[Rev. 11/14/2017 11:53:19 AM]

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CHAPTER 172, AB 319

Assembly Bill No. 319–Assemblyman Sprinkle

 

Joint Sponsor: Senator Harris

 

CHAPTER 172

 

[Approved: May 26, 2017]

 

AN ACT relating to guardianships; revising provisions governing the guardianship of minors; authorizing the appointment of a guardian ad litem or an advocate for the best interests of a proposed protected minor in guardianship proceedings; revising the required contents of a citation in guardianship proceedings for a protected minor; revising the procedures for requesting the appointment of a temporary guardian for certain minors; requiring the assignment of child support payments to a guardian for the support of a protected minor; authorizing the award of visitation rights between a protected minor and certain relatives; revising the factors for consideration in guardianship determinations regarding a protected minor; revising provisions for changing the residence of a protected minor to a location outside of this State; revising provisions governing obligations due to or for a protected minor; establishing certain requirements for the filing of a verified account upon the emancipation of a protected minor; providing for the extension or establishment of a guardianship of a minor after the age of majority; establishing certain required showings for certain terminations of guardianships; making various other changes pertaining to guardianships; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law sets forth the procedures for the appointment of a guardian for a ward, the powers and duties of a guardian and the termination of a guardianship. (Chapter 159 of NRS) Sections 2-157 of this bill create a new chapter applicable exclusively to guardianships of minors, incorporating, revising and supplementing those provisions from existing law as they currently relate to minors.

      Section 27: (1) authorizes the court to appoint a guardian ad litem or an advocate for the best interests of a proposed protected minor; (2) sets forth the role of the guardian ad litem or advocate as an officer of the court; and (3) sets forth provisions governing the compensation of a guardian ad litem or advocate.

      Existing law requires a citation issued pursuant to a petition for the appointment of a guardian to include certain specified information concerning the rights of a proposed ward. (NRS 159.048) Section 31 adds the requirement that a citation also include notice that: (1) the rights of any person having legal or physical custody of a proposed protected minor may be affected as specified in the petition; and (2) at any time in the proceedings, the court may appoint for the proposed protected minor an attorney, a guardian ad litem and an advocate for the best interests of the proposed protected minor.

      Existing law provides that a petitioner may request the appointment of a temporary guardian for a ward who is a minor and who is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention. (NRS 159.052) Section 36 of this bill revises the procedure by which a petitioner may request the appointment of a temporary guardian for a minor who is in need of immediate medical attention by eliminating the requirement that the petition be supported by a letter signed by a governmental agency in this State which conducts investigations or a police report indicating whether the proposed ward presents a danger to himself or herself or others, or whether the proposed ward is or has been subjected to abuse, neglect or exploitation.

 


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conducts investigations or a police report indicating whether the proposed ward presents a danger to himself or herself or others, or whether the proposed ward is or has been subjected to abuse, neglect or exploitation.

      Section 37 of this bill establishes a procedure by which a petitioner may, by verified petition, request the appointment of a temporary guardian for the person of a proposed protected minor, for his or her estate or for both, in circumstances other than when the minor is in need of immediate medical attention. Section 37 requires the petition to state facts establishing good cause for the appointment of a temporary guardian and which show that: (1) the petitioner has tried in good faith to give notice of the petition as required by statute; (2) the minor would be at risk of immediate physical, emotional or financial harm if such notice were to be provided before the court determines whether to appoint a temporary guardian; or (3) giving such notice is not feasible under the circumstances. Section 37 eliminates a requirement that the court limit the powers of a temporary guardian for a protected minor to those necessary to respond to the risk which threatens the minor. Section 37 requires, in the case of an ex parte application, the petition be accompanied by an affidavit which explains the emergency. Section 37 also provides that, if no parent of a proposed protected minor has had the care, custody and control of the minor for the 6 months immediately preceding the petition, temporary guardianship is presumed to be in the minor’s best interest. Finally, section 37 provides that the court may extend a temporary guardianship beyond an initial period of 10 days for not more than two successive 60-day periods unless extraordinary circumstances necessitate a longer duration for the temporary guardianship.

      Section 41 requires the assignment of payments of court-ordered child support to the guardian for the support of a protected minor.

      Section 42 authorizes the award of rights of visitation between a protected minor and his or her parents or relatives who are within the fourth degree of consanguinity.

      Existing law states that the parents of a minor, if qualified and suitable, are preferred over all others for appointment as guardian for the minor and sets forth certain factors for consideration by the court in determining the qualifications and suitability of any person who is proposed for appointment as guardian. (NRS 159.061) Section 46 revises these provisions by establishing a presumption that a parent who petitioned for guardianship of a minor is suitable to serve as guardian, except when a countering presumption that a parent is unsuitable to care for the proposed protected minor is created by a showing that: (1) the parent is unable to provide for the basic needs of the minor; (2) the parent poses a significant risk of physical or emotional danger to the minor; or (3) the minor has not been in the care, custody and control of the parent for the 6 months immediately preceding the filing of the petition. Section 46 also adds to the factors for consideration by the court the question of whether the parent or another person has engaged in domestic violence against the proposed protected minor, a parent of the minor or any other person who resides with the minor. Section 46 provides that, in the event of competing petitions, any finding of unsuitability of a parent must be supported by clear and convincing evidence after a hearing on the merits or an evidentiary hearing. Section 46 authorizes the court to award temporary guardianship, supported by findings of suitability, pending a trial or evidentiary hearing. Finally, section 46 requires the court to always act in the best interests of the proposed protected minor.

      Existing law: (1) requires a guardian to petition the court to change the residence of a ward to a location outside of this State; and (2) authorizes a guardian to move or place the ward in a secured residential long-term care facility without filing a petition if the court has previously granted the guardian such authority or the move or placement is pursuant to a written recommendation by a licensed physician, a physician employed by the Department of Veterans Affairs, a licensed social worker or an employee of a county or state office for protective services. (NRS 159.079) Section 61 requires a guardian to file a petition for guardianship of a protected minor in the state of the minor’s new residence not later than 6 months after changing the residence of the minor to a location outside of this State. Section 61 also requires a guardian to file a petition with the court for authorization to move a protected minor to a secured residential long-term facility in all circumstances.

 


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guardian to file a petition with the court for authorization to move a protected minor to a secured residential long-term facility in all circumstances.

      Section 73 revises provisions governing obligations due to or for a protected minor to provide for the payment of child support to a guardian for the support of the minor and to require a guardian to give notice to the court of the entry of an order for the payment of support for the minor or the approval of any public assistance for the minor.

      Section 108 sets forth circumstances under which a guardian may sell, dispose of or authorize the immediate destruction of personal property of a protected minor without notice.

      Section 110 provides that a guardian may sell the personal property of a protected minor only after notice of intent to sell is provided to the protected minor and all interested parties by personal delivery or by certified mail.

      Section 128 requires a guardian of the estate of a minor to make and file a verified account within 90 days after the emancipation of the minor, unless the court authorizes a longer period.

      Existing law sets forth circumstances under which the guardianship of the person or the estate of a ward is terminated. (NRS 159.191) Section 144 provides that a hearing may be held not later than 90 days before the protected minor reaches the age of majority to determine whether guardianship is needed or requested beyond the age of majority and whether the guardian should be notified of any requirements of the guardianship which require compliance. Section 144 also provides for the filing of a petition for guardianship pursuant to existing law governing guardianships for adults if the court determines that, upon reaching the age of majority, a protected minor would be deemed an incompetent adult.

      Section 145 sets forth certain showings that a parent of a protected minor must make to terminate the guardianship of the minor.

      Sections 158-192 of this bill revise the provisions of existing law in chapter 159 of NRS governing guardianships of adults to apply exclusively to guardianships of adults.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Title 13 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 157, inclusive, of this act.

      Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 14, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Care provider” includes any public or private institution located within or outside this State which provides facilities for the care or maintenance of minors.

      Sec. 4. “Citation” means a document issued by the clerk of the court, as authorized by statute or ordered by the court, requiring a person to appear, directing a person to act or conduct himself or herself in a specified way, or notifying a person of a hearing.

      Sec. 5. “Court” means any court or judge having jurisdiction of the persons and estates of minors.

      Sec. 6. “Guardian” means any person appointed under this chapter as guardian of the person, of the estate, or of the person and estate for any other person, and includes an organization under NRS 662.245 and joint appointees.

 


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appointees. The term includes, without limitation, if the context so requires, a person appointed in another state who serves in the same capacity as a guardian in this State.

      Sec. 7. “Home state” means the state in which the proposed protected minor was physically present for at least 6 consecutive months, including any temporary absence from the state, immediately before the filing of a petition for the appointment of a guardian.

      Sec. 8. “Minor” means any person who is:

      1.  Less than 18 years of age; or

      2.  Less than 19 years of age if the guardianship is continued until the person reaches the age of 19 years pursuant to section 144 of this act.

      Sec. 9. 1.  “Private professional guardian” means a person who receives compensation for services as a guardian to three or more wards who are not related to the guardian by blood or marriage.

      2.  For the purposes of this chapter, the term includes:

      (a) A person who serves as a private professional guardian and who is required to have a license issued pursuant to chapter 628B of NRS.

      (b) A person who serves as a private professional guardian but who is exempt pursuant to NRS 159.0595 or 628B.110 or section 45 of this act from the requirement to have a license issued pursuant to chapter 628B of NRS.

      3.  The term does not include:

      (a) A governmental agency.

      (b) A public guardian appointed or designated pursuant to the provisions of chapter 253 of NRS.

      Sec. 10. “Proposed protected minor” means any minor for whom proceedings for the appointment of a guardian have been initiated in this State or, if the context so requires, for whom similar proceedings have been initiated in another state.

      Sec. 11. “Protected minor” means any minor for whom a guardian has been appointed.

      Sec. 12. “Secured residential long-term care facility” has the meaning ascribed to it in NRS 159.0255.

      Sec. 13. “State” has the meaning ascribed to it in NRS 159.0265.

      Sec. 14. “Ward” means any person for whom a guardian has been appointed.

      Sec. 15. As used in this chapter, unless the context otherwise requires, when the term “writing” or “written” is used in reference to a will or instrument, the term includes an electronic will as defined in NRS 132.119 and an electronic trust as defined in NRS 163.0015.

      Sec. 16. Except as otherwise provided in this chapter, the provisions of this chapter do not apply to guardians ad litem.

      Sec. 17. 1.  Except as otherwise provided in this section, by specific statute or as ordered by the court, a petitioner in a guardianship proceeding shall give notice of the time and place of the hearing on any petition filed in the guardianship proceeding to:

      (a) Any protected minor who is 14 years of age or older.

      (b) The parent or legal guardian of any protected minor who is less than 14 years of age.

      (c) All known relatives of the protected minor who are within the second degree of consanguinity.

 


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      (d) Any other interested person or the person’s attorney who has filed a request for notice in the guardianship proceedings and has served a copy of the request upon the guardian. The request for notice must state the interest of the person filing the request and the person’s name and address, or that of his or her attorney.

      (e) The guardian, if the petitioner is not the guardian.

      (f) Any person or care provider who is providing care for the protected minor, except that if the person or care provider is not related to the protected minor, such person or care provider must not receive copies of any inventory or accounting.

      (g) The Director of the Department of Health and Human Services if the protected minor has received or is receiving benefits from Medicaid.

      (h) Those persons entitled to notice if a proceeding were brought in the protected minor’s home state.

      2.  The petitioner shall give notice not later than 10 days before the date set for the hearing:

      (a) By mailing a copy of the notice by certified, registered or ordinary first-class mail to the residence, office or post office address of each person required to be notified pursuant to this section;

      (b) By personal service; or

      (c) In any other manner ordered by the court, upon a showing of good cause.

      3.  Except as otherwise provided in this subsection, if none of the persons entitled to notice of a hearing on a petition pursuant to this section can, after due diligence, be served by certified mail or personal service and this fact is proven by affidavit to the satisfaction of the court, service of the notice must be made by publication in the manner provided by N.R.C.P. 4(e). In all such cases, the notice must be published not later than 10 days before the date set for the hearing. If, after the appointment of a guardian, a search for relatives of the protected minor listed in paragraph (c) of subsection 1 fails to find any such relative, the court may waive the notice by publication required by this subsection.

      4.  For good cause shown, the court may waive the requirement of giving notice.

      5.  A person entitled to notice pursuant to this section may waive such notice. Such a waiver must be in writing and filed with the court.

      6.  On or before the date set for the hearing, the petitioner shall file with the court proof of giving notice to each person entitled to notice pursuant to this section.

      Sec. 18. If publication of a notice or citation is required pursuant to this chapter, the court may, for good cause shown:

      1.  Allow fewer publications to be made within the time for publication; and

      2.  Extend or shorten the time in which the publications must be made.

      Sec. 19. If a petition, notice, objection, consent, waiver or other paper may be filed, a true and correct facsimile of it may be filed, if the original is filed within a reasonable time or at such time prescribed by the court.

      Sec. 20. All notices required to be given by this chapter may be given by the clerk of the court without an order from the court, and when so given, for the time and in the manner required by law, they are legal and valid as though made upon an order from the court. If use of a citation is authorized or required by statute, the citation may be issued by the clerk of the court on the request of a party or the party’s attorney without a court order, unless an order is expressly required by statute.

 


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the court on the request of a party or the party’s attorney without a court order, unless an order is expressly required by statute.

      Sec. 21. 1.  The venue for the appointment of a guardian when the proposed protected minor’s home state is this State must be the county where the proposed protected minor resides.

      2.  If the proper venue may be in two or more counties, the county in which the proceeding is first commenced is the proper county in which to continue the proceedings.

      3.  Upon the filing of a petition showing that the proper venue is inconvenient, a venue other than that provided in subsection 1 may accept the proceeding.

      Sec. 22. 1.  If proceedings for the appointment of a guardian for the same proposed protected minor are commenced in more than one county in this State, and the proposed protected minor’s home state is this State, the proceedings must be stayed, except in the county where first commenced, until final determination of venue in that county. If the proper venue is finally determined to be in another county, the court shall cause a transcript of the proceedings and all original papers filed therein, all certified by the clerk of the court, to be sent to the clerk of the court of the proper county.

      2.  A proceeding is considered commenced by the filing of a petition.

      3.  The proceedings first legally commenced for the appointment of a guardian of the estate or of the person and estate extend to all the property of the proposed protected minor which is in this State.

      Sec. 23. A court having before it any guardianship matter for a minor whose home state is this State may transfer the matter to another county in the interest of the minor or, if not contrary to the interest of the minor, for the convenience of the guardian. A petition for the transfer, setting forth the reasons therefor, may be filed in the guardianship proceeding. If the court is satisfied that the transfer is in the interest of the minor or, if not contrary to the interest of the minor, for the convenience of the guardian, the court shall make an order of transfer and cause a transcript of the proceedings in the matter, all original papers filed in such proceedings and the original bond filed by the guardian, to be certified by the clerk of the court originally hearing the matter and sent to the clerk of the court of the other county. Upon receipt of the transcript, papers and bond, and the filing of them for record, the court of the other county has complete jurisdiction of the matter, and thereafter all proceedings must be as though they were commenced in that court.

      Sec. 24. 1.  All petitions filed in a guardianship proceeding pursuant to this chapter must bear the title of the court and cause.

      2.  The caption of all petitions and other documents filed in a guardianship proceeding pursuant to this chapter must read, “In The Matter of the Guardianship of................ (the person, the estate, or the person and estate),................ (the legal name of the person), minor.”

      Sec. 25. 1.  Except as otherwise provided in NRS 127.045, a proposed protected minor, a governmental agency, a nonprofit corporation or any interested person may petition the court for the appointment of a guardian.

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

 


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      (a) The name and address of the petitioner.

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

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

             (1) A social security number;

             (2) A birth certificate;

             (3) A valid driver’s license number;

             (4) A valid identification card number; or

             (5) A valid passport number.

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

      (d) The date on which the proposed protected minor will attain the age of majority and:

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

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

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

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

      (g) The name, date of birth and current address of the proposed guardian. If the proposed guardian is a private professional guardian, the petition must include proof that the guardian meets the requirements of section 45 of this act. If the proposed guardian is not a private professional guardian, the petition must include a statement that the guardian currently is not receiving compensation for services as a guardian to more than one ward who is not related to the person by blood or marriage.

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

             (1) A social security number;

             (2) A birth certificate;

             (3) A valid driver’s license number;

             (4) A valid identification card number; or

             (5) A valid passport number.

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

      (j) A summary of the reasons why a guardian is needed and any available documentation demonstrating the need for a guardianship, including, without limitation, any orders or other information from a court concerning the custody of the proposed protected minor.

 


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      (k) A general description and the probable value of the property of the proposed protected minor and any income to which the proposed protected minor is or will be entitled, if the petition is for the appointment of a guardian of the estate.

      (l) The name and address of any person or care provider having the care, custody or control of the proposed protected minor.

      (m) If a petitioner is not a parent of the proposed protected minor, a declaration explaining the relationship of the petitioner to the proposed protected minor or to the proposed protected minor’s parents and the interest, if any, of that petitioner in the appointment.

      (n) Requests for any of the specific powers set forth in sections 117 to 126, inclusive, of this act necessary to enable the guardian to carry out the duties of the guardianship.

      (o) If the guardianship is sought as the result of an investigation of a report of abuse or neglect of the proposed protected minor, whether the referral was from a law enforcement agency or a state or county agency.

      (p) Whether the proposed protected minor or the proposed guardian is a party to any pending criminal or civil litigation.

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

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

      Sec. 26. 1.  On or after the date of the filing of a petition to appoint a guardian:

      (a) The court may appoint an attorney to represent the protected minor or proposed protected minor; and

      (b) The attorney must represent the protected minor or proposed protected minor until relieved of that duty by court order.

      2.  The attorney is entitled to reasonable compensation from the estate of the protected minor or proposed protected minor. If the court finds that a person has unnecessarily or unreasonably caused the appointment of an attorney, the court may order the person to pay to the estate of the protected minor or proposed protected minor all or part of the expenses associated with the appointment of the attorney.

      3.  An attorney who is appointed pursuant to subsection 1 may not serve as a guardian ad litem or an advocate for the best interests of a protected minor or proposed protected minor.

      Sec. 27. 1.  The court may appoint a guardian ad litem or an advocate for the best interests of a protected minor or proposed protected minor who is the subject of guardianship proceedings conducted pursuant to this chapter if the court believes that the minor could benefit from that appointment.

      2.  The court may not appoint an attorney as a guardian ad litem or an advocate for the best interests of a protected minor or proposed protected minor unless:

      (a) The court believes that an attorney who represents the protected minor or proposed protected minor is unable to provide information which is required by the court to make a determination on the best interests of the minor;

      (b) No volunteer is available to serve as an advocate; or

 


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      (c) Extraordinary circumstances exist in which an attorney may assist the court as an advocate.

      3.  A guardian ad litem or an advocate for the best interests of a protected minor or proposed protected minor who is appointed pursuant to subsection 1:

      (a) Is an officer of the court;

      (b) Does not represent the protected minor or proposed protected minor;

      (c) Shall not offer legal advice;

      (d) Is not a party to the case;

      (e) Shall advocate for the best interests of the protected minor or proposed protected minor;

      (f) Shall provide information to the court in accordance with applicable court rule; and

      (g) Shall serve until relieved of that duty by court order.

      4.  A guardian ad litem or an advocate for the best interests of a protected minor or proposed protected minor is entitled to reasonable compensation from the estate of the protected minor or proposed protected minor. If the protected minor or proposed protected minor is indigent, the court may order such compensation to be paid by the county. If the court finds that a person has unnecessarily or unreasonably caused the appointment of a guardian ad litem or an advocate for the best interests of a protected minor or proposed protected minor, the court may order the person to pay to the estate of the protected minor or proposed protected minor all or part of the expenses associated with the appointment of the guardian ad litem or advocate for the best interests of the protected minor or proposed protected minor.

      Sec. 28. 1.  Upon filing of the petition, or any time thereafter, the court may appoint one or more investigators to:

      (a) Locate persons who perform services needed by the proposed protected minor and other public and private resources available to the proposed protected minor.

      (b) Determine any competing interests in the appointment of a guardian.

      (c) Investigate allegations or claims which affect a proposed protected minor.

      (d) Investigate the suitability of a proposed guardian to provide for the basic needs of a proposed protected minor, including, without limitation, food, clothing, shelter, medical care and education.

      (e) Locate relatives of the proposed protected minor who are within the second degree of consanguinity.

      2.  An investigator may be an employee of the court or a person retained under contract with the court.

      3.  An investigator shall file with the court and parties a report concerning the scope of the appointment of the guardian and any special powers which a guardian would need to assist the proposed protected minor.

      4.  If the court finds that a person has unnecessarily or unreasonably caused the investigation, the court may order the person to pay to the court all or part of the expenses associated with the investigation.

      Sec. 29. 1.  Except as otherwise provided in sections 30, 35, 36 and 37 of this act, upon the filing of a petition under section 25 of this act, the clerk shall issue a citation setting forth a time and place for the hearing and directing the persons or care provider referred to in subsection 2 to appear and show cause why a guardian should not be appointed for the proposed protected minor.

 


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clerk shall issue a citation setting forth a time and place for the hearing and directing the persons or care provider referred to in subsection 2 to appear and show cause why a guardian should not be appointed for the proposed protected minor.

      2.  A citation issued under subsection 1 must be served upon:

      (a) A proposed protected minor who is 14 years of age or older;

      (b) All known relatives of the proposed protected minor who are:

             (1) Fourteen years of age or older; and

             (2) Within the second degree of consanguinity;

      (c) The parents and custodian of the proposed protected minor;

      (d) Any person or officer of a care provider having the care, custody or control of the proposed protected minor;

      (e) The proposed guardian, if the petitioner is not the proposed guardian; and

      (f) The Director of the Department of Health and Human Services if the proposed protected minor has received or is receiving any benefits from Medicaid.

      Sec. 30. 1.  A copy of the citation issued pursuant to section 29 of this act must be served by:

      (a) Certified mail, with a return receipt requested, on each person required to be served pursuant to section 29 of this act at least 20 days before the hearing; or

      (b) Personal service in the manner provided pursuant to N.R.C.P. 4(d) at least 10 days before the date set for the hearing on each person required to be served pursuant to section 29 of this act.

      2.  If none of the persons on whom the citation is to be served can, after due diligence, be served by certified mail or personal service and this fact is proven, by affidavit, to the satisfaction of the court, service of the citation must be made by publication in the manner provided by N.R.C.P. 4(e). In all such cases, the citation must be published at least 20 days before the date set for the hearing.

      3.  A citation need not be served on a person or an officer of the care provider who has signed the petition or a written waiver of service of citation or who makes a general appearance.

      4.  The court may find that notice is sufficient if:

      (a) The citation has been served by certified mail, with a return receipt requested, or by personal service on the proposed protected minor, care provider or guardian required to be served pursuant to section 29 of this act; and

      (b) At least one relative of the proposed protected minor who is required to be served pursuant to section 29 of this act has been served, as evidenced by the return receipt or the certificate of service. If the court finds that at least one relative of the proposed protected minor has not received notice that is sufficient, the court will require the citation to be published pursuant to subsection 2.

      Sec. 31. The citation issued pursuant to section 29 of this act must state that:

      1.  A guardian may be appointed for the proposed protected minor;

      2.  The rights of the proposed protected minor and of any person having legal or physical custody of the proposed protected minor may be affected as specified in the petition;

 


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      3.  The proposed protected minor has the right to appear at the hearing and to oppose the petition;

      4.  The proposed protected minor has the right to be represented by an attorney; and

      5.  At any time during proceedings on the citation, the court may appoint for the proposed protected minor:

      (a) An attorney.

      (b) A guardian ad litem or an advocate for the best interests of the proposed protected minor pursuant to section 27 of this act.

      Sec. 32. A protected minor or proposed protected minor who is the subject of proceedings held pursuant to this chapter may be represented by an attorney at all stages of the proceedings. If the protected minor or proposed protected minor is represented by an attorney, the attorney has the same authority and rights as an attorney representing a party to the proceedings.

      Sec. 33. 1.  A court may find that a petitioner is a vexatious litigant if a person, other than the protected minor:

      (a) Files a petition which is without merit or intended to harass or annoy the guardian; and

      (b) Has previously filed pleadings in a guardianship proceeding that were without merit or intended to harass or annoy the guardian.

      2.  If a court finds a person is a vexatious litigant pursuant to subsection 1, the court may impose sanctions on the petitioner in an amount sufficient to reimburse the estate of the protected minor for all or part of the expenses incurred by the estate of the protected minor to defend the petition, to respond to the petition and for any other pecuniary losses which are associated with the petition.

      Sec. 34. Any court of competent jurisdiction may appoint:

      1.  Guardians of the person, of the estate, or of the person and estate for minors whose home state is this State.

      2.  Guardians of the person or of the person and estate for minors who, although not residents of this State, are physically present in this State and whose welfare requires such an appointment.

      3.  Guardians of the estate for nonresident minors who have property within this State.

      4.  Guardians ad litem.

      Sec. 35. The court may, without issuing a citation, appoint a guardian for the proposed protected minor if the petitioner is a parent who has sole legal and physical custody of the proposed protected minor as evidenced by a valid court order or birth certificate and who is seeking the appointment of a guardian for the minor child of the parent. If the proposed protected minor is a minor who is 14 years of age or older:

      1.  The petition must be accompanied by the written consent of the minor to the appointment of the guardian; or

      2.  The minor must consent to the appointment of the guardian in open court.

      Sec. 36. 1.  A petitioner may request the court to appoint a temporary guardian for a proposed protected minor who is in need of immediate medical attention which he or she cannot obtain without the appointment of a temporary guardian. To support the request, the petitioner must set forth in a petition and present to the court under oath:

 


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      (a) Documentation which shows that the proposed protected minor needs immediate medical attention and, without the appointment of a temporary guardian, cannot obtain that medical attention. Such documentation must include, without limitation, a copy of the birth certificate of the proposed protected minor or other documentation verifying the age of the proposed protected minor.

      (b) Facts which show that:

             (1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to section 29 of this act by telephone or in writing before the filing of the petition;

             (2) The proposed protected minor would be exposed to an immediate risk of physical harm if the petitioner were to provide notice to the persons entitled to notice pursuant to section 29 of this act before the court determines whether to appoint a temporary guardian; or

             (3) Giving notice to the persons entitled to notice pursuant to section 29 of this act is not feasible under the circumstances.

      2.  The court may appoint a temporary guardian to serve for 10 days if the court:

      (a) Finds reasonable cause to believe that the proposed protected minor is in need of immediate medical attention which he or she cannot obtain without the appointment of a temporary guardian; and

      (b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice pursuant to section 29 of this act or that giving notice to those persons is not feasible under the circumstances, or determines that such notice is not required pursuant to subparagraph (2) of paragraph (b) of subsection 1.

      3.  Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to section 29 of this act, including, without limitation, notice of any hearing to extend the temporary guardianship. If the petitioner fails to make such an effort, the court may terminate the temporary guardianship.

      4.  If, before the appointment of a temporary guardian, the court was satisfied that giving notice to the persons entitled to notice pursuant to section 29 of this act was not feasible under the circumstances or determined that such notice was not required pursuant to subparagraph (2) of paragraph (b) of subsection 1, the petitioner shall notify the persons entitled to notice pursuant to section 29 of this act without undue delay, but not later than 48 hours after the appointment of the temporary guardian or not later than 48 hours after the petitioner discovers the existence, identity and location of the persons entitled to notice pursuant to that section. If the petitioner fails to provide such notice, the court may terminate the temporary guardianship.

      5.  Not later than 10 days after the date of the appointment of a temporary guardian pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in subsection 7, if the court finds by clear and convincing evidence that the protected minor continues to be in need of immediate medical attention which he or she cannot obtain without the extension of the temporary guardianship, the court may, pursuant to subsection 8, extend the temporary guardianship until a general guardian is appointed.

 


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      6.  If the court appoints a temporary guardian or extends a temporary guardianship pursuant to this section, the court shall limit the powers of the temporary guardian to those necessary to respond to the need for immediate medical attention.

      7.  The court may not extend a temporary guardianship pursuant to subsection 5 beyond the initial period of 10 days unless the petitioner demonstrates that:

      (a) The provisions of section 30 of this act have been satisfied; or

      (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being undertaken.

      8.  The court may extend the temporary guardianship, for good cause shown, for not more than two successive 60-day periods.

      Sec. 37. 1.  A petitioner may request that the court appoint a temporary guardian for the person or the estate, or both, of a proposed protected minor by filing a verified petition.

      2.  The petition must state facts which establish good cause for the appointment of a temporary guardian and which show that:

      (a) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to section 29 of this act by telephone or in writing before the filing of the petition;

      (b) The proposed protected minor would be exposed to an immediate risk of physical, emotional or financial harm if the petitioner were to provide notice to the persons entitled to notice pursuant to section 29 of this act before the court determines whether to appoint a temporary guardian; or

      (c) Giving notice to the persons entitled to notice pursuant to section 29 of this act is not feasible under the circumstances.

      3.  A petition which seeks an ex parte appointment of a temporary guardian must be accompanied by an affidavit which explains the emergency that requires a temporary guardian to be appointed before a hearing.

      4.  If no parent of the proposed protected minor has had the care, custody and control of the minor for the 6 months immediately preceding the petition, temporary guardianship of the person of the minor is presumed to be in the best interest of the minor.

      5.  The court may, upon that petition or other showing as it may require, appoint a temporary guardian of the person or the estate, or both, of the proposed protected minor.

      6.  Except as otherwise provided in subsection 7, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to section 29 of this act, including, without limitation, notice of any hearing to extend the temporary guardianship. If the petitioner fails to make such an effort, the court may terminate the temporary guardianship.

      7.  If, before the appointment of a temporary guardian, the court was satisfied that giving notice to the persons entitled to notice pursuant to section 29 of this act was not feasible under the circumstances or determined that such notice was not required pursuant to paragraph (b) or (c) of subsection 2, the petitioner shall notify the persons entitled to notice pursuant to section 29 of this act without undue delay, but not later than 48 hours after the appointment of the temporary guardian or not later than 48 hours after the petitioner discovers the existence, identity and location of the persons entitled to notice pursuant to that section.

 


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the persons entitled to notice pursuant to that section. If the petitioner fails to provide such notice, the court may terminate the temporary guardianship.

      8.  Not later than 10 days after the date of an ex parte appointment of a temporary guardian pursuant to subsection 5, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in subsection 9, if the court finds by clear and convincing evidence that the protected minor continues to be in need of a temporary guardian, the court may, pursuant to subsection 10, extend the temporary guardianship until a general guardian is appointed.

      9.  The court may not extend a temporary guardianship pursuant to subsection 8 beyond the initial period of 10 days unless the petitioner demonstrates that:

      (a) The provisions of section 30 of this act have been satisfied; or

      (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being undertaken.

      10.  The court may extend the temporary guardianship, for good cause shown, for not more than two successive 60-day periods, unless extraordinary circumstances necessitate a longer duration for the temporary guardianship.

      11.  If for any reason a guardian who is appointed for a protected minor cannot perform the duties of a guardian, the court may, upon a petition filed to request temporary guardianship for the minor, appoint a temporary guardian to exercise the powers of a guardian until another guardian is appointed for the minor.

      Sec. 38. 1.  A proposed protected minor who is found in this State must attend the hearing for the appointment of a guardian unless:

      (a) A certificate signed by a physician or psychiatrist who is licensed to practice in this State specifically states the condition of the proposed protected minor, the reasons why the proposed protected minor is unable to appear in court and whether the proposed protected minor’s attendance at the hearing would be detrimental to the physical or mental health of the proposed protected minor; or

      (b) A certificate signed by any other person the court finds qualified to execute a certificate states the condition of the proposed protected minor, the reasons why the proposed protected minor is unable to appear in court and whether the proposed protected minor’s attendance at the hearing would be detrimental to the physical or mental health of the proposed protected minor.

      2.  A proposed protected minor found in this State who cannot attend the hearing for the appointment of a guardian as set forth in a certificate pursuant to subsection 1 may appear by videoconference.

      3.  The court may prescribe the form in which a certificate required by this section must be filed. If the certificate consists of separate parts, each part must be signed by the person who is required to sign the certificate.

      4.  If the proposed protected minor is not in this State, the proposed protected minor must attend the hearing only if the court determines that the attendance of the proposed protected minor is necessary in the interests of justice.

      Sec. 39. 1.  If the court finds the proposed protected minor not in need of a guardian, the court shall dismiss the petition.

 


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      2.  If the court finds that appointment of a guardian is required, the court shall appoint a guardian of the proposed protected minor’s person, estate, or person and estate.

      Sec. 40. 1.  The petitioner has the burden of proving by clear and convincing evidence that the appointment of a guardian of the person, of the estate, or of the person and estate is necessary.

      2.  If it appears to the court that the allegations of the petition are sufficient and that a guardian should be appointed for the proposed protected minor, the court shall enter an order appointing a guardian. The order must:

      (a) Specify whether the guardian appointed is guardian of the person, of the estate, or of the person and estate;

      (b) Specify whether the proposed protected minor is a resident or nonresident of this State;

      (c) Specify the amount of the bond to be executed and filed by the guardian;

      (d) Designate the names and addresses, so far as may be determined, of:

             (1) The relatives of the proposed protected minor upon whom notice must be served pursuant to section 29 of this act; and

             (2) Any other interested person; and

      (e) Specify whether the proposed protected minor will require a guardianship after reaching 18 years of age.

      3.  A notice of entry of the court order must be sent to:

      (a) The relatives of the proposed protected minor upon whom notice must be served pursuant to section 29 of this act; and

      (b) Any other interested person.

      Sec. 41. If a court order is in effect for payment for the support of a proposed protected minor, upon entry of an order appointing a guardian for the minor, the court shall order the assignment of the payment to the guardian for the support of that minor.

      Sec. 42. In an order appointing a guardian or in any order thereafter, the court may award rights of visitation between a protected minor and his or her parents or relatives who are within the fourth degree of consanguinity.

      Sec. 43. 1.  Where the appointment of a guardian is sought for two or more proposed protected minors who are children of a common parent, it is not necessary that separate petitions, bonds and other papers be filed with respect to each proposed protected minor or protected minors.

      2.  If a guardian is appointed for such proposed protected minors, the guardian:

      (a) Shall keep separate accounts of the estate of each protected minor;

      (b) May make investments for each protected minor;

      (c) May compromise and settle claims against one or more protected minors; and

      (d) May sell, lease, mortgage or otherwise manage the property of one or more protected minors.

      3.  The guardianship may be terminated with respect to less than all the protected minors in the same manner as provided by law with respect to a guardianship of a single protected minor.

 


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ê2017 Statutes of Nevada, Page 828 (Chapter 172, AB 319)ê

 

      Sec. 44. As a condition of the appointment of a guardian, the court may require the guardian to complete any available training concerning guardianships that the court determines appropriate.

      Sec. 45. 1.  In order for a person to serve as a private professional guardian, the person must be:

      (a) Qualified to serve as a guardian pursuant to section 46 of this act; and

      (b) A guardian who has a license issued pursuant to chapter 628B of NRS or a certified guardian who is not required to have such a license pursuant to subsection 3.

      2.  In order for an entity to serve as a private professional guardian, the entity must:

      (a) Have a license issued pursuant to chapter 628B of NRS unless the entity is not required to have such a license pursuant to subsection 3; and

      (b) Have a guardian who has a license issued pursuant to chapter 628B of NRS or a certified guardian who is not required to have such a license pursuant to subsection 3 involved in the day-to-day operation or management of the entity.

      3.  For a person or entity to serve as a private professional guardian, the person or entity is not required to have a license issued pursuant to chapter 628B of NRS if the person or entity is exempt from the requirement to have such a license pursuant to NRS 628B.110 and the person or entity:

      (a) Is a banking corporation as defined in NRS 657.016;

      (b) Is an organization permitted to act as a fiduciary pursuant to NRS 662.245;

      (c) Is a trust company as defined in NRS 669.070;

      (d) Is acting in the performance of his or her duties as an attorney at law;

      (e) Acts as a trustee under a deed of trust; or

      (f) Acts as a fiduciary under a court trust.

      4.  As used in this section:

      (a) “Certified guardian” means a person who is certified by the Center for Guardianship Certification or any successor organization.

      (b) “Entity” includes, without limitation, a corporation, whether or not for profit, a limited-liability company and a partnership.

      (c) “Person” means a natural person.

      Sec. 46. 1.  The parents of a proposed protected minor, or either parent, if qualified and suitable, are preferred over all others for appointment as guardian for the person or estate or person and estate of the proposed protected minor. The appointment of a parent as guardian for the person or estate of a proposed protected minor must not conflict with a valid order for custody of the proposed protected minor.

      2.  Except as otherwise provided in subsection 4, if a parent of a proposed protected minor files a petition seeking appointment as guardian for the proposed protected minor, the parent is presumed to be suitable to serve as guardian for the proposed protected minor.

      3.  In determining whether the parents of a proposed protected minor, or either parent, or any other person who seeks appointment as guardian for the proposed protected minor is qualified and suitable, the court shall consider, if applicable and without limitation:

 


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ê2017 Statutes of Nevada, Page 829 (Chapter 172, AB 319)ê

 

      (a) Which parent has physical custody of the proposed protected minor;

      (b) The ability of the parents, parent or other person to provide for the basic needs of the proposed protected minor, including, without limitation, food, shelter, clothing and medical care, taking into consideration any special needs of the proposed protected minor;

      (c) Whether the parents, parent or other person has engaged in the habitual use of alcohol or any controlled substance during the previous 6 months, except the use of marijuana in accordance with the provisions of chapter 453A of NRS;

      (d) Whether the parents, parent or other person has been convicted of a crime of moral turpitude, a crime involving domestic violence or a crime involving the abuse, neglect, exploitation, isolation or abandonment of a child, his or her spouse, his or her parent or any other adult;

      (e) Whether the parents, parent or other person has been convicted in this State or any other jurisdiction of a felony; and

      (f) Whether the parents, parent or other person has engaged in one or more acts of domestic violence against the proposed protected minor, a parent of the proposed protected minor or any other person who resides with the proposed protected minor.

      4.  A parent of a proposed protected minor is presumed to be unsuitable to care for the proposed protected minor if:

      (a) The parent is unable to provide for any or all of the basic needs of the proposed protected minor, including, without limitation:

             (1) Food;

             (2) Shelter;

             (3) Clothing;

             (4) Medical care; and

             (5) Education;

      (b) Because of action or inaction, the parent poses a significant safety risk of either physical or emotional danger to the proposed protected minor; or

      (c) The proposed protected minor has not been in the care, custody and control of the parent for the 6 months immediately preceding the filing of the petition. The presumption created by this paragraph is a rebuttable presumption.

      5.  Subject to the preference set forth in subsection 1 and except as otherwise provided in subsection 7, the court shall appoint as guardian the qualified person who is most suitable and is willing to serve.

      6.  In determining which qualified person is most suitable, the court shall, in addition to considering any applicable factors set forth in subsections 2, 3 and 4, give consideration, among other factors, to:

      (a) Any nomination of a guardian for the proposed protected minor contained in a will or other written instrument executed by a parent of the proposed protected minor.

      (b) Any request made by the proposed protected minor, if he or she is 14 years of age or older, for the appointment of a person as guardian for the proposed protected minor.

      (c) The relationship by blood or adoption of the proposed guardian to the proposed protected minor. In considering preferences of appointment, the court may consider relatives of the half blood equally with those of the whole blood.

 


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ê2017 Statutes of Nevada, Page 830 (Chapter 172, AB 319)ê

 

the court may consider relatives of the half blood equally with those of the whole blood. The court may consider relatives in the following order of preference:

             (1) Parent.

             (2) Adult sibling.

             (3) Grandparent.

             (4) Uncle or aunt.

      (d) Any recommendation made by a master of the court or special master pursuant to section 47 of this act.

      (e) Any recommendation made by:

             (1) An agency which provides child welfare services, an agency which provides child protective services or a similar agency; or

             (2) A guardian ad litem or court appointed special advocate who represents the proposed protected minor.

      (f) Any request for the appointment of any other interested person that the court deems appropriate.

      7.  The court may award temporary guardianship pursuant to this section, supported by findings of suitability, pending a trial or evidentiary hearing if that appointment is supported by findings.

      8.  Notwithstanding the presumption set forth in subsection 4, in the event of competing petitions for the appointment of guardianship of a proposed protected minor, any finding of unsuitability of a parent of the proposed protected minor must be found by clear and convincing evidence after a hearing on the merits or an evidentiary hearing.

      9.  In determining whether to appoint a guardian of the person or estate of a proposed protected minor and who should be appointed, the court must always act in the best interests of the proposed protected minor.

      10.  As used in this section, “agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      Sec. 47. 1.  If the court determines that a minor may be in need of a guardian, the court may order the appointment of a master of the court or a special master from among the members of the State Bar of Nevada to conduct a hearing to identify the person most qualified and suitable to serve as guardian for the proposed protected minor.

      2.  Not later than 5 calendar days after the date of the hearing, the master of the court or special master shall prepare and submit to the court a recommendation regarding which person is most qualified and suitable to serve as guardian for the proposed protected minor.

      Sec. 48. If the court or a master of the court or special master appointed pursuant to section 47 of this act finds that a parent or other relative, teacher, friend or neighbor of a proposed protected minor or any other interested person:

      1.  Has a personal interest in the well-being of the proposed protected minor; or

      2.  Possesses information that is relevant to the determination of who should serve as guardian for the proposed protected minor,

Ê the court or a master of the court or special master appointed pursuant to section 47 of this act may allow the person to testify at any hearing held pursuant to this chapter to determine the person most qualified and suitable to serve as guardian for the proposed protected minor.

 


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      Sec. 49. A parent of a minor may by will nominate a guardian. The person nominated must file a petition and obtain an appointment from the court before exercising the powers of a guardian.

      Sec. 50. 1.  Except as otherwise provided by law, every guardian shall, before entering upon his or her duties as guardian, execute and file in the guardianship proceeding a bond, with sufficient surety or sureties, in such amount as the court determines necessary for the protection of the protected minor and the estate of the protected minor, and conditioned upon the faithful discharge by the guardian of his or her authority and duties according to law. The bond must be approved by the clerk. Sureties must be jointly and severally liable with the guardian and with each other.

      2.  If a banking corporation, as defined in NRS 657.016, doing business in this State, is appointed guardian of the estate of a protected minor, no bond is required of the guardian, unless specifically required by the court.

      3.  Joint guardians may unite in a bond to the protected minor or protected minors, or each may give a separate bond.

      4.  If there are no assets of the protected minor, no bond is required of the guardian.

      5.  If a person has been nominated to be guardian in a will, power of attorney or other written instrument that has been acknowledged before two disinterested witnesses or acknowledged before a notary public and the will, power of attorney or other written instrument provides that no bond is to be required of the guardian, the court may direct letters of guardianship to issue to the guardian after the guardian:

      (a) Takes and subscribes the oath of office; and

      (b) Files the appropriate documents which contain the full legal name and address of the guardian.

      6.  In lieu of executing and filing a bond, the guardian may request that access to certain assets be blocked. The court may grant the request and order letters of guardianship to issue to the guardian if sufficient evidence is filed with the court to establish that such assets are being held in a manner that prevents the guardian from accessing the assets without a specific court order.

      Sec. 51. 1.  The court may at any time, for good cause and after notice to the guardian, increase or decrease the amount of the bond required of a guardian.

      2.  The court may at any time, if the bond or the sureties are determined to be insufficient or for other good cause, require a guardian to execute and file a new or additional bond. The court may exonerate the sureties on a former bond from any liabilities thereunder arising from the acts or omissions of their principal after such exoneration.

      Sec. 52. Every bond given by a guardian must be filed and preserved in the office of the clerk of the district court of the county in which the guardianship proceeding is conducted. In case of the breach of any condition of such bond, an action may be maintained in behalf of the protected minor or protected minors jointly if all are interested, or of any person interested in the estate, and such bond is not void on the first recovery. If the action on the bond is in behalf of one protected minor on a bond given to more than one protected minor, the other protected minors mentioned in the bond need not be united in or made parties to such action.

 


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ê2017 Statutes of Nevada, Page 832 (Chapter 172, AB 319)ê

 

      Sec. 53. No action may be maintained against the sureties on any bond given by a guardian unless it is commenced within 3 years after the time the guardian is discharged, unless at the time of such discharge the person entitled to bring the action is under any legal disability to sue, in which case the action may be brought at any time within 3 years after the disability is removed.

      Sec. 54. 1.  Every guardian, before entering upon his or her duties as guardian and before letters of guardianship may issue, shall:

      (a) Take and subscribe the official oath which must:

             (1) Be endorsed on the letters of guardianship; and

             (2) State that the guardian will well and faithfully perform the duties of guardian according to law.

      (b) File in the proceeding the appropriate documents which include, without limitation, the full legal name of the guardian and the residence and post office addresses of the guardian.

      (c) Except as otherwise provided in subsection 2, make and file in the proceeding a verified acknowledgment of the duties and responsibilities of a guardian. The acknowledgment must set forth:

             (1) A summary of the duties, functions and responsibilities of a guardian, including, without limitation, the duty to:

                   (I) Act in the best interest of the protected minor at all times.

                   (II) Provide the protected minor with medical, surgical, dental, psychiatric, psychological, hygienic or other care and treatment as needed, with adequate food and clothing and with safe and appropriate housing.

                   (III) Protect, preserve and manage the income, assets and estate of the protected minor and utilize the income, assets and estate of the protected minor solely for the benefit of the protected minor.

                   (IV) Maintain the assets of the protected minor in the name of the protected minor or the name of the guardianship. The assets of the protected minor must not be commingled with the assets of any third party.

                   (V) Notify the court, all interested parties, the trustee, and named executor or appointed personal representative of the estate of the protected minor of the death of the protected minor within 30 days after the death.

             (2) A summary of the statutes, regulations, rules and standards governing the duties of a guardian.

             (3) A list of actions regarding the protected minor that require the prior approval of the court.

             (4) A statement of the need for accurate recordkeeping and the filing of annual reports with the court regarding the finances and well-being of the protected minor.

      2.  The court may exempt a public guardian or private professional guardian from filing an acknowledgment in each case and, in lieu thereof, require the public guardian or private professional guardian to file a general acknowledgment covering all guardianships to which the guardian may be appointed by the court.

      Sec. 55. 1.  A copy of the order appointing the guardian must be served personally or by mail upon the protected minor not later than 5 days after the date of the appointment of the guardian.

