is hereby amended to read as follows:

      125.320  1.  When the consent of [the father, mother,] a parent, guardian or district court, as required by NRS 122.020 or 122.025, has not been obtained, the marriage is void from the time its nullity is declared by a court of competent jurisdiction.

      2.  If the consent required by NRS 122.020 or 122.025 is not first obtained, the marriage contracted without the consent of [the father, mother,] a parent, guardian or district court may be annulled upon application by or on behalf of the person who fails to obtain such consent, unless such person after reaching the age of 18 years freely cohabits for any time with the other party to the marriage as [husband and wife.]

 


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party to the marriage as [husband and wife.] a married couple. Any such annulment proceedings must be brought within 1 year after such person reaches the age of 18 years.

      Sec. 33. NRS 125.330 is hereby amended to read as follows:

      125.330  1.  When either of the parties to a marriage for want of understanding shall be incapable of assenting thereto, the marriage shall be void from the time its nullity shall be declared by a court of competent authority.

      2.  The marriage of any insane person shall not be adjudged void, after his or her restoration to reason, if it shall appear that the parties freely cohabited together as [husband and wife] a married couple after such insane person was restored to a sound mind.

      Sec. 34. NRS 125.340 is hereby amended to read as follows:

      125.340  1.  If the consent of either party was obtained by fraud and fraud has been proved, the marriage shall be void from the time its nullity shall be declared by a court of competent authority.

      2.  No marriage may be annulled for fraud if the parties to the marriage voluntarily cohabit as [husband and wife] a married couple having received knowledge of such fraud.

      Sec. 35. NRS 125A.515 is hereby amended to read as follows:

      125A.515  1.  Unless the court issues a temporary emergency order pursuant to NRS 125A.335, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:

      (a) The child custody determination has not been registered and confirmed pursuant to NRS 125A.465 and that:

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

             (2) The child custody determination for which enforcement is sought has been vacated, stayed or modified by a court of a state having jurisdiction to do so pursuant to NRS 125A.305 to 125A.395, inclusive; or

             (3) The respondent was entitled to notice, but notice was not given in accordance with the standards of NRS 125A.255, in the proceedings before the court that issued the order for which enforcement is sought; or

      (b) The child custody determination for which enforcement is sought was registered and confirmed pursuant to NRS 125A.465, but has been vacated, stayed or modified by a court of a state having jurisdiction to do so pursuant to NRS 125A.305 to 125A.395, inclusive.

      2.  The court shall award the fees, costs and expenses authorized pursuant to NRS 125A.535 and may grant additional relief, including a request for the assistance of law enforcement officers, and set a further hearing to determine whether additional relief is appropriate.

      3.  If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.

      4.  A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of [husband and wife] a married couple or parent and child may not be invoked in a proceeding conducted pursuant to NRS 125A.405 to 125A.585, inclusive.

 


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      Sec. 36. NRS 128.060 is hereby amended to read as follows:

      128.060  1.  After a petition has been filed, unless the party or parties to be served voluntarily appear and consent to the hearing, the court shall direct the clerk to issue a notice, reciting briefly the substance of the petition and stating the date set for the hearing thereof, and requiring the person served therewith to appear before the court at the time and place if that person desires to oppose the petition.

      2.  The following persons must be personally served with the notice:

      (a) [The father or mother] Either parent of the minor person, if residing within this State, and if his or her place of residence is known to the petitioner, or, if there is no parent so residing, or if the place of residence of [the father or mother] either parent is not known to the petitioner, then the nearest known relative of that person, if there is any residing within the State, and if his or her residence and relationship are known to the petitioner; and

      (b) The minor’s legal custodian or guardian, if residing within this State and if his or her place of residence is known to the petitioner.

      3.  If the petitioner or the child is receiving public assistance, the petitioner shall mail a copy of the notice of hearing and a copy of the petition to the Chief of the Child Support Enforcement Program of the Division of Welfare and Supportive Services of the Department of Health and Human Services by registered or certified mail return receipt requested at least 45 days before the hearing.

      Sec. 37. NRS 128.070 is hereby amended to read as follows:

      128.070  1.  When [the father or mother] either parent of a minor child or the child’s legal custodian or guardian resides out of the State, has departed from the State, or cannot, after due diligence, be found within the State, or conceals himself or herself to avoid the service of the notice of hearing, and the fact appears, by affidavit, to the satisfaction of the court thereof, and it appears, either by affidavit or by a verified petition on file, that the named [father or mother] parent or custodian or guardian is a necessary or proper party to the proceedings, the court may grant an order that the service be made by the publication of the notice of hearing. When the affidavit is based on the fact that the [father or mother] parent or custodian or guardian resides out of the State, and his or her present address is unknown, it is a sufficient showing of that fact if the affiant states generally in the affidavit that:

      (a) At a previous time the person resided out of this State in a certain place (naming the place and stating the latest date known to the affiant when the person so resided there);

      (b) That place is the last place in which the person resided to the knowledge of the affiant;

      (c) The person no longer resides at that place;

      (d) The affiant does not know the present place of residence of the person or where the person can be found; and

      (e) The affiant does not know and has never been informed and has no reason to believe that the person now resides in this State.