      2.  The order must contain the names, addresses and telephone numbers of the guardian, the protected minor’s attorney, if any, and the investigator.

 


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ê2017 Statutes of Nevada, Page 833 (Chapter 172, AB 319)ê

 

      3.  A notice of entry of the order must be filed with the court.

      Sec. 56. When a guardian has taken the official oath and filed a bond as provided in this chapter, the court shall order letters of guardianship to issue to the guardian. Letters of guardianship may be in the following form:

 

State of Nevada                          }

                                                       }ss.

County of.................................... }

 

On.......... (month).......... (day),.......... (year), the................ Judicial District Court,................ County, State of Nevada, appointed......................... (name of guardian)...........................(guardian of the person or estate or person and estate) for........................ (name of protected minor), a minor, that the named guardian has qualified and has the authority and shall perform the duties of.............................................................................. (guardian of the person or estate or person and estate) for the named protected minor as provided by law.

 

In Testimony Whereof, I have hereunto subscribed my name and affixed the seal of the court at my office on.......... (month).......... (day),.......... (year).

 

                                                     ...................................................................

                                                                              Clerk

(SEAL)

                                                     ...................................................................

                                                                       Deputy Clerk

      Sec. 57. If, at the time of the appointment of the guardian or thereafter, the estate of a protected minor consists of personal property having a value not exceeding by more than $10,000 the aggregate amount of unpaid expenses of administration of the guardianship estate and claims against the estate, the guardian of the estate, with prior approval of the court by order, may pay those expenses and claims from the estate and deliver all the remaining personal property to such person as the court may designate in the order, to be held, invested or used as ordered by the court. The recipient of the property so delivered shall give a receipt therefor to the guardian. The receipt is a release and acquittance to the guardian as to the property so delivered. The guardian shall file in the proceeding proper receipts or other evidence satisfactory to the court showing the delivery, and the guardian is released from his or her trust and the bond of the guardian is exonerated.

      Sec. 58. 1.  The court may grant a summary administration if, at any time, it appears to the court that after payment of all claims and expenses of the guardianship the value of the protected minor’s property does not exceed $10,000.

      2.  If the court grants a summary administration, the court may:

      (a) Authorize the guardian of the estate who is authorized to manage the protected minor’s property to convert the property to cash and sell any of the property, with or without notice, as the court may direct. After the payment of all claims and the expenses of the guardianship, the guardian shall deposit the money in savings accounts or invest the money as provided in section 84 of this act, and hold the investment and all interest, issues, dividends and profits for the benefit of the protected minor.

 


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payment of all claims and the expenses of the guardianship, the guardian shall deposit the money in savings accounts or invest the money as provided in section 84 of this act, and hold the investment and all interest, issues, dividends and profits for the benefit of the protected minor. The court may dispense with annual accountings and all other proceedings required by this chapter.

      (b) Terminate the guardianship of the estate and direct the guardian to deliver the protected minor’s property to the custodial parent or parents, guardian or custodian of the protected minor to hold, invest or use as the court may order.

      3.  Whether the court grants a summary administration at the time the guardianship is established or at any other time, the guardian shall file an inventory and record of value with the court.

      4.  If, at any time, the net value of the estate of the protected minor exceeds $10,000:

      (a) The guardian shall file an amended inventory and accounting with the court;

      (b) The guardian shall file annual accountings; and

      (c) The court may require the guardian to post a bond.

      Sec. 59. A guardian of the person and estate has the authority and shall perform the duties as provided by law for a guardian of the person and a guardian of the estate.

      Sec. 60. 1.  Before taking any of the following actions, the guardian shall petition the court for an order authorizing the guardian to:

      (a) Except as otherwise provided in this paragraph, make or change the designation of a beneficiary in a will, trust, insurance policy, bank account or any other type of asset of the protected minor which includes the designation of a beneficiary. The guardian is not required to petition the court for an order authorizing the guardian to utilize an asset which has a designated beneficiary, including the closure or discontinuance of the asset, for the benefit of a protected minor if:

             (1) The asset is the only liquid asset available with which to pay for the proper care, maintenance, education and support of the protected minor;

             (2) The asset, or the aggregate amount of all the assets if there is more than one type of asset, has a value that does not exceed $5,000; or

             (3) The asset is a bank account, investment fund or insurance policy and is required to be closed or discontinued in order for the protected minor to qualify for a federal program of public assistance.

      (b) Create for the benefit of the protected minor or others a revocable or irrevocable trust of the property of the estate.

      (c) Except as otherwise provided in this paragraph, exercise the right of the protected minor to revoke or modify a revocable trust or to surrender the right to revoke or modify a revocable trust. The court shall not authorize or require the guardian to exercise the right to revoke or modify a revocable trust if the instrument governing the trust:

             (1) Evidences an intent of the protected minor to reserve the right of revocation or modification exclusively to the protected minor;

             (2) Provides expressly that a guardian may not revoke or modify the trust; or

 


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             (3) Otherwise evidences an intent that would be inconsistent with authorizing or requiring the guardian to exercise the right to revoke or modify the trust.

      2.  Any other interested person may also petition the court for an order authorizing or directing the guardian to take any action described in subsection 1.

      3.  The court may authorize the guardian to take any action described in subsection 1 if, after notice to any person who is adversely affected by the proposed action and an opportunity for a hearing, the court finds by clear and convincing evidence that:

      (a) A reasonably prudent person or the protected minor would take the proposed action and that a person has committed or is about to commit any act, practice or course of conduct which operates or would operate as a fraud or act of exploitation upon the protected minor or estate of the protected minor and that person:

             (1) Is designated as a beneficiary in or otherwise stands to gain from an instrument which was executed by or on behalf of the protected minor; or

             (2) Will benefit from the lack of such an instrument; or

      (b) The proposed action is otherwise in the best interests of the protected minor for any other reason not listed in this section.

      4.  The petition must contain, to the extent known by the petitioner:

      (a) The name, date of birth and current address of the protected minor;

      (b) A concise statement as to the condition of the protected minor’s estate; and

      (c) A concise statement as to the necessity for the proposed action.

      5.  As used in this section:

      (a) “Exploitation” means any act taken by a person who has the trust and confidence of a protected minor to:

             (1) Obtain control, through deception, intimidation or undue influence, over the money, assets or property of the protected minor with the intention of permanently depriving the protected minor of the ownership, use, benefit or possession of the protected minor’s money, assets or property.

             (2) Convert money, assets or property of the protected minor with the intention of permanently depriving the protected minor of the ownership, use, benefit or possession of the protected minor’s money, assets or property.

Ê As used in this paragraph, “undue influence” does not include the normal influence that one member of a family has over another.

      (b) “Fraud” means an intentional misrepresentation, deception or concealment of a material fact known to the person with the intent to deprive the protected minor of the protected minor’s rights or property or to otherwise injure the protected minor.

      (c) “Interested person” has the meaning ascribed to it in NRS 132.185 and also includes a named beneficiary under a trust or other instrument if the validity of the trust or other instrument may be in question.

      Sec. 61. 1.  Except as otherwise ordered by the court, a guardian of the person has the care, custody and control of the person of the protected minor, and has the authority and, subject to subsection 2, shall perform the duties necessary for the proper care, maintenance, education and support of the protected minor, including, without limitation, the following:

 


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      (a) Supplying the protected minor with food, clothing, shelter and all incidental necessaries, including locating an appropriate residence for the protected minor.

      (b) Authorizing medical, surgical, dental, psychiatric, psychological, hygienic or other remedial care and treatment for the protected minor.

      (c) Seeing that the protected minor is properly trained and educated and that the protected minor has the opportunity to learn a trade, occupation or profession.

      2.  In the performance of the duties enumerated in subsection 1 by a guardian of the person, due regard must be given to the extent of the estate of the protected minor. A guardian of the person may be required to incur expenses on behalf of the protected minor if the estate of the protected minor is insufficient to reimburse the guardian.

      3.  A guardian of the person is the protected minor’s personal representative for purposes of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any applicable regulations. The guardian of the person has authority to obtain information from any government agency, medical provider, business, creditor or third party who may have information pertaining to the protected minor’s health care or health insurance.

      4.  Except as otherwise provided in subsection 6, a guardian of the person may establish and change the residence of the protected minor at any place within this State without the permission of the court. The guardian shall select the least restrictive appropriate residence which is available and necessary to meet the needs of the protected minor and which is financially feasible.

      5.  Except as otherwise provided in subsection 6, a guardian of the person shall petition the court for an order authorizing the guardian to change the residence of the protected minor to a location outside of this State. The guardian must show that changing the residence of the protected minor to a location outside of this State is in the best interest of the protected minor or that there is no appropriate residence available for the protected minor in this State. The court shall retain jurisdiction over the guardianship unless the guardian files for termination of the guardianship pursuant to section 143 or 144 of this act or the jurisdiction of the guardianship is transferred to the other state. Not later than 6 months after changing the residence of a protected minor to a location outside of this State, the guardian shall file a petition for guardianship in the state of the protected minor’s residence.

      6.  A guardian of the person must file a petition with the court requesting authorization to move a protected minor to or place a protected minor in a secured residential long-term care facility.

      7.  This section does not relieve a parent or other person of any duty required by law to provide for the care, support and maintenance of any dependent.

      Sec. 62. 1.  Except as otherwise provided in subsection 2, a guardian shall not consent to:

      (a) The experimental medical, biomedical or behavioral treatment of a protected minor;

      (b) The sterilization of a protected minor; or

      (c) The participation of a protected minor in any biomedical or behavioral experiment.

 


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      2.  The guardian may consent to and commence any treatment or experiment described in subsection 1 if the guardian applies to and obtains from the court authority to consent to and commence the treatment or experiment.

      3.  The court may authorize the guardian to consent to and commence any treatment or experiment described in subsection 1 only if the treatment or experiment:

      (a) Is of direct benefit to, and intended to preserve the life of or prevent serious impairment to the mental or physical health of, the protected minor; or

      (b) Is intended to assist the protected minor to develop or regain the protected minor’s abilities.

      Sec. 63. 1.  A guardian of the person shall make and file in the guardianship proceeding for review of the court a written report on the condition of the protected minor and the exercise of authority and performance of duties by the guardian:

      (a) Annually, not later than 60 days after the anniversary date of the appointment of the guardian;

      (b) Within 10 days after changing the residence of a protected minor; and

      (c) At such other times as the court may order.

      2.  A report filed pursuant to paragraph (b) of subsection 1 must:

      (a) Include a copy of the written recommendation upon which the transfer was made; and

      (b) Be served, without limitation, on the attorney for the protected minor, if any.

      3.  The court may prescribe the form and contents for filing a report described in subsection 1.

      4.  The guardian of the person shall give to the guardian of the estate, if any, a copy of each report not later than 30 days after the date the report is filed with the court.

      5.  The court is not required to hold a hearing or enter an order regarding the report.

      Sec. 64. A guardian of the estate shall:

      1.  Protect, preserve, manage and dispose of the estate of the protected minor according to law and for the best interests of the protected minor.

      2.  Apply the estate of the protected minor for the proper care, maintenance, education and support of the protected minor having due regard for other income or property available to support the protected minor.

      3.  Have such other authority and perform such other duties as are provided by law.

      Sec. 65. 1.  Not later than 60 days after the date of the appointment of a guardian of the estate or, if necessary, such further time as the court may allow, the guardian shall make and file in the guardianship proceeding a verified inventory of all of the property of the protected minor which comes to the possession or knowledge of the guardian.

      2.  A temporary guardian of the estate shall file an inventory with the court by not later than the date on which the temporary guardian files a final accounting as required pursuant to section 128 of this act.

 


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      3.  The guardian shall take and subscribe an oath, which must be endorsed or attached to the inventory, before any person authorized to administer oaths, that the inventory contains a true statement of:

      (a) All of the estate of the protected minor which has come into the possession of the guardian;

      (b) All of the money that belongs to the protected minor; and

      (c) All of the just claims of the protected minor against the guardian.

      4.  Whenever any property of the protected minor not mentioned in the inventory comes to the possession or knowledge of a guardian of the estate, the guardian shall:

      (a) Make and file in the proceeding a verified supplemental inventory not later than 30 days after the date the property comes to the possession or knowledge of the guardian; or

      (b) Include the property in the next accounting.

      5.  The court may order which of the two methods described in subsection 4 the guardian shall follow.

      6.  The court may order all or any part of the property of the protected minor appraised as provided in sections 67 and 155 of this act.

      7.  If the guardian neglects or refuses to file the inventory within the time required pursuant to subsection 1, the court may, for good cause shown and upon such notice as the court deems appropriate:

      (a) Revoke the letters of guardianship and the guardian is liable on the bond for any loss or injury to the estate caused by the neglect of the guardian; or

      (b) Enter a judgment for any loss or injury to the estate caused by the neglect of the guardian.

      Sec. 66. 1.  Except as otherwise provided in subsection 2, the guardian of an estate shall cause an appraisal or valuation of any asset of a guardianship estate to be conducted by a disinterested appraiser, certified public accountant or expert in valuation and file the appraisal or valuation with the court.

      2.  In lieu of an appraisal, the guardian may file:

      (a) A verified record of value of an asset where the value of the asset can be determined with reasonable certainty, including, without limitation:

             (1) Money, deposits in banks, bonds, policies of life insurance or securities for money, when equal in value to cash; and

             (2) Personal property, including, without limitation, household goods, if the combined value of the personal property does not exceed $5,000.

      (b) A statement of the assessed value of real property as determined by the county assessor for tax purposes, except that if the real property is to be sold, the guardian must file an appraisal.

      Sec. 67. 1.  Before appraising or valuing any asset of the guardianship estate, each appraiser, certified public accountant or expert in valuation shall certify that the appraiser, accountant or expert will truthfully, honestly and impartially appraise or value the property according to the best of his or her knowledge and ability. The certification must be included in the appraisal or valuation and filed with the court.

      2.  The appraisal or valuation must list each asset that has a value of more than $100 separately with a statement of the value of the asset opposite the asset.

 


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      3.  An appraiser, certified public accountant or expert in valuation who performs an appraisal or valuation of a guardianship estate is entitled to reasonable compensation for the appraisal or valuation and may be paid by the guardian out of the estate at any time after the appraisal or valuation is completed.

      4.  An appraiser, certified public accountant or expert in valuation who directly or indirectly purchases any asset of an estate without full disclosure to and approval by the court is guilty of a misdemeanor. A sale made in violation of the provisions of this subsection is void, and the asset sold may be recovered by the guardian, protected minor or proposed protected minor.

      Sec. 68. 1.  Not later than 60 days after the date of the appointment of a guardian of the estate, the guardian shall record, or cause to be recorded, in the office of the recorder of each county in which real property of the protected minor is located, a copy, certified by the clerk of the court, of the letters of guardianship.

      2.  The guardian shall attach, or cause to be attached, to the copy of the letters of guardianship recorded pursuant to subsection 1 a cover sheet containing:

      (a) The name, address and telephone number of the guardian;

      (b) The assessor’s parcel number and the address of the real property of the protected minor; and

      (c) If the estate of the protected minor includes a manufactured home or mobile home, the location and serial number of the manufactured home or mobile home.

      3.  As used in this section:

      (a) “Manufactured home” has the meaning ascribed to it in NRS 489.113.

      (b) “Mobile home” has the meaning ascribed to it in NRS 489.120.

      Sec. 69. 1.  A guardian of the estate shall take possession of:

      (a) All of the property of substantial value of the protected minor;

      (b) Rents, income, issues and profits from the property, whether accruing before or after the appointment of the guardian; and

      (c) The proceeds from the sale, mortgage, lease or other disposition of the property.

      2.  The guardian may allow the protected minor to have possession and control of the personal property and funds as are appropriate to the needs and capacities of the protected minor.

      3.  The title to all property of the protected minor is in the protected minor and not in the guardian.

      4.  A guardian shall secure originals, when available, or copies of any:

      (a) Contract executed by the protected minor;

      (b) Revocable or irrevocable trust in which the protected minor has a vested interest as a beneficiary; and

      (c) Writing evidencing a present or future vested interest in any real or intangible property.

      Sec. 70. 1.  A guardian shall present a copy of the court order appointing the guardian and letters of guardianship to a bank or other financial institution that holds any account or other assets of the protected minor before the guardian may access the account or other assets.

      2.  The bank or other financial institution shall accept the copy of the court order appointing the guardian and letters of guardianship as proof of guardianship and allow the guardian access to the account or other assets of the protected minor, subject to any limitations set forth in the court order.

 


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guardianship and allow the guardian access to the account or other assets of the protected minor, subject to any limitations set forth in the court order.

      3.  Unless the bank or other financial institution is a party to the guardianship proceeding, the bank or other financial institution is not entitled to a copy of any:

      (a) Confidential information concerning the medical condition or the placement of the protected minor; or

      (b) Inventory or accounting of the estate of the protected minor.

      Sec. 71. 1.  The guardian may retain assets for the anticipated expense of the protected minor’s funeral and the disposal of his or her remains. Of the amount so retained, $3,000 is exempt from all claims, including those of this State.

      2.  The guardian may place assets so retained in a pooled account or trust. If the assets are invested in a savings account or other financial account, the assets are not subject to disposition as unclaimed property during the lifetime of the protected minor.

      3.  Assets so retained may be disbursed for the protected minor’s funeral or the disposal of his or her remains without prior authorization of the court. An amount not so disbursed becomes part of the protected minor’s estate.

      Sec. 72. Upon the filing of a petition in the guardianship proceeding by the guardian, the protected minor or any other interested person, alleging that any person is indebted to the protected minor, has or is suspected of having concealed, embezzled, converted or disposed of any property of the protected minor or has possession or knowledge of any such property or of any writing relating to such property, the court may require the person to appear and answer under oath concerning the matter.

      Sec. 73. 1.  A guardian of the estate:

      (a) Shall demand all debts and other choses in action due to the protected minor; and

      (b) With prior approval of the court, may sue for and receive all debts and other choses in action due to the protected minor.

      2.  A guardian of the estate, with prior approval of the court by order, may compound or compromise any debt or other chose in action due to the protected minor and give a release and discharge to the debtor or other obligor.

      3.  A guardian of the person:

      (a) May obtain an order which requires one or both parents of the protected minor to pay the guardian an amount established pursuant to NRS 125B.070 and 125B.080 for the support of the protected minor.

      (b) Shall give notice to the court of the entry of an order for the payment of the support of the protected minor or the approval of any public assistance for the protected minor not later than 30 days after the entry of the order or the approval of public assistance. The guardian shall file a copy of the order of support or document which evidences approval of public assistance with the notice which is filed with the court.

      Sec. 74. 1.  A guardian of the estate shall appear for and represent the protected minor in all actions, suits or proceedings to which the protected minor is a party, unless the court finds that the interests of the guardian conflict with the interests of the protected minor or it is otherwise appropriate to appoint a guardian ad litem in the action, suit or proceeding.

 


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guardian conflict with the interests of the protected minor or it is otherwise appropriate to appoint a guardian ad litem in the action, suit or proceeding.

      2.  Upon final resolution of the action, suit or proceeding, the guardian of the estate or the guardian ad litem shall notify the court of the outcome of the action, suit or proceeding.

      3.  If the person of the protected minor would be affected by the outcome of any action, suit or proceeding, the guardian of the person, if any, should be joined to represent the protected minor in the action, suit or proceeding.

      Sec. 75. Any contract, except to the extent of the reasonable value of necessaries, and any transaction with respect to the property of a protected minor made by the protected minor are voidable by the guardian of the estate.

      Sec. 76. A guardian of the estate is not personally liable on any written or oral contract entered into for or on behalf of the protected minor where the guardian is acting within his or her authority as such guardian. Any action, suit or proceeding on any such contract must be brought against the guardian in his or her fiduciary capacity only, and any judgment or decree obtained in such action, suit or proceeding must be satisfied only from property of the protected minor.

      Sec. 77. A guardian of the estate shall pay from the guardianship estate pursuant to sections 78, 79 and 80 of this act all just claims against the protected minor, the estate or the guardian as such, whether accruing before or after the appointment of the guardian and whether arising in contract, in tort or otherwise.

      Sec. 78. 1.  Other than claims for attorney’s fees that are subject to the provisions of subsection 3, a guardian of the estate may pay from the guardianship estate the following claims without complying with the provisions of this section and sections 79 and 80 of this act:

      (a) The guardian’s claims against the protected minor or the estate; and

      (b) Any claims accruing after the appointment of the guardian which arise from contracts entered into by the guardian on behalf of the protected minor.

      2.  The guardian shall report all claims and the payment of claims made pursuant to subsection 1 in the account that the guardian makes and files in the guardianship proceeding following each payment.

      3.  Claims for attorney’s fees which are associated with the commencement and administration of the guardianship of the estate:

      (a) May be made at the time of the appointment of the guardian of the estate or any time thereafter; and

      (b) May not be paid from the guardianship estate unless the payment is made in compliance with the provisions of this section and sections 79 and 80 of this act.

      Sec. 79. Except as otherwise provided in section 78 of this act, all claims against the protected minor, the guardianship estate or the guardian of the estate as such must be presented to the guardian of the estate. Each such claim must be in writing, must describe the nature and the amount of the claim, if ascertainable, and must be accompanied by the affidavit of the claimant, or someone on behalf of the claimant, who has personal knowledge of the fact. The affidavit must state that within the knowledge of the affiant the amount claimed is justly due, no payments have been made thereon which are not credited and there is no counterclaim thereto, except as stated in the affidavit.

 


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the affiant the amount claimed is justly due, no payments have been made thereon which are not credited and there is no counterclaim thereto, except as stated in the affidavit. If such claim is founded on a written instrument, the original or a copy thereof with all endorsements must be attached to the claim. The original instrument must be exhibited to the guardian or the court, upon demand, unless it is lost or destroyed, in which case the fact of its loss or destruction must be stated in the claim.

      Sec. 80. 1.  A guardian of the estate shall examine each claim presented to the guardian for payment. If the guardian is satisfied that the claim is appropriate and just, the guardian shall:

      (a) Endorse upon the claim the words “examined and allowed” and the date;

      (b) Officially subscribe the notation; and

      (c) Pay the claim from the guardianship estate.

      2.  If the guardian is not satisfied that the claim is just, the guardian shall:

      (a) Endorse upon the claim the words “examined and rejected” and the date;

      (b) Officially subscribe the notation; and

      (c) Not later than 60 days after the date the claim was presented to the guardian, notify the claimant by personal service or by mailing a notice by registered or certified mail that the claim was rejected.

      Sec. 81. 1.  If, not later than 60 days after the date the claim was presented to the guardian, a rejected claim is returned to the claimant or the guardian of the estate fails to approve or reject and return a claim, the claimant, before the claim is barred by the statute of limitations, may:

      (a) File a petition for approval of the rejected claim in the guardianship proceeding for summary determination by the court; or

      (b) Commence an action or suit on the claim against the guardian in the guardian’s fiduciary capacity and any judgment or decree obtained must be satisfied only from property of the protected minor.

      2.  If a claimant files a request for approval of a rejected claim or a like claim in the guardianship proceeding for summary determination, the claimant shall serve notice that he or she has filed such a request on the guardian.

      3.  Not later than 20 days after the date of service, the guardian may serve notice of objection to summary determination on the claimant. If the guardian serves the claimant with notice and files a copy of the notice with the court, the court shall not enter a summary determination and the claimant may commence an action or suit on the claim against the guardian in the guardian’s fiduciary capacity as provided in subsection 1.

      4.  If the guardian fails to serve the claimant with notice of objection to summary determination or file a copy of the notice with the court, the court shall:

      (a) Hear the matter and determine the claim or like claim in a summary manner; and

      (b) Enter an order allowing or rejecting the claim, either in whole or in part. No appeal may be taken from the order.

      Sec. 82. 1.  Before taking any of the following actions, the guardian of the estate shall petition the court for an order authorizing the guardian to:

 


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      (a) Invest the property of the protected minor pursuant to section 84 of this act.

      (b) Borrow money for the protected minor pursuant to section 85 of this act.

      (c) Except as otherwise provided in section 61 of this act, enter into contracts for the protected minor or complete the performance of contracts of the protected minor pursuant to section 86 of this act.

      (d) Make gifts from the protected minor’s estate pursuant to section 87 of this act.

      (e) Sell, lease or place in trust any property of the protected minor pursuant to section 88 of this act.

      (f) Exchange or partition the protected minor’s property pursuant to section 126 of this act.

      (g) Exercise or release the power of the protected minor as a donee of a power of appointment.

      (h) Exercise the right of the protected minor to take under or against a will.

      (i) Transfer to a trust created by the protected minor any property unintentionally omitted from the trust.

      (j) Submit a revocable trust to the jurisdiction of the court if:

             (1) The protected minor is the grantor and sole beneficiary of the income of the trust; or

             (2) The trust was created by the court.

      (k) Pay any claim by the Department of Health and Human Services to recover benefits for Medicaid correctly paid to or on behalf of the protected minor.

      (l) Transfer money in a protected minor’s blocked account to the Nevada Higher Education Prepaid Tuition Trust Fund created pursuant to NRS 353B.140.

      2.  Before taking any of the following actions, unless the guardian has been otherwise ordered by the court to petition the court for permission to take specified actions or make specified decisions in addition to those described in subsection 1, the guardian may petition the court for an order authorizing the guardian to:

      (a) Obtain advice, instructions and approval of any other proposed act of the guardian relating to the protected minor’s property.

      (b) Take any other action which the guardian deems would be in the best interests of the protected minor.

      3.  The petition must be signed by the guardian and contain:

      (a) The name, age, residence and address of the protected minor.

      (b) A concise statement as to the condition of the protected minor’s estate.

      (c) A concise statement as to the advantage to the protected minor of or the necessity for the proposed action.

      (d) The terms and conditions of any proposed sale, lease, partition, trust, exchange or investment, and a specific description of any property involved.

      4.  Any of the matters set forth in subsection 1 may be consolidated in one petition, and the court may enter one order authorizing or directing the guardian to do one or more of those acts.

      5.  A petition filed pursuant to paragraphs (b) and (d) of subsection 1 may be consolidated in and filed with the petition for the appointment of the guardian, and if the guardian is appointed, the court may enter additional orders authorizing the guardian to continue the business of the protected minor, enter contracts for the protected minor or complete contracts of the protected minor.

 


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the guardian, and if the guardian is appointed, the court may enter additional orders authorizing the guardian to continue the business of the protected minor, enter contracts for the protected minor or complete contracts of the protected minor.

      Sec. 83. 1.  Upon the filing of any petition under section 60 or 82 of this act, or any account, notice must be given in the manner prescribed by section 17 of this act.

      2.  The notice must:

      (a) Give the name of the protected minor.

      (b) Give the name of the petitioner.

      (c) Give the date, time and place of the hearing.

      (d) State the nature of the petition.

      (e) Refer to the petition for further particulars, and notify all persons interested to appear at the time and place mentioned in the notice and show cause why the court order should not be made.

      Sec. 84. 1.  Upon approval of the court by order, a guardian of the estate may:

      (a) Invest the property of the protected minor, make loans and accept security therefor, in the manner and to the extent authorized by the court.

      (b) Exercise options of the protected minor to purchase or exchange securities or other property.

      2.  A guardian of the estate may, without securing the prior approval of the court, invest the property of the protected minor in the following:

      (a) Savings accounts in any bank, credit union or savings and loan association in this State, to the extent that the deposits are insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.

      (b) Interest-bearing obligations of or fully guaranteed by the United States.

      (c) Interest-bearing obligations of the United States Postal Service.

      (d) Interest-bearing obligations of the Federal National Mortgage Association.

      (e) Interest-bearing general obligations of this State.

      (f) Interest-bearing general obligations of any county, city or school district of this State.

      (g) Money market mutual funds which are invested only in those instruments listed in paragraphs (a) to (f), inclusive.

      3.  A guardian of the estate for two or more wards may invest the property of two or more of the wards in property in which each ward whose property is so invested has an undivided interest. The guardian shall keep a separate record showing the interest of each ward in the investment and in the income, profits or proceeds therefrom.

      4.  A guardian of the estate may access or manage a guardianship account via the Internet on a secured website established by the bank, credit union or broker holding the account.

      Sec. 85. 1.  A guardian of the estate, with prior approval of the court by order, may borrow money for the account of the protected minor when necessary:

      (a) To pay claims against the protected minor, the guardianship estate or the guardian of the estate as such.

      (b) To provide for the proper care, maintenance, education and support of the protected minor.

 


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      (c) For any other purpose that is in the best interests of the protected minor.

      2.  If the court determines that the borrowing is necessary or proper, the court shall make an order approving the borrowing and may authorize one or more separate loans. The order must prescribe the maximum amount of each loan, the maximum rate of interest and the date of final maturity of each loan, and may authorize the guardian to secure any loan by mortgage, deed of trust, pledge or other security transaction authorized by the laws of this State. The order must describe the property, if any, to be given as security for each loan.

      Sec. 86. If a protected minor for whom a guardian of the estate is appointed was, at the time of the appointment, a party to a contract which has not been fully performed, and which was made by the minor while not under any legal disability other than being under the age of majority, the guardian of the estate, with prior approval of the court by order, may complete the performance of such contract. If such contract requires the conveyance of any real or personal property, or any interest in such property, the court may authorize the guardian to convey the interest and estate of the protected minor in the property, and the effect of such conveyance is the same as though made by the protected minor while not under legal disability. If the contract requires a sale, no notice of sale is required under this section unless otherwise ordered by the court.

      Sec. 87. 1.  A guardian of the estate, with prior approval of the court by order, may, from the estate of the protected minor which is not necessary for the proper care, maintenance, education and support of the protected minor, make reasonable gifts directly, or into a trust, on behalf of the protected minor.

      2.  Any petition filed by a guardian pursuant to this section must state whether:

      (a) The purpose of the guardian in seeking approval to make the gift is to dispose of assets to make the ward eligible for Medicaid; and

      (b) Making the gift will cause the ward to become eligible for Medicaid.

      Sec. 88. A guardian of the estate, with prior approval of the court by order, may sell, lease or place in trust any of the property of the protected minor:

      1.  For the purpose of paying claims against the protected minor, the guardianship estate or the guardian of the estate.

      2.  For the purpose of providing for the proper care, maintenance, education and support of the protected minor.

      3.  For the purpose of investing the proceeds.

      4.  To obtain income through rentals or royalties.

      5.  For any other purpose that is in the best interests of the protected minor.

      Sec. 89. Any interest of a protected minor in real or personal property, including interests in contracts and choses in action, may be sold pursuant to this chapter.

      Sec. 90. 1.  All sales of real property of a protected minor must be:

      (a) Reported to the court; and

      (b) Confirmed by the court before the title to the real property passes to the purchaser.

 


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      2.  The report and a petition for confirmation of the sale must be filed with the court not later than 30 days after the date of each sale.

      3.  The court shall set the date of the hearing and give notice of the hearing in the manner required pursuant to section 83 of this act or as the court may order.

      4.  An interested person may file written objections to the confirmation of the sale. If such objections are filed, the court shall conduct a hearing regarding those objections during which the interested person may offer witnesses in support of the objections.

      5.  Before the court confirms a sale, the court must find that notice of the sale was given in the manner required pursuant to sections 98, 99 and 100 of this act, unless the sale was exempt from notice pursuant to section 86 of this act.

      Sec. 91. If the guardian neglects or refuses to sell any real property of the estate when it is necessary or in the best interests of the protected minor, an interested person may petition the court for an order requiring the guardian to sell the property. The court shall set the petition for a hearing, and the petitioner shall serve notice on the guardian at least 10 days before the hearing.

      Sec. 92. If real property of the estate of a protected minor is sold that is subject to a mortgage or other lien which is a valid claim against the estate, the money from the sale must be applied in the following order:

      1.  To pay the necessary expenses of the sale.

      2.  To satisfy the mortgage or other lien, including, without limitation, payment of interest and any other lawful costs and charges. If the mortgagee or other lienholder cannot be found, the money from the sale may be paid as ordered by the court and the mortgage or other lien shall be deemed to be satisfied.

      3.  To the estate of the protected minor, unless the court orders otherwise.

      Sec. 93. At a sale of real property that is subject to a mortgage or lien, the holder of the mortgage or lien may become the purchaser. The receipt for the amount owed to the holder from the proceeds of the sale is a payment pro tanto.

      Sec. 94. 1.  In the manner required by this chapter for the sale of like property, a guardian may sell:

      (a) The equity of the estate in any real property that is subject to a mortgage or lien; and

      (b) The property that is subject to the mortgage or lien.

      2.  If a claim has been filed upon the debt secured by the mortgage or lien, the court shall not confirm the sale unless the holder of the claim files a signed and acknowledged document which releases the estate from all liability upon the claim.

      Sec. 95. 1.  A guardian may enter into a written contract with any bona fide agent, broker or multiple agents or brokers to secure a purchaser for any real property of the estate. Such a contract may grant an exclusive right to sell the property to the agent, broker or multiple agents or brokers.

      2.  The guardian shall provide for the payment of a commission upon the sale of the real property which:

      (a) Must be paid from the proceeds of the sale;

      (b) Must be fixed in an amount not to exceed:

 


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             (1) Ten percent for unimproved real property; or

             (2) Seven percent for improved real property; and

      (c) Must be authorized by the court by confirmation of the sale.

      3.  Upon confirmation of the sale by the court, the contract for the sale becomes binding and enforceable against the estate.

      4.  A guardian may not be held personally liable and the estate is not liable for the payment of any commission set forth in a contract entered into with an agent or broker pursuant to this section until the sale is confirmed by the court, and then is liable only for the amount set forth in the contract.

      Sec. 96. 1.  When an offer to purchase real property of a guardianship estate is presented to the court for confirmation:

      (a) Other persons may submit higher bids to the court; and

      (b) The court may confirm the highest bid.

      2.  Upon confirmation of a sale of real property by the court, the commission for the sale must be divided between the listing agent or broker and the agent or broker who secured the purchaser to whom the sale was confirmed, if any, in accordance with the contract with the listing agent or broker.

      Sec. 97. 1.  If a protected minor owns real property jointly with one or more other persons, the interest owned by the protected minor may be sold to one or more joint owners of the property only if:

      (a) The guardian files a petition with the court to confirm the sale pursuant to section 90 of this act; and

      (b) The court confirms the sale.

      2.  Except as otherwise provided in subsection 3, the court shall confirm the sale only if:

      (a) The net amount of the proceeds from the sale to the estate of the protected minor is not less than 90 percent of the fair market value of the portion of the property to be sold; and

      (b) Upon confirmation, the estate of the protected minor will be released from all liability for any mortgage or lien on the property.

      3.  Upon good cause shown, the court may waive the requirement set forth in paragraph (a) of subsection 2.

      Sec. 98. 1.  Except as otherwise provided in this section and except for a sale pursuant to section 86 or 97 of this act, a guardian may sell the real property of a protected minor only after notice of the sale is published in:

      (a) A newspaper that is published in the county in which the property, or some portion of the property, is located; or

      (b) If a newspaper is not published in that county:

             (1) In a newspaper of general circulation in the county; or

             (2) In such other newspaper as the court orders.

      2.  Except as otherwise provided in this section and except for a sale of real property pursuant to section 86 or 97 of this act:

      (a) The notice of a public auction for the sale of real property must be published not less than three times before the date of the sale, over a period of 14 days and 7 days apart.

      (b) The notice of a private sale must be published not less than three times before the date on which offers will be accepted, over a period of 14 days and 7 days apart.

 


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      3.  For good cause shown, the court may order fewer publications and shorten the time of notice, but must not shorten the time of notice to less than 8 days.

      4.  The court may waive the requirement of publication pursuant to this section if:

      (a) The guardian is the sole devisee or heir of the estate; or

      (b) All devisees or heirs of the estate consent to the waiver in writing.

      5.  Publication for the sale of real property is not required pursuant to this section if the property to be sold is reasonably believed to have a value of $10,000 or less. In lieu of publication, the guardian shall post notice of the sale in three of the most public places in the county in which the property, or some portion of the property, is located for at least 14 days before:

      (a) The date of the sale at public auction; or

      (b) The date on which offers will be accepted for a private sale.

      6.  Any notice published or posted pursuant to this section must include, without limitation:

      (a) For a public auction:

             (1) A description of the real property which reasonably identifies the property to be sold; and

             (2) The date, time and location of the auction.

      (b) For a private sale:

             (1) A description of the real property which reasonably identifies the property to be sold; and

             (2) The date, time and location that offers will be accepted.

      Sec. 99. 1.  Except for a sale pursuant to section 86 or 97 of this act, a public auction for the sale of real property must be held:

      (a) In the county in which the property is located or, if the real property is located in two or more counties, in either county;

      (b) Between the hours of 9 a.m. and 5 p.m.; and

      (c) On the date specified in the notice, unless the sale is postponed.

      2.  If, on or before the date and time set for the public auction, the guardian determines that the auction should be postponed:

      (a) The auction may be postponed for not more than 3 months after the date first set for the auction; and

      (b) Notice of the postponement must be given by a public declaration at the place first set for the sale on the date and time that was set for the sale.

      Sec. 100. 1.  Except for the sale of real property pursuant to section 86 or 97 of this act, a sale of real property of a guardianship estate at a private sale:

      (a) Must not occur before the date stated in the notice.

      (b) Except as otherwise provided in this paragraph, must not occur sooner than 14 days after the date of the first publication or posting of the notice. For good cause shown, the court may shorten the time in which the sale may occur to not sooner than 8 days after the date of the first publication or posting of the notice. If the court so orders, the notice of the sale and the sale may be made to correspond with the court order.

      (c) Must occur not later than 1 year after the date stated in the notice.

      2.  The offers made in a private sale:

      (a) Must be in writing; and

      (b) May be delivered to the place designated in the notice or to the guardian at any time:

 


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             (1) After the date of the first publication or posting of the notice; and

             (2) Before the date on which the sale is to occur.

      Sec. 101. 1.  Except as otherwise provided in subsection 2, the court shall not confirm a sale of real property of a guardianship estate at a private sale unless:

      (a) The court is satisfied that the amount offered represents the fair market value of the property to be sold; and

      (b) Except for a sale of real property pursuant to section 86 of this act, the real property has been appraised within 1 year before the date of the sale. If the real property has not been appraised within this period, a new appraisal must be conducted pursuant to sections 66 and 67 of this act at any time before the sale or confirmation by the court of the sale.

      2.  The court may waive the requirement of an appraisal and allow the guardian to rely on the assessed value of the real property for purposes of taxation in obtaining confirmation by the court of the sale.

      Sec. 102. 1.  At the hearing to confirm the sale of real property, the court shall:

      (a) Consider whether the sale is necessary or in the best interest of the estate of the protected minor; and

      (b) Examine the return on the investment and the evidence submitted in relation to the sale.

      2.  The court shall confirm the sale and order conveyances to be executed if it appears to the court that:

      (a) Good reason existed for the sale;

      (b) The sale was conducted in a legal and fair manner;

      (c) The amount of the offer or bid is not disproportionate to the value of the property; and

      (d) It is unlikely that an offer or bid would be made which exceeds the original offer or bid:

             (1) By at least 5 percent if the offer or bid is less than $100,000; or

             (2) By at least $5,000 if the offer or bid is $100,000 or more.

      3.  The court shall not confirm the sale if the conditions in this section are not satisfied.

      4.  If the court does not confirm the sale, the court:

      (a) May order a new sale;

      (b) May conduct a public auction in open court; or

      (c) May accept a written offer or bid from a responsible person and confirm the sale to the person if the written offer complies with the laws of this State and exceeds the original bid:

             (1) By at least 5 percent if the bid is less than $100,000; or

             (2) By at least $5,000 if the bid is $100,000 or more.

      5.  If the court does not confirm the sale and orders a new sale:

      (a) Notice must be given in the manner set forth in section 98 of this act; and

      (b) The sale must be conducted in all other respects as though no previous sale has taken place.

      6.  If a higher offer or bid is received by the court during the hearing to confirm the sale, the court may continue the hearing rather than accept the offer or bid as set forth in paragraph (c) of subsection 4 if the court determines that the person who made the original offer or bid was not notified of the hearing and that the person who made the original offer or bid may wish to increase his or her bid.

 


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bid may wish to increase his or her bid. This subsection does not grant a right to a person to have a continuance granted and may not be used as a ground to set aside an order confirming a sale.

      7.  Except as otherwise provided in this subsection, if a higher offer or bid is received by the court during the hearing to confirm the sale and the court does not accept that offer or bid, each successive bid must be for not less than:

      (a) An additional $5,000, if the original offer is for $100,000 or more; or

      (b) An additional $250 if the original offer is less than $100,000.

Ê Upon the request of the guardian during the hearing to confirm the sale, the court may set other incremental bid amounts.

      Sec. 103. 1.  If the court confirms a sale of real property of a guardianship estate, the guardian shall execute a conveyance of the property to the purchaser.

      2.  The conveyance must include a reference to the court order confirming the sale, and a certified copy of the court order must be recorded in the office of the recorder of the county in which the property, or any portion of the property, is located.

      3.  A conveyance conveys all the right, title and interest of the protected minor in the property on the date of the sale, and if, before the date of the sale, by operation of law or otherwise, the protected minor has acquired any right, title or interest in the property other than or in addition to that of the protected minor at the time of the sale, that right, title or interest also passes by the conveyance.

      Sec. 104. 1.  If a sale of real property is made upon credit, the guardian shall take:

      (a) The note or notes of the purchaser for the unpaid portion of the sale; and

      (b) A mortgage on the property to secure the payment of the notes.

      2.  The mortgage may contain a provision for release of any part of the property if the court approves the provision.

      Sec. 105. 1.  After confirmation of the sale of real property, if the purchaser neglects or refuses to comply with the terms of the sale, the court may set aside the order of confirmation and order the property to be resold:

      (a) On motion of the guardian; and

      (b) After notice is given to the purchaser.

      2.  If the amount realized on the resale of the property is insufficient to cover the bid and the expenses of the previous sale, the original purchaser is liable to the estate of the protected minor for the deficiency.

      Sec. 106. A guardian who fraudulently sells any real property of a protected minor in a manner inconsistent with the provisions of this chapter is liable for double the value of the property sold, as liquidated damages, to be recovered in an action by or on behalf of the protected minor.

      Sec. 107. The periods of limitation prescribed in NRS 11.260 apply to all actions:

      1.  For the recovery of real property sold by a guardian in accordance with the provisions of this chapter; and

      2.  To set aside a sale of real property.

 


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      Sec. 108. 1.  A guardian may sell, dispose of or authorize the immediate destruction of personal property of the protected minor without notice, and title to the property passes without confirmation by the court if:

      (a) The property will depreciate in value if not disposed of promptly;

      (b) The property will incur loss or expense by being kept;

      (c) The property has been contaminated by vermin or biological or chemical agents and the expenses related to the decontamination of the property cause salvage to be impractical;

      (d) The property constitutes an immediate threat to the public health or safety; or

      (e) The handling, transfer or storage of the property might endanger public health or safety or exacerbate contamination.

      2.  The guardian is responsible for the actual value of the personal property unless the guardian obtains confirmation by the court of the sale.

      Sec. 109. A guardian may sell any security of the protected minor if:

      1.  The guardian petitions the court for confirmation of the sale;

      2.  The clerk sets the date of the hearing;

      3.  The guardian gives notice in the manner required pursuant to section 17 of this act unless, for good cause shown, the court shortens the period within which notice must be given or dispenses with notice; and

      4.  The court confirms the sale.

      Sec. 110.  Except as otherwise provided in sections 108 and 109 of this act, a guardian may sell the personal property of the protected minor only after notice of the intent to sell is provided to the protected minor and all interested parties, by personal delivery or by certified mail, not less than 30 days before the sale.

      Sec. 111. 1.  The guardian may sell the personal property of a protected minor by public sale at:

      (a) The residence of the protected minor; or

      (b) Any other location designated by the guardian.

      2.  The guardian may sell the personal property by public sale only if the property is made available for inspection at the time of the sale or photographs of the personal property are posted on an appropriate auction website on the Internet.

      3.  Personal property may be sold at a public or private sale for cash or upon credit.

      Sec. 112. The following interests of the estate of the protected minor may be sold in the same manner as other personal property:

      1.  An interest in personal property that has been pledged to the protected minor; and

      2.  Choses in action.

      Sec. 113. A guardian of the estate may lease any real property of the protected minor or any interest in real property:

      1.  Without securing prior court approval, where the tenancy is from month to month or for a term not to exceed 1 year and the reasonable fixed rental for the property or the protected minor’s proportionate interest in such rental does not exceed $250 per month.

      2.  With prior approval of the court by order, for such period of time as may be authorized by the court, not exceeding any time limitation prescribed by law, and upon such terms and conditions as the court may approve. Such lease may extend beyond the period of minority of a protected minor.

 


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      Sec. 114. The court may authorize the guardian to enter into a written contract with one or more licensed real estate brokers to secure a lessee of the protected minor’s property, which contract may provide for the payment of a commission, not exceeding 5 percent of the fixed rental for the first 2 years, to be paid out of the proceeds of any such lease.

      Sec. 115. 1.  Petitions to secure court approval of any lease:

      (a) Must include the parcel number assigned to the property to be leased and the physical address of the property, if any; and

      (b) Must set forth the proposed fixed rental, the duration of the lease and a brief description of the duties of the proposed lessor and lessee.

      2.  Upon the hearing of a petition pursuant to subsection 1, if the court is satisfied that the lease is for the best interests of the protected minor and the estate of the protected minor, the court shall enter an order authorizing the guardian to enter into the lease.

      Sec. 116. A guardian of the estate, with prior approval of the court by order, may enter into agreements providing for the rental or bailment of the protected minor’s personal property. All proceedings to obtain such a court order must be the same as required for the lease of real property.

      Sec. 117. 1.  If the property to be leased consists of mining claims, an interest in the mining claims, property worked as a mine or lands containing oil, gas, steam, gravel or any minerals, the court may authorize the guardian to enter into a lease which provides for payment by the lessee of a royalty, in money or in kind, in lieu of a fixed rental. The court may also authorize the guardian to enter into a lease which provides for a pooling agreement or authorizes the lessee to enter into pooling or other cooperative agreements with lessees, operators or owners of other lands and minerals for the purpose of bringing about the cooperative development and operation of any mine, oil field or other unit of which the protected minor’s property is a part.

      2.  If the proposed lease contains an option to purchase, and the property to be sold under the option consists of mining claims, property worked as a mine, or interests in oil, gas, steam, gravel or any mineral, which has a speculative or undefined market value, the court may authorize the guardian to enter into such a lease and sales agreement or give an option to purchase without requiring the property to be sold at public auction or by private sale in the manner required by this chapter for sales of other real property.

      3.  If the petition filed pursuant to this section requests authority to enter into a lease with an option to purchase, in addition to the notice required by section 17 of this act, the guardian shall publish a copy of the notice at least twice, the first publication to be at least 10 days before the date set for the hearing and the second publication to be not earlier than 7 days after the date of the first publication. The notice must be published in:

      (a) A newspaper that is published in the county where the property is located; or

      (b) If no newspaper is published in the county where the property is located, a newspaper of general circulation in that county which is designated by the court.

      Sec. 118. 1.  To enter into an agreement to sell or to give an option to purchase a mining claim or real property worked as a mine which belongs to the estate of the protected minor, the guardian or an interested person shall file a petition with the court that:

 


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      (a) Describes the property or claim;

      (b) States the terms and general conditions of the agreement;

      (c) Shows any advantage that may accrue to the estate of the protected minor from entering into the agreement; and

      (d) Requests confirmation by the court of the agreement.

      2.  The court shall set the date of the hearing on the petition.

      3.  The petitioner shall give notice in the manner provided in section 17 of this act.

      Sec. 119. 1.  At the time appointed and if the court finds that due notice of the hearing concerning an agreement has been given, the court shall hear a petition filed pursuant to section 118 of this act and any objection to the petition that is filed or presented.

      2.  After the hearing, if the court is satisfied that the agreement will be to the advantage of the estate of the protected minor, the court:

      (a) Shall order the guardian to enter into the agreement; and

      (b) May prescribe in the order the terms and conditions of the agreement.

      3.  A certified copy of the court order must be recorded in the office of the county recorder of each county in which the property affected by the agreement, or any portion of the property, is located.

      Sec. 120. 1.  If the court orders the guardian to enter into the agreement pursuant to section 119 of this act, the court shall order the guardian to provide an additional bond and specify the amount of the bond in the court order.

      2.  The guardian is not entitled to receive any of the proceeds from the agreement until the guardian provides the bond and the court approves the bond.

      3.  When the court order is entered, the guardian shall execute, acknowledge and deliver an agreement which:

      (a) Contains the conditions specified in the court order;

      (b) States that the agreement or option is approved by court order; and

      (c) Provides the date of the court order.

      Sec. 121. 1.  If the purchaser or option holder neglects or refuses to comply with the terms of the agreement approved by the court pursuant to section 119 of this act, the guardian may petition the court to cancel the agreement. The court shall cancel the agreement after notice is given to the purchaser or option holder.

      2.  The cancellation of an agreement pursuant to this section does not affect any liability created by the agreement.

      Sec. 122. 1.  If the purchaser or option holder complies with the terms of an agreement approved by the court pursuant to section 119 of this act and has made all payments according to the terms of the agreement, the guardian shall:

      (a) Make a return to the court of the proceedings; and

      (b) Petition the court for confirmation of the proceedings.

      2.  Notice must be given to the purchaser or option holder regarding the petition for confirmation.

      3.  The court:

      (a) Shall hold a hearing regarding the petition for confirmation; and

      (b) May order or deny confirmation of the proceedings and execution of the conveyances in the same manner and with the same effect as when the court orders or denies a confirmation of a sale of real property.

 


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      Sec. 123. 1.  A guardian of the estate, with prior approval of the court, may accept an offer for the purchase of the interest or estate of the protected minor, in real or personal property or both real and personal property, where it appears from the petition and the court determines that:

      (a) The interest or estate of the protected minor in such property is an interest in a partnership, joint venture or closely held corporation, in which the offeror or offerors own the remaining interests in the partnership, joint venture or closely held corporation, or are offering to purchase such remaining interests.

      (b) The interest or estate of the protected minor in such property is an undivided interest in property in which the offeror or offerors own the remaining interests in such property or are offering to purchase such remaining interests.

      (c) The interest or estate of the protected minor to be sold or granted is an easement in or creates a servitude upon the protected minor’s property.

      2.  A guardian of the estate, with prior approval of the court, may accept an offer to surrender the interest or estate of the protected minor in real or personal property or both real and personal property, where it appears from the petition and the court determines that:

      (a) The interest or estate of the protected minor is contingent or dubious.

      (b) The interest or estate of the protected minor in such property is a servitude upon the property of another.

      Sec. 124. 1.  A guardian of the estate may petition the court for advice and instructions in any matter concerning:

      (a) The administration of the protected minor’s estate;

      (b) The priority of paying claims;

      (c) The propriety of making any proposed disbursement of funds;

      (d) Exercising for or on behalf of the protected minor:

             (1) Any options or other rights under any policy of insurance or annuity; and

             (2) The right to take under a will, trust or other devise;

      (e) The propriety of exercising any right exercisable by owners of property; and

      (f) Matters of a similar nature.

      2.  Any act done by a guardian of the estate after securing court approval or instructions with reference to the matters set forth in subsection 1 is binding upon the protected minor or those claiming through the protected minor, and the guardian is not personally liable for performing any such act.

      3.  If any interested person may be adversely affected by the proposed act of the guardian, the court shall direct the issuance of a citation to that interested person, to be served upon the person at least 20 days before the hearing on the petition. The citation must be served in the same manner that summons is served in a civil action and must direct the interested person to appear and show cause why the proposed act of the guardian should not be authorized or approved. All interested persons so served are bound by the order of the court which is final and conclusive, subject to any right of appeal.

      Sec. 125. 1.  A guardian of the estate shall record a certified copy of any court order authorizing the sale, mortgage, lease, surrender or conveyance of real property in the office of the county recorder of the county in which any portion of the land is located.

 


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conveyance of real property in the office of the county recorder of the county in which any portion of the land is located.

      2.  To carry out effectively any transaction affecting the protected minor’s property as authorized by this chapter, the court may authorize the guardian to execute any promissory note, mortgage, deed of trust, deed, lease, security agreement or other legal document or instrument which is reasonably necessary to carry out such transaction.

      Sec. 126. 1.  A guardian of the estate, with prior approval of the court by order, where it appears from the petition and the court determines that the best interests of the protected minor are served by such action, may:

      (a) Accept an offer to exchange all or any interest of the protected minor in real or personal property or both real and personal property for real or personal property or both real and personal property of another, and pay or receive any cash or other consideration to equalize the values on such exchange; or

      (b) Effect a voluntary partition of real or personal property or both real and personal property in which the protected owner owns an undivided interest.

      2.  Upon hearing the petition, the court shall inquire into the value of the property to be exchanged or partitioned, the rental or income therefrom, and the use for which the property is best suited.

      Sec. 127. Every guardianship established pursuant to this chapter must be reviewed by the court annually.

      Sec. 128. A guardian of the estate shall make and file a verified account in the guardianship proceeding:

      1.  Annually, not later than 60 days after the anniversary date of the appointment of the guardian, unless the court orders such an account to be made and filed at a different interval upon a showing of good cause and with the appropriate protection of the interests of the protected minor.

      2.  Upon filing a petition to resign and before the resignation is accepted by the court.

      3.  Within 30 days after the date of his or her removal, unless the court authorizes a longer period.

      4.  Within 90 days after the date of termination of the guardianship or the emancipation or death of the protected minor, unless the court authorizes a longer period.

      5.  At any other time as required by law or as the court may order.

      Sec. 129. 1.  An account made and filed by a guardian of the estate must include, without limitation, the following information:

      (a) The period covered by the account.

      (b) All cash receipts and disbursements during the period covered by the account.

      (c) All claims filed and the action taken regarding the account.

      (d) Any changes in the protected minor’s property due to sales, exchanges, investments, acquisitions, gifts, mortgages or other transactions which have increased, decreased or altered the protected minor’s property holdings as reported in the original inventory or the preceding account.

      (e) Any other information the guardian considers necessary to show the condition of the affairs of the protected minor.

      2.  If the account is for the estates of two or more wards, it must show the interest of each ward in the receipts, disbursements and property.

 


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      3.  Receipts or vouchers for all expenditures must be retained by the guardian for examination by the court or an interested person. Unless ordered by the court, the guardian is not required to file such receipts or vouchers with the court.

      4.  On the court’s own motion or on ex parte application by an interested person which demonstrates good cause, the court may:

      (a) Order production of the receipts or vouchers that support the account; and

      (b) Examine or audit the receipts or vouchers that support the account.

      5.  If a receipt or voucher is lost or for good reason cannot be produced on settlement of an account, payment may be proved by the oath of at least one competent witness. The guardian must be allowed expenditures if it is proven that:

      (a) The receipt or voucher for any disbursement has been lost or destroyed so that it is impossible to obtain a duplicate of the receipt or voucher; and

      (b) Expenses were paid in good faith and were valid charges against the estate.

      Sec. 130. 1.  Any interested person may appear at the hearing and object to the account or file written objections to the account before the hearing.

      2.  If there are no objections to the account or if the court overrules any objections, the court may enter an order allowing and confirming the account.

      3.  Except as otherwise provided in this subsection, the order settling and allowing the account is a final order and is conclusive against all persons interested in the guardianship proceeding, including, without limitation, heirs and assigns. The order is not final against a protected minor who requests an examination of any account after the protected minor’s legal disability is removed.

      4.  If the court finds that an interested person who objected to the account did not object in good faith or in furtherance of the best interests of the protected minor, the court may order the interested person to pay to the estate of the protected minor all or part of the expenses associated with the objection.

      Sec. 131. 1.  Subject to the discretion and approval of the court and except as otherwise provided in subsection 4, a guardian must be allowed:

      (a) Reasonable compensation for the guardian’s services;

      (b) Necessary and reasonable expenses incurred in exercising the authority and performing the duties of a guardian; and

      (c) Reasonable expenses incurred in retaining accountants, attorneys, appraisers or other professional services.

      2.  Reasonable compensation and services must be based upon similar services performed for persons who are not under a legal disability. In determining whether compensation is reasonable, the court may consider:

      (a) The nature of the guardianship;

      (b) The type, duration and complexity of the services required; and

      (c) Any other relevant factors.

      3.  In the absence of an order of the court pursuant to this chapter shifting the responsibility of the payment of compensation and expenses, the payment of compensation and expenses must be paid from the estate of the protected minor.

 


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the protected minor. In evaluating the ability of a protected minor to pay such compensation and expenses, the court may consider:

      (a) The nature, extent and liquidity of the protected minor’s assets;

      (b) The disposable net income of the protected minor;

      (c) Any foreseeable expenses; and

      (d) Any other factors that are relevant to the duties of the guardian pursuant to section 61 or 64 of this act.

      4.  A private professional guardian is not allowed compensation or expenses for services incurred by the private professional guardian as a result of a petition to have him or her removed as guardian if the court removes the private professional guardian pursuant to the provisions of paragraph (b), (d), (e), (f) or (h) of subsection 1 of section 133 of this act.

      Sec. 132. If a protected minor resides with a care provider that is an institution or facility, the care provider shall furnish to the guardian an itemized accounting of all financial activity pertaining to the protected minor:

      1.  On a quarterly basis; and

      2.  At any other time, upon the request of the guardian.

      Sec. 133. 1.  The court may remove a guardian if the court determines that:

      (a) The guardian has become mentally incompetent, unsuitable or otherwise incapable of exercising the authority and performing the duties of a guardian as provided by law;

      (b) The guardian is no longer qualified to act as a guardian pursuant to section 46 of this act;

      (c) The guardian has filed for bankruptcy within the previous 5 years;

      (d) The guardian of the estate has mismanaged the estate of the protected minor;

      (e) The guardian has negligently failed to perform any duty as provided by law or by any order of the court and:

             (1) The negligence resulted in injury to the protected minor or the estate of the protected minor; or

             (2) There was a substantial likelihood that the negligence would result in injury to the protected minor or the estate of the protected minor;

      (f) The guardian has intentionally failed to perform any duty as provided by law or by any lawful order of the court, regardless of injury;

      (g) The best interests of the protected minor will be served by the appointment of another person as guardian; or

      (h) The guardian is a private professional guardian who is no longer qualified as a private professional guardian pursuant to section 45 of this act.

      2.  A guardian may not be removed if the sole reason for removal is the lack of money to pay the compensation and expenses of the guardian.

      Sec. 134. A guardian who, after appointment:

      1.  Is convicted of a gross misdemeanor or felony in any state;

      2.  Files for or receives protection as an individual or as a principal of any entity under the federal bankruptcy laws;

      3.  Has a driver’s license suspended, revoked or cancelled for nonpayment of child support;

      4.  Is suspended for misconduct or disbarred from:

      (a) The practice of law;

      (b) The practice of accounting; or

 


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      (c) Any other profession which:

             (1) Involves or may involve the management or sale of money, investments, securities or real property; or

             (2) Requires licensure in this State or any other state; or

      5.  Has a judgment entered against him or her for misappropriation of funds or assets from any person or entity in any state,

Ê shall immediately inform the court of the circumstances of those events. The court may remove the guardian and appoint a successor guardian, unless the court finds that it is in the best interest of the protected minor to allow the guardian to continue in his or her appointment.

      Sec. 135. 1.  The following persons may petition the court to have a guardian removed:

      (a) The protected minor;

      (b) Any relative who is within the second degree of consanguinity to the protected minor;

      (c) A public guardian; or

      (d) Any other interested person.

      2.  The petition must:

      (a) State with particularity the reasons for removing the guardian; and

      (b) Show cause for the removal.

      3.  If the court denies the petition for removal, the petitioner shall not file a subsequent petition unless a material change of circumstances warrants a subsequent petition.

      4.  If the court finds that the petitioner did not file a petition for removal in good faith or in furtherance of the best interests of the protected minor, the court may:

      (a) Disallow the petitioner from petitioning the court for attorney’s fees from the estate of the protected minor; and

      (b) Impose sanctions on the petitioner in an amount sufficient to reimburse the estate of the protected minor for all or part of the expenses incurred by the estate of the protected minor in responding to the petition and for any other pecuniary losses which are associated with the petition.

      Sec. 136. 1.  If a petition to have a guardian removed is filed with the court, the court shall issue a citation to the petitioner. The petitioner shall serve the citation on the guardian and on all other interested persons.

      2.  The citation must require the guardian to appear and show cause why the court should not remove the guardian.

      3.  If it appears that the protected minor or estate may suffer loss or injury during the time required for service of the citation on the guardian, on the court’s own motion or on petition, the court may:

      (a) Suspend the powers of the guardian by issuing a 30-day temporary restraining order or an injunction;

      (b) Compel the guardian to surrender the protected minor to a temporary guardian for not more than 30 days; and

      (c) Compel the guardian to surrender the assets of the estate to a temporary guardian or to the public guardian until the date set for the hearing.

      Sec. 137. If a petition to remove a guardian is deemed sufficient and the guardian fails to appear before the court, the court may take any or all of the following actions:

      1.  Hold the guardian in contempt of court.

      2.  Require the guardian to appear at a date and time set by the court.

 


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      3.  Issue a bench warrant for the arrest and appearance of the guardian.

      4.  Find that the guardian caused harm to the protected minor or the estate of the protected minor and issue an order accordingly.

      Sec. 138. 1.  Notwithstanding any other provision of law, except as otherwise provided in subsection 3, the court shall not remove the guardian or appoint another person as guardian unless the court finds that removal of the guardian or appointment of another person as guardian is in the best interests of the protected minor.

      2.  For the purposes of this section in determining the best interests of the protected minor, the court shall consider, without limitation:

      (a) The ability of the present guardian to provide for the basic needs of the protected minor, including, without limitation, food, shelter, clothing and medical care;

      (b) The safety of the home in which the protected minor is residing;

      (c) The length of time that the protected minor has been in the care of the present guardian;

      (d) The current well-being of the protected minor, including whether the protected minor is prospering in the environment being provided by the present guardian;

      (e) The emotional bond existing between the present guardian and the protected minor;

      (f) If the person petitioning the court to replace the present guardian was previously removed from the care, custody or guardianship of the protected minor:

             (1) The level of participation before the petition was filed by the petitioner in the welfare of the protected minor; and

             (2) If applicable, whether the petitioner has received instruction in parenting, participated in a program of rehabilitation or undergone counseling for any problem or conduct that the court, in appointing the present guardian, considered as an indication of the previous unfitness of the petitioner; and

      (g) The mental and physical health of the present guardian.

      3.  The court may remove the guardian of a protected minor or appoint another person as guardian if the guardian files a petition to resign his or her position as guardian.

      Sec. 139. 1.  When a guardian dies or is removed by order of the court, the court, upon the court’s own motion or upon a petition filed by any interested person, may appoint another guardian in the same manner and subject to the same requirements as are provided by law for an original appointment of a guardian.

      2.  If a guardian of the person is appointed for a protected minor pursuant to this section, the protected minor must be served with the petition. If the protected minor does not object to the appointment, the protected minor is not required to attend the hearing.

      Sec. 140. 1.  A guardian of the person, of the estate, or of the person and the estate, may file with the court a petition tendering the resignation of the guardian.

      2.  If the guardian files a petition to resign, the court shall serve notice upon any person entitled to notice pursuant to section 29 of this act.

 


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      Sec. 141. 1.  Before the court approves the resignation of a guardian of the person and discharges the guardian, the court shall appoint a successor guardian.

      2.  If a protected minor has more than one guardian, the court may approve the resignation of one of the guardians if the remaining guardian or guardians are qualified to act alone.

      Sec. 142. 1.  Before the court approves the resignation of a guardian of the estate and discharges the guardian, the court shall require the guardian to submit, on the date set for the hearing, an accounting of the estate through the end of the term.

      2.  If the guardian fails to file such an accounting, the court may impose sanctions upon the guardian.

      3.  If an estate has more than one guardian, the court may accept the resignation of one of the guardians if the remaining guardian or guardians are qualified to act alone. The court may waive the requirement of filing the accounting if the remaining guardian or guardians are:

      (a) Required to file the annual accounting, if applicable; and

      (b) Responsible for any discrepancies in the accounting.

      4.  Upon approval of the accounting, if any is required, and appointment of a successor guardian, the court may approve the resignation of a guardian and order the discharge of his or her duties.

      Sec. 143. 1.  A protected minor, the guardian or another person may petition the court for the termination or modification of a guardianship. The petition must state or contain:

      (a) The name and address of the petitioner.

      (b) The relationship of the petitioner to the protected minor.

      (c) The name, age and address of the protected minor, if the protected minor is not the petitioner, or the date of death of the protected minor if the protected minor is deceased.

      (d) The name and address of the guardian, if the guardian is not the petitioner.

      (e) The reason for termination or modification.

      (f) Whether the termination or modification is sought for a guardianship of the person, of the estate, or of the person and estate.

      (g) A general description and the value of the remaining property of the protected minor and the proposed disposition of that property.

      2.  Upon the filing of the petition, the court may appoint an attorney to represent the protected minor if:

      (a) The protected minor is unable to retain an attorney; and

      (b) The court determines that the appointment is necessary to protect the interests of the protected minor.

      3.  The petitioner has the burden of proof to show by clear and convincing evidence that the termination or modification of the guardianship of the person, of the estate, or of the person and estate is in the best interests of the protected minor.

      4.  The court shall issue a citation requiring all interested persons to appear and show cause why termination or modification of the guardianship should not be granted. The court shall serve the citation on the guardian and the petitioner. The petitioner shall serve the citation on all interested persons.

 


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      5.  If the court finds that the petitioner did not file a petition for termination or modification in good faith or in furtherance of the best interests of the protected minor, the court may:

      (a) Disallow the petitioner from petitioning the court for attorney’s fees from the estate of the protected minor; and

      (b) Impose sanctions on the petitioner in an amount sufficient to reimburse the estate of the protected minor for all or part of the expenses and for any other pecuniary losses which are incurred by the estate of the protected minor and associated with the petition.

      Sec. 144. 1.  A guardianship of the person, of the estate, or of the person and estate is terminated:

      (a) By the death of the protected minor;

      (b) Upon the protected minor’s change of domicile to a place outside this State and the transfer of jurisdiction to the court having jurisdiction in the new domicile;

      (c) Upon order of the court, if the court determines that the guardianship no longer is necessary;

      (d) On the date on which the protected minor reaches 18 years of age; or

      (e) On the date on which the protected minor graduates from high school or becomes 19 years of age, whichever occurs sooner, if:

             (1) The protected minor will be older than 18 years of age upon graduation from high school; and

             (2) The protected minor and the guardian consent to continue the guardianship and the consent is filed with the court at least 14 days before the date on which the protected minor will become 18 years of age.

      2.  A guardianship of the estate is terminated:

      (a) If the court removes the guardian or accepts the resignation of the guardian and does not appoint a successor guardian;

      (b) If the court determines that the guardianship is not necessary and orders the guardianship terminated; or

      (c) By the death of the protected minor, subject to the provisions of section 147 of this act.

      3.  If the guardianship is of the person and estate, the court may order the guardianship terminated as to the person, the estate, or the person and estate.

      4.  The guardian shall notify the court, all interested parties, the trustee, and the named executor or appointed personal representative of the estate of the protected minor of the death of the protected minor within 30 days after the death.

      5.  Immediately upon the death or emancipation of the protected minor:

      (a) The guardian of the estate shall have no authority to act for the protected minor except to wind up the affairs of the guardianship pursuant to section 147 of this act, and to distribute the property of the protected minor as provided in sections 148 and 149 of this act; and

      (b) No person has standing to file a petition pursuant to section 60 of this act.

      6.  A hearing may be held not later than 90 days before a protected minor reaches the age of majority to determine whether:

 


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      (a) Guardianship is needed beyond the age of majority;

      (b) The protected minor desires an additional year of guardianship beyond the age of majority; and

      (c) The guardian should be notified of any requirements of the guardianship which require compliance before termination of the guardianship.

      7.  If, at a hearing conducted pursuant to subsection 6, a court makes a determination that, upon reaching the age of majority, a protected minor would be deemed incompetent, as defined in NRS 159.019, a petition may be filed in accordance with the provisions of chapter 159 of NRS to seek guardianship for the protected minor pursuant to that chapter to take effect when the protected minor reaches the age of majority. The protected minor has the right to be represented by counsel if guardianship is sought pursuant to this subsection.

      Sec. 145. 1.  If, before a protected minor is emancipated, a parent of the protected minor petitions the court for the termination of a guardianship of the protected minor, the parent has the burden of proof to show by clear and convincing evidence that:

      (a) There has been a material change of circumstances since the time the guardianship was created. The parent must show that, as part of the change of circumstances, the parent has been restored to suitability as described in section 46 of this act.

      (b) Except as otherwise provided in subsection 2, the welfare of the protected minor would be substantially enhanced by the termination of the guardianship and the placement of the protected minor with the parent.

      2.  If the parent consented to the guardianship when it was created, the parent is required to make only that showing set forth in paragraph (a) of subsection 1.

      Sec. 146. 1.  If a temporary guardianship is terminated and a petition for a general guardianship has not been filed:

      (a) The temporary guardian shall immediately turn over all of the protected minor’s property to the protected minor; or

      (b) If the temporary guardian is awaiting certification from the appropriate authority acknowledging that the guardian has no further liability for taxes on the estate, the temporary guardian shall seek approval from the court to maintain possession of all or a portion of the protected minor’s property.

      2.  If a temporary guardianship is terminated and a petition for general guardianship has been filed, the temporary guardian of the estate may:

      (a) Continue possessing the protected minor’s property; and

      (b) Perform the duties of guardian for not more than 90 days after the temporary guardianship is terminated or until the court appoints another temporary or general guardian.

      3.  If the death of a protected minor causes the termination of a temporary guardianship before the hearing on a general guardianship:

      (a) The temporary guardian of the estate may:

             (1) Continue possessing the protected minor’s property; and

             (2) Except as otherwise provided in this paragraph, perform the duties of guardian for not more than 90 days after the date of the termination of the temporary guardianship or until the court appoints a personal representative of the estate, if any. If the temporary guardian is awaiting certification from the appropriate authority acknowledging that the guardian has no further liability for taxes on the estate and it will take longer than 90 days after the date of the termination of the temporary guardianship to receive such certification, the temporary guardian must seek approval from the court to maintain possession of all or a portion of the protected minor’s property until certification is received.

 


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awaiting certification from the appropriate authority acknowledging that the guardian has no further liability for taxes on the estate and it will take longer than 90 days after the date of the termination of the temporary guardianship to receive such certification, the temporary guardian must seek approval from the court to maintain possession of all or a portion of the protected minor’s property until certification is received.

      (b) If no personal representative has been appointed pursuant to chapter 138 or 139 of NRS, the temporary guardian shall pay all of the final expenses and outstanding debts of the protected minor to the extent possible using the assets in the possession of the temporary guardian.

      Sec. 147. 1.  The guardian of the estate is entitled to retain possession of the protected minor’s property already in the control of the guardian and is authorized to perform the duties of the guardian to wind up the affairs of the guardianship:

      (a) Except as otherwise provided in paragraph (b), (c) or (d), for not more than 180 days or a period that is reasonable and necessary as determined by the court after the termination of the guardianship;

      (b) Except as otherwise provided in paragraph (d), for not more than 90 days after the date of the appointment of a personal representative of the estate of a deceased protected minor;

      (c) Except as otherwise provided in paragraph (d), for not more than 90 days after the date of the appointment of a successor trustee of a trust of the deceased protected minor and upon request by the trustee; or

      (d) Upon approval of the court, for more than 180 days or 90 days, as applicable, if the guardian is awaiting certification from the appropriate authority acknowledging that the guardian has no further liability for taxes on the estate.

      2.  To wind up the affairs of the guardianship, the guardian shall:

      (a) Pay all expenses of administration of the guardianship estate, including those incurred in winding up the affairs of the guardianship.

      (b) Complete the performance of any contractual obligations incurred by the guardianship estate.

      (c) With prior approval of the court, continue any activity that:

             (1) The guardian believes is appropriate and necessary; or

             (2) Was commenced before the termination of the guardianship.

      (d) If the guardianship is terminated for a reason other than the death of the protected minor, examine and allow and pay, or reject, all claims presented to the guardian before the termination of the guardianship for obligations incurred before the termination.

      3.  If the assets are transferred to a personal representative or a successor trustee as provided for in paragraphs (b) and (c) of subsection 1, the court may authorize the guardian to retain sufficient assets to pay any anticipated expenses and taxes of the guardianship estate.

      Sec. 148. 1.  If the guardianship is terminated by reason of the death of the protected minor:

      (a) Except as otherwise provided in section 149 of this act, the guardian shall report to the personal representative claims which are presented to the guardian, or which have been presented to the guardian but have not been paid, except those incurred in paying the expenses of administration of the guardianship estate and in winding up the affairs of the guardianship estate.

 


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      (b) Claims which have been allowed by the guardian, but not paid, must be paid by the personal representative in the course of probate in the priority provided by law for payment of claims against a decedent, and shall have the same effect and priority as a judgment against a decedent.

      (c) Claims which have been presented and not allowed or rejected must be acted upon by the personal representative in the same manner as other claims against a decedent.

      2.  The personal representative must be substituted as the party in interest for the guardian in any action commenced or which may be commenced by the creditor pursuant to section 79 of this act, including summary determination, on any claim rejected by the guardian.

      Sec. 149. 1.  After the winding up of the affairs of the guardianship, the guardian shall deliver physical possession of all of the protected minor’s property to the protected minor, the personal representative or the successor guardian, as the case may be, and obtain a receipt of the delivery of the property.

      2.  Before the guardian delivers physical possession of the protected minor’s property to the personal representative and upon sufficient evidence of prior title, the guardian may petition the court to have the title to the property modified, on a pro rata basis, to reflect the manner in which title was held before the guardianship was established so that the property is distributed to the intended beneficiary or former joint owner of the property.

      3.  If the guardianship has terminated by reason of the death of the protected minor, the court, by order, may authorize the guardian to handle the deceased protected minor’s property in the same manner as authorized by NRS 146.070 or 146.080, if the gross value of the property, less encumbrances, and less fees, costs and expenses that are approved by the court, remaining in the hands of the guardian does not exceed the amount authorized pursuant to NRS 146.070 or 146.080.

      Sec. 150. 1.  Upon the filing of receipts and vouchers showing compliance with the orders of the court in winding up the affairs of the guardianship, the court shall enter an order discharging the guardian and exonerating the bond of the guardian.

      2.  A guardian is not relieved of liability for his or her term as guardian until an order of discharge is entered and filed with the court.

      Sec. 151. A guardian shall maintain all records and documents for each protected minor whom the guardian has authority over for a period of not less than 7 years after the court terminates the guardianship and shall maintain all financial records related to the guardianship for a period of not less than 7 years after the date of the last financial transaction.

      Sec. 152. 1.  Where a guardian of the estate for a nonresident has not been appointed in this State, but the nonresident has a foreign guardian and a person within this State is indebted to such nonresident or such nonresident has property within this State that is capable of being removed and which is on deposit with or in the possession of a resident of this State, and such property is not subject to a mortgage, pledge, lien or other encumbrance restricting removal of the property from this State, the person in possession of the property may deliver such property or the person indebted may pay such debt, to the foreign guardian. The delivery of such property or the payment of such debt is, to the extent of such delivery or payment, a release and discharge with respect to such property or debt.

 


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of such property or the payment of such debt is, to the extent of such delivery or payment, a release and discharge with respect to such property or debt.

      2.  The court may require such foreign guardian to post a bond in the same manner as required of a resident guardian and may enter such orders as are necessary to protect secured creditors of the protected minor and unsecured creditors of the protected minor who are residents of this State.

      Sec. 153. 1.  Except as otherwise provided in this section or NRS 127.045, a parent, without the approval of a court, may appoint in writing a short-term guardianship for an unmarried minor child if the parent has legal custody of the minor child.

      2.  The appointment of a short-term guardianship is effective for a minor who is 14 years of age or older only if the minor provides written consent to the guardianship.

      3.  The appointment of a short-term guardian does not affect the rights of the other parent of the minor.

      4.  A parent shall not appoint a short-term guardian for a minor child if the minor child has another parent:

      (a) Whose parental rights have not been terminated;

      (b) Whose whereabouts are known; and

      (c) Who is willing and able to make and carry out daily child care decisions concerning the minor,

Ê unless the other parent of the minor child provides written consent to the appointment.

      5.  The written instrument appointing a short-term guardian becomes effective immediately upon execution and must include, without limitation:

      (a) The date on which the guardian is appointed;

      (b) The name of the parent who appointed the guardian, the name of the minor child for whom the guardian is appointed and the name of the person who is appointed as the guardian; and

      (c) The signature of the parent and the guardian in the presence of a notary public acknowledging the appointment of the guardian. The parent and guardian are not required to sign and acknowledge the instrument in the presence of the other.

      6.  The short-term guardian appointed pursuant to this section serves as guardian of the minor for 6 months, unless the written instrument appointing the guardian specifies a shorter term or specifies that the guardianship is to terminate upon the happening of an event that occurs sooner than 6 months.

      7.  Only one written instrument appointing a short-term guardian for the minor child may be effective at any given time.

      8.  The appointment of a short-term guardian pursuant to this section:

      (a) May be terminated by an instrument in writing signed by either parent if that parent has not been deprived of the legal custody of the minor.

      (b) Is terminated by any order of a court of competent jurisdiction that appoints a guardian.

      Sec. 154. 1.  A member of the Armed Forces of the United States, a reserve component thereof or the National Guard may, by written instrument and without the approval of a court, appoint any competent adult residing in this State as the guardian of the person of a minor child who is a dependent of that member.

 


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adult residing in this State as the guardian of the person of a minor child who is a dependent of that member. The instrument must be:

      (a) Executed by both parents if living, not divorced and having legal custody of the child, otherwise by the parent having legal custody; and

      (b) Acknowledged in the same manner as a deed.

Ê If both parents do not execute the instrument, the executing parent shall send by certified mail, return receipt requested, to the other parent at his or her last known address, a copy of the instrument and a notice of the provisions of subsection 3.

      2.  The instrument must contain a provision setting forth the:

      (a) Branch of the Armed Forces;

      (b) Unit of current assignment;

      (c) Current rank or grade; and

      (d) Social security number or service number,

Ê of the parent who is the member.

      3.  The appointment of a guardian pursuant to this section:

      (a) May be terminated by a written instrument signed by either parent of the child if that parent has not been deprived of his or her parental rights to the child; and

      (b) Is terminated by any order of a court.

      Sec. 155. 1.  If a guardian, interested person, protected minor or proposed protected minor petitions the court upon oath alleging:

      (a) That a person has or is suspected to have concealed, converted to his or her own use, conveyed away or otherwise disposed of any money, good, chattel or effect of the protected minor or proposed protected minor; or

      (b) That the person has in his or her possession or knowledge any deed, conveyance, bond, contract or other writing which contains evidence of, or tends to disclose the right, title or interest of the protected minor or proposed protected minor in or to, any real or personal property, or any claim or demand,

Ê the judge may cause the person to be cited to appear before the district court to answer, upon oath, upon the matter of the petition.

      2.  If the person cited does not reside in the county where letters of guardianship have been issued pursuant to section 56 of this act, the person may be cited and examined before the district court of the county where the person resides, or before the court that issued the citation. Each party to the petition may produce witnesses, and such witnesses may be examined by either party.

      Sec. 156. 1.  If the court finds, after examination of a person cited pursuant to section 155 of this act, that the person has committed an act:

      (a) Set forth in paragraph (a) of subsection 1 of section 155 of this act, the court may order the person to return the asset or the value of the asset to the guardian of the estate; or

      (b) Set forth in paragraph (b) of subsection 1 of section 155 of this act, the court may order the person to return the asset or provide information concerning the location of the asset to the guardian of the estate.

      2.  The court may hold a person who is cited pursuant to section 155 of this act in contempt of court and deal with the person accordingly if the person:

      (a) Refuses to appear and submit to examination or to testify regarding the matter complained of in the petition; or

 


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      (b) Fails to comply with an order of the court issued pursuant to subsection 1.

      3.  An order of the court pursuant to subsection 1 is prima facie evidence of the right of the proposed protected minor or the estate of the protected minor to the asset described in the order in any action that may be brought for the recovery thereof, and any judgment recovered therein must be double the value of the asset, and damages in addition thereof equal to the value of such property.

      4.  If the person who is cited pursuant to section 155 of this act appears and, upon consideration of the petition, the court finds that the person is not liable or responsible to the proposed protected minor or the estate of the protected minor, the court may order:

      (a) The proposed protected minor or the estate of the protected minor to pay the attorney’s fees and costs of the respondent; or

      (b) If the court finds that the petitioner unnecessarily or unreasonably filed the petition, the petitioner personally to pay the attorney’s fees and costs of the respondent.

      Sec. 157. In addition to any order from which an appeal is expressly authorized pursuant to this chapter, an appeal may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution within 30 days after its notice of entry from an order:

      1.  Granting or revoking letters of guardianship.

      2.  Directing or authorizing the sale or conveyance, or confirming the sale, of property of the estate of a protected minor.

      3.  Settling an account.

      4.  Ordering or authorizing a guardian to act pursuant to section 82 of this act.

      5.  Ordering or authorizing the payment of a debt, claim, devise, guardian’s fees or attorney’s fees.

      6.  Determining ownership interests in property.

      7.  Granting or denying a petition to enforce the liability of a surety.

      8.  Granting or denying a petition for modification or termination of a guardianship.

      9.  Granting or denying a petition for removal of a guardian or appointment of a successor guardian.

      Sec. 158. Chapter 159 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Protected minor” has the meaning ascribed to it in section 11 of this act.

      Sec. 159. NRS 159.013 is hereby amended to read as follows:

      159.013  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 159.014 to 159.027, inclusive, and section 158 of this act have the meanings ascribed to them in those sections.

      Sec. 160. NRS 159.014 is hereby amended to read as follows:

      159.014  “Care provider” includes any public or private institution located within or outside this state which provides facilities for the care or maintenance of incompetents [,] or persons of limited capacity . [or minors.]

      Sec. 161. NRS 159.015 is hereby amended to read as follows:

      159.015  “Court” means any court or judge having jurisdiction of the persons and estates of [minors,] incompetent persons [,] or persons of limited capacity.

 


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      Sec. 162. NRS 159.023 is hereby amended to read as follows:

      159.023  “Minor” means any person who is:

      1.  Less than 18 years of age; or

      2.  Less than 19 years of age if [the] guardianship of the person is continued until the person reaches the age of 19 years pursuant to [NRS 159.191.] section 144 of this act.

      Sec. 163. NRS 159.024 is hereby amended to read as follows:

      159.024  1.  “Private professional guardian” means a person who receives compensation for services as a guardian to three or more wards who are not related to the guardian by blood or marriage.

      2.  For the purposes of this chapter, the term includes:

      (a) A person who serves as a private professional guardian and who is required to have a license issued pursuant to chapter 628B of NRS.

      (b) A person who serves as a private professional guardian but who is exempt pursuant to NRS 159.0595 or 628B.110 or section 45 of this act from the requirement to have a license issued pursuant to chapter 628B of NRS.

      3.  The term does not include:

      (a) A governmental agency.

      (b) A public guardian appointed or designated pursuant to the provisions of chapter 253 of NRS.

      4.  As used in this section, “ward” includes a protected minor.

      Sec. 164. NRS 159.025 is hereby amended to read as follows:

      159.025  “Proposed ward” means any person , other than a minor, for whom proceedings for the appointment of a guardian have been initiated in this State or, if the context so requires, for whom similar proceedings have been initiated in another state.

      Sec. 165. NRS 159.027 is hereby amended to read as follows:

      159.027  “Ward” means any person , other than a minor, for whom a guardian has been appointed.

      Sec. 166. NRS 159.034 is hereby amended to read as follows:

      159.034  1.  Except as otherwise provided in this section, by specific statute or as ordered by the court, a petitioner in a guardianship proceeding shall give notice of the time and place of the hearing on any petition filed in the guardianship proceeding to:

      (a) [Any minor ward who is 14 years of age or older.

      (b) The parent or legal guardian of any minor ward who is less than 14 years of age.

      (c)] The spouse of the ward and all other known relatives of the ward who are within the second degree of consanguinity.

      [(d)](b) Any other interested person or the person’s attorney who has filed a request for notice in the guardianship proceedings and has served a copy of the request upon the guardian. The request for notice must state the interest of the person filing the request and the person’s name and address, or that of his or her attorney.

      [(e)](c) The guardian, if the petitioner is not the guardian.

      [(f)](d) Any person or care provider who is providing care for the ward, except that if the person or care provider is not related to the ward, such person or care provider must not receive copies of any inventory or accounting.

 


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      [(g)](e) Any office of the Department of Veterans Affairs in this State if the ward is receiving any payments or benefits through the Department of Veterans Affairs.

      [(h)](f) The Director of the Department of Health and Human Services if the ward has received or is receiving benefits from Medicaid.

      [(i)](g) Those persons entitled to notice if a proceeding were brought in the ward’s home state.

      2.  The petitioner shall give notice not later than 10 days before the date set for the hearing:

      (a) By mailing a copy of the notice by certified, registered or ordinary first-class mail to the residence, office or post office address of each person required to be notified pursuant to this section;

      (b) By personal service; or

      (c) In any other manner ordered by the court, upon a showing of good cause.

      3.  Except as otherwise provided in this subsection, if none of the persons entitled to notice of a hearing on a petition pursuant to this section can, after due diligence, be served by certified mail or personal service and this fact is proven by affidavit to the satisfaction of the court, service of the notice must be made by publication in the manner provided by N.R.C.P. 4(e). In all such cases, the notice must be published not later than 10 days before the date set for the hearing. If, after the appointment of a guardian, a search for relatives of the ward listed in paragraph [(c)] (a) of subsection 1 fails to find any such relative, the court may waive the notice by publication required by this subsection.

      4.  For good cause shown, the court may waive the requirement of giving notice.

      5.  A person entitled to notice pursuant to this section may waive such notice. Such a waiver must be in writing and filed with the court.

      6.  On or before the date set for the hearing, the petitioner shall file with the court proof of giving notice to each person entitled to notice pursuant to this section.

      Sec. 167. NRS 159.037 is hereby amended to read as follows:

      159.037  1.  The venue for the appointment of a guardian when the proposed ward’s home state is this State must be the county where the proposed ward resides.

      2.  If the proper venue may be in two or more counties, the county in which the proceeding is first commenced is the proper county in which to continue the proceedings.

      3.  Upon the filing of a petition showing that the proper venue is inconvenient, a venue other than that provided in subsection 1 may accept the proceeding.

      Sec. 168. NRS 159.039 is hereby amended to read as follows:

      159.039  1.  If proceedings for the appointment of a guardian for the same proposed ward are commenced in more than one county in this State, and the proposed ward’s home state is this State, they shall be stayed, except in the county where first commenced, until final determination of venue in that county. If the proper venue is finally determined to be in another county, the court shall cause a transcript of the proceedings and all original papers filed therein, all certified by the clerk of the court, to be sent to the clerk of the court of the proper county.

      2.  A proceeding is considered commenced by the filing of a petition.

 


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      3.  The proceedings first legally commenced for the appointment of a guardian of the estate or of the person and estate extends to all the property of the proposed ward which is in this state.

      Sec. 169. NRS 159.041 is hereby amended to read as follows:

      159.041  A court having before it any guardianship matter for a ward or proposed ward whose home state is this State may transfer the matter to another county in the interest of the ward or proposed ward or, if not contrary to the interest of the ward [,] or proposed ward, for the convenience of the guardian. A petition for the transfer, setting forth the reasons therefor, may be filed in the guardianship proceeding. If the court is satisfied that the transfer is in the interest of the ward or proposed ward or, if not contrary to the interest of the ward [,] or proposed ward, for the convenience of the guardian, the court shall make an order of transfer and cause a transcript of the proceedings in the matter, all original papers filed in such proceedings and the original bond filed by the guardian, to be certified by the clerk of the court originally hearing the matter and sent to the clerk of the court of the other county. Upon receipt of the transcript, papers and bond, and the filing of them for record, the court of the other county has complete jurisdiction of the matter, and thereafter all proceedings shall be as though they were commenced in that court.

      Sec. 170. NRS 159.043 is hereby amended to read as follows:

      159.043  1.  All petitions filed in [any] a guardianship proceeding pursuant to this chapter must bear the title of the court and cause.

      2.  The caption of all petitions and other documents filed in a guardianship proceeding pursuant to this chapter must read, “In The Matter of the Guardianship of ................ (the person, the estate, or the person and estate), ................ (the legal name of the person), [................ (adult or minor).”] adult.”

      Sec. 171. NRS 159.044 is hereby amended to read as follows:

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

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

      (a) The name and address of the petitioner.

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

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

             (1) A social security number;

             (2) A taxpayer identification number;

             (3) A valid driver’s license number;

             (4) A valid identification card number; or

             (5) A valid passport number.

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

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

 


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

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

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

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

      [(g)](f) The name, date of birth and current address of the proposed guardian. If the proposed guardian is a private professional guardian, the petition must include proof that the guardian meets the requirements of NRS 159.0595 [.] or section 45 of this act. If the proposed guardian is not a private professional guardian, the petition must include a statement that the guardian currently is not receiving compensation for services as a guardian to more than one ward who is not related to the person by blood or marriage.

      [(h)]As used in this paragraph, “ward” includes a protected minor.

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

             (1) A social security number;

             (2) A taxpayer identification number;

             (3) A valid driver’s license number;

             (4) A valid identification card number; or

             (5) A valid passport number.

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

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

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

                   (I) The need for a guardian;

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

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

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

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

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

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

 


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

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

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

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

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

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

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

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

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

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

      Sec. 172. NRS 159.047 is hereby amended to read as follows:

      159.047  1.  Except as otherwise provided in NRS 159.0475 , 159.0523 and [159.049 to] 159.0525, [inclusive,] upon the filing of a petition under NRS 159.044, the clerk shall issue a citation setting forth a time and place for the hearing and directing the persons or care provider referred to in subsection 2 to appear and show cause why a guardian should not be appointed for the proposed ward.

      2.  A citation issued under subsection 1 must be served upon:

      (a) [A] The proposed ward ; [who is 14 years of age or older;]

      (b) The spouse of the proposed ward and all other known relatives of the proposed ward who are:

             (1) Fourteen years of age or older; and

             (2) Within the second degree of consanguinity;

      (c) The parents and custodian of the proposed ward;

 


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      (d) Any person or officer of a care provider having the care, custody or control of the proposed ward;

      (e) The proposed guardian, if the petitioner is not the proposed guardian;

      (f) Any office of the Department of Veterans Affairs in this State if the proposed ward is receiving any payments or benefits through the Department of Veterans Affairs; and

      (g) The Director of the Department of Health and Human Services if the proposed ward has received or is receiving any benefits from Medicaid.

      Sec. 173. NRS 159.0485 is hereby amended to read as follows:

      159.0485  1.  At the first hearing for the appointment of a guardian for a proposed [adult] ward, the court shall advise the proposed [adult] ward who is in attendance at the hearing or who is appearing by videoconference at the hearing of his or her right to counsel and determine whether the proposed [adult] ward wishes to be represented by counsel in the guardianship proceeding. If the proposed [adult] ward is not in attendance at the hearing because the proposed [adult] ward has been excused pursuant to NRS 159.0535 and is not appearing by videoconference at the hearing, the proposed [adult] ward must be advised of his or her right to counsel pursuant to subsection 2 of NRS 159.0535.

      2.  If [an adult] a ward or proposed [adult] ward is unable to retain legal counsel and requests the appointment of counsel at any stage in a guardianship proceeding and whether or not the [adult] ward or proposed [adult] ward lacks or appears to lack capacity, the court shall, at or before the time of the next hearing, appoint an attorney who works for legal aid services, if available, or a private attorney to represent the [adult] ward or proposed [adult] ward. The appointed attorney shall represent the [adult] ward or proposed [adult] ward until relieved of the duty by court order.

      3.  Subject to the discretion and approval of the court, the attorney for the [adult] ward or proposed [adult] ward is entitled to reasonable compensation and expenses. Unless the court determines that the [adult] ward or proposed [adult] ward does not have the ability to pay such compensation and expenses or the court shifts the responsibility of payment to a third party, the compensation and expenses must be paid from the estate of the [adult] ward or proposed [adult] ward, unless the compensation and expenses are provided for or paid by another person or entity. If the court finds that a person has unnecessarily or unreasonably caused the appointment of an attorney, the court may order the person to pay to the estate of the [adult] ward or proposed [adult] ward all or part of the expenses associated with the appointment of the attorney.

      Sec. 174. NRS 159.0487 is hereby amended to read as follows:

      159.0487  Any court of competent jurisdiction may appoint:

      1.  Guardians of the person, of the estate, or of the person and estate for incompetents [or minors] whose home state is this State.

      2.  Guardians of the person or of the person and estate for incompetents [or minors] who, although not residents of this State, are physically present in this State and whose welfare requires such an appointment.

      3.  Guardians of the estate for nonresident incompetents [or nonresident minors] who have property within this State.

      4.  Special guardians.

      5.  Guardians ad litem.

 


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      Sec. 175. NRS 159.0523 is hereby amended to read as follows:

      159.0523  1.  A petitioner may request the court to appoint a temporary guardian for a proposed ward [who is an adult and] who is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention. To support the request, the petitioner must set forth in a petition and present to the court under oath:

      (a) Documentation which shows the proposed ward faces a substantial and immediate risk of physical harm or needs immediate medical attention and lacks capacity to respond to the risk of harm or obtain the necessary medical attention. Such documentation must include, without limitation, a certificate signed by a physician who is licensed to practice medicine in this State or who is employed by the Department of Veterans Affairs, a letter signed by any governmental agency in this State which conducts investigations or a police report indicating:

             (1) That the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention;

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

             (3) Whether the proposed ward is or has been subjected to abuse, neglect, exploitation, isolation or abandonment; and

      (b) Facts which show that:

             (1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 by telephone or in writing before the filing of the petition;

             (2) The proposed ward would be exposed to an immediate risk of physical harm if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint a temporary guardian; or

             (3) Giving notice to the persons entitled to notice pursuant to NRS 159.047 is not feasible under the circumstances.

      2.  The court may appoint a temporary guardian to serve for 10 days if the court:

      (a) Finds reasonable cause to believe that the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention; and

      (b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 or that giving notice to those persons is not feasible under the circumstances, or determines that such notice is not required pursuant to subparagraph (2) of paragraph (b) of subsection 1.

      3.  Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to NRS 159.047, including, without limitation, notice of any hearing to extend the temporary guardianship. If the petitioner fails to make such an effort, the court may terminate the temporary guardianship.

      4.  If, before the appointment of a temporary guardian, the court determined that advance notice was not required pursuant to subparagraph (2) of paragraph (b) of subsection 1, the petitioner shall notify the persons entitled to notice pursuant to NRS 159.047 without undue delay, but not later than 48 hours after the appointment of the temporary guardian or not later than 48 hours after the petitioner discovers the existence, identity and location of the persons entitled to notice pursuant to that section.

 


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than 48 hours after the petitioner discovers the existence, identity and location of the persons entitled to notice pursuant to that section. If the petitioner fails to provide such notice, the court may terminate the temporary guardianship.

      5.  Not later than 10 days after the date of the appointment of a temporary guardian pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in subsection 7, the court may extend the temporary guardianship until a general or special guardian is appointed pursuant to subsection 8 if:

      (a) The court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention; and

      (b) The extension of the temporary guardianship is necessary and in the best interests of the proposed ward.

      6.  If the court appoints a temporary guardian or extends the temporary guardianship pursuant to this section, the court shall limit the powers of the temporary guardian to those necessary to respond to the substantial and immediate risk of physical harm or to a need for immediate medical attention.

      7.  The court may not extend a temporary guardianship pursuant to subsection 5 beyond the initial period of 10 days unless the petitioner demonstrates that:

      (a) The provisions of NRS 159.0475 have been satisfied; or

      (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being undertaken.

      8.  The court may extend the temporary guardianship, for good cause shown, for not more than two successive 60-day periods, except that the court shall not cause the temporary guardianship to continue longer than 5 months unless extraordinary circumstances are shown.

      Sec. 176. NRS 159.0535 is hereby amended to read as follows:

      159.0535  1.  A proposed ward who is found in this State must attend the hearing for the appointment of a guardian unless:

      (a) A certificate signed by a physician or psychiatrist who is licensed to practice in this State or who is employed by the Department of Veterans Affairs specifically states the condition of the proposed ward, the reasons why the proposed ward is unable to appear in court and whether the proposed ward’s attendance at the hearing would be detrimental to the physical or mental health of the proposed ward; or

      (b) A certificate signed by any other person the court finds qualified to execute a certificate states the condition of the proposed ward, the reasons why the proposed ward is unable to appear in court and whether the proposed ward’s attendance at the hearing would be detrimental to the physical or mental health of the proposed ward.

      2.  A proposed ward found in this State who cannot attend the hearing for the appointment of a general or special guardian as set forth in a certificate pursuant to subsection 1 may appear by videoconference. If the proposed ward [is an adult and] cannot attend by videoconference, the person who signs the certificate described in subsection 1 or any other person the court finds qualified shall:

      (a) Inform the proposed [adult] ward that the petitioner is requesting that the court appoint a guardian for the proposed [adult] ward;

 


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      (b) Ask the proposed [adult] ward for a response to the guardianship petition;

      (c) Inform the proposed [adult] ward of his or her right to counsel and ask whether the proposed [adult] ward wishes to be represented by counsel in the guardianship proceeding; and

      (d) Ask the preferences of the proposed [adult] ward for the appointment of a particular person as the guardian of the proposed [adult] ward.

      3.  [If the proposed ward is an adult, the] The person who informs the proposed [adult] ward of the rights of the proposed [adult] ward pursuant to subsection 2 shall state in a certificate signed by that person:

      (a) That the proposed [adult] ward has been advised of his or her right to counsel and asked whether he or she wishes to be represented by counsel in the guardianship proceeding;

      (b) The responses of the proposed [adult] ward to the questions asked pursuant to subsection 2; and

      (c) Any conditions that the person believes may have limited the responses by the proposed [adult] ward.

      4.  The court may prescribe the form in which a certificate required by this section must be filed. If the certificate consists of separate parts, each part must be signed by the person who is required to sign the certificate.

      5.  If the proposed ward is not in this State, the proposed ward must attend the hearing only if the court determines that the attendance of the proposed ward is necessary in the interests of justice.

      Sec. 177. NRS 159.054 is hereby amended to read as follows:

      159.054  1.  If the court finds the proposed ward competent and not in need of a guardian, the court shall dismiss the petition.

      2.  If the court finds the proposed ward to be of limited capacity and in need of a special guardian, the court shall enter an order accordingly and specify the powers and duties of the special guardian.

      3.  If the court finds that appointment of a general guardian is required, the court shall appoint a general guardian of the proposed ward’s person, estate, or person and estate.

      Sec. 178. NRS 159.055 is hereby amended to read as follows:

      159.055  1.  The petitioner has the burden of proving by clear and convincing evidence that the appointment of a guardian of the person, of the estate, or of the person and estate is necessary.

      2.  If it appears to the court that the allegations of the petition are sufficient and that a guardian should be appointed for the proposed ward, the court shall enter an order appointing a guardian. The order must:

      (a) Specify whether the guardian appointed is guardian of the person, of the estate, of the person and estate or a special guardian;

      (b) Specify whether the proposed ward is a resident or nonresident of this State;

      (c) Specify the amount of the bond to be executed and filed by the guardian; and

      (d) Designate the names and addresses, so far as may be determined, of:

             (1) The relatives of the proposed ward upon whom notice must be served pursuant to NRS 159.047; and

             (2) Any other interested person.

      3.  A notice of entry of the court order must be sent to:

      (a) The relatives of the proposed ward upon whom notice must be served pursuant to NRS 159.047; and

 


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      (b) Any other interested person.

      Sec. 179. NRS 159.0595 is hereby amended to read as follows:

      159.0595  1.  In order for a person to serve as a private professional guardian, the person must be:

      (a) Qualified to serve as a guardian pursuant to NRS 159.0613 ; [if the ward is an adult or NRS 159.061 if the ward is a minor;] and

      (b) A guardian who has a license issued pursuant to chapter 628B of NRS or a certified guardian who is not required to have such a license pursuant to subsection 3.

      2.  In order for an entity to serve as a private professional guardian, the entity must:

      (a) Be qualified to serve as a guardian pursuant to NRS 159.0613 ; [if the ward is an adult;]

      (b) Have a license issued pursuant to chapter 628B of NRS unless the entity is not required to have such a license pursuant to subsection 3; and

      (c) Have a guardian who has a license issued pursuant to chapter 628B of NRS or a certified guardian who is not required to have such a license pursuant to subsection 3 involved in the day-to-day operation or management of the entity.

      3.  In order for a person or entity to serve as a private professional guardian, the person or entity is not required to have a license issued pursuant to chapter 628B of NRS if the person or entity is exempt from the requirement to have such a license pursuant to NRS 628B.110 and the person or entity:

      (a) Is a banking corporation as defined in NRS 657.016;

      (b) Is an organization permitted to act as a fiduciary pursuant to NRS 662.245;

      (c) Is a trust company as defined in NRS 669.070;

      (d) Is acting in the performance of his or her duties as an attorney at law;

      (e) Acts as a trustee under a deed of trust; or

      (f) Acts as a fiduciary under a court trust.

      4.  As used in this section:

      (a) “Certified guardian” means a person who is certified by the Center for Guardianship Certification or any successor organization.

      (b) “Entity” includes, without limitation, a corporation, whether or not for profit, a limited-liability company and a partnership.

      (c) “Person” means a natural person.

      Sec. 180. NRS 159.0613 is hereby amended to read as follows:

      159.0613  1.  Except as otherwise provided in subsection 3, in a proceeding to appoint a guardian for [an adult,] a ward or proposed ward, the court shall give preference to a nominated person or relative, in that order of preference:

      (a) Whether or not the nominated person or relative is a resident of this State; and

      (b) If the court determines that the nominated person or relative is qualified and suitable to be appointed as guardian for the [adult.] ward or proposed ward.

      2.  In determining whether any nominated person, relative or other person listed in subsection 4 is qualified and suitable to be appointed as guardian for [an adult,] a ward or proposed ward, the court shall consider, if applicable and without limitation:

 


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      (a) The ability of the nominated person, relative or other person to provide for the basic needs of the [adult,] ward or proposed ward, including, without limitation, food, shelter, clothing and medical care;

      (b) Whether the nominated person, relative or other person has engaged in the habitual use of alcohol or any controlled substance during the previous 6 months, except the use of marijuana in accordance with the provisions of chapter 453A of NRS;

      (c) Whether the nominated person, relative or other person has been judicially determined to have committed abuse, neglect, exploitation, isolation or abandonment of a child, his or her spouse, his or her parent or any other adult, unless the court finds that it is in the best interests of the ward to appoint the person as guardian for the [adult;] ward or proposed ward;

      (d) Whether the nominated person, relative or other person is incompetent or has a disability; and

      (e) Whether the nominated person, relative or other person has been convicted in this State or any other jurisdiction of a felony, unless the court determines that any such conviction should not disqualify the person from serving as guardian for the [adult.] ward or proposed ward.

      3.  If the court finds that two or more nominated persons are qualified and suitable to be appointed as guardian for [an adult,] a ward or proposed ward, the court may appoint two or more nominated persons as co-guardians or shall give preference among them in the following order of preference:

      (a) A person whom the [adult] ward or proposed ward nominated for the appointment as guardian for the [adult] ward or proposed ward in a will, trust or other written instrument that is part of the [adult’s] ward’s or proposed ward’s established estate plan and was executed by the [adult] ward or proposed ward while competent.

      (b) A person whom the [adult] ward or proposed ward requested for the appointment as guardian for the [adult] ward or proposed ward in a written instrument that is not part of the [adult’s] ward’s or proposed ward’s established estate plan and was executed by the [adult] ward or proposed ward while competent.

      4.  Subject to the preferences set forth in subsections 1 and 3, the court shall appoint as guardian the qualified person who is most suitable and is willing to serve. In determining which qualified person is most suitable, the court shall, in addition to considering any applicable factors set forth in subsection 2, give consideration, among other factors, to:

      (a) Any nomination or request for the appointment as guardian by the [adult.] ward or proposed ward.

      (b) Any nomination or request for the appointment as guardian by a relative.

      (c) The relationship by blood, adoption, marriage or domestic partnership of the proposed guardian to the [adult.] ward or proposed ward. In considering preferences of appointment, the court may consider relatives of the half blood equally with those of the whole blood. The court may consider any relative in the following order of preference:

             (1) A spouse or domestic partner.

             (2) A child.

             (3) A parent.

 


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             (4) Any relative with whom the [adult] ward or proposed ward has resided for more than 6 months before the filing of the petition or any relative who has a power of attorney executed by the [adult] ward or proposed ward while competent.

             (5) Any relative currently acting as agent.

             (6) A sibling.

             (7) A grandparent or grandchild.

             (8) An uncle, aunt, niece, nephew or cousin.

             (9) Any other person recognized to be in a familial relationship with the [adult.] ward or proposed ward.

      (d) Any recommendation made by a master of the court or special master pursuant to NRS 159.0615.

      (e) Any request for the appointment of any other interested person that the court deems appropriate, including, without limitation, a person who is not a relative and who has a power of attorney executed by the [adult] ward or proposed ward while competent.

      5.  The court may appoint as guardian any nominated person, relative or other person listed in subsection 4 who is not a resident of this State. The court shall not give preference to a resident of this State over a nonresident if the court determines that:

      (a) The nonresident is more qualified and suitable to serve as guardian; and

      (b) The distance from the proposed guardian’s place of residence and the [adult’s] ward’s or proposed ward’s place of residence will not affect the quality of the guardianship or the ability of the proposed guardian to make decisions and respond quickly to the needs of the [adult] ward or proposed ward because:

             (1) A person or care provider in this State is providing continuing care and supervision for the [adult;] ward or proposed ward;

             (2) The [adult] ward or proposed ward is in a secured residential long-term care facility in this State; or

             (3) Within 30 days after the appointment of the proposed guardian, the proposed guardian will move to this State or the [adult] ward or proposed ward will move to the proposed guardian’s state of residence.

      6.  If the court appoints a nonresident as guardian for the [adult:] ward or proposed ward:

      (a) The jurisdictional requirements of NRS 159.1991 to 159.2029, inclusive, must be met;

      (b) The court shall order the guardian to designate a registered agent in this State in the same manner as a represented entity pursuant to chapter 77 of NRS; and

      (c) The court may require the guardian to complete any available training concerning guardianships pursuant to NRS 159.0592, in this State or in the state of residence of the guardian, regarding:

             (1) The legal duties and responsibilities of the guardian pursuant to this chapter;

             (2) The preparation of records and the filing of annual reports regarding the finances and well-being of the [adult] ward or proposed ward required pursuant to NRS 159.073;

             (3) The rights of the [adult;] ward or proposed ward;

             (4) The availability of local resources to aid the [adult;] ward or proposed ward; and

 


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             (5) Any other matter the court deems necessary or prudent.

      7.  If the court finds that there is not any suitable nominated person, relative or other person listed in subsection 4 to appoint as guardian, the court may appoint as guardian:

      (a) The public guardian of the county where the [adult] ward or proposed ward resides if:

             (1) There is a public guardian in the county where the [adult] ward or proposed ward resides; and

             (2) The [adult] ward or proposed ward qualifies for a public guardian pursuant to chapter 253 of NRS;

      (b) A private fiduciary who may obtain a bond in this State and who is a resident of this State, if the court finds that the interests of the [adult] ward or proposed ward will be served appropriately by the appointment of a private fiduciary; or

      (c) A private professional guardian who meets the requirements of NRS 159.0595 [.] or section 45 of this act.

      8.  A person is not qualified to be appointed as guardian for [an adult] a ward or proposed ward if the person has been suspended for misconduct or disbarred from any of the professions listed in this subsection, but the disqualification applies only during the period of the suspension or disbarment. This subsection applies to:

      (a) The practice of law;

      (b) The practice of accounting; or

      (c) Any other profession that:

             (1) Involves or may involve the management or sale of money, investments, securities or real property; and

             (2) Requires licensure in this State or any other state in which the person practices his or her profession.

      9.  As used in this section:

      (a) [“Adult” means a person who is a ward or a proposed ward and who is not a minor.

      (b)] “Domestic partner” means a person in a domestic partnership.

      [(c)](b) “Domestic partnership” means:

             (1) A domestic partnership as defined in NRS 122A.040; or

             (2) A domestic partnership which was validly formed in another jurisdiction and which is substantially equivalent to a domestic partnership as defined in NRS 122A.040, regardless of whether it bears the name of a domestic partnership or is registered in this State.

      [(d)](c) “Nominated person” means a person, whether or not a relative, whom [an adult:] a ward or proposed ward:

             (1) Nominates for the appointment as guardian for the [adult] ward or proposed ward in a will, trust or other written instrument that is part of the [adult’s] ward’s or proposed ward’s established estate plan and was executed by the [adult] ward or proposed ward while competent.

             (2) Requests for the appointment as guardian for the [adult] ward or proposed ward in a written instrument that is not part of the [adult’s] ward’s or proposed ward’s established estate plan and was executed by the [adult] ward or proposed ward while competent.

      [(e)](d) “Relative” means a person who is 18 years of age or older and who is related to the [adult] ward or proposed ward by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity.

 


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      Sec. 181. NRS 159.062 is hereby amended to read as follows:

      159.062  A parent or spouse of an incompetent [, minor] or person of limited capacity may by will nominate a guardian. The person nominated must file a petition and obtain an appointment from the court before exercising the powers of a guardian.

      Sec. 182. NRS 159.069 is hereby amended to read as follows:

      159.069  Every bond given by a guardian shall be filed and preserved in the office of the clerk of the district court of the county in which the guardianship proceeding is conducted. In case of the breach of any condition of such bond, an action may be maintained in behalf of the ward or wards jointly if all are interested, or of any person interested in the estate, and such bond shall not be void on the first recovery. If the action on the bond is in behalf of one ward on a bond given to more than one ward, the other wards mentioned in the bond need not be united in or made parties to such action. As used in this section, “ward” includes a protected minor.

      Sec. 183. NRS 159.075 is hereby amended to read as follows:

      159.075  When a guardian has taken the official oath and filed a bond as provided in this chapter, the court shall order letters of guardianship to issue to the guardian. Letters of guardianship may be in the following form:

 

State of Nevada                          }

                                                       }ss.

County of.................................... }

 

On ........ (month) ........ (day) ........ (year) the ............. Judicial District Court, ............... County, State of Nevada, appointed .................... (name of guardian) .................... (guardian of the person or estate or person and estate or special guardian) for ..................... (name of ward) [a(n) ......................., (minor or adult)] , an adult, that the named guardian has qualified and has the authority and shall perform the duties of ............................................ (guardian of the person or estate or person and estate or special guardian) for the named ward as provided by law.

 

In Testimony Whereof, I have hereunto subscribed my name and affixed the seal of the court at my office on .......... (month) .......... (day) .......... (year).

 

                                                     ...................................................................

                                                                                   Clerk

(SEAL)

                                                     ...................................................................

                                                                           Deputy Clerk

      Sec. 184. NRS 159.076 is hereby amended to read as follows:

      159.076  1.  The court may grant a summary administration if, at any time, it appears to the court that after payment of all claims and expenses of the guardianship the value of the ward’s property does not exceed $10,000.

      2.  If the court grants a summary administration, the court may [:

      (a) Authorize] authorize the guardian of the estate or special guardian who is authorized to manage the ward’s property to convert the property to cash and sell any of the property, with or without notice, as the court may direct. After the payment of all claims and the expenses of the guardianship, the guardian shall deposit the money in savings accounts or invest the money as provided in NRS 159.117, and hold the investment and all interest, issues, dividends and profits for the benefit of the ward.

 


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the guardian shall deposit the money in savings accounts or invest the money as provided in NRS 159.117, and hold the investment and all interest, issues, dividends and profits for the benefit of the ward. The court may dispense with annual accountings and all other proceedings required by this chapter.

      [(b) If the ward is a minor, terminate the guardianship of the estate and direct the guardian to deliver the ward’s property to the custodial parent or parents, guardian or custodian of the minor to hold, invest or use as the court may order.]

      3.  Whether the court grants a summary administration at the time the guardianship is established or at any other time, the guardian shall file an inventory and record of value with the court.

      4.  If, at any time, the net value of the estate of the ward exceeds $10,000:

      (a) The guardian shall file an amended inventory and accounting with the court;

      (b) The guardian shall file annual accountings; and

      (c) The court may require the guardian to post a bond.

      Sec. 185. NRS 159.113 is hereby amended to read as follows:

      159.113  1.  Before taking any of the following actions, the guardian of the estate shall petition the court for an order authorizing the guardian to:

      (a) Invest the property of the ward pursuant to NRS 159.117.

      (b) Continue the business of the ward pursuant to NRS 159.119.

      (c) Borrow money for the ward pursuant to NRS 159.121.

      (d) Except as otherwise provided in NRS 159.079, enter into contracts for the ward or complete the performance of contracts of the ward pursuant to NRS 159.123.

      (e) Make gifts from the ward’s estate or make expenditures for the ward’s relatives pursuant to NRS 159.125.

      (f) Sell, lease or place in trust any property of the ward pursuant to NRS 159.127.

      (g) Exchange or partition the ward’s property pursuant to NRS 159.175.

      (h) Release the power of the ward as trustee, personal representative or custodian for a minor or guardian.

      (i) Exercise or release the power of the ward as a donee of a power of appointment.

      (j) Exercise the right of the ward to take under or against a will.

      (k) Transfer to a trust created by the ward any property unintentionally omitted from the trust.

      (l) Submit a revocable trust to the jurisdiction of the court if:

             (1) The ward or the spouse of the ward, or both, are the grantors and sole beneficiaries of the income of the trust; or

             (2) The trust was created by the court.

      (m) Pay any claim by the Department of Health and Human Services to recover benefits for Medicaid correctly paid to or on behalf of the ward.

      [(n) Transfer money in a minor ward’s blocked account to the Nevada Higher Education Prepaid Tuition Trust Fund created pursuant to NRS 353B.140.]

      2.  Before taking any of the following actions, unless the guardian has been otherwise ordered by the court to petition the court for permission to take specified actions or make specified decisions in addition to those described in subsection 1, the guardian may petition the court for an order authorizing the guardian to:

 


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      (a) Obtain advice, instructions and approval of any other proposed act of the guardian relating to the ward’s property.

      (b) Take any other action which the guardian deems would be in the best interests of the ward.

      3.  The petition must be signed by the guardian and contain:

      (a) The name, age, residence and address of the ward.

      (b) A concise statement as to the condition of the ward’s estate.

      (c) A concise statement as to the advantage to the ward of or the necessity for the proposed action.

      (d) The terms and conditions of any proposed sale, lease, partition, trust, exchange or investment, and a specific description of any property involved.

      4.  Any of the matters set forth in subsection 1 may be consolidated in one petition, and the court may enter one order authorizing or directing the guardian to do one or more of those acts.

      5.  A petition filed pursuant to paragraphs (b) and (d) of subsection 1 may be consolidated in and filed with the petition for the appointment of the guardian, and if the guardian is appointed, the court may enter additional orders authorizing the guardian to continue the business of the ward, enter contracts for the ward or complete contracts of the ward.

      Sec. 186. NRS 159.117 is hereby amended to read as follows:

      159.117  1.  Upon approval of the court by order, a guardian of the estate may:

      (a) Invest the property of the ward, make loans and accept security therefor, in the manner and to the extent authorized by the court.

      (b) Exercise options of the ward to purchase or exchange securities or other property.

      2.  A guardian of the estate may, without securing the prior approval of the court, invest the property of the ward in the following:

      (a) Savings accounts in any bank, credit union or savings and loan association in this State, to the extent that the deposits are insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.

      (b) Interest-bearing obligations of or fully guaranteed by the United States.

      (c) Interest-bearing obligations of the United States Postal Service.

      (d) Interest-bearing obligations of the Federal National Mortgage Association.

      (e) Interest-bearing general obligations of this State.

      (f) Interest-bearing general obligations of any county, city or school district of this State.

      (g) Money market mutual funds which are invested only in those instruments listed in paragraphs (a) to (f), inclusive.

      3.  A guardian of the estate for two or more wards may invest the property of two or more of the wards in property in which each ward whose property is so invested has an undivided interest. The guardian shall keep a separate record showing the interest of each ward in the investment and in the income, profits or proceeds therefrom. As used in this subsection, “ward” includes a protected minor.

      4.  Upon approval of the court, for a period authorized by the court, a guardian of the estate may maintain the assets of the ward in the manner in which the ward had invested the assets before the ward’s incapacity.

 


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      5.  A guardian of the estate may access or manage a guardianship account via the Internet on a secured website established by the bank, credit union or broker holding the account.

      Sec. 187. NRS 159.157 is hereby amended to read as follows:

      159.157  A guardian of the estate may lease any real property of the ward or any interest in real property:

      1.  Without securing prior court approval, where the tenancy is from month to month or for a term not to exceed 1 year and the reasonable fixed rental for the property or the ward’s proportionate interest in such rental does not exceed $250 per month.

      2.  With prior approval of the court by order, for such period of time as may be authorized by the court, not exceeding any time limitation prescribed by law, and upon such terms and conditions as the court may approve. [Such lease may extend beyond the period of minority of a minor ward.]

      Sec. 188. NRS 159.179 is hereby amended to read as follows:

      159.179  1.  An account made and filed by a guardian of the estate or special guardian who is authorized to manage the ward’s property must include, without limitation, the following information:

      (a) The period covered by the account.

      (b) All cash receipts and disbursements during the period covered by the account.

      (c) All claims filed and the action taken regarding the account.

      (d) Any changes in the ward’s property due to sales, exchanges, investments, acquisitions, gifts, mortgages or other transactions which have increased, decreased or altered the ward’s property holdings as reported in the original inventory or the preceding account.

      (e) Any other information the guardian considers necessary to show the condition of the affairs of the ward.

      2.  If the account is for the estates of two or more wards, it must show the interest of each ward in the receipts, disbursements and property. As used in this subsection, “ward” includes a protected minor.

      3.  Receipts or vouchers for all expenditures must be retained by the guardian for examination by the court or an interested person. Unless ordered by the court, the guardian is not required to file such receipts or vouchers with the court.

      4.  On the court’s own motion or on ex parte application by an interested person which demonstrates good cause, the court may:

      (a) Order production of the receipts or vouchers that support the account; and

      (b) Examine or audit the receipts or vouchers that support the account.

      5.  If a receipt or voucher is lost or for good reason cannot be produced on settlement of an account, payment may be proved by the oath of at least one competent witness. The guardian must be allowed expenditures if it is proven that:

      (a) The receipt or voucher for any disbursement has been lost or destroyed so that it is impossible to obtain a duplicate of the receipt or voucher; and

      (b) Expenses were paid in good faith and were valid charges against the estate.

      Sec. 189. NRS 159.185 is hereby amended to read as follows:

      159.185  1.  The court may remove a guardian if the court determines that:

 


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      (a) The guardian has become mentally incompetent, unsuitable or otherwise incapable of exercising the authority and performing the duties of a guardian as provided by law;

      (b) The guardian is no longer qualified to act as a guardian pursuant to NRS 159.0613 ; [if the ward is an adult or NRS 159.061 if the ward is a minor;]

      (c) The guardian has filed for bankruptcy within the previous 5 years;

      (d) The guardian of the estate has mismanaged the estate of the ward;

      (e) The guardian has negligently failed to perform any duty as provided by law or by any order of the court and:

             (1) The negligence resulted in injury to the ward or the estate of the ward; or

             (2) There was a substantial likelihood that the negligence would result in injury to the ward or the estate of the ward;

      (f) The guardian has intentionally failed to perform any duty as provided by law or by any lawful order of the court, regardless of injury;

      (g) The best interests of the ward will be served by the appointment of another person as guardian; or

      (h) The guardian is a private professional guardian who is no longer qualified as a private professional guardian pursuant to NRS 159.0595 [.] or section 45 of this act.

      2.  A guardian may not be removed if the sole reason for removal is the lack of money to pay the compensation and expenses of the guardian.

      Sec. 190. NRS 159.191 is hereby amended to read as follows:

      159.191  1.  A guardianship of the person is terminated:

      (a) By the death of the ward;

      (b) Upon the ward’s change of domicile to a place outside this state and the transfer of jurisdiction to the court having jurisdiction in the new domicile; or

      (c) Upon order of the court, if the court determines that the guardianship no longer is necessary . [; or

      (d) If the ward is a minor:

             (1) On the date on which the ward reaches 18 years of age; or

             (2) On the date on which the ward graduates from high school or becomes 19 years of age, whichever occurs sooner, if:

                   (I) The ward will be older than 18 years of age upon graduation from high school; and

                   (II) The ward and the guardian consent to continue the guardianship and the consent is filed with the court at least 14 days before the date on which the ward will become 18 years of age.]

      2.  A guardianship of the estate is terminated:

      (a) If the court removes the guardian or accepts the resignation of the guardian and does not appoint a successor guardian;

      (b) If the court determines that the guardianship is not necessary and orders the guardianship terminated; or

      (c) By the death of the ward, subject to the provisions of NRS 159.193.

      3.  If the guardianship is of the person and estate, the court may order the guardianship terminated as to the person, the estate, or the person and estate.

      4.  The guardian shall notify the court, all interested parties, the trustee, and the named executor or appointed personal representative of the estate of the ward of the death of the ward within 30 days after the death.

 


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      5.  Immediately upon the death of the ward:

      (a) The guardian of the estate shall have no authority to act for the ward except to wind up the affairs of the guardianship pursuant to NRS 159.193, and to distribute the property of the ward as provided in NRS 159.195 and 159.197; and

      (b) No person has standing to file a petition pursuant to NRS 159.078.

      Sec. 191. NRS 159.2024 is hereby amended to read as follows:

      159.2024  1.  To transfer jurisdiction of a guardianship or conservatorship to this State, the guardian, conservator or other interested party must petition the court of this State for guardianship pursuant to NRS 159.1991 to 159.2029, inclusive, to accept guardianship in this State. The petition must include a certified copy of the other state’s provisional order of transfer and proof that the ward is physically present in, or is reasonably expected to move permanently to, this State.

      2.  The court shall issue a provisional order granting a petition filed under subsection 1, unless:

      (a) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the ward; or

      (b) The guardian or petitioner is not qualified for appointment as a guardian in this State pursuant to NRS 159.0613 . [if the ward is an adult or NRS 159.061 if the ward is a minor.]

      3.  The court shall issue a final order granting guardianship upon filing of a final order issued by the other state terminating proceedings in that state and transferring the proceedings to this State.

      4.  Not later than 90 days after the issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the laws of this State.

      5.  In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the ward’s incapacity and the appointment of the guardian or conservator.

      Sec. 192. NRS 159.315 is hereby amended to read as follows:

      159.315  1.  If the court finds, after examination of a person cited pursuant to NRS 159.305, that the person has committed an act:

      (a) Set forth in paragraph (a) of subsection 1 of NRS 159.305, the court may order the person to return the asset or the value of the asset to the guardian of the estate; or

      (b) Set forth in paragraph (b) of subsection 1 of NRS 159.305, the court may order the person to return the asset or provide information concerning the location of the asset to the guardian of the estate.

      2.  The court may hold a person who is cited pursuant to NRS 159.305 in contempt of court and deal with the person accordingly if the person:

      (a) Refuses to appear and submit to examination or to testify regarding the matter complained of in the petition; or

      (b) Fails to comply with an order of the court issued pursuant to subsection 1.

      3.  An order of the court pursuant to subsection 1 is prima facie evidence of the right of the proposed ward or the estate of the ward to the asset described in the order in any action that may be brought for the recovery thereof, and any judgment recovered therein must be double the value of the asset, and damages in addition thereof equal to the value of such property.

 


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      4.  If the person who is cited pursuant to NRS 159.305 appears and, upon consideration of the petition, the court finds that the person is not liable or responsible to the proposed ward or the estate of the [ward or proposed] ward, the court may order:

      (a) The proposed ward or the estate of the ward [or proposed ward] to pay the attorney’s fees and costs of the respondent; or

      (b) If the court finds that the petitioner unnecessarily or unreasonably filed the petition, the petitioner personally to pay the attorney’s fees and costs of the respondent.

      Sec. 193. NRS 160.090 is hereby amended to read as follows:

      160.090  1.  Before making an appointment under the provisions of this chapter, the court shall establish to its satisfaction that the person whose appointment as guardian is sought is a fit and proper person to be appointed.

      2.  Upon the appointment being made, the guardian shall, except as otherwise provided in this section, execute and file a bond to be approved by the court in an amount not less than the value of the personal property of the estate plus the anticipated annual income. Thereafter, the amount of the bond must be equal to the total value of the personal estate plus the annual income. The bond must be in the form and be conditioned as required of guardians appointed pursuant to the provisions of chapter 159 of NRS [.] or sections 2 to 157, inclusive, of this act. The premiums on all such bonds must be paid from the estate.

      3.  If a banking corporation as defined in NRS 657.016, or a trust company, as defined by NRS 669.070, doing business in this state is appointed guardian of the estate of a ward, no bond is required of the guardian unless the court by specific order requires a bond. If the Director of the Department of Veterans Services is appointed guardian, no bond is required.

      4.  If the court orders that the estate and income, or a part thereof, be deposited in a banking corporation, as defined in NRS 657.016, or trust company, as defined by NRS 669.070, doing business in this state and that such estate and income, or any part thereof, must not be withdrawn without authorization of the court, then the amount of the guardian’s bond must be reduced in an amount equal to the amount of the estate and income on deposit with the banking corporation, and the surety on the bonds must be exonerated from any loss to the estate in connection with the deposit.

      5.  Where a bond is tendered by a guardian with personal sureties, the sureties shall file with the court a certificate under oath which describes the property owned, both real and personal, and contains a statement that they are each worth the sum named in the bond as the penalty thereof over and above all their debts and liabilities and exclusive of property exempt from execution.

      Sec. 194. NRS 3.223 is hereby amended to read as follows:

      3.223  1.  Except if the child involved is subject to the jurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act of 1978, 25 U.S.C. §§ 1901 et seq., in each judicial district in which it is established, the family court has original, exclusive jurisdiction in any proceeding:

      (a) Brought pursuant to title 5 of NRS or chapter 31A, 123, 125, 125A, 125B, 125C, 126, 127, 128, 129, 130, [159,] 425 or 432B of NRS, or sections 2 to 157, inclusive, of this act, except to the extent that a specific statute authorizes the use of any other judicial or administrative procedure to facilitate the collection of an obligation for support.

 


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      (b) Brought pursuant to NRS 442.255 and 442.2555 to request the court to issue an order authorizing an abortion.

      (c) For judicial approval of the marriage of a minor.

      (d) Otherwise within the jurisdiction of the juvenile court.

      (e) To establish the date of birth, place of birth or parentage of a minor.

      (f) To change the name of a minor.

      (g) For a judicial declaration of the sanity of a minor.

      (h) To approve the withholding or withdrawal of life-sustaining procedures from a person as authorized by law.

      (i) Brought pursuant to NRS 433A.200 to 433A.330, inclusive, for an involuntary court-ordered admission to a mental health facility.

      (j) Brought pursuant to NRS 441A.510 to 441A.720, inclusive, for an involuntary court-ordered isolation or quarantine.

      2.  The family court, where established and, except as otherwise provided in paragraph (m) of subsection 1 of NRS 4.370, the justice court have concurrent jurisdiction over actions for the issuance of a temporary or extended order for protection against domestic violence.

      3.  The family court, where established, and the district court have concurrent jurisdiction over any action for damages brought pursuant to NRS 41.134 by a person who suffered injury as the proximate result of an act that constitutes domestic violence.

      Sec. 195. NRS 33.030 is hereby amended to read as follows:

      33.030  1.  The court by a temporary order may:

      (a) Enjoin the adverse party from threatening, physically injuring or harassing the applicant or minor child, either directly or through an agent;

      (b) Exclude the adverse party from the applicant’s place of residence;

      (c) Prohibit the adverse party from entering the residence, school or place of employment of the applicant or minor child and order the adverse party to stay away from any specified place frequented regularly by them;

      (d) If it has jurisdiction under chapter 125A of NRS, grant temporary custody of the minor child to the applicant;

      (e) Enjoin the adverse party from physically injuring, threatening to injure or taking possession of any animal that is owned or kept by the applicant or minor child, either directly or through an agent;

      (f) Enjoin the adverse party from physically injuring or threatening to injure any animal that is owned or kept by the adverse party, either directly or through an agent; and

      (g) Order such other relief as it deems necessary in an emergency situation.

      2.  The court by an extended order may grant any relief enumerated in subsection 1 and:

      (a) Specify arrangements for visitation of the minor child by the adverse party and require supervision of that visitation by a third party if necessary;

      (b) Specify arrangements for the possession and care of any animal owned or kept by the adverse party, applicant or minor child; and

      (c) Order the adverse party to:

             (1) Avoid or limit communication with the applicant or minor child;

             (2) Pay rent or make payments on a mortgage on the applicant’s place of residence;

             (3) Pay for the support of the applicant or minor child, including, without limitation, support of a minor child for whom a guardian has been appointed pursuant to [chapter 159 of NRS] sections 2 to 157, inclusive, of this act or a minor child who has been placed in protective custody pursuant to chapter 432B of NRS, if the adverse party is found to have a duty to support the applicant or minor child;

 


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this act or a minor child who has been placed in protective custody pursuant to chapter 432B of NRS, if the adverse party is found to have a duty to support the applicant or minor child;

             (4) Pay all costs and fees incurred by the applicant in bringing the action; and

             (5) Pay monetary compensation to the applicant for lost earnings and expenses incurred as a result of the applicant attending any hearing concerning an application for an extended order.

      3.  If an extended order is issued by a justice court, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.

      4.  A temporary or extended order must specify, as applicable, the county and city, if any, in which the residence, school, child care facility or other provider of child care, and place of employment of the applicant or minor child are located.

      5.  A temporary or extended order must provide notice that a person who is arrested for violating the order will not be admitted to bail sooner than 12 hours after the person’s arrest if:

      (a) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;

      (b) The person has previously violated a temporary or extended order for protection; or

      (c) At the time of the violation or within 2 hours after the violation, the person has:

             (1) A concentration of alcohol of 0.08 or more in the person’s blood or breath; or

             (2) An amount of a prohibited substance in the person’s blood or urine that is equal to or greater than the amount set forth in subsection 3 of NRS 484C.110.

      Sec. 196. NRS 143.030 is hereby amended to read as follows:

      143.030  1.  A personal representative shall take into possession all the estate of the decedent, real and personal, except that exempted as provided in this title, and shall collect all receivables due the decedent or the estate.

      2.  For the purpose of bringing actions to quiet title or for partition of the estate, the possession of the personal representative shall be deemed the possession of the heirs or devisees. The possession of heirs or devisees is subject, however, to the possession of the personal representative for all other purposes.

      3.  A personal representative shall not take into possession any assets held by a guardian of the decedent pursuant to chapter 159 of NRS or sections 2 to 157, inclusive, of this act until the guardianship is terminated according to the provisions of NRS 159.1905 or 159.191 or section 143 or 144 of this act and the guardian is ordered to distribute the assets to the personal representative.

      Sec. 197. NRS 200.4685 is hereby amended to read as follows:

      200.4685  1.  Except as otherwise provided in this section, a person shall not:

      (a) Recruit, transport, transfer, harbor, provide, obtain, maintain or solicit a child in furtherance of a transaction, or advertise or facilitate a transaction, pursuant to which a parent of the child or a person with custody of the child places the child in the physical custody of another person who is not a relative of the child, for the purpose of permanently avoiding or divesting himself or herself of responsibility for the child.

 


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not a relative of the child, for the purpose of permanently avoiding or divesting himself or herself of responsibility for the child.

      (b) Sell, transfer or arrange for the sale or transfer of a child to another person for money or anything of value or receive a child in exchange for money or anything of value.

      2.  The provisions of subsection 1 do not apply to:

      (a) A placement of a child with a relative, stepparent, child-placing agency or an agency which provides child welfare services;

      (b) A placement of a child by a child-placing agency or an agency which provides child welfare services;

      (c) A temporary placement of a child with another person by a parent of the child or a person with legal or physical custody of the child, with an intent to return for the child, including, without limitation, a temporary placement of a child while the parent of the child or the person with legal or physical custody of the child is on vacation, incarcerated, serving in the military, receiving medical treatment or incapacitated;

      (d) A placement of a child in accordance with NRS 127.330 [, 159.205 or 159.215;] or section 153 or 154 of this act.

      (e) A placement of a child that is approved by a court of competent jurisdiction; or

      (f) Delivery of a child to a provider of emergency services pursuant to NRS 432B.630.

      3.  A person who violates the provisions of subsection 1 is guilty of trafficking in children and shall be punished for a category C felony as provided in NRS 193.130.

      4.  As used in this section:

      (a) “Advertise” has the meaning ascribed to it in NRS 127.310.

      (b) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      (c) “Child” means a person who is less than 18 years of age.

      (d) “Child-placing agency” has the meaning ascribed to it in NRS 127.220.

      Sec. 198. 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.

 


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284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 25 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

 


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      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. 199. NRS 253.150 is hereby amended to read as follows:

      253.150  1.  The board of county commissioners of each county shall establish the office of public guardian.

      2.  The board of county commissioners shall:

      (a) Appoint a public guardian, who serves at the pleasure of the board, for a term of 4 years from the day of appointment;

      (b) Designate an elected or appointed county officer as ex officio public guardian;

      (c) Pursuant to the mechanism set forth in NRS 244.1507, designate another county officer to execute the powers and duties of the public guardian;

      (d) Except in a county whose population is 100,000 or more, contract with a private professional guardian to act as public guardian; or

      (e) Contract with the board of county commissioners of a neighboring county in the same judicial district to designate as public guardian the public guardian of the neighboring county.

      3.  The compensation of a public guardian appointed or designated pursuant to subsection 2 must be fixed by the board of county commissioners and paid out of the county general fund.

      4.  As used in this section, “private professional guardian” has the meaning ascribed to it in NRS 159.024, and section 9 of this act, except that the term does not include:

      (a) A banking corporation, as defined in NRS 657.016, or an organization permitted to act as a fiduciary pursuant to NRS 662.245 if it is appointed as guardian of an estate only.

      (b) A trust company, as defined in NRS 669.070.

      (c) A court-appointed attorney licensed to practice law in this State.

      (d) A trustee under a deed of trust.

      (e) A fiduciary under a court trust.

      Sec. 200. NRS 253.160 is hereby amended to read as follows:

      253.160  1.  Upon taking office, a public guardian shall file with the county clerk a general bond in an amount fixed by the board of county commissioners payable to the State of Nevada with sureties approved by the board of county commissioners. The premium for the bond shall be paid from the general funds of the county and be conditioned upon the public guardian’s faithful performance of his or her duties.

 


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from the general funds of the county and be conditioned upon the public guardian’s faithful performance of his or her duties.

      2.  The general bond and oath of office of a public guardian are in lieu of the bonds and oaths required of private guardians.

      3.  The oath and bond of an elected or appointed public officer designated public guardian or designated to execute the powers and duties of the public guardian pursuant to paragraph (b) or (c) of subsection 2 of NRS 253.150 are in lieu of the bonds and oaths required of private guardians. The court may require such a designee to execute a separate bond for any guardianship in the manner prescribed in NRS 159.065 [.] or section 50 of this act.

      Sec. 201. NRS 253.190 is hereby amended to read as follows:

      253.190  A public guardian shall:

      1.  Keep financial and other appropriate records concerning all cases in which he or she is appointed as an individual guardian; and

      2.  Retain:

      (a) All such financial records for each case for at least 7 years after the date of the transaction that is recorded in the record; and

      (b) All other records for each case for at least 7 years after the termination of the guardianship pursuant to chapter 159 of NRS [.] and sections 2 to 157, inclusive, of this act.

      Sec. 202. NRS 253.200 is hereby amended to read as follows:

      253.200  1.  A resident of Nevada is eligible to have the public guardian of the county in which he or she resides appointed as his or her temporary individual guardian pursuant to NRS 159.0523 or 159.0525 [.] or to mitigate the risk of financial harm to a proposed protected minor pursuant to section 37 of this act.

      2.  [A] An adult resident of Nevada is eligible to have the public guardian of a county appointed as his or her permanent or general individual guardian if the proposed ward is a resident of that county and:

      (a) The proposed ward has no nominated person, relative or friend suitable and willing to serve as his or her guardian; or

      (b) The proposed ward has a guardian who the court determines must be removed pursuant to NRS 159.185.

      3.  A person qualified pursuant to subsection 1 or 2, or anyone on his or her behalf, may petition the district court of the county in which he or she resides to make the appointment.

      4.  Before a petition for the appointment of the public guardian as a guardian may be filed pursuant to subsection 3, a copy of the petition and copies of all accompanying documents to be filed must be delivered to the public guardian or a deputy public guardian.

      5.  Any petition for the appointment of the public guardian as a guardian filed pursuant to subsection 3 must include a statement signed by the public guardian or deputy public guardian and in substantially the following form:

 

       The undersigned is the Public Guardian or a Deputy Public Guardian of ............. County. The undersigned certifies that he or she has received a copy of this petition and all accompanying documents to be filed with the court.

 


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      6.  A petition for the appointment of the public guardian as permanent or general guardian must be filed separately from a petition for the appointment of a temporary guardian.

      7.  If a person other than the public guardian served as temporary guardian before the appointment of the public guardian as permanent or general guardian, the temporary guardian must file an accounting and report with the court in which the petition for the appointment of a public guardian was filed within 30 days of the appointment of the public guardian as permanent or general guardian.

      8.  In addition to NRS 159.099, and section 76 of this act, a county is not liable on any written or oral contract entered into by the public guardian of the county for or on behalf of a ward.

      9.  For the purposes of this section:

      (a) Except as otherwise provided in paragraph (b), the county of residence of a person is the county to which the person moved with the intent to reside for an indefinite period.

      (b) The county of residence of a person placed in institutional care is the county that was the county of residence of the person before the person was placed in institutional care by a guardian or agency or under power of attorney.

      10.  As used in this section, “nominated person” has the meaning ascribed to it in NRS 159.0613.

      Sec. 203. NRS 432.039 is hereby amended to read as follows:

      432.039  1.  When in the judgment of the court it is in the best interests of a child in the lawful custody of an agency which provides child welfare services, such an agency may petition for appointment as guardian of the person and estate of the child in the manner provided by chapter [159 or] 432B of NRS [.] or sections 2 to 157, inclusive, of this act.

      2.  The clerk of the district court, county clerk, county recorder or other county officer shall not require the payment of any fees or charges by the agency which provides child welfare services for appointment as guardian pursuant to this section, and the district court shall waive the furnishing of a bond by the agency which provides child welfare services if it is appointed guardian.

      3.  Except as otherwise provided in this section, the agency which provides child welfare services shall comply with all applicable provisions of chapter [159 or] 432B of NRS [.] or sections 2 to 157, inclusive, of this act.

      Sec. 204. NRS 432B.290 is hereby amended to read as follows:

      432B.290  1.  Information maintained by an agency which provides child welfare services must be maintained by the agency which provides child welfare services as required by federal law as a condition of the allocation of federal money to this State.

      2.  Except as otherwise provided in this section and NRS 432B.165, 432B.175 and 432B.513, information maintained by an agency which provides child welfare services may, at the discretion of the agency which provides child welfare services, be made available only to:

      (a) A physician, if the physician has before him or her a child who the physician has reasonable cause to believe has been abused or neglected;

      (b) A person authorized to place a child in protective custody, if the person has before him or her a child who the person has reasonable cause to believe has been abused or neglected and the person requires the information to determine whether to place the child in protective custody;

 


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      (c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:

             (1) The child; or

             (2) The person responsible for the welfare of the child;

      (d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of the abuse or neglect of a child;

      (e) Except as otherwise provided in paragraph (f), a court other than a juvenile court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;

      (f) A court , as defined in [NRS 159.015] section 5 of this act, to determine whether a guardian or successor guardian of a child should be appointed pursuant to [chapter 159 of NRS or] NRS 432B.466 to 432B.468, inclusive [;] , or sections 2 to 157, inclusive, of this act;

      (g) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to the person;

      (h) The attorney and the guardian ad litem of the child, if the information is reasonably necessary to promote the safety, permanency and well-being of the child;

      (i) A person who files or intends to file a petition for the appointment of a guardian or successor guardian of a child pursuant to [chapter 159 of NRS or] NRS 432B.466 to 432B.468, inclusive, or sections 2 to 157, inclusive, of this act, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child;

      (j) The proposed guardian or proposed successor guardian of a child over whom a guardianship is sought pursuant to [chapter 159 of NRS or] NRS 432B.466 to 432B.468, inclusive, or sections 2 to 157, inclusive, of this act, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child;

      (k) A grand jury upon its determination that access to these records and the information is necessary in the conduct of its official business;

      (l) A federal, state or local governmental entity, or an agency of such an entity, or a juvenile court, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect;

      (m) A person or an organization that has entered into a written agreement with an agency which provides child welfare services to provide assessments or services and that has been trained to make such assessments or provide such services;

      (n) A team organized pursuant to NRS 432B.350 for the protection of a child;

      (o) A team organized pursuant to NRS 432B.405 to review the death of a child;

      (p) A parent or legal guardian of the child and an attorney of a parent or guardian of the child, including, without limitation, the parent or guardian of a child over whom a guardianship is sought pursuant to [chapter 159 of NRS or] NRS 432B.466 to 432B.468, inclusive, or sections 2 to 157, inclusive, of this act, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child and is limited to information concerning that parent or guardian;

 


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this act, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child and is limited to information concerning that parent or guardian;

      (q) The child over whom a guardianship is sought pursuant to [chapter 159 of NRS or] NRS 432B.466 to 432B.468, inclusive, or sections 2 to 157, inclusive, of this act, if:

             (1) The child is 14 years of age or older; and

             (2) The identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child;

      (r) The persons or agent of the persons who are the subject of a report, if the information is reasonably necessary to promote the safety, permanency and well-being of the child and is limited to information concerning those persons;

      (s) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;

      (t) Upon written consent of the parent, any officer of this State or a city or county thereof or Legislator authorized by the agency or department having jurisdiction or by the Legislature, acting within its jurisdiction, to investigate the activities or programs of an agency which provides child welfare services if:

             (1) The identity of the person making the report is kept confidential; and

             (2) The officer, Legislator or a member of the family of the officer or Legislator is not the person alleged to have committed the abuse or neglect;

      (u) The Division of Parole and Probation of the Department of Public Safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court or pursuant to NRS 176.151 in making a general investigation and report;

      (v) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides child welfare services or to a law enforcement agency;

      (w) A local advisory board to expedite proceedings for the placement of children created pursuant to NRS 432B.604;

      (x) The panel established pursuant to NRS 432B.396 to evaluate agencies which provide child welfare services;

      (y) An employer in accordance with subsection 3 of NRS 432.100;

      (z) A team organized or sponsored pursuant to NRS 217.475 or 228.495 to review the death of the victim of a crime that constitutes domestic violence; or

      (aa) The Committee to Review Suicide Fatalities created by NRS 439.5104.

      3.  An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:

 


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      (a) A copy of:

             (1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

             (2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

      (b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect or any collateral sources and reporting parties.

      4.  Except as otherwise provided by subsection 6, before releasing any information maintained by an agency which provides child welfare services pursuant to this section, an agency which provides child welfare services shall take whatever precautions it determines are reasonably necessary to protect the identity and safety of any person who reports child abuse or neglect and to protect any other person if the agency which provides child welfare services reasonably believes that disclosure of the information would cause a specific and material harm to an investigation of the alleged abuse or neglect of a child or the life or safety of any person.

      5.  The provisions of this section must not be construed to require an agency which provides child welfare services to disclose information maintained by the agency which provides child welfare services if, after consultation with the attorney who represents the agency, the agency determines that such disclosure would cause a specific and material harm to a criminal investigation.

      6.  A person who is the subject of an unsubstantiated report of child abuse or neglect made pursuant to this chapter and who believes that the report was made in bad faith or with malicious intent may petition a district court to order the agency which provides child welfare services to release information maintained by the agency which provides child welfare services. The petition must specifically set forth the reasons supporting the belief that the report was made in bad faith or with malicious intent. The petitioner shall provide notice to the agency which provides child welfare services so that the agency may participate in the action through its counsel. The district court shall review the information which the petitioner requests to be released and the petitioner shall be allowed to present evidence in support of the petition. If the court determines that there is a reasonable question of fact as to whether the report was made in bad faith or with malicious intent and that the disclosure of the identity of the person who made the report would not be likely to endanger the life or safety of the person who made the report, the court shall provide a copy of the information to the petitioner and the original information is subject to discovery in a subsequent civil action regarding the making of the report.

      7.  If an agency which provides child welfare services receives any information that is deemed confidential by law, the agency which provides child welfare services shall maintain the confidentiality of the information as prescribed by applicable law.

      8.  Pursuant to this section, a person may authorize the release of information maintained by an agency which provides child welfare services about himself or herself, but may not waive the confidentiality of such information concerning any other person.

 


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      9.  An agency which provides child welfare services may provide a summary of the outcome of an investigation of the alleged abuse or neglect of a child to the person who reported the suspected abuse or neglect.

      10.  Except as otherwise provided in this subsection, any person who is provided with information maintained by an agency which provides child welfare services and who further disseminates the information or makes the information public is guilty of a gross misdemeanor. This subsection does not apply to:

      (a) A district attorney or other law enforcement officer who uses the information solely for the purpose of initiating legal proceedings;

      (b) An employee of the Division of Parole and Probation of the Department of Public Safety making a presentence investigation and report to the district court pursuant to NRS 176.135 or making a general investigation and report pursuant to NRS 176.151; or

      (c) An employee of a juvenile justice agency who provides the information to the juvenile court.

      11.  An agency which provides child welfare services may charge a fee for processing costs reasonably necessary to prepare information maintained by the agency which provides child welfare services for release pursuant to this section.

      12.  An agency which provides child welfare services shall adopt rules, policies or regulations to carry out the provisions of this section.

      13.  As used in this section, “juvenile justice agency” means the Youth Parole Bureau or a director of juvenile services.

      Sec. 205. NRS 432B.466 is hereby amended to read as follows:

      432B.466  1.  If the plan adopted pursuant to NRS 432B.553 for the permanent placement of a child includes a request for the appointment of a guardian for the child pursuant to NRS 432B.4665 to 432B.468, inclusive, a governmental agency, a nonprofit corporation or any interested person, including, without limitation, the agency that adopted the plan may petition the court for the appointment of a guardian. The guardian may be appointed at a hearing conducted pursuant to NRS 432B.590 or at a separate hearing.

      2.  A petition for the appointment of a guardian pursuant to this section:

      (a) May not be filed before the court has determined that the child is in need of protection;

      (b) Must include the information required pursuant to [NRS 159.044;] section 25 of this act; and

      (c) Must include a statement explaining why the appointment of a guardian, rather than the adoption of the child or the return of the child to a parent, is in the best interests of the child.

      3.  In addition to the notice required pursuant to NRS 432B.590, a governmental agency, nonprofit corporation or interested person who files a petition for the appointment of a guardian must serve notice of the petition that includes a copy of the petition and the date, time and location of the hearing on the petition, by registered or certified mail or by personal service:

      (a) To all the persons entitled to notice of the hearing pursuant to NRS 432B.590, the parents of the child, any person or governmental agency having care, custody or control over the child, and, if the child is 14 years of age or older, the child; and

      (b) At least 20 days before the hearing on the petition.

 


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      Sec. 206. NRS 432B.4665 is hereby amended to read as follows:

      432B.4665  1.  The court may, upon the filing of a petition pursuant to NRS 432B.466, appoint a person as a guardian for a child if:

      (a) The court finds:

             (1) That the proposed guardian is suitable and is not disqualified from guardianship pursuant to [NRS 159.061;] section 46 of this act;

             (2) That the child has been in the custody of the proposed guardian for 6 months or more pursuant to a determination by a court that the child was in need of protection, unless the court waives this requirement for good cause shown;

             (3) That the proposed guardian has complied with the requirements of [chapter 159 of NRS;] sections 2 to 157, inclusive, of this act; and

             (4) That the burden of proof set forth in [chapter 159 of NRS] sections 2 to 157, inclusive, of this act for the appointment of a guardian for a child has been satisfied;

      (b) The child consents to the guardianship, if the child is 14 years of age or older; and

      (c) The court determines that the requirements for filing a petition pursuant to NRS 432B.466 have been satisfied.

      2.  A guardianship established pursuant to this section:

      (a) Provides the guardian with the powers and duties provided in [NRS 159.079,] section 61 of this act, and subjects the guardian to the limitations set forth in [NRS 159.0805;] section 62 of this act;

      (b) Is subject to the provisions of [NRS 159.065 to 159.076,] sections 50 to 58, inclusive, and [159.185 to 159.199,] 133 to 150, inclusive [;] , of this act;

      (c) Provides the guardian with sole legal and physical custody of the child;

      (d) Does not result in the termination of parental rights of a parent of the child; and

      (e) Does not affect any rights of the child to inheritance, a succession or any services or benefits provided by the Federal Government, this state or an agency or political subdivision of this state.

      Sec. 207. NRS 432B.468 is hereby amended to read as follows:

      432B.468  1.  The court shall retain jurisdiction to enforce, modify or terminate a guardianship established pursuant to NRS 432B.4665 until the child reaches 18 years of age.

      2.  Any person having a direct interest in a guardianship established pursuant to NRS 432B.4665 may move to enforce, modify or terminate an order concerning the guardianship.

      3.  The court shall issue an order directing the appropriate agency which provides child welfare services to file a report and make a recommendation in response to any motion to enforce, modify or terminate an order concerning a guardianship established pursuant to NRS 432B.4665. The agency must submit the report to the court within 45 days after receiving the order of the court.

      4.  Any motion to enforce, modify or terminate an order concerning a guardianship established pursuant to NRS 432B.4665 must comply with the provisions set forth in [chapter 159 of NRS] sections 2 to 157, inclusive, of this act for motions to enforce, modify or terminate orders concerning guardianships.

 


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      5.  A successor guardian may be appointed in accordance with the procedures set forth in [chapter 159 of NRS.] sections 2 to 157, inclusive, of this act.

      Sec. 208. 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

      (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,] sections 2 to 157, inclusive, of this act, 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 parent is unknown, the report need not be sent to that parent.

      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.

 


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             (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:

      (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. 209. NRS 432B.590 is hereby amended to read as follows:

      432B.590  1.  Except as otherwise provided in 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.  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.  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:

      (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;] sections 2 to 157, inclusive, of this act; 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;

 


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      (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.  The court shall prepare an explicit statement of the facts upon which each of its determinations is based pursuant to subsection 3. 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.  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.  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.  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.  This hearing may take the place of the hearing for review required by NRS 432B.580.

      9.  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. 210. NRS 616C.505 is hereby amended to read as follows:

      616C.505  If an injury by accident arising out of and in the course of employment causes the death of an employee in the employ of an employer, within the provisions of chapters 616A to 616D, inclusive, of NRS, the compensation is known as a death benefit and is payable as follows:

      1.  In addition to any other compensation payable pursuant to chapters 616A to 616D, inclusive, of NRS, burial expenses are payable in an amount not to exceed $10,000, plus the cost of transporting the remains of the deceased employee. When the remains of the deceased employee and the person accompanying the remains are to be transported to a mortuary or mortuaries, the charge of transportation must be borne by the insurer.

      2.  Except as otherwise provided in subsection 3, to the surviving spouse of the deceased employee, 66 2/3 percent of the average monthly wage is payable until the death of the surviving spouse.

      3.  If there is a surviving spouse and any surviving children of the deceased employee who are not the children of the surviving spouse, the compensation otherwise payable pursuant to subsection 2 must be paid as follows until the entitlement of all children of the deceased employee to receive compensation pursuant to this subsection ceases:

 


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follows until the entitlement of all children of the deceased employee to receive compensation pursuant to this subsection ceases:

      (a) To the surviving spouse, 50 percent of the death benefit is payable until the death of the surviving spouse; and

      (b) To each child of the deceased employee, regardless of whether the child is the child of the surviving spouse, the child’s proportionate share of 50 percent of the death benefit and, except as otherwise provided in subsection 11, if the child has a guardian, the compensation the child is entitled to receive may be paid to the guardian.

      4.  In the event of the subsequent death of the surviving spouse:

      (a) Each surviving child of the deceased employee, in addition to any amount the child may be entitled to pursuant to subsection 3, must share equally the compensation theretofore paid to the surviving spouse but not in excess thereof, and it is payable until the youngest child reaches the age of 18 years.

      (b) Except as otherwise provided in subsection 11, if the children have a guardian, the compensation they are entitled to receive may be paid to the guardian.

      5.  If there are any surviving children of the deceased employee under the age of 18 years, but no surviving spouse, then each such child is entitled to his or her proportionate share of 66 2/3 percent of the average monthly wage for the support of the child.

      6.  Except as otherwise provided in subsection 7, if there is no surviving spouse or child under the age of 18 years, there must be paid:

      (a) To a parent, if wholly dependent for support upon the deceased employee at the time of the injury causing the death of the deceased employee, 33 1/3 percent of the average monthly wage.

      (b) To both parents, if wholly dependent for support upon the deceased employee at the time of the injury causing the death of the deceased employee, 66 2/3 percent of the average monthly wage.

      (c) To each brother or sister until he or she reaches the age of 18 years, if wholly dependent for support upon the deceased employee at the time of the injury causing the death of the deceased employee, his or her proportionate share of 66 2/3 percent of the average monthly wage.

      7.  The aggregate compensation payable pursuant to subsection 6 must not exceed 66 2/3 percent of the average monthly wage.

      8.  In all other cases involving a question of total or partial dependency:

      (a) The extent of the dependency must be determined in accordance with the facts existing at the time of the injury.

      (b) If the deceased employee leaves dependents only partially dependent upon the earnings of the deceased employee for support at the time of the injury causing his or her death, the monthly compensation to be paid must be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the deceased employee to the partial dependents bears to the average monthly wage of the deceased employee at the time of the injury resulting in his or her death.

      (c) The duration of compensation to partial dependents must be fixed in accordance with the facts shown, but may not exceed compensation for 100 months.

      9.  Compensation payable to a surviving spouse is for the use and benefit of the surviving spouse and the dependent children, and the insurer may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents.

 


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may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents.

      10.  In the event of the death of any dependent specified in this section before the expiration of the time during which compensation is payable to the dependent, funeral expenses are payable in an amount not to exceed $10,000.

      11.  If a dependent is entitled to receive a death benefit pursuant to this section and is less than 18 years of age or incompetent, the legal representative of the dependent shall petition for a guardian to be appointed for that dependent pursuant to NRS 159.044 [.] or section 25 of this act, as applicable. An insurer shall not pay any compensation in excess of $3,000, other than burial expenses, to the dependent until a guardian is appointed and legally qualified. Upon receipt of a certified letter of guardianship, the insurer shall make all payments required by this section to the guardian of the dependent until the dependent is emancipated, the guardianship terminates or the dependent reaches the age of 18 years, whichever occurs first, unless paragraph (a) of subsection 12 is applicable. The fees and costs related to the guardianship must be paid from the estate of the dependent. A guardianship established pursuant to this subsection must be administered in accordance with chapter 159 of NRS [,] or sections 2 to 157, inclusive, of this act, as applicable, except that after the first annual review required pursuant to NRS 159.176 [,] or section 127 of this act, as applicable, a court may elect not to review the guardianship annually. The court shall review the guardianship at least once every 3 years. As used in this subsection, “incompetent” has the meaning ascribed to it in NRS 159.019.

      12.  Except as otherwise provided in paragraphs (a) and (b), the entitlement of any child to receive his or her proportionate share of compensation pursuant to this section ceases when the child dies, marries or reaches the age of 18 years. A child is entitled to continue to receive compensation pursuant to this section if the child is:

      (a) Over 18 years of age and incapable of supporting himself or herself, until such time as the child becomes capable of supporting himself or herself; or

      (b) Over 18 years of age and enrolled as a full-time student in an accredited vocational or educational institution, until the child reaches the age of 22 years.

      13.  As used in this section, “surviving spouse” means a surviving husband or wife who was married to the employee at the time of the employee’s death.

      Sec. 211. NRS 628B.080 is hereby amended to read as follows:

      628B.080  1.  “Private professional guardian” has the meaning ascribed to it in NRS 159.024 [.] and section 9 of this act.

      2.  For the purposes of this chapter, the term does not include a person who serves as a private professional guardian but who is exempt pursuant to NRS 159.0595 or 628B.110 or section 45 of this act from the requirement to have a license issued pursuant to this chapter.

      Sec. 212. NRS 628B.090 is hereby amended to read as follows:

      628B.090  1.  “Private professional guardian company” means a natural person or business entity, including, without limitation, a sole proprietorship, partnership, limited-liability company or corporation, that is licensed pursuant to the provisions of this chapter to engage in the business of a private professional guardian, whether appointed by a court or hired by a private party.

 


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      2.  For the purposes of this chapter, the term does not include a natural person or business entity which engages in the business of a private professional guardian but which is exempt pursuant to NRS 159.0595 or 628B.110 or section 45 of this act from the requirement to have a license issued pursuant to this chapter.

      Sec. 213. NRS 628B.100 is hereby amended to read as follows:

      628B.100  “Ward” has the meaning ascribed to it in [NRS 159.027.] section 14 of this act.

      Sec. 214. NRS 628B.310 is hereby amended to read as follows:

      628B.310  1.  A person wishing to engage in the business of a private professional guardian in this State must file with the Commissioner an application on a form prescribed by the Commissioner, which must contain or be accompanied by such information as is required.

      2.  A nonrefundable fee of not more than $750 must accompany the application. The applicant must also pay such reasonable additional expenses incurred in the process of investigation as the Commissioner deems necessary.

      3.  The application must contain:

      (a) The name of the applicant and the name under which the applicant does business or expects to do business, if different.

      (b) The complete business and residence addresses of the applicant.

      (c) The character of the business sought to be carried on.

      (d) The address of any location where business will be transacted.

      (e) In the case of a firm or partnership, the full name and residence address of each member or partner and the manager.

      (f) In the case of a corporation or voluntary association, the name and residence address of each director and officer and the manager.

      (g) A statement by the applicant acknowledging that the applicant is required to comply with the provisions of NRS 159.0595 and section 45 of this act if issued a license.

      (h) Any other information reasonably related to the applicant’s qualifications for the license which the Commissioner determines to be necessary.

      4.  Each application for a license must have attached to it a financial statement showing the assets, liabilities and net worth of the applicant.

      5.  In addition to any other requirements, each applicant or member, partner, director, officer, manager or case manager of an applicant shall submit to the Commissioner a complete set of fingerprints and written permission authorizing the Division to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      6.  If the applicant is a corporation or limited-liability company, the articles of incorporation or articles of organization must contain:

      (a) The name adopted by the private professional guardian company, which must distinguish it from any other private professional guardian company formed or incorporated in this State or engaged in the business of a private professional guardian in this State; and

      (b) The purpose for which it is formed.

      7.  The Commissioner shall deem an application to be withdrawn if the Commissioner has not received all information and fees required to complete the application within 6 months after the date the application is submitted to the Commissioner.

 


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the application within 6 months after the date the application is submitted to the Commissioner. If an application is deemed to be withdrawn pursuant to this subsection or if an applicant otherwise withdraws an application, the Commissioner may not issue a license to the applicant unless the applicant submits a new application and pays the required fees.

      8.  The Commissioner shall adopt regulations establishing the amount of the fees required pursuant to this section, subject to the following limitations:

      (a) An initial fee of not more than $1,500 for a license to transact the business of a private professional guardian; and

      (b) A fee of not more than $300 for each branch office that is authorized by the Commissioner.

      9.  All money received by the Commissioner pursuant to this section must be placed in the Investigative Account for Financial Institutions created by NRS 232.545.

      Sec. 215. NRS 628B.330 is hereby amended to read as follows:

      628B.330  1.  Within 90 days after the application for a license is filed, the Commissioner shall investigate the facts of the application and the other requirements of this chapter to determine:

      (a) That each person who will serve as a sole proprietor, partner of a partnership, member of a limited-liability company or director or officer of a corporation, and any person acting in a managerial or case manager capacity, as applicable:

             (1) Has a good reputation for honesty, trustworthiness and integrity and displays competence to engage in the business of a private professional guardian in a manner which safeguards the interests of the general public. The applicant must submit satisfactory proof of those qualifications, including, without limitation, evidence that the applicant has passed an examination for private professional guardians specified by the Commissioner.

             (2) Has not been convicted of, or entered a plea of guilty or nolo contendere to, a felony or any crime involving fraud, misrepresentation, material omission, misappropriation, conversion or moral turpitude.

             (3) Has not made a false statement of material fact on the application.

             (4) Has not been a sole proprietor or an officer or member of the board of directors for an entity whose license issued pursuant to the provisions of this chapter was suspended or revoked within the 10 years immediately preceding the date of the application if, in the reasonable judgment of the Commissioner, there is evidence that the sole proprietor, officer or member materially contributed to the actions resulting in the suspension or revocation of the license.

             (5) Has not been a sole proprietor or an officer or member of the board of directors for an entity whose license as a private professional guardian company which was issued by any other state, district or territory of the United States or any foreign country was suspended or revoked within the 10 years immediately preceding the date of the application if, in the reasonable judgment of the Commissioner, there is evidence that the sole proprietor, officer or member materially contributed to the actions resulting in the suspension or revocation of the license.

             (6) Has not violated any of the provisions of this chapter or any regulations adopted pursuant thereto.

      (b) That the financial status of each sole proprietor, partner, member or director and officer of the corporation and person acting in a managerial or case manager capacity indicates fiscal responsibility consistent with his or her position.

 


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      (c) That the name of the proposed business complies with all applicable statutes.

      (d) That, except as otherwise provided in NRS 628B.540, the initial surety bond is not less than the amount required by NRS 159.065 [.] or section 50 of this act, as applicable.

      2.  In rendering a decision on an application for a license, the Commissioner shall consider, without limitation:

      (a) The proposed markets to be served and, if they extend outside this State, any exceptional risk, examination or supervision concerns associated with those markets;

      (b) Whether the proposed organizational and equity structure and the amount of initial equity or fidelity and surety bonds of the applicant appear adequate in relation to the proposed business and markets, including, without limitation, the average level of assets under guardianship projected for each of the first 3 years of operation; and

      (c) Whether the applicant has planned suitable annual audits conducted by qualified outside auditors of its books and records and its fiduciary activities under applicable accounting rules and standards as well as suitable internal audits.

      Sec. 216. NRS 628B.540 is hereby amended to read as follows:

      628B.540  1.  The Commissioner may require a private professional guardian company to maintain equity, fidelity and surety bonds in amounts that are more than the minimum required initially or at any subsequent time based on the Commissioner’s assessment of the risks associated with the business plan of the private professional guardian or other information contained in the application, the Commissioner’s investigation of the application or any examination of or filing by the private professional guardian company thereafter, including, without limitation, any examination before the opening of the business. In making such a determination, the Commissioner may consider, without limitation:

      (a) The nature and type of business to be conducted by the private professional guardian company;

      (b) The nature and liquidity of assets proposed to be held in the account of the private professional guardian company;

      (c) The amount of fiduciary assets projected to be under the management or administration of the private professional guardian company;

      (d) The type of fiduciary assets proposed to be held and any proposed depository of such assets;

      (e) The complexity of the fiduciary duties and degree of discretion proposed to be undertaken by the private professional guardian company;

      (f) The competence and experience of the proposed management of the private professional guardian company;

      (g) The extent and adequacy of proposed internal controls;

      (h) The proposed presence of annual audits by an independent certified public accountant, and the scope and frequency of such audits, whether they result in an opinion of the accountant and any qualifications to the opinion;

      (i) The reasonableness of business plans for retaining or acquiring additional equity capital;

      (j) The adequacy of fidelity and surety bonds and any additional insurance proposed to be obtained by the private professional guardian company for the purpose of protecting its fiduciary assets;

 


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      (k) The success of the private professional guardian company in achieving the financial projections submitted with its application for a license; and

      (l) The fulfillment by the private professional guardian company of its representations and its descriptions of its business structures and methods and management set forth in its application for a license.

      2.  The director or manager of a private professional guardian company shall require fidelity bonds in the amount of at least $25,000 on the sole proprietor or each active officer, manager, member acting in a managerial or case manager capacity and employee, regardless of whether the person receives a salary or other compensation from the private professional guardian company, to indemnify the company against loss due to any dishonest, fraudulent or criminal act or omission by a person upon whom a bond is required pursuant to this section who acts alone or in combination with any other person. A bond required pursuant to this section may be in any form and may be paid for by the private professional guardian company.

      3.  A private professional guardian company shall obtain suitable insurance against burglary, robbery, theft and other hazards to which it may be exposed in the operation of its business.

      4.  A private professional guardian company shall obtain suitable surety bonds in accordance with NRS 159.065 [,] or section 50 of this act, as applicable.

      5.  The surety bond obtained pursuant to subsection 4 must be in a form approved by a court of competent jurisdiction and the Division and conditioned that the applicant conduct his or her business in accordance with the requirements of this chapter. The bond must be made and executed by the principal and a surety company authorized to write bonds in this State.

      6.  A private professional guardian company shall at least annually prescribe the amount or penal sum of the bonds or policies of the company and designate the sureties and underwriters thereof, after considering all known elements and factors constituting a risk or hazard. The action must be recorded in the minutes kept by the private professional guardian company and reported to the Commissioner.

      7.  The bond must cover all matters placed with the private professional guardian company during the term of the license or a renewal thereof.

      8.  An action may not be brought upon any bond after 2 years from the revocation or expiration of the license.

      9.  After 2 years, all liability of the surety or sureties upon the bond ceases if no action is commenced upon the bond.

      Sec. 217. NRS 628B.550 is hereby amended to read as follows:

      628B.550  1.  The fiduciary relationship which exists between a private professional guardian and the ward of the private professional guardian may not be used for the private gain of the guardian other than the remuneration for fees and expenses. A private professional guardian may not incur any obligation on behalf of the guardianship that conflicts with the discharge of the duties of the private professional guardian.

      2.  Unless prior approval is obtained from a court of competent jurisdiction, a private professional guardian shall not:

      (a) Have any interest, financial or otherwise, direct or indirect, in any business transaction or activity with the guardianship.

      (b) Acquire an ownership, possessory, security or other pecuniary interest adverse to the ward.

 


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      (c) Be knowingly designated as a beneficiary on any life insurance policy or pension or benefit plan of the ward unless such designation was validly made by the ward before the adjudication of the person’s incapacity.

      (d) Directly or indirectly purchase, rent, lease or sell any property or services from or to any business entity in which the private professional guardian, or the spouse or relative of the guardian, is an officer, partner, director, shareholder or proprietor or in which such a person has any financial interest.

      3.  Any action taken by a private professional guardian which is prohibited by this section may be voided during the term of the guardianship or by the personal representative of the ward’s estate. The private professional guardian is subject to removal and to imposition of personal liability through a proceeding for discharge, in addition to any other remedies otherwise available.

      4.  A court shall not appoint a private professional guardian that is not licensed pursuant to this chapter as the guardian of a person or estate. The court must review each guardianship involving a private professional guardian on the anniversary date of the appointment of the private professional guardian. If a private professional guardian does not hold a current license, the court must replace the guardian until such time as the private professional guardian obtains the necessary license.

      5.  The provisions of NRS 159.076 and section 58 of this act regarding summary administration do not apply to a private professional guardian.

      6.  A licensee shall file any report required by the court in a timely manner.

      Sec. 218. NRS 628B.560 is hereby amended to read as follows:

      628B.560  1.  Except as otherwise provided in NRS 159.076 [,] and section 58 of this act, a licensee shall maintain a separate guardianship account for each ward into which all money received for the benefit of the ward must be deposited. Each guardianship account must be maintained in an insured bank or credit union located in this State, be held in a name which is sufficient to distinguish it from the personal or general checking account of the licensee and be designated as a guardianship account. Each guardianship account must at all times account for all money received for the benefit of the ward and account for all money dispersed for the benefit of the ward, and no disbursement may be made from the account except as authorized under chapter 159 of NRS or sections 2 to 157, inclusive, of this act or as authorized by court order.

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

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

 


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

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

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

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

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

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

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

      Sec. 219.  The amendatory provisions of this act apply to any proceeding or matter commenced or undertaken on or after July 1, 2017.

      Sec. 220. NRS 159.0483, 159.049, 159.052, 159.061, 159.186, 159.205 and 159.215 are hereby repealed.

      Sec. 221.  This act becomes effective on July 1, 2017.

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CHAPTER 173, AB 429

Assembly Bill No. 429–Committee on Health and Human Services

 

CHAPTER 173

 

[Approved: May 26, 2017]

 

AN ACT relating to health care; ratifying, enacting and entering into the Psychology Interjurisdictional Compact; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Psychology Interjurisdictional Compact of the Association of State and Provincial Psychology Boards is an interstate compact that allows a person who is licensed as a psychologist in a state that is a member of the Compact to provide services to patients in other states that are members of the Compact through telehealth or in person under certain conditions. Before providing such services, the Compact requires a psychologist to: (1) have a graduate degree in psychology from an accredited institution; (2) possess a full, unrestricted license to practice psychology in at least one state that is a member of the Compact; (3) have no history of disciplinary action or convictions of certain crimes; (4) make attestations and allow the governing body of the Compact, known as the Psychology Interjurisdictional Compact Commission, to access information concerning the psychologist’s areas of intended practice, criminal background and knowledge of requirements in all states in which he or she intends to practice; (5) possess a valid certificate to practice either through telehealth, called an E.Passport, or in person, called an IPC Certificate, under the Compact; and (6) meet any other requirements of the Commission. The Compact only authorizes a psychologist to provide services in person in a state in which the psychologist is not licensed on a temporary basis, as defined by the Commission, and the psychologist is still required to obtain a license to provide services in person over the long term. Psychologists who provide services in states other than those in which they are licensed under the Compact are subject to the jurisdiction of the state in which they provide services, and such a state can revoke the authorization to practice in those states. The Commission is authorized to: (1) collect an annual assessment from each state that is a member of the Compact to fund the operations of the Commission; (2) make rules concerning the administration of the Compact and the practice of psychology across state lines under the Compact; and (3) resolve disputes among states that are members of the Compact related to the Compact. Section 21 of this bill enacts the Compact.

      Sections 20, 22 and 24-29 of this bill clarify that a psychologist who is authorized to practice in this State pursuant to the Compact is authorized to engage in the same activities as a psychologist who is licensed in this State. Section 23 of this bill exempts a psychologist who is not licensed in this State and practicing as authorized in the Compact from a prohibition on representing oneself as a psychologist or practicing psychology without a license issued by the Board of Psychological Examiners. The Compact becomes effective upon ratification by seven states. Currently, only Arizona and Utah have ratified the Compact.

 

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 1-19. (Deleted by amendment.)

      Sec. 20. NRS 629.550 is hereby amended to read as follows:

      629.550  1.  If a patient communicates to a mental health professional an explicit threat of imminent serious physical harm or death to a clearly identified or identifiable person and, in the judgment of the mental health professional, the patient has the intent and ability to carry out the threat, the mental health professional shall apply for the emergency admission of the patient to a mental health facility pursuant to NRS 433A.160 or make a reasonable effort to communicate the threat in a timely manner to:

 


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identified or identifiable person and, in the judgment of the mental health professional, the patient has the intent and ability to carry out the threat, the mental health professional shall apply for the emergency admission of the patient to a mental health facility pursuant to NRS 433A.160 or make a reasonable effort to communicate the threat in a timely manner to:

      (a) The person who is the subject of the threat;

      (b) The law enforcement agency with the closest physical location to the residence of the person; and

      (c) If the person is a minor, the parent or guardian of the person.

      2.  A mental health professional shall be deemed to have made a reasonable effort to communicate a threat pursuant to subsection 1 if:

      (a) The mental health professional actually communicates the threat in a timely manner; or

      (b) The mental health professional makes a good faith attempt to communicate the threat in a timely manner and the failure to actually communicate the threat in a timely manner does not result from the negligence or recklessness of the mental health professional.

      3.  A mental health professional who exercises reasonable care in determining that he or she:

      (a) Has a duty to take an action described in subsection 1 is not subject to civil or criminal liability or disciplinary action by a professional licensing board for disclosing confidential or privileged information.

      (b) Does not have a duty to take an action described in subsection 1 is not subject to civil or criminal liability or disciplinary action by a professional licensing board for any damages caused by the actions of a patient.

      4.  The provisions of this section do not:

      (a) Limit or affect the duty of the mental health professional to report child abuse or neglect pursuant to NRS 432B.220; or

      (b) Modify any duty of a mental health professional to take precautions to prevent harm by a patient:

             (1) Who is in the custody of a hospital or other facility where the mental health professional is employed; or

             (2) Who is being discharged from such a facility.

      5.  As used in this section, “mental health professional” includes:

      (a) A physician or psychiatrist licensed to practice medicine in this State pursuant to chapter 630 or 633 of NRS;

      (b) A psychologist who is licensed to practice psychology pursuant to chapter 641 of NRS [;] or authorized to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact enacted in section 21 of this act;

      (c) A social worker who:

             (1) Holds a master’s degree in social work;

             (2) Is licensed as a clinical social worker pursuant to chapter 641B of NRS; and

             (3) Is employed by the Division of Public and Behavioral Health of the Department of Health and Human Services;

      (d) A registered nurse who:

             (1) Is licensed to practice professional nursing pursuant to chapter 632 of NRS; and

             (2) Holds a master’s degree in psychiatric nursing or a related field;

 


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      (e) A marriage and family therapist licensed pursuant to chapter 641A of NRS;

      (f) A clinical professional counselor licensed pursuant to chapter 641A of NRS; and

      (g) A person who is working in this State within the scope of his or her employment by the Federal Government, including, without limitation, employment with the Department of Veterans Affairs, the military or the Indian Health Service, and is:

             (1) Licensed or certified as a physician, psychologist, marriage and family therapist, clinical professional counselor, alcohol and drug abuse counselor or clinical alcohol and drug abuse counselor in another state;

             (2) Licensed as a social worker in another state and holds a master’s degree in social work; or

             (3) Licensed to practice professional nursing in another state and holds a master’s degree in psychiatric nursing or a related field.

      Sec. 21. Chapter 641 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Psychology Interjurisdictional Compact, set forth in this section, is hereby enacted into law and entered into with all other jurisdictions substantially as follows:

 

ARTICLE I.

 

Purpose

 

      Whereas, States license psychologists in order to protect the public through verification of education, training and experience and ensure accountability for professional practice; and

      Whereas, This Compact is intended to regulate the day-to-day practice of telepsychology, including the provision of psychological services using telecommunication technologies, by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority; and

      Whereas, This Compact is intended to regulate the temporary in-person face-to-face practice of psychology by psychologists across state boundaries for 30 days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority; and

      Whereas, This Compact is intended to authorize state psychology regulatory authorities to afford legal recognition, in a manner consistent with the terms of the Compact, to psychologists licensed in another state; and

      Whereas, This Compact recognizes that states have a vested interest in protecting the public’s health and safety through the licensing and regulation of psychologists and that such state regulation will best protect the public health and safety; and

      Whereas, This Compact does not apply when a psychologist is licensed in both the home and receiving jurisdiction; and

      Whereas, This Compact does not apply to permanent in-person, face-to-face practice, but it does allow for the authorization of temporary psychological practice.

      Consistent with these principles, this Compact is designed to achieve the following purposes and objectives:

 


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      1.  Increase public access to professional psychological services by allowing for telepsychological practice across state lines, as well as temporary in-person, face-to-face services, into a state which the psychologist is not licensed to practice psychology;

      2.  Enhance the states’ ability to protect the public’s health and safety, especially client/patient safety;

      3.  Encourage the cooperation of the compact states in the areas of psychology licensure and regulation;

      4.  Facilitate the exchange of information between the compact states regarding psychologist licensure, adverse actions and disciplinary history;

      5.  Promote compliance with the laws governing psychological practice in each compact state; and

      6.  Invest all compact states with the authority to hold licensed psychologists accountable through the mutual recognition of compact state licenses.

 

ARTICLE II.

 

Definitions

 

      A.  “Adverse action” means any action taken by a state psychology regulatory authority which finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record.

      B.  “Association of State and Provincial Psychology Boards (ASPPB)” means the recognized membership organization composed of state and provincial psychology regulatory authorities responsible for the licensure and registration of psychologists throughout the United States and Canada.

      C.  “Authority to practice interjurisdictional telepsychology” means a licensed psychologist’s authority to practice telepsychology, within the limits authorized under this Compact, in another compact state.

      D.  “Bylaws” means those bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to Article X for its governance, or for directing and controlling its actions and conduct.

      E.  “Client/patient” means the recipient of psychological services, whether psychological services are delivered in the context of healthcare, corporate, supervision and/or consulting services.

      F.  “Commissioner” means the voting representative appointed by each state psychology regulatory authority pursuant to Article X.

      G.  “Compact state” means a state, the District of Columbia or United States territory that has enacted this Compact and which has not withdrawn pursuant to Article XIII, section C or been terminated pursuant to Article XII, section B.

      H.  “Coordinated Licensure Information System” or “Coordinated Database” means an integrated process for collecting, storing and sharing information on psychologists’ licensure and enforcement activities related to psychology licensure laws, which is administered by the recognized membership organization composed of the state psychology regulatory authorities.

      I.  “Confidentiality” means the principle that data or information is not made available or disclosed to unauthorized persons or processes.

 


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      J.  “Day” means any part of a day in which psychological work is performed.

      K.  “Distant state” means the compact state where a psychologist is physically present, not through using telecommunications technologies, to provide temporary in-person, face-to-face psychological services.

      L.  “E.Passport” means a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines.

      M.  “Executive Board” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.

      N.  “Home state” means a compact state where a psychologist is licensed to practice psychology. If the psychologist is licensed in more than one compact state, and is practicing under the authorization to practice interjurisdictional telepsychology, the home state is the compact state where the psychologist was physically present when the telepsychological services were delivered. If the psychologist is licensed in more than one compact state and is practicing under the temporary authorization to practice, the home state is any compact state where the psychologist is licensed.

      O.  “Identity history summary” means a summary of information retained by the Federal Bureau of Investigation, or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization or military service.

      P.  “In-person, face-to-face” means interactions in which the psychologist and the client/patient are in the same physical space and which does not include interactions that may occur through the use of telecommunication technologies.

      Q.  “Interjurisdictional practice certificate (IPC)” means a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that grants temporary authority to practice based on notification to the state psychology regulatory authority of the intention to practice temporarily, and verification of one’s qualifications for such practice.

      R.  “License” means authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which would be unlawful without the authorization.

      S.  “Noncompact state” means any state which is not at the time a compact state.

      T.  “Psychologist” means an individual licensed for the independent practice of psychology.

      U.  “Psychology Interjurisdictional Compact Commission” or “Commission” means the national administration of which all compact states are members.

      V.  “Receiving state” means a compact state where the client/patient is physically located when the telepsychological services are delivered.

      W.  “Rule” means a written statement by the Psychology Interjurisdictional Compact Commission promulgated pursuant to Article XI that is of general applicability, implements, interprets or prescribes a policy or provision of the Compact, or an organizational, procedural or practice requirement of the Commission and has the force and effect of statutory law in a compact state, and includes the amendment, repeal or suspension of an existing rule.

 


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practice requirement of the Commission and has the force and effect of statutory law in a compact state, and includes the amendment, repeal or suspension of an existing rule.

      X.  “Significant investigatory information” means:

             1.  Investigative information that a state psychology regulatory authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of state statute or ethics code that would be considered more substantial than a minor infraction; or

             2.  Investigative information that indicates that the psychologist represents an immediate threat to the public health and safety, regardless of whether the psychologist has been notified or had an opportunity to respond.

      Y.  “State” means a state, commonwealth, territory or possession of the United States or the District of Columbia.

      Z.  “State psychology regulatory authority” means the board, office or other agency with the legislative mandate to license and regulate the practice of psychology.

      AA.  “Telepsychology” means the provision of psychological services using telecommunication technologies.

      BB.  “Temporary authorization to practice” means a licensed psychologist’s authority to conduct temporary in-person, face-to-face practice, within the limits authorized under this Compact, in another compact state.

      CC.  “Temporary in-person, face-to-face practice” means where a psychologist is physically present, not through using telecommunications technologies, in the distant state to provide for the practice of psychology for 30 days within a calendar year and based on notification to the distant state.

 

ARTICLE III.

 

Home State Licensure

 

      A.  The home state shall be a compact state where a psychologist is licensed to practice psychology.

      B.  A psychologist may hold one or more compact state licenses at a time. If the psychologist is licensed in more than one compact state, the home state is the compact state where the psychologist was physically present when the services were delivered as authorized by the authority to practice interjurisdictional telepsychology under the terms of this Compact.

      C.  Any compact state may require a psychologist not previously licensed in a compact state to obtain and retain a license to be authorized to practice in the compact state under circumstances not authorized by the authority to practice interjurisdictional telepsychology under the terms of this Compact.

      D.  Any compact state may require a psychologist to obtain and retain a license to be authorized to practice in a compact state under circumstances not authorized by the temporary authorization to practice under the terms of this Compact.

 


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      E.  A home state’s license authorizes a psychologist to practice in a receiving state under the authority to practice interjurisdictional telepsychology only if the compact state:

             1.  Currently requires the psychologist to hold an active E.Passport;

             2.  Has a mechanism in place for receiving and investigating complaints about licensed individuals;

             3.  Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;

             4.  Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, not later than 10 years after activation of the Compact; and

             5.  Complies with the bylaws and rules of the Commission.

      F.  A home state’s license grants temporary authorization to practice to a psychologist in a distant state only if the compact state:

             1.  Currently requires the psychologist to hold an active IPC;

             2.  Has a mechanism in place for receiving and investigating complaints about licensed individuals;

             3.  Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;

             4.  Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, not later than 10 years after activation of the Compact; and

             5.  Complies with the bylaws and rules of the Commission.

 

ARTICLE IV.

 

Compact Privilege to Practice Telepsychology

 

      A.  Compact states shall recognize the right of a psychologist, licensed in a compact state in conformance with Article III, to practice telepsychology in other compact states (receiving states) in which the psychologist is not licensed, under the authority to practice interjurisdictional telepsychology as provided in the Compact.

      B.  To exercise the authority to practice interjurisdictional telepsychology under the terms and provisions of this Compact, a psychologist licensed to practice in a compact state must:

             1.  Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:

                   a. Regionally accredited by an accrediting body recognized by the United States Department of Education to grant graduate degrees or authorized by provincial statute or royal charter to grant doctoral degrees; or

                   b. A foreign college or university deemed to be equivalent to 1(a) above by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and

 


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ê2017 Statutes of Nevada, Page 918 (Chapter 173, AB 429)ê

 

the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and

             2.  Hold a graduate degree in psychology that meets the following criteria:

                   a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program and such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;

                   b. The psychology program must stand as a recognizable, coherent organizational entity within the institution;

                   c. There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;

                   d. The program must consist of an integrated, organized sequence of study;

                   e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;

                   f. The designated director of the program must be a psychologist and a member of the core faculty;

                   g. The program must have an identifiable body of students who are matriculated in that program for a degree;

                   h. The program must include supervised practicum, internship or field training appropriate to the practice of psychology;

                   i. The curriculum shall encompass a minimum of 3 academic years of full-time graduate study for doctoral degrees and a minimum of 1 academic year of full-time graduate study for master’s degrees; and

                   j. The program must include an acceptable residency as defined by the rules of the Commission;

             3.  Possess a current, full and unrestricted license to practice psychology in a home state which is a compact state;

             4.  Have no history of adverse action that violates the rules of the Commission;

             5.  Have no criminal record history reported on an identity history summary that violates the rules of the Commission;

             6.  Possess a current, active E.Passport;

             7.  Provide attestations in regard to areas of intended practice, conformity with standards of practice, competence in telepsychology technology, criminal background and knowledge and adherence to legal requirements in the home and receiving states, and provide a release of information to allow for primary source verification in a manner specified by the Commission; and

             8.  Meet other criteria as defined by the rules of the Commission.

      C.  The home state maintains authority over the license of any psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology.

      D.  A psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology will be subject to the receiving state’s scope of practice. A receiving state may, in accordance with that state’s due process law, limit or revoke a psychologist’s authority to practice interjurisdictional telepsychology in the receiving state and may take any other necessary actions under the receiving state’s applicable law to protect the health and safety of the receiving state’s citizens.

 


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ê2017 Statutes of Nevada, Page 919 (Chapter 173, AB 429)ê

 

the health and safety of the receiving state’s citizens. if a receiving state takes action, the state shall promptly notify the home state and the Commission.

      E.  If a psychologist’s license in any home state or another compact state or any authority to practice interjurisdictional telepsychology in any receiving state is restricted, suspended or otherwise limited, the E.Passport shall be revoked and therefore the psychologist shall not be eligible to practice telepsychology in a compact state under the authority to practice interjurisdictional telepsychology.

 

ARTICLE V.

 

Compact Temporary Authorization to Practice

 

      A.  Compact states shall also recognize the right of a psychologist, licensed in a compact state in conformance with Article III, to practice temporarily in other compact states (distant states) in which the psychologist is not licensed, as provided in the Compact.

      B.  To exercise the temporary authorization to practice under the terms and provisions of this Compact, a psychologist licensed to practice in a compact state must:

             1.  Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:

                   a. Regionally accredited by an accrediting body recognized by the United States Department of Education to grant graduate degrees or authorized by provincial statute or royal charter to grant doctoral degrees; or

                   b. A foreign college or university deemed to be equivalent to 1(a) above by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and

             2.  Hold a graduate degree in psychology that meets the following criteria:

                   a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program and must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;

                   b. The psychology program must stand as a recognizable, coherent organizational entity within the institution;

                   c. There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;

                   d. The program must consist of an integrated, organized sequence of study;

                   e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;

                   f. The designated director of the program must be a psychologist and a member of the core faculty;

                   g. The program must have an identifiable body of students who are matriculated in that program for a degree;

                   h. The program must include supervised practicum, internship or field training appropriate to the practice of psychology;

 


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ê2017 Statutes of Nevada, Page 920 (Chapter 173, AB 429)ê

 

                   i. The curriculum shall encompass a minimum of 3 academic years of full-time graduate study for doctoral degrees and a minimum of 1 academic year of full-time graduate study for master’s degrees; and

                   j. The program must include an acceptable residency as defined by the rules of the Commission;

             3.  Possess a current, full and unrestricted license to practice psychology in a home state which is a compact state;

             4.  No history of adverse action that violates the rules of the Commission;

             5.  No criminal record history that violates the rules of the Commission;

             6.  Possess a current, active IPC;

             7.  Provide attestations in regard to areas of intended practice and work experience and provide a release of information to allow for primary source verification in a manner specified by the Commission; and

             8.  Meet other criteria as defined by the rules of the Commission.

      C.  A psychologist practicing into a distant state under the temporary authorization to practice shall practice within the scope of practice authorized by the distant state.

      D.  A psychologist practicing into a distant state under the Temporary Authorization to Practice will be subject to the distant state’s authority and law. A distant state may, in accordance with that state’s due process law, limit or revoke a psychologist’s temporary authorization to practice in the distant state and may take any other necessary actions under the distant state’s applicable law to protect the health and safety of the distant state’s citizens. If a distant state takes action, the state shall promptly notify the home state and the Commission.

      E.  If a psychologist’s license in any home state or another compact state or any temporary authorization to practice in any distant state is restricted, suspended or otherwise limited, the IPC shall be revoked and therefore the psychologist shall not be eligible to practice in a compact state under the temporary authorization to practice.

 

ARTICLE VI.

 

Conditions of Telepsychology Practice in a Receiving State

 

      A psychologist may practice in a receiving state under the authority to practice interjurisdictional telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate state psychology regulatory authority, as defined in the rules of the Commission, and under the following circumstances:

      A.  The psychologist initiates a client/patient contact in a home state via telecommunications technologies with a client/patient in a receiving state; or

      B.  Other conditions regarding telepsychology as determined by rules promulgated by the Commission.

 


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ARTICLE VII.

 

Adverse Actions

 

      A.  A home state shall have the power to impose adverse action against a psychologist’s license issued by the home state and a distant state may take adverse action on a psychologist’s temporary authorization to practice within that distant state.

      B.  A receiving state may take adverse action on a psychologist’s authority to practice interjurisdictional telepsychology within that receiving state. a home state may take adverse action against a psychologist based on an adverse action taken by a distant state regarding temporary in-person, face-to-face practice.

      C.  If a home state takes adverse action against a psychologist’s license, that psychologist’s authority to practice interjurisdictional telepsychology is terminated and the E.Passport is revoked. Furthermore, that psychologist’s temporary authorization to practice is terminated and the IPC is revoked.

             1.  All home state disciplinary orders which impose adverse action shall be reported to the Commission in accordance with the rules promulgated by the Commission. A compact state shall report adverse actions in accordance with the rules of the Commission.

             2.  In the event discipline is reported on a psychologist, the psychologist will not be eligible for telepsychology or temporary in-person, face-to-face practice in accordance with the rules of the Commission.

             3.  Other actions may be imposed as determined by the rules promulgated by the Commission.

      D.  A home state’s psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a licensee which occurred in a receiving state as it would if such conduct had occurred by a licensee within the home state. In such cases, the home state’s law shall control in determining any adverse action against a psychologist’s license.

      E.  If a license granted by a compact state is revoked, surrendered in lieu of discipline or suspended following an investigation authorized in Article VIII, the authorization to practice interjurisdictional telepsychology and the temporary authorization to practice in all compact states shall be terminated upon entry of the final order in the compact state taking the action.

      F.  Nothing in this Compact shall override a compact state’s decision that a psychologist’s participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the compact state’s law. Compact states must require psychologists who enter any alternative programs to not provide telepsychology services under the authority to practice interjurisdictional telepsychology or provide temporary psychological services under the temporary authorization to practice in any other compact state during the term of the alternative program.

      G.  No other judicial or administrative remedies shall be available to a psychologist in the event a compact state imposes an adverse action pursuant to section C, above.

 


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ARTICLE VIII.

 

Additional Authorities Invested in a Compact State’s Psychology Regulatory Authority

 

      A.  In addition to any other powers granted under state law, a compact state’s psychology regulatory authority shall have the authority under this Compact to:

             1.  Issue subpoenas, for both hearings and investigations, which require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a compact state’s psychology regulatory authority for the attendance and testimony of witnesses and/or the production of evidence from another compact state shall be enforced in the latter state by any court of competent jurisdiction, according to that court’s practice and procedure in considering subpoenas issued in its own proceedings. The issuing state psychology regulatory authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witnesses or evidence are located; and

             2.  Issue cease and desist and/or injunctive relief orders to revoke a psychologist’s authority to practice interjurisdictional telepsychology and/or temporary authorization to practice.

      B.  During the course of any investigation, a psychologist may not change his or her home state licensure. A home state psychology regulatory authority is authorized to complete any pending investigations of a psychologist and to take any actions appropriate under its law. The home state psychology regulatory authority shall promptly report the conclusions of such investigations to the Commission. Once an investigation has been completed, and pending the outcome of said investigation, the psychologist may change his or her home state licensure. The Commission shall promptly notify the new home state of any such decisions as provided in the rules of the Commission. All information provided to the Commission or distributed by compact states pursuant to the psychologist shall be confidential, filed under seal and used for investigatory or disciplinary matters. The Commission may create additional rules for mandated or discretionary sharing of information by compact states.

 

ARTICLE IX.

 

Coordinated Licensure Information System

 

      A.  The Commission shall provide for the development and maintenance of a Coordinated Licensure Information System (Coordinated Database) and reporting system containing licensure and disciplinary action information on all psychologists individuals to whom this Compact is applicable in all compact states as defined by the rules of the Commission.

      B.  Notwithstanding any other provision of state law to the contrary, a compact state shall submit a uniform data set to the Coordinated Database on all licensees as required by the rules of the Commission, including:

 


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             1.  Identifying information;

             2.  Licensure data;

             3.  Significant investigatory information;

             4.  Adverse actions against a psychologist’s license;

             5.  An indicator that a psychologist’s authority to practice interjurisdictional telepsychology or temporary authorization to practice is revoked;

             6.  Nonconfidential information related to alternative program participation information;

             7.  Any denial of application for licensure, and the reasons for such denial; and

             8.  Other information which may facilitate the administration of this Compact, as determined by the rules of the Commission.

      C.  The Coordinated Database administrator shall promptly notify all compact states of any adverse action taken against, or significant investigative information on, any licensee in a compact state.

      D.  Compact states reporting information to the Coordinated Database may designate information that may not be shared with the public without the express permission of the compact state reporting the information.

      E.  Any information submitted to the Coordinated Database that is subsequently required to be expunged by the law of the compact state reporting the information shall be removed from the Coordinated Database.

 

ARTICLE X.

 

Establishment of the Psychology Interjurisdictional Compact Commission

 

      A.  The compact states hereby create and establish a joint public agency known as the Psychology Interjurisdictional Compact Commission as follows:

             1.  The Commission is a body politic and an instrumentality of the compact states.

             2.  Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

             3.  Nothing in this Compact shall be construed to be a waiver of sovereign immunity.

      B.  Membership, Voting and Meetings.

             1.  The Commission shall consist of one voting representative appointed by each compact state who shall serve as that state’s Commissioner. The state psychology regulatory authority shall appoint its delegate. This delegate shall be empowered to act on behalf of the compact state. This delegate shall be limited to:

                   a. An executive director, executive secretary or similar executive;

                   b. A current member of the state psychology regulatory authority of a compact state; or

 


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                   c. A designee empowered with the appropriate delegate authority to act on behalf of the compact state.

             2.  Any Commissioner may be removed or suspended from office as provided by the law of the state from which the Commissioner is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the compact state in which the vacancy exists.

             3.  Each Commissioner shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A Commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for Commissioners’ participation in meetings by telephone or other means of communication.

             4.  The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

             5.  All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Article XI.

             6.  The Commission may convene in a closed, nonpublic meeting if the Commission must discuss:

                   a. Noncompliance of a compact state with its obligations under the Compact;

                   b. The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the Commission’s internal personnel practices and procedures;

                   c. Current, threatened or reasonable anticipated litigation against the Commission;

                   d. Negotiation of contracts for the purchase or sale of goods, services or real estate;

                   e. Accusation against any person of a crime or formally censuring any person;

                   f. Disclosure of trade secrets or commercial or financial information which is privileged or confidential;

                   g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

                   h. Disclosure of investigatory records compiled for law enforcement purposes;

                   i. Disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility for investigation or determination of compliance issues pursuant to the Compact; or

                   j. Matters specifically exempted from disclosure by federal and state statute.

             7.  If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The Commission shall keep minutes which fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, of any person participating in the meeting, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes.

 


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identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Commission or order of a court of competent jurisdiction.

      C.  The Commission shall, by a majority vote of the Commissioners, prescribe bylaws and rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the Compact, including, but not limited to:

             1.  Establishing the fiscal year of the Commission.

             2.  Providing reasonable standards and procedures:

                   a. For the establishment and meetings of other committees; and

                   b. Governing any general or specific delegation of any authority or function of the Commission.

             3.  Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public’s interest, the privacy of individuals of such proceedings and proprietary information, including trade secrets. The Commission may meet in closed session only after a majority of the Commissioners vote to close a meeting to the public in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each Commissioner with no proxy votes allowed.

             4.  Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the Commission.

             5.  Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar law of any compact state, the bylaws shall exclusively govern the personnel policies and programs of the Commission.

             6.  Promulgating a code of ethics to address permissible and prohibited activities of Commission members and employees.

             7.  Providing a mechanism for concluding the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of the Compact after the payment and reserving of all of its debts and obligations.

             8.  The Commission shall publish its bylaws in a convenient form and file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the compact states.

             9.  The Commission shall maintain its financial records in accordance with the bylaws.

             10.  The Commission shall meet and take such actions as are consistent with the provisions of this Compact and the bylaws.

      D.  The Commission shall have the following powers:

             1.  The authority to promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact which shall have the force and effect of law and shall be binding in all compact states;

             2.  To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state psychology regulatory authority or other regulatory body responsible for psychology licensure to sue or be sued under applicable law shall not be affected;

             3.  To purchase and maintain insurance and bonds;

 


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             4.  To borrow, accept or contract for services of personnel, including, but not limited to, employees of a compact state;

             5.  To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact and to establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters;

             6.  To accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same, provided that at all times the Commission shall strive to avoid any appearance of impropriety or conflict of interest;

             7.  To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed, provided that at all times the Commission shall strive to avoid any appearance of impropriety;

             8.  To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed;

             9.  To establish a budget and make expenditures;

             10.  To borrow money;

             11.  To appoint committees, including advisory committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;

             12.  To provide and receive information from, and to cooperate with, law enforcement agencies;

             13.  To adopt and use an official seal; and

             14.  To perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of psychology licensure, temporary in-person, face-to-face practice and telepsychology practice.

      E.  The Executive Board.

      The elected officers shall serve as the Executive Board, which shall have the power to act on behalf of the Commission according to the terms of this Compact.

             1.  The Executive Board shall be comprised of six members:

                   a. Five voting members who are elected from the current membership of the Commission by the Commission; and

                   b. One ex-officio, nonvoting member from the recognized membership organization composed of state and provincial psychology regulatory authorities.

             2.  The ex-officio member must have served as staff or member on a state psychology regulatory authority and will be selected by its respective organization.

             3.  The Commission may remove any member of the Executive Board as provided in the bylaws.

             4.  The Executive Board shall meet at least annually.

             5.  The Executive Board shall have the following duties and responsibilities:

                   a. Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by compact states, such as annual dues, and any other applicable fees;

 


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                   b. Ensure compact administration services are appropriately provided, contractual or otherwise;

                   c. Prepare and recommend the budget;

                   d. Maintain financial records on behalf of the Commission;

                   e. Monitor compact compliance of member states and provide compliance reports to the Commission;

                   f. Establish additional committees as necessary; and

                   g. Other duties as provided in the rules or bylaws.

      F.  Financing of the Commission.

             1.  The Commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.

             2.  The Commission may accept any and all appropriate revenue sources, donations and grants of money, equipment, supplies, materials and services.

             3.  The Commission may levy on and collect an annual assessment from each compact state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission which shall promulgate a rule binding upon all compact states.

             4.  The Commission shall not incur obligations of any kind before securing the funds adequate to meet the same, nor shall the Commission pledge the credit of any of the compact states, except by and with the authority of the compact state.

             5.  The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Commission.

      G.  Qualified Immunity, Defense and Indemnification.

             1.  The members, officers, Executive Director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities, provided that nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person.

             2.  The Commission shall defend any member, officer, Executive Director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities, provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel, and provided further, that the actual or alleged act, error or omission did not result from that person’s intentional or willful or wanton misconduct.

 


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employment, duties or responsibilities, provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel, and provided further, that the actual or alleged act, error or omission did not result from that person’s intentional or willful or wanton misconduct.

             3.  The Commission shall indemnify and hold harmless any member, officer, Executive Director, employee or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person.

 

ARTICLE XI.

 

Rulemaking

 

      A.  The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Article and the rules adopted thereunder. rules and amendments shall become binding as of the date specified in each rule or amendment.

      B.  If a majority of the legislatures of the compact states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact, then such rule shall have no further force and effect in any compact state.

      C.  Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.

      D.  Before promulgation and adoption of a final rule or rules by the Commission, and at least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a notice of proposed rulemaking:

             1.  On the Internet website of the Commission; and

             2.  On the Internet website of the compact states’ psychology regulatory authority or the publication in which each state would otherwise publish proposed rules.

      E.  The notice of proposed rulemaking shall include:

             1.  The proposed time, date and location of the meeting in which the rule will be considered and voted upon;

             2.  The text of the proposed rule or amendment and the reason for the proposed rule;

             3.  A request for comments on the proposed rule from any interested person; and

             4.  The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.

      F.  Before adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.

      G.  The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:

 


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             1.  At least twenty-five (25) persons who submit comments independently of each other;

             2.  A government subdivision or agency; or

             3.  A duly appointed person in an association that has at least twenty-five (25) members.

      H.  If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time and date of the scheduled public hearing and:

             1.  All persons wishing to be heard at the hearing shall notify the Executive Director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.

             2.  Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

             3.  No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subsection shall not preclude the Commission from making a transcript or recording of the hearing if it so chooses.

             4.  Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.

      I.  Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.

      J.  The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.

      K.  If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.

      L.  Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:

             1.  Meet an imminent threat to the public health, safety, or welfare;

            2.  Prevent a loss of Commission or compact state funds;

             3.  Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or

             4.  Protect the public health and safety.

      M.  The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the Internet website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting.

 


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posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the Chair of the Commission before the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

 

ARTICLE XII.

 

Oversight, Dispute Resolution and Enforcement

 

      A.  Oversight.

             1.  The executive, legislative and judicial branches of state government in each compact state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law.

             2.  All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a compact state pertaining to the subject matter of this Compact which may affect the powers, responsibilities or actions of the Commission.

             3.  The Commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact or promulgated rules.

      B.  Default, Technical Assistance and Termination.

             1.  If the Commission determines that a compact state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:

                   a. Provide written notice to the defaulting state and other compact states of the nature of the default, the proposed means of remedying the default and any other action to be taken by the Commission; and

                   b. Provide remedial training and specific technical assistance regarding the default.

             2.  If a state in default fails to remedy the default, the defaulting state may be terminated from the Compact upon an affirmative vote of the majority of the compact states, and all rights, privileges and benefits conferred by this Compact shall be terminated on the effective date of termination. A remedy of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

             3.  Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be submitted by the Commission to the Governor, the majority and minority leaders of the defaulting state’s legislature, and each of the compact states.

             4.  A compact state which has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations which extend beyond the effective date of termination.

 


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             5.  The Commission shall not bear any costs incurred by the state which is found to be in default or which has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state.

             6.  The defaulting state may appeal the action of the Commission by petitioning the United States District Court for the State of Georgia or the federal district where the Compact has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

      C.  Dispute Resolution.

             1.  Upon request by a compact state, the Commission shall attempt to resolve disputes related to the Compact which arise among compact states and between compact and noncompact states.

             2.  The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes that arise before the Commission.

      D.  Enforcement.

             1.  The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.

             2.  By majority vote, the Commission may initiate legal action in the United States District Court for the State of Georgia or the federal district where the Compact has its principal offices against a compact state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

             3.  The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.

 

ARTICLE XIII.

 

Date of Implementation of Psychology Interjurisdictional Compact Commission and Associated Rules, Withdrawal and Amendment

 

      A.  The Compact shall come into effect on the date on which the Compact is enacted into law in the seventh compact state. The provisions which become effective at that time shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.

      B.  Any state which joins the Compact subsequent to the Commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule which has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.

      C.  Any compact state may withdraw from this Compact by enacting a statute repealing the same, and:

 


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             1.  A compact state’s withdrawal shall not take effect until six (6) months after enactment of the repealing statute.

             2.  Withdrawal shall not affect the continuing requirement of the withdrawing state’s psychology regulatory authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

      D.  Nothing contained in this Compact shall be construed to invalidate or prevent any psychology licensure agreement or other cooperative arrangement between a compact state and a noncompact state which does not conflict with the provisions of this Compact.

      E.  This Compact may be amended by the compact states. No amendment to this Compact shall become effective and binding upon any compact state until it is enacted into the law of all compact states.

 

ARTICLE XIV.

 

Construction and Severability

 

      This Compact shall be liberally construed so as to effectuate the purposes thereof. If this Compact shall be held contrary to the constitution of any state member thereto, the Compact shall remain in full force and effect as to the remaining compact states.

      Sec. 22. NRS 641.316 is hereby amended to read as follows:

      641.316  1.  The Board through its President or Secretary-Treasurer or the Attorney General may maintain in any court of competent jurisdiction a suit for an injunction against any person practicing psychology without a license [.] or authorization to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact enacted in section 21 of this act.

      2.  Such an injunction:

      (a) May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

      (b) Does not relieve any person from criminal prosecution for practicing without a license.

      Sec. 23. NRS 641.390 is hereby amended to read as follows:

      641.390  1.  [A] Except as authorized by the Psychology Interjurisdictional Compact enacted in section 21 of this act, a person shall not represent himself or herself as a psychologist within the meaning of this chapter or engage in the practice of psychology unless he or she is licensed under the provisions of this chapter, except that any psychological scientist employed by an accredited educational institution or public agency which has set explicit standards may represent himself or herself by the title conferred upon him or her by such institution or agency.

      2.  This section does not grant approval for any person to offer services as a psychologist to any other person as a consultant, and to accept remuneration for such psychological services, other than that of an institutional salary, unless the psychologist has been licensed under the provisions of this chapter.

      3.  This chapter does not prevent the teaching of psychology or psychological research, unless the teaching or research involves the delivery or supervision of direct psychological services to a person. Persons who have earned a doctoral degree in psychology from an accredited educational institution may use the title “psychologist” in conjunction with the activities permitted by this subsection.

 


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earned a doctoral degree in psychology from an accredited educational institution may use the title “psychologist” in conjunction with the activities permitted by this subsection.

      4.  A graduate student in psychology whose activities are part of the course of study for a graduate degree in psychology at an accredited educational institution or a person pursuing postdoctoral training or experience in psychology to fulfill the requirements for licensure under the provisions of this chapter may use the terms “psychological trainee,” “psychological intern,” “psychological resident” or “psychological assistant” if the activities are performed under the supervision of a licensed psychologist in accordance with the regulations adopted by the Board.

      5.  A person who is certified as a school psychologist by the State Board of Education may use the title “school psychologist” or “certified school psychologist” in connection with activities relating to school psychologists.

      Sec. 24. NRS 641B.040 is hereby amended to read as follows:

      641B.040  The provisions of this chapter do not apply to:

      1.  A physician who is licensed to practice in this State;

      2.  A nurse who is licensed to practice in this State;

      3.  A person who is licensed as a psychologist pursuant to chapter 641 of NRS [;] or authorized to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact enacted in section 21 of this act;

      4.  A person who is licensed as a marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;

      5.  A person who is licensed as a clinical professional counselor or clinical professional counselor intern pursuant to chapter 641A of NRS;

      6.  A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;

      7.  A person who is licensed as a clinical alcohol and drug abuse counselor, licensed or certified as an alcohol and drug abuse counselor, or certified as a clinical alcohol and drug abuse counselor intern, an alcohol and drug abuse counselor intern, a problem gambling counselor or a problem gambling counselor intern, pursuant to chapter 641C of NRS;

      8.  Any member of the clergy;

      9.  A county welfare director;

      10.  Any person who may engage in social work or clinical social work in his or her regular governmental employment but does not hold himself or herself out to the public as a social worker; or

      11.  A student of social work and any other person preparing for the profession of social work under the supervision of a qualified social worker in a training institution or facility recognized by the Board, unless the student or other person has been issued a provisional license pursuant to paragraph (b) of subsection 1 of NRS 641B.275. Such a student must be designated by the title “student of social work” or “trainee in social work,” or any other title which clearly indicates the student’s training status.

      Sec. 25. NRS 641C.130 is hereby amended to read as follows:

      641C.130  The provisions of this chapter do not apply to:

      1.  A physician who is licensed pursuant to the provisions of chapter 630 or 633 of NRS;

      2.  A nurse who is licensed pursuant to the provisions of chapter 632 of NRS and is authorized by the State Board of Nursing to engage in the practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers;

 


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      3.  A psychologist who is licensed pursuant to the provisions of chapter 641 of NRS [;] or authorized to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact enacted in section 21 of this act;

      4.  A clinical professional counselor or clinical professional counselor intern who is licensed pursuant to chapter 641A of NRS;

      5.  A marriage and family therapist or marriage and family therapist intern who is licensed pursuant to the provisions of chapter 641A of NRS and is authorized by the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors to engage in the practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers; or

      6.  A person who is licensed as a clinical social worker pursuant to the provisions of chapter 641B of NRS and is authorized by the Board of Examiners for Social Workers to engage in the practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers.

      Sec. 25.3. The preliminary chapter of NRS is hereby amended by adding thereto a new section to read as follows:

      Except as otherwise expressly provided in a particular statute or required by the context, “licensed psychologist” means a psychologist licensed pursuant to chapter 641 of NRS or authorized to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact enacted in section 21 of this act.

      Sec. 25.5. NRS 458A.057 is hereby amended to read as follows:

      458A.057  1.  “Qualified mental health professional” means any of the following persons:

      (a) A person who is certified as a problem gambling counselor pursuant to the provisions of chapter 641C of NRS.

      (b) A person who is certified as a problem gambling counselor intern pursuant to the provisions of chapter 641C of NRS.

      (c) A physician who is licensed pursuant to the provisions of chapter 630 or 633 of NRS.

      (d) A nurse who is licensed pursuant to the provisions of chapter 632 of NRS and is authorized by the State Board of Nursing to engage in the practice of counseling problem gamblers.

      (e) A psychologist who is licensed pursuant to the provisions of chapter 641 of NRS or authorized to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact enacted in section 21 of this act, or a psychological assistant who is registered with the Board of Psychological Examiners pursuant to the provisions of chapter 641 of NRS and the regulations adopted pursuant thereto.

      (f) A clinical professional counselor or clinical professional counselor intern who is licensed pursuant to chapter 641A of NRS.

      (g) A marriage and family therapist or marriage and family therapist intern who is licensed pursuant to the provisions of chapter 641A of NRS and is authorized by the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors to engage in the practice of counseling problem gamblers.

      (h) A person who is licensed as a clinical social worker pursuant to the provisions of chapter 641B of NRS and is authorized by the Board of Examiners for Social Workers to engage in the practice of counseling problem gamblers.

 


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      2.  As used in this section, “practice of counseling problem gamblers” has the meaning ascribed to it in NRS 641C.105.

      Sec. 26. NRS 689A.048 is hereby amended to read as follows:

      689A.048  If any policy of health insurance provides coverage for treatment of an illness which is within the authorized scope of the practice of a qualified psychologist, the insured is entitled to reimbursement for treatments by a licensed psychologist . [who is licensed pursuant to chapter 641 of NRS.]

      Sec. 27. NRS 689B.038 is hereby amended to read as follows:

      689B.038  If any policy of group health insurance provides coverage for treatment of an illness which is within the authorized scope of the practice of a qualified psychologist, the insured is entitled to reimbursement for treatment by a licensed psychologist . [who is licensed pursuant to chapter 641 of NRS.]

      Sec. 28. NRS 695B.197 is hereby amended to read as follows:

      695B.197  If any contract for hospital or medical service provides coverage for treatment of an illness which is within the authorized scope of the practice of a qualified psychologist, the insured is entitled to reimbursement for treatments by a licensed psychologist . [who is licensed pursuant to chapter 641 of NRS.]

      Sec. 29. NRS 695C.177 is hereby amended to read as follows:

      695C.177  If any evidence of coverage provides coverage for treatment of an illness which is within the authorized scope of the practice of a qualified psychologist, the insured is entitled to reimbursement for treatments by a licensed psychologist . [who is licensed pursuant to chapter 641 of NRS.]

      Sec. 30. (Deleted by amendment.)

________

CHAPTER 174, AB 341

Assembly Bill No. 341–Assemblyman Ohrenschall

 

CHAPTER 174

 

[Approved: May 26, 2017]

 

AN ACT relating to juvenile justice; authorizing an attorney who represents a child in juvenile proceedings to consult with and seek appointment of certain persons; urging the Nevada Supreme Court to adopt certain court rules relating to juvenile justice; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides a procedure for adjudicating a child who is alleged to be delinquent or in need of supervision under certain circumstances. (NRS 62D.010) Section 1 of this bill authorizes an attorney who represents a child in such juvenile proceedings to consult with and seek appointment of certain persons.

      Section 4 of this bill urges the Nevada Supreme Court to adopt court rules for attorneys who represent juveniles in juvenile proceedings.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 62D of NRS is hereby amended by adding thereto a new section to read as follows:

      Subject to the provisions of subsection 7 of NRS 62D.030 and chapter 260 of NRS, a public defender or any other attorney who represents a child in proceedings pursuant to the provisions of this title may consult with and seek appointment of:

      1.  Any social worker licensed pursuant to chapter 641B of NRS;

      2.  Any qualified mental health professional, as defined in NRS 458A.057;

      3.  Any educator; and

      4.  Any other expert the attorney deems appropriate.

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

      Sec. 4.  The Legislature hereby finds and declares that:

      1.  In the case of In re Gault, 387 U.S. 1 (1967), the United States Supreme Court guaranteed a juvenile’s constitutional right to due process under the Fourteenth Amendment, including, without limitation, the right to counsel and the privilege against self-incrimination.

      2.  Under the existing Nevada Supreme Court Rules:

      (a) Rules 205-215 govern the State of Nevada Board of Continuing Legal Education whose powers and duties include, without limitation, providing for programs of continuing legal education.

      (b) Rule 250 provides minimum requirements required for defense counsel in cases in which the death penalty is or may be sought or has been imposed, including proceedings for postconviction relief from a judgment of conviction and sentence of death.

      3.  The Nevada Supreme Court Rules, however, do not specify minimum requirements for attorneys who represent juveniles in proceedings related to juvenile justice.

      4.  Therefore the Legislature urges the Nevada Supreme Court to adopt appropriate rules for attorneys who represent juveniles to ensure effective assistance of counsel in proceedings related to juvenile justice. These requirements may include, without limitation:

      (a) Minimum requirements for courses, programs and continuing legal education in order to provide effective representation of juveniles;

      (b) Standards for professional conduct specific to juvenile justice; and

      (c) Minimum requirements for attorneys who represent juveniles and are employed by the State Public Defender.

      Sec. 5.  This act becomes effective upon passage and approval.

________

 


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CHAPTER 175, AB 223

Assembly Bill No. 223–Assemblymen McCurdy II; Brooks, Jauregui, Monroe-Moreno, Tolles, Watkins and Yeager

 

Joint Sponsors: Senators Cannizzaro and Segerblom

 

CHAPTER 175

 

[Approved: May 26, 2017]

 

AN ACT relating to energy efficiency programs; requiring an integrated resource plan filed by an electric utility with the Public Utilities Commission of Nevada to include a proposal for the expenditure of certain amounts on energy efficiency and conservation programs directed to low-income customers of the electric utility; revising provisions relating to the approval by the Commission of certain energy efficiency and conservation programs; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires each electric utility to submit to the Public Utilities Commission of Nevada every 3 years an integrated resource plan to increase the utility’s supply of electricity or decrease the demands made on its system by its customers. Existing law provides that the integrated resource plan must include certain components, including, without limitation, an energy efficiency program for residential customers. (NRS 704.741) Section 7 of this bill revises this requirement to require an electric utility to include in its integrated resource plan a proposal for the expenditure of not less than 5 percent of the total expenditures related to energy efficiency and conservation programs on programs directed to low-income customers of the electric utility. Section 8 of this bill authorizes the Commission to accept an energy efficiency plan that consists of energy efficiency programs and energy efficiency and conservation programs that are not cost effective if the energy efficiency plan as a whole is cost effective according to the definition of “cost effective” set forth in section 3 of this bill. Section 8 further requires, as long as an energy efficiency plan remains cost effective, that any order of the Commission accepting or modifying an energy efficiency plan or an amendment to such a plan to require that at least 5 percent of the expenditures of the utility on approved energy efficiency and conservation programs in the energy efficiency plan be specifically directed toward energy efficiency programs for low-income customers.

 

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 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2. As used in NRS 704.736 to 704.754, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Cost effective” means an energy efficiency plan or energy efficiency program has a benefit-cost ratio of 1.0 or greater as determined by the Commission, using a test of the cost effectiveness of the plan or program that:

 


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      1.  Is selected by the Commission; and

      2.  Accounts for any non-energy benefits of the plan or program.

      Sec. 4. 1.  “Energy efficiency and conservation program” means a program designed, intended or used to improve energy efficiency by reducing the energy consumption by a retail customer of a utility which supplies electricity in this State.

      2.  The term includes, without limitation, a demand-side response program or load-limiting program that shifts the consumption of energy by a retail customer from one period to another period.

      3.  The term does not include the implementation or assessment of any rate which is based on the time of day, day of the week or time of year during which electricity is used or which otherwise varies based upon the time during which the electricity is used.

      Sec. 5.  (Deleted by amendment.)

      Sec. 6. NRS 704.736 is hereby amended to read as follows:

      704.736  The application of NRS 704.736 to 704.754, inclusive, and sections 2 to 5, inclusive, of this act is limited to any public utility in the business of supplying electricity which has an annual operating revenue in this state of $2,500,000 or more.

      Sec. 7. NRS 704.741 is hereby amended to read as follows:

      704.741  1.  A utility which supplies electricity in this State shall, on or before July 1 of every third year, in the manner specified by the Commission, submit a plan to increase its supply of electricity or decrease the demands made on its system by its customers to the Commission.

      2.  The Commission shall, by regulation:

      (a) Prescribe the contents of such a plan, including, but not limited to, the methods or formulas which are used by the utility to:

             (1) Forecast the future demands; and

             (2) Determine the best combination of sources of supply to meet the demands or the best method to reduce them; and

      (b) Designate renewable energy zones and revise the designated renewable energy zones as the Commission deems necessary.

      3.  The Commission shall require the utility to include in its plan:

      (a) An energy efficiency program for residential customers which reduces the consumption of electricity or any fossil fuel and which includes, without limitation, the use of new solar thermal energy sources.

      (b) A proposal for the expenditure of not less than 5 percent of the total expenditures related to energy efficiency and conservation programs on energy efficiency and conservation programs directed to low-income customers of the electric utility.

      [(b)](c) A comparison of a diverse set of scenarios of the best combination of sources of supply to meet the demands or the best methods to reduce the demands, which must include at least one scenario of low carbon intensity that includes the deployment of distributed generation.

      [(c)](d) An analysis of the effects of the requirements of NRS 704.766 to 704.775, inclusive, on the reliability of the distribution system of the utility and the costs to the utility to provide electric service to all customers. The analysis must include an evaluation of the costs and benefits of addressing issues of reliability through investment in the distribution system.

      [(d)](e) A list of the utility’s assets described in NRS 704.7338.

      [(e)](f) A surplus asset retirement plan as required by NRS 704.734.

 


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      4.  The Commission shall require the utility to include in its plan a plan for construction or expansion of transmission facilities to serve renewable energy zones and to facilitate the utility in meeting the portfolio standard established by NRS 704.7821.

      5.  As used in this section:

      (a) “Carbon intensity” means the amount of carbon by weight emitted per unit of energy consumed.

      (b) “Renewable energy zones” means specific geographic zones where renewable energy resources are sufficient to develop generation capacity and where transmission constrains the delivery of electricity from those resources to customers.

      Sec. 8. NRS 704.751 is hereby amended to read as follows:

      704.751  1.  After a utility has filed the plan required pursuant to NRS 704.741, the Commission shall issue an order accepting or modifying the plan or specifying any portions of the plan it deems to be inadequate:

      (a) Within 135 days for any portion of the plan relating to the energy supply plan for the utility for the 3 years covered by the plan; and

      (b) Within 180 days for all portions of the plan not described in paragraph (a).

Ê If the Commission issues an order modifying the plan, the utility may consent to or reject some or all of the modifications by filing with the Commission a notice to that effect. Any such notice must be filed not later than 30 days after the date of issuance of the order. If such a notice is filed, any petition for reconsideration or rehearing of the order must be filed with the Commission not later than 10 business days after the date the notice is filed.

      2.  If a utility files an amendment to a plan, the Commission shall issue an order accepting or modifying the amendment or specifying any portions of the amendment it deems to be inadequate:

      (a) Within 135 days after the filing of the amendment; or

      (b) Within 180 days after the filing of the amendment for all portions of the amendment which contain an element of the emissions reduction and capacity replacement plan.

Ê If the Commission issues an order modifying the amendment, the utility may consent to or reject some or all of the modifications by filing with the Commission a notice to that effect. Any such notice must be filed not later than 30 days after the date of issuance of the order. If such a notice is filed, any petition for reconsideration or rehearing of the order must be filed with the Commission not later than 10 business days after the date the notice is filed.

      3.  All prudent and reasonable expenditures made to develop the utility’s plan, including environmental, engineering and other studies, must be recovered from the rates charged to the utility’s customers.

      4.  The Commission may accept an energy efficiency plan containing an energy efficiency program submitted pursuant to paragraph (a) of subsection 3 of NRS 704.741 and energy efficiency and conservation programs submitted pursuant to paragraph (b) of subsection 3 of NRS 704.741 that are not cost effective if the energy efficiency plan as a whole is cost effective. Any order issued by the Commission accepting or modifying an energy efficiency plan or an amendment to such a plan must, if the energy efficiency plan remains cost effective, require that not less than 5 percent of the total expenditures of the utility on approved energy efficiency and conservation programs in the energy efficiency plan must be specifically directed to energy efficiency and conservation programs for low-income customers of the utility.

 


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efficiency and conservation programs in the energy efficiency plan must be specifically directed to energy efficiency and conservation programs for low-income customers of the utility.

      5.  The Commission may accept a transmission plan submitted pursuant to subsection 4 of NRS 704.741 for a renewable energy zone if the Commission determines that the construction or expansion of transmission facilities would facilitate the utility meeting the portfolio standard, as defined in NRS 704.7805.

      [5.]6.  The Commission shall adopt regulations establishing the criteria for determining the adequacy of a transmission plan submitted pursuant to subsection 4 of NRS 704.741.

      [6.]7.  Any order issued by the Commission accepting or modifying an element of an emissions reduction and capacity replacement plan must include provisions authorizing the electric utility to construct or acquire and own electric generating plants necessary to meet the capacity amounts approved in, and carry out the provisions of, the plan. As used in this subsection, “capacity” means an amount of firm electric generating capacity used by the electric utility for the purpose of preparing a plan filed with the Commission pursuant to NRS 704.736 to 704.754, inclusive [.] , and sections 2 to 5, inclusive, of this act.

      Sec. 9.  This act becomes effective:

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

      2.  On July 1, 2017, for all other purposes.

________

CHAPTER 176, AB 105

Assembly Bill No. 105–Assemblyman Thompson

 

CHAPTER 176

 

[Approved: May 26, 2017]

 

AN ACT relating to public health; revising continuing education requirements relating to suicide prevention and awareness for certain providers of health care; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires or encourages certain providers of health care, including physicians, physician assistants, advanced practice registered nurses, psychologists, behavior analysts, assistant behavior analysts, marriage and family therapists, clinical professional counselors, social workers, alcohol and drug abuse counselors and problem gambling counselors and certain interns related to these professions to receive at least 1 or 2 hours of continuing education in certain topics related to suicide prevention and awareness. (NRS 630.253, 632.343, 633.471, 641.220, 641A.260, 641B.280, 641C.450) Sections 1-6 of this bill make mandatory continuing education requirements relating to suicide prevention and awareness for each of these providers of health care and requires the completion of a course of instruction on suicide prevention and awareness at regular intervals.

 


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      Sections 1 and 2.5 also remove the authority for certain persons who hold a license to practice medicine, including, without limitation, physicians, osteopathic physicians and psychiatrists, to substitute not more than 2 hours of continuing education in certain topics related to suicide prevention for an equivalent continuing education requirement in ethics. (NRS 630.253, 633.471)

      Section 9 of this bill repeals the prospective expiration of the existing requirement for a physician and osteopathic physician to complete a course of instruction on suicide prevention and awareness. Section 9 also repeals a provision to remove the prospective expiration of the requirement for psychologists, behavior analysts and assistant behavior analysts to complete a course of instruction on suicide prevention and awareness.

 

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 630.253 is hereby amended to read as follows:

      630.253  1.  The Board shall, as a prerequisite for the:

      (a) Renewal of a license as a physician assistant; or

      (b) Biennial registration of the holder of a license to practice medicine,

Ê require each holder to submit evidence of compliance with the requirements for continuing education as set forth in regulations adopted by the Board.

      2.  These requirements:

      (a) May provide for the completion of one or more courses of instruction relating to risk management in the performance of medical services.

      (b) Must provide for the completion of a course of instruction, within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:

             (1) An overview of acts of terrorism and weapons of mass destruction;

             (2) Personal protective equipment required for acts of terrorism;

             (3) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

             (4) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

             (5) An overview of the information available on, and the use of, the Health Alert Network.

      (c) Must provide for the completion by a holder of a license to practice medicine [who is a psychiatrist] of a course of instruction within 2 years after initial licensure that provides at least 2 hours of instruction on [clinically-based] evidence-based suicide prevention and awareness [.] as described in subsection 5.

Ê The Board may thereafter determine whether to include in a program of continuing education additional courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.

 


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      3.  The Board shall encourage each holder of a license who treats or cares for persons who are more than 60 years of age to receive, as a portion of their continuing education, education in geriatrics and gerontology, including such topics as:

      (a) The skills and knowledge that the licensee needs to address aging issues;

      (b) Approaches to providing health care to older persons, including both didactic and clinical approaches;

      (c) The biological, behavioral, social and emotional aspects of the aging process; and

      (d) The importance of maintenance of function and independence for older persons.

      4.  The Board shall encourage each holder of a license to practice medicine to receive, as a portion of his or her continuing education, training concerning methods for educating patients about how to effectively manage medications, including, without limitation, the ability of the patient to request to have the symptom or purpose for which a drug is prescribed included on the label attached to the container of the drug.

      5.  The Board shall [encourage] require each holder of a license to practice medicine [, other than a psychiatrist,] to receive as a portion of his or her continuing education [training concerning suicide, including,] at least 2 hours of instruction every 4 years on evidence-based suicide prevention and awareness, which may include, without limitation, [such topics as:] instruction concerning:

      (a) The skills and knowledge that the licensee needs to detect behaviors that may lead to suicide, including, without limitation, post-traumatic stress disorder;

      (b) Approaches to engaging other professionals in suicide intervention; and

      (c) The detection of suicidal thoughts and ideations and the prevention of suicide.

      6.  A holder of a license to practice medicine may not substitute [not more than 2 hours of] the continuing education credits [in the detection of suicidal thoughts and ideations, and the intervention and prevention of suicide, pain management or addiction care] relating to suicide prevention and awareness required by this section for the purposes of satisfying an equivalent requirement for continuing education in ethics.

      7.  A holder of a license to practice medicine may substitute not more than 2 hours of continuing education credits in pain management or addiction care for the purposes of satisfying an equivalent requirement for continuing education in ethics.

      8.  As used in this section:

      (a) “Act of terrorism” has the meaning ascribed to it in NRS 202.4415.

      (b) “Biological agent” has the meaning ascribed to it in NRS 202.442.

      (c) “Chemical agent” has the meaning ascribed to it in NRS 202.4425.

      (d) “Radioactive agent” has the meaning ascribed to it in NRS 202.4437.

      (e) “Weapon of mass destruction” has the meaning ascribed to it in NRS 202.4445.

      Sec. 2. NRS 632.343 is hereby amended to read as follows:

      632.343  1.  The Board shall not renew any license issued under this chapter until the licensee has submitted proof satisfactory to the Board of completion, during the 2-year period before renewal of the license, of 30 hours in a program of continuing education approved by the Board in accordance with regulations adopted by the Board.

 


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hours in a program of continuing education approved by the Board in accordance with regulations adopted by the Board. [The] Except as otherwise provided in subsection 3, the licensee is exempt from this provision for the first biennial period after graduation from:

      (a) An accredited school of professional nursing;

      (b) An accredited school of practical nursing;

      (c) An approved school of professional nursing in the process of obtaining accreditation; or

      (d) An approved school of practical nursing in the process of obtaining accreditation.

      2.  The Board shall review all courses offered to nurses for the completion of the requirement set forth in subsection 1. The Board may approve nursing and other courses which are directly related to the practice of nursing as well as others which bear a reasonable relationship to current developments in the field of nursing or any special area of practice in which a licensee engages. These may include academic studies, workshops, extension studies, home study and other courses.

      3.  The program of continuing education required by subsection 1 must include :

      (a) For a person licensed as an advanced practice registered nurse, a course of instruction to be completed within 2 years after initial licensure that provides at least 2 hours of instruction on suicide prevention and awareness as described in subsection 5.

      (b) For each person licensed pursuant to this chapter, a course of instruction, to be completed within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:

      [(a)](1) An overview of acts of terrorism and weapons of mass destruction;

      [(b)](2) Personal protective equipment required for acts of terrorism;

      [(c)](3) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

      [(d)](4) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

      [(e)](5) An overview of the information available on, and the use of, the Health Alert Network.

Ê The Board may thereafter determine whether to include in a program of continuing education additional courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.

      4.  The Board shall encourage each licensee who treats or cares for persons who are more than 60 years of age to receive, as a portion of their continuing education, education in geriatrics and gerontology, including such topics as:

      (a) The skills and knowledge that the licensee needs to address aging issues;

      (b) Approaches to providing health care to older persons, including both didactic and clinical approaches;

      (c) The biological, behavioral, social and emotional aspects of the aging process; and

 


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      (d) The importance of maintenance of function and independence for older persons.

      5.  The Board shall [encourage] require each person licensed as an advanced practice registered nurse to receive as a portion of his or her continuing education at least 2 hours of instruction every 4 years on [clinically-based] evidence-based suicide prevention and awareness [.] or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate.

      6.  As used in this section:

      (a) “Act of terrorism” has the meaning ascribed to it in NRS 202.4415.

      (b) “Biological agent” has the meaning ascribed to it in NRS 202.442.

      (c) “Chemical agent” has the meaning ascribed to it in NRS 202.4425.

      (d) “Radioactive agent” has the meaning ascribed to it in NRS 202.4437.

      (e) “Weapon of mass destruction” has the meaning ascribed to it in NRS 202.4445.

      Sec. 2.5. NRS 633.471 is hereby amended to read as follows:

      633.471  1.  Except as otherwise provided in subsection [8] 9 and NRS 633.491, every holder of a license issued under this chapter, except a temporary or a special license, may renew the license on or before January 1 of each calendar year after its issuance by:

      (a) Applying for renewal on forms provided by the Board;

      (b) Paying the annual license renewal fee specified in this chapter;

      (c) Submitting a list of all actions filed or claims submitted to arbitration or mediation for malpractice or negligence against the holder during the previous year;

      (d) Submitting evidence to the Board that in the year preceding the application for renewal the holder has attended courses or programs of continuing education approved by the Board in accordance with regulations adopted by the Board totaling a number of hours established by the Board which must not be less than 35 hours nor more than that set in the requirements for continuing medical education of the American Osteopathic Association; and

      (e) Submitting all information required to complete the renewal.

      2.  The Secretary of the Board shall notify each licensee of the requirements for renewal not less than 30 days before the date of renewal.

      3.  The Board shall request submission of verified evidence of completion of the required number of hours of continuing medical education annually from no fewer than one-third of the applicants for renewal of a license to practice osteopathic medicine or a license to practice as a physician assistant. Upon a request from the Board, an applicant for renewal of a license to practice osteopathic medicine or a license to practice as a physician assistant shall submit verified evidence satisfactory to the Board that in the year preceding the application for renewal the applicant attended courses or programs of continuing medical education approved by the Board totaling the number of hours established by the Board.

      4.  The Board shall require each holder of a license to practice osteopathic medicine to complete a course of instruction within 2 years after initial licensure that provides at least 2 hours of instruction on evidence-based suicide prevention and awareness as described in subsection 7.

 


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      5.  The Board shall encourage each holder of a license to practice osteopathic medicine to receive, as a portion of his or her continuing education, training concerning methods for educating patients about how to effectively manage medications, including, without limitation, the ability of the patient to request to have the symptom or purpose for which a drug is prescribed included on the label attached to the container of the drug.

      [5.]6.  The Board shall require, as part of the continuing education requirements approved by the Board, the biennial completion by a holder of a license to practice osteopathic medicine of [:

      (a) At] at least 2 hours of continuing education credits in ethics, pain management or addiction care . [; and

      (b) If the holder of a license to practice osteopathic medicine is a psychiatrist, at least 2 hours of continuing education credits on clinically-based suicide prevention and awareness.

      6.]7.  The Board shall [encourage] require each holder of a license to practice osteopathic medicine [, other than a psychiatrist,] to receive as a portion of his or her continuing education [training concerning suicide, including,] at least 2 hours of instruction every 4 years on evidence-based suicide prevention and awareness which may include, without limitation, [such topics as:] instruction concerning:

      (a) The skills and knowledge that the licensee needs to detect behaviors that may lead to suicide, including, without limitation, post-traumatic stress disorder;

      (b) Approaches to engaging other professionals in suicide intervention; and

      (c) The detection of suicidal thoughts and ideations and the prevention of suicide.

      [7.]8.  A holder of a license to practice osteopathic medicine may not substitute [not more than 2 hours of] the continuing education credits [in the detection of suicidal thoughts and ideations, and the intervention and prevention of suicide] relating to suicide prevention and awareness required by this section for the purposes of satisfying an equivalent requirement for continuing education in ethics.

      [8.]9.  Members of the Armed Forces of the United States and the United States Public Health Service are exempt from payment of the annual license renewal fee during their active duty status.

      Sec. 3. NRS 641.220 is hereby amended to read as follows:

      641.220  1.  To renew a license issued pursuant to this chapter, each person must, on or before the first day of January of each odd-numbered year:

      (a) Apply to the Board for renewal;

      (b) Pay the biennial fee for the renewal of a license;

      (c) Submit evidence to the Board of completion of the requirements for continuing education as set forth in regulations adopted by the Board; and

      (d) Submit all information required to complete the renewal.

      2.  Upon renewing his or her license, a psychologist shall declare his or her areas of competence, as determined in accordance with NRS 641.112.

      3.  The Board shall, as a prerequisite for the renewal of a license, require each holder to comply with the requirements for continuing education adopted by the Board . [, which]

      4.  The requirements for continuing education adopted by the Board pursuant to subsection 3 must include, without limitation, a requirement that the holder of a license receive at least 2 hours of instruction on evidence-based suicide prevention and awareness [.]

 


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the holder of a license receive at least 2 hours of instruction on evidence-based suicide prevention and awareness [.] or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate. The hours of instruction required by this subsection must be completed within 2 years after initial licensure and at least every 4 years thereafter.

      Sec. 4.  NRS 641A.260 is hereby amended to read as follows:

      641A.260  1.  To renew a license issued pursuant to this chapter, each person must, on or before the date of expiration of the current license:

      (a) Apply to the Board for renewal;

      (b) Pay the fee for renewal set by the Board;

      (c) Submit evidence to the Board of completion of the requirements for continuing education as set forth in regulations adopted by the Board; and

      (d) Submit all information required to complete the renewal.

      2.  The Board shall, as a prerequisite for the renewal of a license, require each holder to comply with the requirements for continuing education adopted by the Board, which must include, without limitation, a requirement that the holder receive at least 2 hours of instruction on evidence-based suicide prevention and awareness [.] or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate.

      Sec. 5. NRS 641B.280 is hereby amended to read as follows:

      641B.280  1.  Every holder of a license issued pursuant to this chapter may renew his or her license annually by:

      (a) Applying to the Board for renewal;

      (b) Paying the annual renewal fee set by the Board;

      (c) Submitting evidence to the Board of completion of the required continuing education as set forth in regulations adopted by the Board; and

      (d) Submitting all information required to complete the renewal.

      2.  The Board shall, as a prerequisite for the renewal of a license, require the holder to comply with the requirements for continuing education adopted by the Board, which must include, without limitation, a requirement that the holder receive at least 2 hours of instruction on evidence-based suicide prevention and awareness [.] or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate.

      Sec. 6. NRS 641C.450 is hereby amended to read as follows:

      641C.450  Except as otherwise provided in NRS 641C.310, 641C.320, 641C.440 and 641C.530, a person may renew his or her license or certificate by submitting to the Board:

      1.  An application for the renewal of the license or certificate;

      2.  The fee for the renewal of a license or certificate prescribed in NRS 641C.470;

      3.  Evidence of completion of the continuing education required by the Board, which must include, without limitation, a requirement that the applicant receive at least 1 hour of instruction on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate for each year of the term of the applicant’s licensure or certification;

      4.  If the applicant is a certified intern, the name of the licensed or certified counselor who supervises the applicant; and

 


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      5.  All information required to complete the renewal.

      Sec. 7. Section 6 of chapter 403, Statutes of Nevada 2015, at page 2289, is hereby amended to read as follows:

       Sec. 6.  1.  This section and sections 1, 1.5, 2, 3, 4, 5, 5.3 and 5.7 of this act become effective on July 1, 2016.

       2.  Sections 5.3 and 5.7 of this act expire by limitation on June 30, 2026.

       3.  Sections [1.3, 2.5, 3.5,] 4.5 and 5.1 of this act become effective on July 1, 2026.

      Sec. 8.  A person who is:

      1.  Licensed to practice medicine pursuant to the provisions of chapter 630 of NRS;

      2.  Licensed as an advanced practice registered nurse pursuant to the provisions of chapter 632 of NRS;

      3.  Licensed to practice osteopathic medicine pursuant to the provisions of chapter 633 of NRS; or

      4.  Licensed pursuant to the provisions of chapter 641 of NRS,

Ê and who has previously renewed his or her license before July 1, 2017, shall complete a course of instruction on suicide prevention and awareness as required pursuant to NRS 630.253, 632.343, 633.471 or 641.220, as amended by sections 1, 2, 2.5 and 3 of this act, as applicable, by July 1, 2018, or before the date on which the license of the person must next be renewed, whichever is later.

      Sec. 9. Sections 1.3, 2.5 and 3.5 of chapter 403, Statutes of Nevada 2015, at pages 2281, 2285 and 2287, respectively, are hereby repealed.

      Sec. 10.  This act becomes effective:

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

      2.  On July 1, 2017, for all other purposes.

________

CHAPTER 177, AB 60

Assembly Bill No. 60–Committee on Transportation

 

CHAPTER 177

 

[Approved: May 26, 2017]

 

AN ACT relating to vehicles; requiring the payment of a fee and the submission of certain information for the reinstatement of certain licenses relating to vehicles which are not timely renewed; revising provisions relating to fingerprint requirements for certain initial licenses relating to vehicles; revising the types of criminal convictions for which the Department of Motor Vehicles may deny an application for or suspend or revoke a salesperson’s license; repealing provisions requiring the payment of a fee for the issuance of certain temporary placards; and providing other matters properly relating thereto.

 


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ê2017 Statutes of Nevada, Page 948 (Chapter 177, AB 60)ê

 

Legislative Counsel’s Digest:

      Under existing law, a license issued by the Department of Motor Vehicles is required for a person who wishes to operate as a: (1) vehicle transporter; (2) motor vehicle manufacturer; (3) motor vehicle distributor; (4) new and used vehicle dealer; (5) vehicle rebuilder; (6) broker of vehicles; (7) automobile wrecker; (8) salvage pool; or (9) body shop. (NRS 482.3161, 482.322, 482.333, 487.050, 487.410, 487.610) Registration with the Department is required under existing law for a person who wishes to operate a garage. (NRS 487.560) Existing law also provides for the renewal of all such licenses and registration. (NRS 482.3163, 482.325, 482.333, 487.070, 487.430, 487.565, 487.630) Sections 1, 4, 5, 8 and 10-12 of this bill establish a late fee of $25 for the reinstatement of such licenses and registration if the license or registration, as applicable, is allowed to expire before renewal. Section 2 of this bill establishes certain requirements for a vehicle transporter who electronically submits the statement required for licensure regarding child support to retain the original version of such a statement for 3 years after submission. (NRS 482.31632)

      Under existing law, the Department requires a person applying for initial licensure to operate as a vehicle transporter, a motor vehicle manufacturer, distributor, dealer or rebuilder, a broker of vehicles or a salesperson of vehicles, trailers or semitrailers to submit a complete set of fingerprints for submission to the Federal Bureau of Investigation for its report. (NRS 482.3163, 482.325, 482.333, 482.362) The Department also requires a person applying for initial licensure to operate as a vehicle transporter, a motor vehicle manufacturer, distributor, dealer or rebuilder, to pay a processing fee established by the Department in regulation for the fingerprints. (NRS 482.3163, 482.325) Sections 5 and 6 of this bill require a person applying for initial licensure to operate as a broker of vehicles or a salesperson of vehicles, trailers or semitrailers to pay a fee established by the Department by regulation for processing the fingerprints. Section 13 of this bill makes a conforming change. (NRS 490.210) Sections 7, 9 and 12 of this bill require a person applying for initial licensure to operate as an automobile wrecker, a salvage pool or a body shop to submit a complete set of fingerprints for submission to the Federal Bureau of Investigation for its report and to pay a fee established by the Department by regulation for processing the fingerprints. (NRS 487.050, 487.410, 487.630) Sections 7, 9 and 12 also require an application form for such licensure to designate the persons whose names must appear on the form.

      Under existing law, an application for a license as a salesperson of vehicles, trailers or semitrailers may be denied, or such a license may be suspended or revoked, if the applicant or licensee has been convicted of: (1) a felony; (2) a gross misdemeanor; or (3) a misdemeanor for a violation of the provisions of existing law relating to those salespersons. (NRS 482.362) Section 6 amends existing law by providing that those convictions are only relevant to the applicant if they occurred: (1) for a class C, D or E felony or a gross misdemeanor, within the immediately preceding 10 years; and (2) for a misdemeanor for a violation of the provisions of existing law relating to such salespersons, within the immediately preceding 20 years.

      Existing law requires a seller or long-term lessor of a vehicle to attach to a vehicle he or she has sold or leases a temporary placard which authorizes the operation of such a vehicle on the highways of this State for a period not to exceed 30 days. (NRS 482.423-482.4245) The temporary placard must be removed when the vehicle is registered and license plates are affixed. Existing law requires the Department to collect a fee for each such temporary placard issued to a seller or long-term lessor of vehicles. (NRS 482.4247) Section 14 of this bill repeals the requirement for the collection of such a fee. Section 3 of this bill makes a conforming change. (NRS 482.31776)

 


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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 482.3163 is hereby amended to read as follows:

      482.3163  1.  An application for a license as a vehicle transporter must be accompanied by a fee of $100, be submitted on forms supplied by the Department and include the social security number of the applicant. The forms must designate the persons whose names are required to appear on the forms. An additional fee for the processing of fingerprints must be submitted for each applicant for initial licensure. The Department shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

      2.  The application for a license as a vehicle transporter must contain:

      (a) The applicant’s name and address; and

      (b) Such other information as the Department requires.

      3.  Each applicant for initial licensure shall submit with the application:

      (a) A complete set of his or her fingerprints and written permission authorizing the Department to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (b) If the applicant is a natural person, the statement required pursuant to NRS 482.31632.

      4.  Upon receipt of the application and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a license as a vehicle transporter.

      5.  A license issued pursuant to this section expires on December 31 of each year. Before December 31 of each year, a licensee must submit to the Department, on forms supplied by the Department and in the manner specified by the Department, an application for renewal accompanied by an annual fee for renewal of $50. If the applicant is a natural person, the application also must be accompanied by the statement required pursuant to NRS 482.31632.

      6.  A license that expires for failure to renew before December 31 may be reinstated upon submission to the Department of:

      (a) The application for renewal and the annual fee for renewal as required in subsection 5;

      (b) If the applicant is a natural person, the statement required pursuant to NRS 482.31632; and

      (c) A late fee of $25.

      Sec. 2. NRS 482.31632 is hereby amended to read as follows:

      482.31632  1.  [An] Except as otherwise provided in subsection 5, an applicant for the issuance or renewal of a license as a vehicle transporter shall submit to the Department the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Department shall include the statement required pursuant to subsection 1 in:

 


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      (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

      (b) A separate form prescribed by the Department.

      3.  A license as a vehicle transporter may not be issued or renewed by the Department if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Department shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      5.  If a licensee renews an existing license electronically, the licensee shall keep the original of the statement required pursuant to subsection 1 at his or her place of business for not less than 3 years after submitting the electronic renewal. The statement must be available during business hours for inspection by any authorized agent of the Director or the State of Nevada.

      Sec. 3. NRS 482.31776 is hereby amended to read as follows:

      482.31776  1.  A consignee of a vehicle shall, upon entering into a consignment contract or other form of agreement to sell a vehicle owned by another person:

      (a) Open and maintain a separate trust account in a federally insured bank or savings and loan association that is located in this State, into which the consignee shall deposit all money received from a prospective buyer as a deposit, or as partial or full payment of the purchase price agreed upon, toward the purchase or transfer of interest in the vehicle. A consignee of a vehicle shall not:

             (1) Commingle the money in the trust account with any other money that is not on deposit or otherwise maintained toward the purchase of the vehicle subject to the consignment contract or agreement; or

             (2) Use any money in the trust account to pay his or her operational expenses for any purpose that is not related to the consignment contract or agreement.

      (b) Obtain from the consignor, before receiving delivery of the vehicle, a signed and dated disclosure statement that is included in the consignment contract and provides in at least 10-point bold type or font:

 

IMPORTANT NOTICE TO VEHICLE OWNERS

 

State law (NRS 482.31776) requires that the operator of this business file a Uniform Commercial Code 1 (UCC1) form with the Office of the Secretary of State on your behalf to protect your interest in your vehicle. The form is required to protect your vehicle from forfeiture in the event that the operator of this business fails to meet his or her financial obligations to a third party holding a security interest in his or her inventory.

 


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financial obligations to a third party holding a security interest in his or her inventory. The form must be filed by the operator of this business before the operator may take possession of your vehicle. If the form is not filed as required, YOU MAY LOSE YOUR VEHICLE THROUGH NO FAULT OF YOUR OWN. For a copy of the UCC1 form filed on your behalf or for more information, please contact:

 

The Office of the Secretary of State of Nevada

Uniform Commercial Code Division

[(775) 684-5708] (775) 684-7100

 

I understand and acknowledge the above disclosure.

 

                                                               .....................

Consignee Signature                           Date

 

      (c) Assist the consignor in completing, with respect to the consignor’s purchase-money security interest in the vehicle, a financing statement of the type described in subsection 5 of NRS 104.9317 and shall file the financing statement with the Secretary of State on behalf of the consignor. If a consignee has previously granted to a third party a security interest with an after-acquired property clause in the consignee’s inventory, the consignee additionally shall assist the consignor in sending an authenticated notification, as described in paragraph (b) of subsection 1 of NRS 104.9324, to each holder of a conflicting security interest. The consignee must not receive delivery of the vehicle until the consignee has:

             (1) Filed the financing statement with the Secretary of State; and

             (2) If applicable, assisted the consignor in sending an authenticated notification to each holder of a conflicting security interest.

      2.  Upon the sale or transfer of interest in the vehicle, the consignee shall forthwith:

      (a) Satisfy or cause to be satisfied all outstanding security interests in the vehicle; and

      (b) Satisfy the financial obligations due the consignor pursuant to the consignment contract.

      3.  Upon the receipt of money by delivery of cash, bank check or draft, or any other form of legal monetary exchange, or after any form of transfer of interest in a vehicle, the consignee shall notify the consignor that the money has been received or that a transfer of interest in the vehicle has occurred. Notification by the consignee to the consignor must be given in person or, in the absence of the consignor, by registered or certified mail addressed to the last address or residence of the consignor known to the consignee. The notification must be made within 3 business days after the date on which the money is received or the transfer of interest in the vehicle is made.

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

      (a) An executor;

      (b) An administrator;

      (c) A sheriff;

      (d) A salvage pool subject to the provisions of NRS 487.400 to 487.510, inclusive; or

 


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      (e) Any other person who sells a vehicle pursuant to the powers or duties granted to or imposed on him or her by specific statute.

      5.  Notwithstanding any provision of NRS 482.423 to [482.4247,] 482.4245, inclusive, to the contrary, a vehicle subject to a consignment contract may not be operated by the consignee, an employee or agent of the consignee, or a prospective buyer in accordance with NRS 482.423 to [482.4247,] 482.4245, inclusive, by displaying a temporary placard to operate the vehicle unless the operation of the vehicle is authorized by the express written consent of the consignor.

      6.  A vehicle subject to a consignment contract may not be operated by the consignee, an employee or agent of the consignee, or a prospective buyer in accordance with NRS 482.320 by displaying a special plate unless the operation of the vehicle is authorized by the express written consent of the consignor.

      7.  A consignee shall maintain a written log for each vehicle for which he or she has entered into a consignment contract. The written log must include:

      (a) The name and address, or place of residence, of the consignor;

      (b) A description of the vehicle consigned, including the year, make, model and serial or identification number of the vehicle;

      (c) The date on which the consignment contract is entered into;

      (d) The period that the vehicle is to be consigned;

      (e) The minimum agreed upon sales price for the vehicle;

      (f) The approximate amount of money due any lienholder or other person known to have an interest in the vehicle;

      (g) If the vehicle is sold, the date on which the vehicle is sold;

      (h) The date that the money due the consignor and the lienholder was paid;

      (i) The name and address of the federally insured bank or savings and loan association in which the consignee opened the trust account required pursuant to subsection 1; and

      (j) The signature of the consignor acknowledging that the terms of the consignment contract were fulfilled or terminated, as appropriate.

      8.  A person who:

      (a) Appropriates, diverts or otherwise converts to his or her own use money in a trust account opened pursuant to paragraph (a) of subsection 1 or otherwise subject to a consignment contract or agreement is guilty of embezzlement and shall be punished in accordance with NRS 205.300. The court shall, in addition to any other penalty, order the person to pay restitution.

      (b) Violates paragraph (b) or (c) of subsection 1 is guilty of a misdemeanor. The court shall, in addition to any other penalty, order the person to pay restitution.

      (c) Violates any other provision of this section is guilty of a misdemeanor.

      Sec. 4. NRS 482.325 is hereby amended to read as follows:

      482.325  1.  An application for a manufacturer’s, distributor’s, dealer’s or rebuilder’s license must be filed upon forms supplied by the Department and include the social security number of the applicant. The forms must designate the persons whose names are required to appear thereon. The applicant shall furnish:

 


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ê2017 Statutes of Nevada, Page 953 (Chapter 177, AB 60)ê

 

      (a) Such proof as the Department may deem necessary that the applicant is a manufacturer, distributor, dealer or rebuilder.

      (b) A fee of $125.

      (c) A fee for the processing of fingerprints. The Department shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

      (d) For initial licensure, a complete set of fingerprints and written permission authorizing the Department to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (e) If the applicant is a natural person, the statement required pursuant to NRS 482.319.

      (f) A certificate of insurance for automobile liability.

      2.  Upon receipt of the application and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a dealer’s, manufacturer’s, distributor’s or rebuilder’s license containing the name of the licensee and the address of the licensee’s established place of business or the address of the main office of a manufacturer without an established place of business in this State.

      3.  Licenses issued pursuant to this section expire on December 31 of each year. Before December 31 of each year, a licensee must furnish the Department with an application for renewal of the license accompanied by an annual fee of $50. If the applicant is a natural person, the application for renewal also must be accompanied by the statement required pursuant to NRS 482.319. The additional fee for the processing of fingerprints, established by regulation pursuant to paragraph (c) of subsection 1, must be submitted for each applicant whose name does not appear on the original application for the license. The renewal application must be provided by the Department and contain information required by the Department.

      4.  A license that expires for failure to renew before December 31 may be reinstated upon submission to the Department of:

      (a) The application for renewal and the annual fee for renewal required in subsection 3;

      (b) If the applicant is a natural person, the statement required pursuant to NRS 482.319;

      (c) The additional fee for processing fingerprints required in subsection 3, if applicable; and

      (d) A late fee of $25.

      Sec. 5. NRS 482.333 is hereby amended to read as follows:

      482.333  1.  A person shall not engage in the activity of a broker of vehicles in this State without first having received a license from the Department. Before issuing a license to a broker, the Department shall require:

      (a) An application, signed and verified by the applicant, stating that the applicant desires to be licensed as a broker, his or her residential address, his or her social security number and the address of his or her principal place of business . [;]

      (b) A statement as to whether any previous application of the applicant for a license as a vehicle dealer or broker has been denied or whether such a license has been suspended or revoked . [;]

 


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      (c) Payment of a nonrefundable license fee of $125 . [;]

      (d) A fee for the processing of fingerprints. The Department shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

      (e) For initial licensure, the submission of a complete set of the applicant’s fingerprints and written permission authorizing the Department to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report . [; and

      (e)] (f) Any other information the Department deems necessary.

Ê A license issued pursuant to this section expires on December 31 of the year in which it was issued and may be renewed annually upon the payment of a fee of $50. If a licensee fails to renew his or her license before it expires on December 31, the license may be reinstated upon the payment to the Department of the annual renewal fee of $50 and a late fee of $25.

      2.  The Department may deny the issuance of, suspend or revoke a license to engage in the activities of a broker of vehicles upon any of the following grounds:

      (a) Failure of the applicant to have an established place of business in this State.

      (b) Conviction of a felony in this State or any other state, territory or nation.

      (c) Material misstatement in the application.

      (d) Evidence of unfitness of the applicant or licensee.

      (e) Failure or refusal to provide to the Department an authorization for the disclosure of financial records for the business as required pursuant to subsection 6.

      (f) Willful failure to comply with a provision of the motor vehicle laws of this State or a directive of the Director. For the purpose of this paragraph, failure to comply with a directive of the Director advising the licensee of noncompliance with a provision of the motor vehicle laws of this State or a regulation of the Department, within 10 days after the receipt of the directive, is prima facie evidence of willful failure to comply with the directive.

      (g) Failure or refusal to furnish and keep in force any bond.

      (h) Failure on the part of the licensee to maintain a fixed place of business in this State.

      (i) Failure or refusal by the licensee to pay or otherwise discharge a final judgment against the licensee rendered and entered against the licensee, arising out of the misrepresentation of a vehicle, trailer or semitrailer, or out of a fraud committed in connection with the brokering of a vehicle, trailer or semitrailer.

      (j) Failure of the licensee to maintain any other license or bond required by a political subdivision of this State.

      (k) Any other reason determined by the Director to be in the best interests of the public.

Ê The Director may deny the issuance of a license to an applicant or revoke a license already issued if the Department is satisfied that the applicant or licensee is not entitled thereto.

 


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ê2017 Statutes of Nevada, Page 955 (Chapter 177, AB 60)ê

 

      3.  If an application for a broker’s license has been denied, the applicant may not reapply sooner than 6 months after the denial.

      4.  A broker’s license must be posted in a conspicuous place on the premises of the broker’s principal place of business.

      5.  If any information submitted in the application for a broker’s license changes, the broker shall submit a written notice of the change to the Department within 10 days after the change occurs.

      6.  Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy financial obligations related to the activity of a broker of vehicles, the Department may require the applicant or licensee to submit to the Department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The Department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the Department who are authorized to issue a license to an applicant pursuant to NRS 482.333 to 482.334, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.

      7.  Except as otherwise provided in NRS 482.555, any person who fails to comply with the provisions of this section is guilty of a misdemeanor.

      Sec. 6. NRS 482.362 is hereby amended to read as follows:

      482.362  1.  A person shall not engage in the activity of a salesperson of vehicles, trailers or semitrailers, or act in the capacity of a salesperson as defined by this chapter, in the State of Nevada without first having received a license or temporary permit from the Department. Before issuing a license or temporary permit to engage in the activity of a salesperson, the Department shall require:

      (a) An application, signed and verified by the applicant, stating that the applicant is to engage in the activity of a salesperson, his or her residence address, and the name and address of the applicant’s employer.

      (b) Proof of the employment of the applicant by a licensed and bonded vehicle dealer, trailer or semitrailer dealer, lessor or rebuilder at the time the application is filed.

      (c) A statement as to whether any previous application of the applicant has been denied or license revoked.

      (d) Payment of a nonrefundable license fee of $75. The license expires on December 31 of each calendar year and may be renewed annually upon the payment of a fee of $40.

      (e) A fee for the processing of fingerprints. The Department shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

      (f) For initial licensure, the applicant to submit a complete set of fingerprints and written permission authorizing the Department to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      [(f)](g) Any other information the Department deems necessary.

      2.  The Department may issue a 60-day temporary permit to an applicant who has submitted an application and paid the required [fee.] fees.

 


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ê2017 Statutes of Nevada, Page 956 (Chapter 177, AB 60)ê

 

      3.  A license to act as a salesperson of vehicles, trailers or semitrailers, or to act in the capacity of a salesperson as defined in this chapter, issued pursuant to this chapter does not permit a person to engage in the business of selling mobile homes.

      4.  An application for a salesperson’s license may be denied and a salesperson’s license may be suspended or revoked upon the following grounds:

      (a) Failure of the applicant to establish by proof satisfactory to the Department that the applicant is employed by a licensed and bonded vehicle dealer, trailer dealer or semitrailer dealer, lessor or rebuilder.

      (b) Conviction of a class A or B felony.

      (c) Conviction of a class C, D or E felony within the immediately preceding 10 years.

      (d) Conviction of a gross misdemeanor [.

      (d)]within the immediately preceding 10 years.

      (e) Conviction of a misdemeanor within the immediately preceding 20 years for violation of any of the provisions of this chapter.

      [(e)](f) Falsification of the application.

      [(f)](g) Evidence of unfitness as described in NRS 482.3255.

      [(g)](h) Failure of the applicant to provide any information deemed necessary by the Department to process the application.

      [(h)](i) Any reason determined by the Director to be in the best interests of the public.

      5.  Except where a dealer, lessor or rebuilder has multiple branches licensed under NRS 482.326, a salesperson of vehicles shall not engage in any sales activity, or act in any other capacity as a salesperson as defined in this chapter, other than for the account of or for and in behalf of a single employer, at a specified place of business of that employer, who must be a licensed dealer, lessor or rebuilder.

      6.  If an application for a salesperson’s license has been denied, the applicant may reapply not less than 6 months after the denial.

      7.  A salesperson’s license must be posted in a conspicuous place on the premises of the dealer, lessor or rebuilder for whom the salesperson is licensed to sell vehicles.

      8.  If a licensed salesperson ceases to be employed by a licensed and bonded dealer, lessor or rebuilder, the license to act as a salesperson is automatically suspended and the right to act as a salesperson thereupon immediately ceases, and the person shall not engage in the activity of a salesperson until he or she has paid the Department a transfer fee of $20 and submitted a certificate of employment indicating he or she has been reemployed by a licensed and bonded dealer, lessor or rebuilder, and has thereafter presented a current temporary permit or a new salesperson’s license to the employer.

      9.  If a licensed salesperson changes his or her residential address, the salesperson shall submit a written notice of the change to the Department within 10 days.

      10.  If a person who holds a temporary permit to act as a salesperson ceases to be employed by a licensed and bonded dealer, lessor or rebuilder, the permit to act as a salesperson is automatically suspended, the right to act as a salesperson thereupon immediately ceases and the person shall not engage in the activity of a salesperson until he or she has paid the Department a transfer fee of $20 and submitted a certificate of employment indicating he or she has been reemployed by a licensed and bonded dealer, lessor or rebuilder, and has thereafter presented a current temporary permit or a new salesperson’s license to the employer.

 


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indicating he or she has been reemployed by a licensed and bonded dealer, lessor or rebuilder, and has thereafter presented a current temporary permit or a new salesperson’s license to the employer.

      11.  A licensed dealer, lessor or rebuilder who employs a licensed salesperson shall notify the Department of the termination of his or her employment within 10 days following the date of termination by forwarding the salesperson’s license to the Department.

      12.  Any person who fails to comply with the provisions of this section is guilty of a misdemeanor except as otherwise provided in NRS 482.555.

      Sec. 7. NRS 487.050 is hereby amended to read as follows:

      487.050  1.  It is unlawful for any person to dismantle, scrap, process or wreck any vehicle without first applying for and obtaining a license for that operation from the Department.

      2.  An application for a license must be made on a form provided by the Department . [,] The forms must designate the persons whose names are required to appear thereon. The application must include the social security number of the applicant and be accompanied by [such] :

      (a) Such proof as the Department may require that the applicant:

      [(a)](1) Is a bona fide automobile wrecker; and

      [(b)](2) Owns or leases a place of business which meets the requirements of NRS 487.073.

      (b) A fee for the processing of fingerprints. The Department shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

      (c) For initial licensure, a complete set of fingerprints and written permission authorizing the Department to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (d) The fee for issuance of a license provided in NRS 487.080.

      Sec. 8. NRS 487.070 is hereby amended to read as follows:

      487.070  1.  The Department may approve or reject the application. If the Department receives the statement required pursuant to NRS 487.003 and approves the application, it shall issue to the applicant:

      (a) A license containing the applicant’s name and address, the name under which the business is to be conducted, the business address, and a distinguishing number assigned to the applicant.

      (b) A card which:

             (1) Contains the information specified in paragraph (a);

             (2) Includes a picture of the licensee; and

             (3) Clearly identifies the holder of the card as a licensed automobile wrecker.

      2.  A licensee may obtain one or two cards for his or her business. The Department shall charge a fee of $50 for each card issued. [Fees collected by the Department pursuant to this subsection must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.]

      3.  A licensee shall post the license in a conspicuous place clearly visible to the general public at the business address set forth on the license.

      4.  A license expires on April 30 of each year.

      5.  [A] Except as otherwise provided in subsection 6, a licensee may renew the license by submitting to the Department:

 


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      (a) A completed application for renewal upon a form supplied by the Department;

      (b) The statement required pursuant to NRS 487.003; and

      (c) The fee for renewal of a license provided in NRS 487.080.

      6.  A license that expires for failure to renew before April 30 may be reinstated upon submission to the Department of:

      (a) The application for renewal and statement specified in paragraphs (a) and (b) of subsection 5;

      (b) The fee for renewal of a license provided in NRS 487.080; and

      (c) A late fee of $25.

      7.  Fees collected by the Department pursuant to this section must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

      Sec. 9. NRS 487.410 is hereby amended to read as follows:

      487.410  1.  No person may operate a salvage pool without first applying for and obtaining a license for that business from the Department.

      2.  An application for a license must be made on a form provided by the Department . [,] The forms must designate the persons whose names are required to appear thereon. The application must include the social security number of the applicant and be accompanied by [such] :

      (a) Such proof as the Department requires that the applicant meets the statutory requirements to be an operator of a salvage pool.

      (b) A fee for the processing of fingerprints. The Department shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

      (c) For initial licensure, a complete set of fingerprints and written permission authorizing the Department to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (d) The fee for issuance of a license provided in NRS 487.450.

      Sec. 10. NRS 487.430 is hereby amended to read as follows:

      487.430  1.  The Department may approve or reject the application for a license to operate a salvage pool. If the Department receives the statement required pursuant to NRS 487.003 and approves the application, it shall issue to the applicant a license containing the applicant’s name and address, the name under which the business is to be conducted, the business address, and a distinguishing number assigned to the applicant.

      2.  A licensee shall post the license in a conspicuous place clearly visible to the general public at the business address set forth on the license.

      3.  A license expires on April 30 of each year.

      4.  [A] Except as otherwise provided in subsection 5, a licensee may renew his or her license by submitting to the Department:

      (a) A completed application for renewal upon a form supplied by the Department;

      (b) The statement required pursuant to NRS 487.003; and

      (c) The fee for renewal of a license provided in NRS 487.450.

      5.  A license that expires for failure to renew before April 30 may be reinstated upon submission to the Department of:

      (a) The application for renewal and statement specified in paragraphs (a) and (b) of subsection 4;

      (b) The fee for renewal of a license provided in NRS 487.450; and

 


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      (c) A late fee of $25. Any fee collected by the Department pursuant to this paragraph must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

      Sec. 11. NRS 487.565 is hereby amended to read as follows:

      487.565  1.  If the Department receives an application for registration that contains the information required by NRS 487.560, it shall issue to the applicant a certificate of registration for each garage operated by the applicant. The certificate must contain the name of the applicant, the name under which the applicant’s business will be conducted, the address of the business and the registration number for the garage.

      2.  A certificate of registration is valid for 1 year after the date of issuance. A garage operator may renew his or her unexpired registration by submitting to the Department:

      (a) An application for renewal on a form provided by the Department; and

      (b) Except as otherwise provided in NRS 487.560, the fee for renewal set forth in that section.

      3.  A garage operator seeking to renew a certificate of registration more than 1 year after the date of issuance may reinstate his or her registration by submitting to the Department:

      (a) An application for renewal on a form provided by the Department;

      (b) Except as otherwise provided in NRS 487.560, the fee for renewal set forth in that section; and

      (c) A late fee of $25. Any fee collected by the Department pursuant to this paragraph must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

      Sec. 12. NRS 487.630 is hereby amended to read as follows:

      487.630  1.  An application for a license to operate a body shop must be filed with the Department upon forms supplied by the Department. The forms must designate the persons whose names are required to appear thereon.The application must include the social security number of the applicant and must be accompanied by [such] :

      (a) Such proof as the Department requires to demonstrate that the applicant meets the statutory requirements to operate a body shop.

      (b) A fee for the processing of fingerprints. The Department shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

      (c) For initial licensure, a complete set of fingerprints and written permission authorizing the Department to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (d) The fee for issuance of a license required by subsection 2.

      2.  The Department shall charge a fee of $300 for the issuance or renewal of a license to operate a body shop. [Fees collected by the Department pursuant to this subsection must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.]

      3.  Upon receipt of the application and the statement required pursuant to NRS 487.003 and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a license to operate a body shop. The license must contain the name and the address of the body shop and the name of the operator.

 


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      4.  Upon receipt of the license, the operator shall post the license in a conspicuous place clearly visible to the general public in the body shop and include the license number on all estimates and invoices for repairs.

      5.  A license expires on April 30 of each year.

      6.  [A] Except as otherwise provided in subsection 7, a licensee may renew his or her license by submitting to the Department:

      (a) A completed application for renewal upon a form supplied by the Department;

      (b) The statement required pursuant to NRS 487.003;

      (c) Evidence satisfactory to the Department that the licensee has completed and electronically submitted, within 60 days immediately preceding the date of the submission of the application for renewal, the survey required pursuant to NRS 487.685; and

      (d) The fee for renewal of a license provided in subsection 2.

      7.  A license that expires for failure to renew before April 30 may be reinstated upon submission to the Department of:

      (a) The application, statement and evidence specified in paragraphs (a), (b) and (c) of subsection 6;

      (b) The fee for renewal of a license provided in subsection 2; and

      (c) A late fee of $25.

      8.  Fees collected by the Department pursuant to this section must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

      Sec. 13. NRS 490.210 is hereby amended to read as follows:

      490.210  1.  An application for a license for an off-highway vehicle dealer, long-term or short-term lessor or manufacturer must be filed upon forms supplied by the Department and include the social security number of the applicant. The forms must designate the persons whose names are required to appear thereon. The applicant must furnish:

      (a)Such proof as the Department may deem necessary that the applicant is an off-highway vehicle dealer, long-term or short-term lessor or manufacturer.

      (b) A fee of $125.

      (c) Unless the applicant has previously met the requirements of subsection 3 of NRS 482.3163, paragraphs (c) and (d) of subsection 1 of NRS 482.325, [paragraph] paragraphs (d) and (e) of subsection 1 of NRS 482.333 or [paragraph] paragraphs (e) and (f) of subsection 1 of NRS 482.362:

             (1) A fee for the processing of fingerprints. The Department shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

             (2) For initial licensure, a complete set of the applicant’s fingerprints and written permission authorizing the Department to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (d) If the applicant is a natural person, the statement required pursuant to NRS 490.330.

      (e) A certificate of insurance for liability.

      2.  Upon receipt of the application and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a license for an off-highway vehicle dealer, long-term or short-term lessor or manufacturer containing the name of the licensee and the address of his or her established place of business or the address of the main office of a manufacturer without an established place of business in this State.

 


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place of business or the address of the main office of a manufacturer without an established place of business in this State.

      3.  Licenses issued pursuant to this section expire on December 31 of each year. Before December 31 of each year, a licensee must furnish the Department with an application for renewal of his or her license accompanied by an annual fee of $50. If the applicant is a natural person, the application for renewal also must be accompanied by the statement required pursuant to NRS 490.330. The additional fee for the processing of fingerprints, established by regulation pursuant to paragraph (c) of subsection 1, must be submitted for each applicant whose name does not appear on the original application for the license. The renewal application must be provided by the Department and contain information required by the Department.

      Sec. 14.  NRS 482.4247 is hereby repealed.

      Sec. 15.  This act becomes effective on January 1, 2018.

________

CHAPTER 178, AB 261

Assembly Bill No. 261–Committee on Transportation

 

CHAPTER 178

 

[Approved: May 26, 2017]

 

AN ACT relating to motorcycles; requiring the holder of an instruction permit to operate a motorcycle who is of a certain age and who applies for a driver’s license to operate a motorcycle to comply with certain requirements for the issuance of the license; setting forth the requirements for the issuance and renewal of an instruction permit to operate a motorcycle; setting forth the requirements for a holder of an instruction permit to operate a motorcycle to apply for a motorcycle driver’s license; requiring a person who has been issued a driver’s license without an endorsement to drive a motorcycle to pass a certain test or course of instruction under certain circumstances before driving a motorcycle; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the Department of Motor Vehicles to issue an instruction permit to a person who is at least 15 1/2 years of age if the person successfully passes a vision test and a written examination. Such a permit entitles the person to drive a motor vehicle for a period of 1 year when accompanied by a licensed driver who is at least 21 years of age, has at least 1 year of licensed driving experience and is seated next to the driver, except when the driver is on a motorcycle. (NRS 483.280) Section 3 of this bill authorizes the Department to issue an instruction permit to a person who is between 15 1/2 years of age and 18 years of age which entitles the person to operate a motorcycle. Such a person must first pass a vision test and a written examination. The permit is valid for 1 year, and may be renewed, but expires when the person reaches the age of 18 years. Section 3 further authorizes the Department to issue an instruction permit to a person who is 18 years of age or older, upon successful completion of the vision test and written examination, which entitles the person to operate a motorcycle, but such a permit expires after 6 months, and may be renewed not more than once. The person may not reapply for another such permit for 5 years.

 


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5 years. A person who holds either of these permits may not: (1) operate a motorcycle between sunset and sunrise; (2) carry passengers; and (3) operate the motorcycle on a controlled-access highway. Finally, section 3 prohibits the issuance of a permit to operate a motorcycle to a person who has failed the driving test given by the Department two or more times.

      Under existing law, a person between the ages of 16 and 18 years who applies for a driver’s license must meet certain requirements, including: (1) completion of a certain type of driver’s education or a driving course; (2) at least 50 hours of supervised driving experience; and (3) having held an instructional permit for not less than 6 months before applying for the driver’s license. (NRS 483.2521) Section 2 of this bill requires a person between the ages of 16 and 18 years who applies for a driver’s license with a motorcycle endorsement to meet all of the same requirements except the 50 hours of driving experience are not required to be supervised.

      Existing law requires a person applying for a motorcycle driver’s license to successfully complete: (1) such written examination and driving test as may be required by the Department; or (2) a course of motorcycle safety approved by the Department. (NRS 486.071) Pursuant to section 5 of this bill, a person who has held an instruction permit authorizing him or her to operate a motorcycle for at least 6 months is not required to take the written examination, provided the permit has not been expired for more than 30 days before the person applies for the license or endorsement. Section 5 further requires that an applicant for a motorcycle driver’s license who is between the ages of 16 and 18 years must meet all the same requirements for a person of that age applying for a driver’s license with a motorcycle endorsement as noted in section 2, and must successfully complete such written examinations and driving tests as may be required by the Department.

      Sections 1, 4 and 6-10 of this bill make conforming changes.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 483.250 is hereby amended to read as follows:

      483.250  The Department shall not issue any license pursuant to the provisions of NRS 483.010 to 483.630, inclusive:

      1.  To any person who is under the age of 18 years, except that the Department may issue:

      (a) A restricted license to a person between the ages of 14 and 18 years pursuant to the provisions of NRS 483.267 and 483.270.

      (b) An instruction permit to a person who is at least 15 1/2 years of age pursuant to the provisions of subsection 1 or 4 of NRS 483.280.

      (c) A restricted instruction permit to a person under the age of 18 years pursuant to the provisions of subsection 3 of NRS 483.280.

      (d) A driver’s license to a person who is 16 or 17 years of age pursuant to NRS 483.2521.

      2.  To any person whose license has been revoked until the expiration of the period during which the person is not eligible for a license.

      3.  To any person whose license has been suspended, but upon good cause shown to the Administrator, the Department may issue a restricted license to the person or shorten any period of suspension.

      4.  To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to legal capacity.

 


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      5.  To any person who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless the person has successfully passed the examination.

      6.  To any person when the Administrator has good cause to believe that by reason of physical or mental disability that person would not be able to operate a motor vehicle safely.

      7.  To any person who is not a resident of this State.

      8.  To any child who is the subject of a court order issued pursuant to title 5 of NRS or administrative sanctions imposed pursuant to NRS 392.148 which delay the child’s privilege to drive.

      9.  To any person who is the subject of a court order issued pursuant to NRS 206.330 which delays the person’s privilege to drive until the expiration of the period of delay.

      10.  To any person who is not eligible for the issuance of a license pursuant to NRS 483.283.

      Sec. 2. NRS 483.2521 is hereby amended to read as follows:

      483.2521  1.  [The] Except as otherwise provided in subsection 3, the Department may issue a driver’s license to a person who is 16 or 17 years of age if the person:

      (a) Except as otherwise provided in subsection 2, has completed:

             (1) A course in automobile driver education pursuant to NRS 389.090; or

             (2) A course provided by a school for training drivers which is licensed pursuant to NRS 483.700 to 483.780, inclusive, and which complies with the applicable regulations governing the establishment, conduct and scope of automobile driver education adopted by the State Board of Education pursuant to NRS 389.090;

      (b) Has at least 50 hours of supervised experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280, including, without limitation, at least 10 hours of experience in driving a motor vehicle during darkness;

      (c) Submits to the Department, on a form provided by the Department, a log which contains the dates and times of the hours of supervised experience required pursuant to this section and which is signed:

             (1) By his or her parent or legal guardian; or

             (2) If the person applying for the driver’s license is an emancipated minor, by a licensed driver who is at least 21 years of age or by a licensed driving instructor,

Ê who attests that the person applying for the driver’s license has completed the training and experience required pursuant to paragraphs (a) and (b);

      (d) Submits to the Department:

             (1) A written statement signed by the principal of the public school in which the person is enrolled or by a designee of the principal and which is provided to the person pursuant to NRS 392.123;

             (2) A written statement signed by the parent or legal guardian of the person which states that the person is excused from compulsory attendance pursuant to NRS 392.070;

             (3) A copy of the person’s high school diploma or certificate of attendance; or

             (4) A copy of the person’s certificate of general educational development or an equivalent document;

 


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      (e) Has not been found to be responsible for a motor vehicle crash during the 6 months before applying for the driver’s license;

      (f) Has not been convicted of a moving traffic violation or a crime involving alcohol or a controlled substance during the 6 months before applying for the driver’s license; and

      (g) Has held an instruction permit for not less than 6 months before applying for the driver’s license.

      2.  If a course described in paragraph (a) of subsection 1 is not offered within a 30-mile radius of a person’s residence, the person may, in lieu of completing such a course as required by that paragraph, complete an additional 50 hours of supervised experience in driving a motor vehicle in accordance with paragraph (b) of subsection 1.

      3.  A person who is 16 or 17 years of age, who has held an instruction permit issued pursuant to subsection 4 of NRS 483.280 authorizing the holder of the permit to operate a motorcycle and who applies for a driver’s license pursuant to this section that authorizes him or her to operate a motorcycle must comply with the provisions of paragraphs (d) to (g), inclusive, of subsection 1 and must:

      (a) Except as otherwise provided in subsection 4, complete a course of motorcycle safety approved by the Department;

      (b) Have at least 50 hours of experience in driving a motorcycle with an instruction permit issued pursuant to subsection 4 of NRS 483.280; and

      (c) Submit to the Department, on a form provided by the Department, a log which contains the dates and times of the hours of experience required pursuant to paragraph (b) and which is signed by his or her parent or legal guardian who attests that the person applying for the motorcycle driver’s license has completed the training and experience required pursuant to paragraphs (a) and (b).

      4.  If a course described in paragraph (a) of subsection 3 is not offered within a 30-mile radius of a person’s residence, the person may, in lieu of completing the course, complete an additional 50 hours of experience in driving a motorcycle in accordance with paragraph (b) of subsection 3.

      Sec. 3. NRS 483.280 is hereby amended to read as follows:

      483.280  1.  Any person who is at least 15 1/2 years of age may apply to the Department for an instruction permit. [The] Except as otherwise provided in subsection 4 and 5, the Department may, in its discretion, after the applicant has successfully passed all parts of the examination administered pursuant to NRS 483.330, other than the driving test, issue to the applicant an instruction permit entitling the applicant, while having the permit in his or her immediate possession, to drive a motor vehicle , other than a motorcycle, upon the highways for a period of 1 year when accompanied by a licensed driver who is at least 21 years of age, who has had at least 1 year of licensed driving experience in the type of vehicle for which the permit was issued and who is actually occupying a seat beside the driver . [, except when the permittee is occupying a motorcycle.] The term “licensed driving experience” as used in this subsection does not include driving experience gained under an instruction permit issued pursuant to the provisions of this section.

      2.  The Department may, in its discretion, issue a temporary driver’s permit to an applicant for a driver’s license permitting the applicant to drive a motor vehicle while the Department is completing its investigation and determination of all facts relative to the applicant’s right to receive a driver’s license.

 


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license. The permit must be in the applicant’s immediate possession while driving a motor vehicle, and is invalid when the applicant’s license has been issued or for good cause has been refused.

      3.  The Department, upon receiving proper application, may, in its discretion, issue a restricted instruction permit for the operation of a motor vehicle, other than a motorcycle, effective for a school year, or for a more restricted period, to an applicant who is enrolled in a drivers’ education program which includes practice driving and which is approved by the Department even though the applicant has not reached the legal age to be eligible for a driver’s license. The instruction permit entitles the permittee, when the permittee has the permit in his or her immediate possession, to drive a motor vehicle only on a designated highway or within a designated area, but only when an approved instructor is occupying a seat beside the permittee.

      4.  Any person who is at least 15 1/2 years of age and less than 18 years of age may apply to the Department for an instruction permit authorizing the holder to operate a motorcycle. Except as otherwise provided in subsection 8, the Department may, in its discretion, after the applicant has successfully passed all parts of the examination administered pursuant to NRS 483.330, other than the driving test, issue to the applicant an instruction permit entitling the applicant, while having the permit in his or her immediate possession, to drive a motorcycle upon the highways for a period of 1 year. Except as otherwise provided in subsection 8, a permit issued pursuant to this subsection may be renewed, but expires when the holder of the permit attains the age of 18 years.

      5.  A person who is 18 years of age or more may, not more than once every 5 years, apply to the Department for an instruction permit authorizing the holder to operate a motorcycle. Except as otherwise provided in subsection 8, the Department may, in its discretion, after the applicant has successfully passed all parts of the examination administered pursuant to NRS 483.330, other than the driving test, issue to the applicant an instruction permit entitling the applicant, while having the permit in his or her immediate possession, to drive a motorcycle upon the highways for a period of 6 months.

      6.  A holder of an instruction permit issued pursuant to subsection 4 or 5, is entitled, while having the permit in his or her immediate possession, to drive a motorcycle only during the hours between sunrise and sunset, and may not:

      (a) Carry any passengers; or

      (b) Operate the motorcycle on a controlled-access highway.

      7.  Except as otherwise provided in subsection 8, an instruction permit issued pursuant to subsection 5 may be renewed not more than once. The holder of such a permit who allows the permit to expire before applying to the Department for renewal of the permit, if he or she does not hold a driver’s license from this State, must successfully pass all parts of the examination administered pursuant to NRS 483.330, other than the driving test, to renew the instruction permit.

      8.  A person who has failed the motorcycle driving test required by the Department pursuant to NRS 483.330 two or more times may not be issued an instruction permit pursuant to subsection 4 or 5.

 


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      Sec. 4. NRS 486.061 is hereby amended to read as follows:

      486.061  Except for a nonresident who is at least 16 years of age and is authorized by the person’s state of residency to drive a motorcycle, a person shall not drive:

      1.  A motorcycle, except a trimobile, upon a highway unless that person holds a valid motorcycle driver’s license issued pursuant to NRS 486.011 to 486.381, inclusive, [or] a driver’s license issued pursuant to chapter 483 of NRS endorsed to authorize the holder to drive a motorcycle [.] or a permit issued pursuant to subsection 4 or 5 of NRS 483.280.

      2.  A trimobile upon a highway unless that person holds a valid motorcycle driver’s license issued pursuant to NRS 486.011 to 486.381, inclusive, or a driver’s license issued pursuant to chapter 483 of NRS.

      Sec. 5. NRS 486.071 is hereby amended to read as follows:

      486.071  1.  Except as otherwise provided in subsection 3 and NRS 486.161, the Department shall not issue a motorcycle driver’s license unless the applicant:

      [1.](a) Is at least [16] 18 years of age; and

      [2.](b) Has successfully completed:

      [(a) Such]

             (1) Except as otherwise provided in subsection 2, such written [examination] examinations and driving [test] tests as may be required by the Department; or

      [(b)](2) A course of motorcycle safety approved by the Department.

      2.  A holder of an instruction permit issued pursuant to subsection 4 or 5 of NRS 483.280 who applies to the Department for a motorcycle driver’s license pursuant to subsection 1 is not required to successfully complete the written examinations required pursuant to subparagraph (1) of paragraph (b) of subsection 1 if the holder of the permit:

      (a) Is at least 18 years of age;

      (b) Has held the instruction permit for not less than 6 months; and

      (c) The instruction permit expired not more than 30 days before the date of application for a motorcycle driver’s license.

      3.  The Department shall not issue a motorcycle driver’s license to an applicant who is at least 16 years of age but is less than 18 years of age unless the applicant:

      (a) Meets the requirements of subsection 3 of NRS 483.2521; and

      (b) Has successfully completed such written examinations and driving tests as may be required by the Department.

      4.  Except as otherwise provided in subsection 3 of NRS 483.2521, any person who has been issued a driver’s license pursuant to chapter 483 of NRS without having the authority to drive a motorcycle endorsed thereon must, before driving a motorcycle, successfully pass:

      (a) A driving test conducted by the Department; or

      (b) A course of motorcycle safety approved by the Department,

Ê and have the authority endorsed upon the license.

      Sec. 6. NRS 486.111 is hereby amended to read as follows:

      486.111  Any person who has signed the application of a minor for [an instruction permit or] a motorcycle driver’s license may thereafter file with the Department a verified written request that the [permit or] license of the minor so granted be cancelled. Thereupon, the Department shall cancel the [permit or] license of the minor, and the person who signed the application of the minor is relieved from the liability imposed pursuant to NRS 486.011 to 486.381, inclusive, by reason of having signed such application on account of any subsequent negligence or willful misconduct of such minor in driving a motorcycle.

 


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to 486.381, inclusive, by reason of having signed such application on account of any subsequent negligence or willful misconduct of such minor in driving a motorcycle.

      Sec. 7. NRS 486.121 is hereby amended to read as follows:

      486.121  The Department, upon receipt of satisfactory evidence of the death of the persons who signed the application of a minor for a motorcycle driver’s license, shall cancel the license and shall not issue a new license until a new application, signed and verified, is made as required by NRS 486.011 to 486.381, inclusive. This provision does not apply if the minor has attained the age of 18 years.

      Sec. 8. NRS 486.131 is hereby amended to read as follows:

      486.131  1.  The Department may require every applicant for a motorcycle driver’s license to submit to an examination conducted by the Department or successfully complete a course of motorcycle safety approved by the Department.

      2.  An examination may be held in the county where the applicant resides within 30 days after the date application is made and may include:

      (a) [A] Except as otherwise provided in NRS 486.071, a test of the applicant’s ability to understand official devices used to control traffic;

      (b) [A] Except as otherwise provided in NRS 486.071, a test of the applicant’s knowledge of practices for safe driving and the traffic laws of this State;

      (c) Except as otherwise provided in a regulation adopted pursuant to subsection 2 of NRS 483.330, a test of the applicant’s eyesight; and

      (d) An actual demonstration of the applicant’s ability to exercise ordinary and reasonable control in the operation of a motorcycle.

Ê The examination may also include such further physical and mental examination as the Department finds necessary to determine the applicant’s fitness to drive a motorcycle safely upon the highways.

      Sec. 9. NRS 486.141 is hereby amended to read as follows:

      486.141  Every application for an instruction permit under the provisions of subsection 4 or 5 of NRS 483.280 or a motorcycle driver’s license under the provisions of NRS 486.011 to 486.381, inclusive, must be made upon a form furnished by the Department. There must be no charge for the making and filing of the application.

      Sec. 10. NRS 486.161 is hereby amended to read as follows:

      486.161  1.  [Except as otherwise provided in subsection 5, every] Every motorcycle driver’s license expires as prescribed by regulation.

      2.  The Department shall adopt regulations prescribing when a motorcycle driver’s license expires.

      3.  Every license is renewable at any time before its expiration upon application, submission of the statement required pursuant to NRS 486.084 and payment of the required fee. Every motorcycle endorsement to a driver’s license issued on or after January 1, 1972, expires simultaneously with the expiration of the driver’s license.

      4.  Except as otherwise provided in subsection 1 of NRS 483.384, each applicant for renewal must appear before an examiner for a driver’s license and successfully pass a test of the applicant’s eyesight.

      [5.  Any person who has been issued a driver’s license without having the authority to drive a motorcycle endorsed thereon must, before driving a motorcycle, successfully pass:

 


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      (a) A driving test conducted by the Department; or

      (b) A course of motorcycle safety approved by the Department,

Ê and have the authority endorsed upon the license.]

      Sec. 11.  The amendatory provisions of this act do not apply to an instruction permit authorizing the operation of a motorcycle, a driver’s license with an endorsement authorizing the holder of the driver’s license to drive a motorcycle or a motorcycle driver’s license issued by the Department of Motor Vehicles before January 1, 2018.

      Sec. 12.  This act becomes effective:

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

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

________

CHAPTER 179, SB 64

Senate Bill No. 64–Committee on Revenue and Economic Development

 

CHAPTER 179

 

[Approved: May 26, 2017]

 

AN ACT relating to taxation; revising provisions relating to the distribution of the proceeds of taxes on aviation fuel and fuel for jet or turbine-powered aircraft; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Federal law requires all revenue from the taxation of fuel for jet or turbine-powered aircraft and aviation fuel to be used for certain aviation purposes. (49 U.S.C. §§ 47101, 47133; 79 Fed. Reg. 66282 (Nov. 7, 2014)) Existing law requires the proceeds from taxes on fuel for jet or turbine-powered aircraft and aviation fuel to be allocated to the governmental entity that manages the airport at which the tax was collected or, if the airport is privately owned, to the county in which the airport is located. Existing law also specifies the purposes for which these revenues may be spent. (NRS 365.545, 365.565) This bill transfers the allocation of the proceeds of the taxes on fuel for jet or turbine-powered aircraft and aviation fuel which are collected at privately owned airports from the local county government to the airport itself.

 

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 365.545 is hereby amended to read as follows:

      365.545  1.  The proceeds of all taxes on fuel for jet or turbine-powered aircraft imposed pursuant to the provisions of NRS 365.170 or 365.203 must be deposited in the Account for Taxes on Fuel for Jet or Turbine-Powered Aircraft in the State General Fund and must be allocated monthly by the Department to the:

      (a) Governmental entity which operates the airport at which the tax was collected, if the airport is operated by a governmental entity;

 


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      (b) Governmental entity which owns the airport at which the tax was collected, if the airport is owned but not operated by a governmental entity; or

      (c) [County in which is located the airport] Airport at which the tax was collected, if the airport is neither owned nor operated by a governmental entity.

      2.  Except as otherwise provided in subsection 3, the money allocated pursuant to subsection 1:

      (a) Must be used by the governmental entity or airport receiving it to pay the cost of:

             (1) Transportation projects related to airports, including access on the ground to airports;

             (2) The payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in subparagraph (1);

             (3) Promoting the use of an airport located in a county whose population is less than 700,000, including, without limitation, increasing the number and availability of flights at the airport;

             (4) Contributing money to the Trust Fund for Aviation created by NRS 494.048; or

             (5) Any combination of those purposes; and

      (b) May also be pledged for the payment of general or special obligations issued to fund projects described in paragraph (a). Any money pledged pursuant to this paragraph may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.

      3.  Any money allocated pursuant to subsection 1 to a county whose population is 700,000 or more and in which a regional transportation commission has been created pursuant to chapter 277A of NRS, from the proceeds of the tax imposed pursuant to paragraph (a) of subsection 2 of NRS 365.170 on fuel for jet or turbine-powered aircraft sold, distributed or used in that county, excluding the proceeds of any tax imposed pursuant to NRS 365.203, may, in addition to the uses authorized pursuant to subsection 2, be allocated by the county to that regional transportation commission. The money allocated pursuant to this subsection to a regional transportation commission:

      (a) Must be used by the regional transportation commission:

             (1) To pay the cost of transportation projects described in a regional plan for transportation established by that regional transportation commission pursuant to NRS 277A.210;

             (2) For the payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in subparagraph (1); or

             (3) For any combination of those purposes; and

      (b) May also be pledged for the payment of general or special obligations issued by the county at the request of the regional transportation commission to fund projects described in paragraph (a). Any money pledged pursuant to this paragraph may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.

      Sec. 2. NRS 365.565 is hereby amended to read as follows:

      365.565  1.  The tax derived from aviation fuel must be distributed quarterly from the Account for Taxes on Aviation Fuel in the following manner:

 


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ê2017 Statutes of Nevada, Page 970 (Chapter 179, SB 64)ê

 

      (a) The amount of any optional tax must be remitted to the:

             (1) Governmental entity which operates the airport at which the optional tax was collected, if the airport is operated by a governmental entity;

             (2) Governmental entity which owns the airport at which the optional tax was collected, if the airport is owned but not operated by a governmental entity; or

             (3) [County in which is located the airport] Airport at which the optional tax was collected, if the airport is neither owned nor operated by a governmental entity.

      (b) After deducting the amount allocated pursuant to paragraph (a), there must be transferred to the Civil Air Patrol Account, which is hereby created, for the ensuing fiscal year, the total amount remaining in the Account for Taxes on Aviation Fuel.

      2.  Any money received by a governmental entity or airport pursuant to subsection 1, except for the money transferred to the Civil Air Patrol Account, must be used by that governmental entity or airport in the same manner as money allocated to a governmental entity or airport pursuant to NRS 365.545.

      3.  The amount transferred to the Civil Air Patrol Account pursuant to this section must be expended for the support of the Nevada Wing of the Civil Air Patrol and is in addition to and separate from any legislative appropriations made to the Civil Air Patrol Account for the support of that Wing.

      4.  Money in the Civil Air Patrol Account may be paid out only upon claims certified by the Wing Commander and the Wing Finance Officer and approved by the State Board of Examiners, in the same manner as other claims against the State are paid.

      5.  Money in the Civil Air Patrol Account may be used only by the Wing to:

      (a) Carry out its search, rescue and emergency operations, homeland defense and narcotics interdiction missions;

      (b) Maintain a headquarters; and

      (c) Purchase, maintain and repair emergency and training equipment.

      6.  No money in the Civil Air Patrol Account may be expended for:

      (a) The purchase of any aircraft;

      (b) Travel expenses; or

      (c) Training expenses.

      7.  Any person who makes a claim against the Civil Air Patrol Account shall reimburse the Account if payment for the claim is also received from another source.

      8.  As used in this section, “optional tax” means a tax on aviation fuel imposed pursuant to NRS 365.203.

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

________

 


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ê2017 Statutes of Nevada, Page 971ê

 

CHAPTER 180, SB 31

Senate Bill No. 31–Committee on Transportation

 

CHAPTER 180

 

[Approved: May 26, 2017]

 

AN ACT relating to motor vehicles; revising the requirements for registering certain commercial motor vehicles; revising procedures for registration, renewal of registration and revocation of registration by the Department of Motor Vehicles relating to certain commercial motor vehicles and motor carriers who are subject to certain out-of-service orders; authorizing a peace officer to impound or seize the license plates from certain commercial motor vehicles operated by a motor carrier who is subject to certain out-of-service orders; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, most motor vehicles, trailers and semitrailers intended to be operated upon any highway in this State must be registered with the Department of Motor Vehicles. (NRS 482.205) Section 5 of this bill requires a motor carrier operating in intrastate commerce and registering a commercial motor vehicle, other than a farm vehicle, that weighs in excess of 26,000 pounds to: (1) obtain an identification number from the United States Department of Transportation, known as a “USDOT number”; (2) display the USDOT number on each commercial vehicle weighing in excess of 26,000 pounds that is operated by the motor carrier in intrastate commerce; and (3) notify the Department of Motor Vehicles of the name of the motor carrier who is responsible for the safety of each such vehicle. Sections 8, 10 and 11 of this bill authorize the Department to refuse to register, refuse to renew the registration of or revoke the registration of any such commercial motor vehicle if the motor carrier does not comply with the requirements of section 5 or if the motor carrier responsible for the safety of the commercial motor vehicle is subject to an out-of-service order, as that term is defined in certain regulations of the Federal Motor Carrier Safety Administration of the United States Department of Transportation. (49 C.F.R. Parts 385 and 386) The Department of Motor Vehicles may, pursuant to sections 8, 10 and 11, refuse to register, refuse to renew the registration of or revoke the registration of all such commercial motor vehicles being operated by the motor carrier in intrastate commerce. Section 5 also requires a motor carrier operating a motor vehicle registered in this State to transport hazardous material to: (1) obtain a USDOT number from the United States Department of Transportation; (2) display the USDOT number on each commercial motor vehicle that is operated by the motor carrier in intrastate commerce; and (3) notify the Department of Motor Vehicles of the name of the motor carrier who is responsible for the safety of each such vehicle. Existing law makes it a misdemeanor to violate the requirements of section 5. (NRS 482.555) Section 6 of this bill requires the Department of Transportation to adopt regulations setting forth each provision of certain federal regulations which, when a violation of those regulations is the basis for a temporary prohibition, qualifies the temporary prohibition as an out-of-service order. Section 7 of this bill requires any application for registration or renewal of registration of any commercial motor vehicle that is required to obtain a USDOT number from the United States Department of Transportation to be submitted to the Motor Carrier Division of the Department of Motor Vehicles.

      Existing law authorizes the Department of Motor Vehicles to enter into an agreement with a motor carrier or a service provider which authorizes the motor carrier or service provider to register, transfer or renew the registration of certain motor vehicles owned or operated by the motor carrier and to issue registration credentials on behalf of the Motor Carrier Division of the Department.

 


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ê2017 Statutes of Nevada, Page 972 (Chapter 180, SB 31)ê

 

credentials on behalf of the Motor Carrier Division of the Department. (NRS 482.217, 706.188) Sections 10 and 19 of this bill authorize the Department to revoke the registration of a commercial motor vehicle weighing over 26,000 pounds, operating in intrastate commerce and registered by a motor carrier or service provider if the Department determines that the motor carrier responsible for the safety of the commercial motor vehicle is subject to an out-of-service order. The Department may also, pursuant to sections 10 and 19: (1) revoke the registration of all the commercial motor vehicles weighing over 26,000 pounds, operating in intrastate commerce and registered by a motor carrier who is subject to an out-of-service order; and (2) revoke the motor carrier or service provider’s authority to register motor vehicles. Section 10 also provides that a motor carrier who has entered into an agreement with the Department which allows the motor carrier to register and transfer or renew the registration of any vehicle of the motor carrier is only obligated to provide a bond if required by the Department.

      Existing law requires, for every motortruck, truck-tractor or bus, the payment of an additional fee for registration that is based on the weight of the vehicle. Such a vehicle which weighs not less than 26,001 pounds and not more than 80,000 pounds must pay a fee of $17 for each 1,000 pounds, with a maximum fee of $1,360. (NRS 482.482) Section 13.5 of this bill increases the weight limit for such a vehicle, to the extent authorized by federal law, from a minimum of not less than 80,001 pounds to a maximum of not more than 83,000 pounds, but does not increase the maximum fee of $1,360.

      Existing law provides that under the Interstate Highway User Fee Apportionment Act the Department of Motor Vehicles may enter into agreements with certain departments or agencies of other states or countries to provide for certain exemptions and the proration of certain fees and taxes for certain commercial motor vehicles used in interstate commerce. (NRS 706.801, 706.826) Section 23 of this bill requires an operator applying to register a commercial motor vehicle to operate in this State under such an apportionment agreement to provide the Department of Motor Vehicles with the operator’s USDOT number issued by the United States Department of Transportation and to identify the motor carrier responsible for the safety of each commercial motor vehicle registered. Section 18 of this bill authorizes the Department of Motor Vehicles to refuse to register or refuse to renew the registration of any such commercial motor vehicle that weighs more than 10,000 pounds if the operator does not comply with the requirements to provide a USDOT number or to identify a motor carrier responsible for the safety of the commercial motor vehicle, or if the motor carrier responsible for the safety of the commercial motor vehicle is subject to an out-of-service order. Section 18 authorizes the Department to revoke the registration and plates, licenses, emblems, certificates or other devices of any such commercial motor vehicle registered to the motor carrier responsible for the safety of the commercial motor vehicle that is subject to an out-of-service order.

      Section 14 of this bill authorizes a peace officer to seize the license plates from a commercial motor vehicle if the motor carrier responsible for the safety of the commercial motor vehicle is subject to an out-of-service order and the commercial motor vehicle is: (1) registered or operating as an apportioned vehicle in interstate commerce and weighs in excess of 10,000 pounds; (2) registered in this State, operating in intrastate commerce and weighs in excess of 26,000 pounds; or (3) transporting hazardous material. If the motor carrier responsible for the safety of the commercial motor vehicle is not the registered owner of the vehicle, the peace officer may impound the commercial motor vehicle, and must notify the registered owner of the impoundment. Upon seizing any license plates based on an out-of-service order, section 14 requires the peace officer to send the license plates to the Department of Motor Vehicles, which must follow existing procedures to revoke the registration of the commercial motor vehicle. (NRS 482.465)

 


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ê2017 Statutes of Nevada, Page 973 (Chapter 180, SB 31)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 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2. “Combined gross vehicle weight” means the actual weight of a commercial motor vehicle, including any load the vehicle is carrying, combined with the actual weight of any trailer or load the vehicle is towing.

      Sec. 3. “Gross vehicle weight” means the actual weight of a commercial motor vehicle, including any load the vehicle is carrying.

      Sec. 4. “Out-of-service order” means a temporary prohibition on operation by a motor carrier that is issued:

      1.  By a federal or state entity with authority to issue such a temporary prohibition; and

      2.  Pursuant to a provision of 49 C.F.R. Part 385 or 386 that is specified in regulations adopted pursuant to section 6 of this act.

      Sec. 5. 1.  Except as otherwise provided in subsection 4, each motor carrier operating a commercial motor vehicle in intrastate commerce with a gross vehicle weight rating, a combined gross vehicle weight rating, a gross vehicle weight or a combined gross vehicle weight in excess of 26,000 pounds must:

      (a) Register with the Federal Motor Carrier Safety Administration of the United States Department of Transportation and obtain a USDOT number issued by the United States Department of Transportation;

      (b) Display the USDOT number as required pursuant to 49 C.F.R. § 390.21 on each commercial motor vehicle with a gross vehicle weight rating, a combined gross vehicle weight rating, a gross vehicle weight or a combined gross vehicle weight in excess of 26,000 pounds operated by the motor carrier in intrastate commerce; and

      (c) Notify the Department of Motor Vehicles at the time of registration or renewal of registration of each such commercial motor vehicle of:

             (1) The USDOT number of the motor carrier; and

             (2) The name of the motor carrier responsible for the safety of the commercial motor vehicle.

      2.  A motor carrier operating a commercial motor vehicle which is registered in this State and is being used to transport hazardous material must, in addition to the requirements of chapter 459 of NRS:

      (a) Register with the Federal Motor Carrier Safety Administration and obtain a USDOT number issued by the United States Department of Transportation;

      (b) Display the USDOT number as required pursuant to 49 C.F.R. § 390.21 on each commercial motor vehicle used to transport hazardous material; and

      (c) Notify the Department of Motor Vehicles at the time of registration and renewal of registration of each such commercial motor vehicle of:

             (1) The USDOT number of the motor carrier; and

             (2) The name of the motor carrier responsible for the safety of the commercial motor vehicle.

      3.  A motor carrier must notify the Department of Motor Vehicles within 10 days after a change in the name of the motor carrier responsible for the safety of a commercial motor vehicle reported to the Department pursuant to subparagraph (2) of paragraph (c) of subsection 1 or subparagraph (2) of paragraph (c) of subsection 2.

 


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ê2017 Statutes of Nevada, Page 974 (Chapter 180, SB 31)ê

 

for the safety of a commercial motor vehicle reported to the Department pursuant to subparagraph (2) of paragraph (c) of subsection 1 or subparagraph (2) of paragraph (c) of subsection 2.

      4.  The provisions of subsection 1 do not apply to a farm vehicle or a covered farm vehicle.

      5.  As used in this section:

      (a) “Covered farm vehicle” has the meaning ascribed to it in 49 C.F.R. § 390.5.

      (b) “Hazardous material” has the meaning ascribed to it in NRS 459.7024.

      Sec. 6. The Department shall adopt regulations which set forth each provision of 49 C.F.R. Parts 385 and 386 which, when a violation of the provision is the basis for a temporary prohibition against operation by a motor carrier, qualifies that temporary prohibition as an out-of-service order for the purposes of section 4 of this act.

      Sec. 7. An applicant for the registration or renewal of registration of any commercial motor vehicle who is required by any provision of NRS to register with the Federal Motor Carrier Administration and obtain a USDOT number from the United States Department of Transportation must submit the application to the Motor Carrier Division of the Department of Motor Vehicles.

      Sec. 8. 1.  The Department may refuse to renew the registration of a commercial motor vehicle operating in intrastate commerce which is registered pursuant to this chapter and which has a gross vehicle weight rating, a combined gross vehicle weight rating, a gross vehicle weight or a combined gross vehicle weight in excess of 26,000 pounds if:

      (a) The motor carrier applying for renewal has not complied with the requirements of section 5 of this act; or

      (b) The motor carrier responsible for the safety of the commercial motor vehicle is subject to an out-of-service order.

      2.  The Department shall mail a notice to the holder of a certificate of registration for a commercial motor vehicle if the Department refuses to renew the registration pursuant to subsection 1. The notice must be mailed as soon as practicable after the Department refuses to renew the registration and must include, without limitation:

      (a) The reason for the refusal to renew the registration;

      (b) The name of the federal or state entity which issued the out-of-service order, if applicable; and

      (c) The procedure by which the holder of the certificate of registration for the commercial motor vehicle may renew the registration by providing evidence satisfactory to the Department that, as applicable:

             (1) The motor carrier operating the commercial motor vehicle has complied with the requirements of section 5 of this act; or

             (2) The motor carrier responsible for the safety of the commercial motor vehicle is no longer subject to an out-of-service order.

      3.  A motor carrier applying for the renewal of the registration of a commercial motor vehicle who receives a notice pursuant to this section is not entitled to operate or permit operation of that commercial motor vehicle upon the highways as provided in subsection 5 of NRS 482.280 until the Department notifies the motor carrier that the registration of the commercial motor vehicle is renewed.

 


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ê2017 Statutes of Nevada, Page 975 (Chapter 180, SB 31)ê

 

      Sec. 9. NRS 482.010 is hereby amended to read as follows:

      482.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 482.0105 to 482.137, inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 9.5. NRS 482.206 is hereby amended to read as follows:

      482.206  1.  Except as otherwise provided in this section and NRS 482.2065, every motor vehicle, except for a motor vehicle that is registered pursuant to the provisions of NRS 706.801 to 706.861, inclusive, and section 18 of this act, and except for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 or a moped registered pursuant to NRS 482.2155, must be registered for a period of 12 consecutive months beginning the day after the first registration by the owner in this State.

      2.  Except as otherwise provided in subsections 7 and 8 and NRS 482.2065, every vehicle registered by an agent of the Department or a registered dealer must be registered for 12 consecutive months beginning the first day of the month after the first registration by the owner in this State.

      3.  Except as otherwise provided in subsection 7 and NRS 482.2065, a vehicle which must be registered through the Motor Carrier Division of the Department, or a motor vehicle which has a declared gross weight in excess of 26,000 pounds, must be registered for a period of 12 consecutive months beginning on the date established by the Department by regulation.

      4.  Upon the application of the owner of a fleet of vehicles, the Director may permit the owner to register the fleet on the basis of a calendar year.

      5.  Except as otherwise provided in subsections 3, 6, 7 and 8, when the registration of any vehicle is transferred pursuant to NRS 482.399, the expiration date of each regular license plate, special license plate or substitute decal must, at the time of the transfer of registration, be advanced for a period of 12 consecutive months beginning:

      (a) The first day of the month after the transfer, if the vehicle is transferred by an agent of the Department; or

      (b) The day after the transfer in all other cases,

Ê and a credit on the portion of the fee for registration and the governmental services tax attributable to the remainder of the current period of registration must be allowed pursuant to the applicable provisions of NRS 482.399.

      6.  When the registration of any trailer that is registered for a 3-year period pursuant to NRS 482.2065 is transferred pursuant to NRS 482.399, the expiration date of each license plate or substitute decal must, at the time of the transfer of the registration, be advanced, if applicable pursuant to NRS 482.2065, for a period of 3 consecutive years beginning:

      (a) The first day of the month after the transfer, if the trailer is transferred by an agent of the Department; or

      (b) The day after the transfer in all other cases,

Ê and a credit on the portion of the fee for registration and the governmental services tax attributable to the remainder of the current period of registration must be allowed pursuant to the applicable provisions of NRS 482.399.

      7.  A full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 is registered until the date on which the owner of the full trailer or semitrailer:

      (a) Transfers the ownership of the full trailer or semitrailer; or

      (b) Cancels the registration of the full trailer or semitrailer and surrenders the license plates to the Department.

 


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      8.  A moped that is registered pursuant to NRS 482.2155 is registered until the date on which the owner of the moped:

      (a) Transfers the ownership of the moped; or

      (b) Cancels the registration of the moped and surrenders the license plate to the Department.

      Sec. 10. NRS 482.217 is hereby amended to read as follows:

      482.217  1.  Upon the request of a motor carrier or a service provider, the Department may enter into an agreement with the motor carrier or service provider which authorizes the motor carrier or service provider:

      (a) Without applying to the Department, to register or transfer or renew the registration of any vehicle:

             (1) Owned solely by the motor carrier or service provider; or

             (2) Leased solely by the motor carrier or service provider, if the lease is a long-term lease; and

      (b) To issue registration credentials on behalf of the Motor Carrier Division of the Department for any vehicle registered pursuant to paragraph (a) and for any vehicle with a registration that has been renewed or transferred pursuant to paragraph (a).

      2.  Before registering or transferring or renewing the registration of any vehicle pursuant to subsection 1:

      (a) A motor carrier who enters into an agreement with the Department pursuant to this section shall , if required by the Department, file with the Department a bond of a surety company authorized to transact business in this State for the benefit of this State in an amount not less than $25,000; and

      (b) A service provider who enters into an agreement with the Department pursuant to this section shall file with the Department a bond of a surety company authorized to transact business in this State for the benefit of this State in an amount not less than $50,000.

      3.  If a motor carrier or service provider provides a savings certificate, certificate of deposit or investment certificate pursuant to NRS 100.065 in lieu of [the] a bond [required] filed pursuant to subsection 2, the certificate must state that the amount is not available for withdrawal except upon the approval of the Director.

      4.  If at any time a motor carrier or service provider is unable to account for an unissued license plate , [or decal,] the motor carrier or service provider must immediately pay to the Department an amount established by the Department.

      5.  If the Department determines that the motor carrier responsible for the safety of a commercial motor vehicle with a gross vehicle weight rating, a combined gross vehicle weight rating, a gross vehicle weight or a combined gross vehicle weight in excess of 26,000 pounds which is operating in intrastate commerce and which is registered pursuant to this section is subject to an out-of-service order, the Department may:

      (a) Revoke the registration of each commercial motor vehicle with a gross vehicle weight rating, a combined gross vehicle weight rating, a gross vehicle weight or a combined gross vehicle weight in excess of 26,000 pounds which is operating in intrastate commerce and which is registered to the motor carrier responsible for the safety of the commercial motor vehicles who is subject to the out-of-service order; and

      (b) Revoke or refuse to grant the authority to register or transfer or renew any registration granted pursuant to this section.

 


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      6.  The Department, in revoking a registration pursuant to paragraph (a) of subsection 5, shall comply with the requirements of subsections 4 and 5 of NRS 482.465.

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

      [6.]8.  As used in this section:

      (a) “Long-term lease” means a lease for a fixed period of more than [31] 30 days.

      (b) “Motor carrier” means a common, contract or private motor carrier registered through the Motor Carrier Division of the Department.

      (c) “Registration credentials” includes, without limitation, license plates, registration cab cards [, decals] and temporary authority permits.

      (d) “Service provider” means a business or organization authorized by the Department to register or transfer or renew the registration of vehicles on behalf of motor carriers.

      Sec. 11. NRS 482.230 is hereby amended to read as follows:

      482.230  The Department or a registered dealer shall not grant an application for the registration of a vehicle in any of the following events:

      1.  When the applicant therefor is not entitled thereto pursuant to the provisions of this chapter.

      2.  When the applicant has neglected or refused to furnish the Department or registered dealer with the information required in the appropriate official form or reasonable additional information required by the Department or registered dealer.

      3.  When the fees required therefor by law have not been paid.

      4.  When the applicant for the registration of a commercial motor vehicle with a gross vehicle weight rating, a combined gross vehicle weight rating, a gross vehicle weight or a combined gross vehicle weight in excess of 26,000 pounds and which is intended to operate in intrastate commerce is a motor carrier who:

      (a) Has not complied with section 5 of this act; or

      (b) Is subject to an out-of-service order.

      Sec. 12.  NRS 482.280 is hereby amended to read as follows:

      482.280  1.  Except as otherwise provided in NRS 482.2155, the registration of every vehicle expires at midnight on the day specified on the receipt of registration, unless the day specified falls on a Saturday, Sunday or legal holiday. If the day specified on the receipt of registration is a Saturday, Sunday or legal holiday, the registration of the vehicle expires at midnight on the next judicial day. The Department shall mail to each holder of a certificate of registration a notification for renewal of registration for the following period of registration. The notifications must be mailed by the Department in sufficient time to allow all applicants to mail the notifications to the Department or to renew the certificate of registration at a kiosk or authorized inspection station or via the Internet or an interactive response system and to receive new certificates of registration and license plates, stickers, tabs or other suitable devices by mail before the expiration of their registrations. An applicant may present or submit the notification to any agent or office of the Department.

      2.  A notification:

      (a) Mailed or presented to the Department or to a county assessor pursuant to the provisions of this section;

      (b) Submitted to the Department pursuant to NRS 482.294; or

 


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      (c) Presented to an authorized inspection station or authorized station pursuant to the provisions of NRS 482.281,

Ê must include, if required, evidence of compliance with standards for the control of emissions.

      3.  The Department shall include with each notification mailed pursuant to subsection 1:

      (a) The amount of the governmental services tax to be collected pursuant to the provisions of NRS 482.260.

      (b) The amount set forth in a notice of nonpayment filed with the Department by a local authority pursuant to NRS 484B.527.

      (c) A statement which informs the applicant:

             (1) That, pursuant to NRS 485.185, the applicant is legally required to maintain insurance during the period in which the motor vehicle is registered which must be provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State; and

             (2) Of any other applicable requirements set forth in chapter 485 of NRS and any regulations adopted pursuant thereto.

      (d) A statement which informs the applicant that, if the applicant renews a certificate of registration at a kiosk or via the Internet, he or she may make a nonrefundable monetary contribution of $2 for each vehicle registration renewed for the Complete Streets Program, if any, created pursuant to NRS 244.2643, 277A.285 or 403.575, as applicable, based on the declaration made pursuant to paragraph (c) of subsection 3 of NRS 482.215. The notification must state in a clear and conspicuous manner that a contribution for a Complete Streets Program is nonrefundable and voluntary and is in addition to any fees required for registration.

      (e) Any amount due for reissuance of a license plate or a plate reissued pursuant to subsection 2 of NRS 482.265, if applicable.

      4.  An application for renewal of a certificate of registration submitted at a kiosk or via the Internet must include a statement which informs the applicant that he or she may make a nonrefundable monetary contribution of $2, for each vehicle registration which is renewed at a kiosk or via the Internet, for the Complete Streets Program, if any, created pursuant to NRS 244.2643, 277A.285 or 403.575, as applicable, based on the declaration made pursuant to paragraph (c) of subsection 3 of NRS 482.215. The application must state in a clear and conspicuous manner that a contribution for a Complete Streets Program is nonrefundable and voluntary and is in addition to any fees required for registration, and must include a method by which the applicant must indicate his or her intention to opt in or opt out of making such a contribution.

      5.  [An] Except as otherwise provided in section 8 of this act, an owner who has made proper application for renewal of registration before the expiration of the current registration but who has not received the license plate or plates or card of registration for the ensuing period of registration is entitled to operate or permit the operation of that vehicle upon the highways upon displaying thereon the license plate or plates issued for the preceding period of registration for such a time as may be prescribed by the Department as it may find necessary for the issuance of the new plate or plates or card of registration.

 


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      Sec. 13. NRS 482.465 is hereby amended to read as follows:

      482.465  1.  The Department shall rescind and cancel the registration of a vehicle whenever the person to whom the certificate of registration or license plates therefor have been issued makes or permits to be made any unlawful use of the certificate or plates or permits the use thereof by a person not entitled thereto.

      2.  The Department shall cancel a certificate of title or certificate of registration and license plates which have been issued erroneously or improperly, or obtained illegally.

      3.  In addition to any other penalty set forth in this chapter and chapters 366 , 459, 484A, 484D and 706 of NRS, the Department may revoke a certificate of title or a certificate of registration and license plates for a vehicle with a declared gross weight in excess of 26,000 pounds if the Department determines that:

      (a) The licensee of the vehicle has violated one or more of the provisions of this chapter or chapter 366 , 459, 484A, 484D or 706 of NRS [;] and

      [(b) There] there is reasonable cause for the revocation [.] ; or

      (b) The motor carrier responsible for the safety of the vehicle is subject to an out-of-service order.

      4.  Before revoking a certificate of title or a certificate of registration and license plates pursuant to subsection 3, subsection 5 of NRS 482.217 or subsection 5 of NRS 706.188, the Department must send a written notice by certified mail to the licensee or motor carrier, as applicable, at his or her last known address ordering the licensee or motor carrier to appear before the Department at a time not less than 10 days after the mailing of the notice to show cause why the certificate of title or the certificate of registration and license plates should not be revoked pursuant to this section.

      5.  Upon rescission, revocation or cancellation of the certificate of title or of the certificate of registration and license plates, the affected certificate or certificate and plates must be returned to the Department upon receipt of notice of rescission, revocation or cancellation.

      Sec. 13.5. NRS 482.482 is hereby amended to read as follows:

      482.482  1.  In addition to any other applicable fee listed in NRS 482.480, there must be paid to the Department for the registration of every motortruck, truck-tractor or bus which has a declared gross weight of:

      (a) Less than 6,000 pounds, a fee of $33.

      (b) Not less than 6,000 pounds and not more than 8,499 pounds, a fee of $38.

      (c) Not less than 8,500 pounds and not more than 10,000 pounds, a fee of $48.

      (d) Not less than 10,001 pounds and not more than 26,000 pounds, a fee of $12 for each 1,000 pounds or fraction thereof.

      (e) Not less than 26,001 pounds and not more than 80,000 pounds, a fee of $17 for each 1,000 pounds or fraction thereof. The maximum fee is $1,360.

      (f) To the extent authorized by federal law, not less than 80,001 pounds and not more than 83,000 pounds, a fee of $17 for each 1,000 pounds or fraction thereof, except that the maximum fee is $1,360.

      2.  Except as otherwise provided in subsection 6, the original or renewal registration fees for fleets of vehicles with a declared gross weight in excess of 26,000 pounds and the governmental services tax imposed by the provisions of chapter 371 of NRS for the privilege of operating those vehicles may be paid in installments, the amount of which must be determined by regulation.

 


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vehicles may be paid in installments, the amount of which must be determined by regulation. The Department shall not allow installment payments for a vehicle added to a fleet after the original or renewal registration is issued.

      3.  If the due date of any installment falls on a Saturday, Sunday or legal holiday, that installment is not due until the next following business day.

      4.  Any payment required by subsection 2 shall be deemed received by the Department on the date shown by the post office cancellation mark stamped on an envelope containing payment properly addressed to the Department, if that date is earlier than the actual receipt of that payment.

      5.  A person who fails to pay any fee pursuant to subsection 2 or governmental services tax when due shall pay to the Department a penalty of 10 percent of the amount of the unpaid fee, plus interest on the unpaid fee at the rate of 1 percent per month or fraction of a month from the date the fee and tax were due until the date of payment.

      6.  If a person fails to pay any fee pursuant to subsection 2 or governmental services tax when due, the Department may, in addition to the penalty provided for in subsection 5, require that person to pay:

      (a) The entire amount of the unpaid registration fee and governmental services tax owed by that person for the remainder of the period of registration; and

      (b) On an annual basis, any registration fee and governmental services tax set forth in subsection 2 which may be incurred by that person in any subsequent period of registration.

      7.  A person who is convicted of, or who pleads guilty, guilty but mentally ill or nolo contendere to, a violation of NRS 484D.630 must reregister the vehicle with a declared gross weight equal to:

      (a) The gross vehicle weight rating; or

      (b) The combined gross vehicle weight rating, if the vehicle was operated in combination at the time of the violation.

Ê The registration fee owed pursuant to this subsection is incurred from the date the person was convicted of, or pled guilty, guilty but mentally ill or nolo contendere to, a violation of NRS 484D.630.

      Sec. 14. Chapter 484A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 4, a peace officer may seize the license plates from a commercial motor vehicle which is:

      (a) Registered or operating in this State pursuant to the provisions of NRS 706.801 to 706.861, inclusive, and section 18 of this act and has a gross vehicle weight rating, a combined gross vehicle weight rating, a gross vehicle weight or a combined gross vehicle weight in excess of 10,000 pounds;

      (b) Registered in this State pursuant to chapter 482 of NRS, operating in intrastate commerce and has a gross vehicle weight rating, a combined gross vehicle weight rating, a gross vehicle weight or a combined gross vehicle weight in excess of 26,000 pounds; or

      (c) Transporting hazardous material,

Ê if the peace officer determines that the motor carrier responsible for the safety of the commercial motor vehicle is subject to an out-of-service order.

      2.  Upon the seizure of any license plates pursuant to subsection 1, a peace officer shall immediately:

 


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      (a) Provide the motor carrier responsible for the safety of the commercial motor vehicle, if present, or the driver of the commercial motor vehicle if the motor carrier responsible for the safety of the commercial motor vehicle is not present, a notice which explains the procedures required pursuant to this section and NRS 482.465; and

      (b) Transmit the license plates to the Department.

      3.  The Department, upon the receipt of the license plates pursuant to subsection 2, shall proceed as provided in NRS 482.465.

      4.  A peace officer may impound a commercial motor vehicle which meets the requirements of paragraph (a), (b) or (c) of subsection 1 if the peace officer determines that:

      (a) The motor carrier responsible for the safety of the commercial motor vehicle is subject to an out-of-service order; and

      (b) The motor carrier responsible for the safety of the commercial motor vehicle is not the registered owner of the vehicle.

      5.  Upon the impounding of a commercial motor vehicle pursuant to subsection 4, the peace officer who impounded the vehicle or the law enforcement agency for which he or she is employed shall notify the registered owner of the commercial motor vehicle of the impoundment as soon as practicable.

      6.  As used in this section:

      (a) “Combined gross vehicle weight” has the meaning ascribed to it in section 2 of this act.

      (b) “Combined gross vehicle weight rating” has the meaning ascribed to it in NRS 482.0153.

      (c) “Gross vehicle weight” has the meaning ascribed to it in section 3 of this act.

      (d) “Gross vehicle weight rating” has the meaning ascribed to it in NRS 482.0445.

      (e) “Hazardous material” has the meaning ascribed to it in NRS 459.7024.

      (f) “Out-of-service order” has the meaning ascribed to it in section 4 of this act.

      Sec. 15. NRS 484D.570 is hereby amended to read as follows:

      484D.570  1.  Except as otherwise provided in subsection 2 and NRS 706.235 [:] and section 14 of this act:

      (a) A person shall not operate any vehicle after notice of an unsafe condition or that the vehicle is not equipped as required by this chapter, unless it is necessary to return the vehicle to the residence or place of business of the owner or driver or to a garage and operation of the vehicle is not further limited by NRS 706.246.

      (b) If any peace officer or vehicle safety inspector finds that any vehicle is unsafe to a degree that continued operation would endanger the driver, any other occupant or any person on a public highway, the officer or inspector may require that the driver cease operation of the vehicle or that the vehicle be taken to the nearest garage or other safe place.

      2.  [If] Except as otherwise provided in section 14 of this act, if the vehicle is transporting wet concrete or other perishable cargo and does not pose an immediate threat to the life of the driver or any other person upon a public highway, and if the destination of the vehicle is within a distance of not more than 15 miles, the peace officer or vehicle safety inspector shall permit the vehicle to proceed to its destination and unload its cargo. Upon the arrival of the vehicle at its destination, the officer or inspector may order that the vehicle be taken, after the cargo of the vehicle has been unloaded, to the nearest garage or other place where the vehicle may be safely repaired.

 


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the arrival of the vehicle at its destination, the officer or inspector may order that the vehicle be taken, after the cargo of the vehicle has been unloaded, to the nearest garage or other place where the vehicle may be safely repaired.

      Sec. 16. NRS 459.250 is hereby amended to read as follows:

      459.250  1.  Peace officers of the Nevada Highway Patrol shall enforce those provisions of NRS 459.221 and 459.7052 to 459.728, inclusive, which govern the transport and handling of radioactive waste as they affect the safety of drivers or vehicles, the leakage or spill of radioactive waste from its package or the emission of ionizing radiation in an unsafe amount as established by the regulations of the State Board of Health.

      2.  The peace officer may:

      (a) Impound a vehicle with unsafe equipment; [or]

      (b) Detain a vehicle, if any waste has leaked or spilled from its package or if the peace officer has detected the emission of ionizing radiation in an unsafe amount, and order the driver of the vehicle to park it in a safe place, as determined by an officer designated by the Division, pending remedial action by that Division [.] ; or

      (c) Impound the vehicle or seize the license plates of the vehicle pursuant to the provisions of section 14 of this act.

      3.  After a vehicle has been so detained, an officer designated by the Division may order:

      (a) The vehicle to be impounded;

      (b) The leaked or spilled waste to be cleaned up;

      (c) The contents of any unsafe or leaking package to be repackaged; or

      (d) Any other appropriate precaution or remedy,

Ê at the expense of the shipper or broker, carrier or other person who is responsible as determined by the Division.

      Sec. 17. NRS 459.7052 is hereby amended to read as foll