[Rev. 11/14/2017 11:54:32 AM]

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ê2017 Statutes of Nevada, Page 1013ê

 

CHAPTER 187, AB 439

Assembly Bill No. 439–Assemblymen Araujo, Brooks, Diaz; Bustamante Adams and Oscarson

 

Joint Sponsors: Senators Kieckhefer, Cannizzaro, Parks, Manendo; Atkinson, Ford, Hammond and Woodhouse

 

CHAPTER 187

 

[Approved: May 27, 2017]

 

AN ACT relating to taxes on retail sales; revising provisions governing taxation of the sale, storage, use or other consumption of tangible personal property by a licensed veterinarian; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Sales and Use Tax Act and the Local School Support Tax Law impose certain taxes on the sale, storage, use or other consumption in this State of tangible personal property. The taxes must be paid by the consumer of the property. (Chapters 372 and 374 of NRS)

      This bill requires the Department of Taxation, in administering the provisions of the Sales and Use Tax Act and the Local School Support Tax Law, to consider a licensed veterinarian to be a consumer and not a retailer of the tangible personal property used, furnished or dispensed by him or her in providing medical care or treatment to animals as part of the performance of his or her professional services in the practice of veterinary medicine.

      Any amendment to the Local School Support Tax Law also applies to other sales and use taxes imposed under existing law. (NRS 354.705, 374A.020, 376A.060, 377.040, 377A.030, 377B.110, 377C.100 and various special and local acts)

 

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

      1.  In administering the provisions of this chapter, the Department shall consider a licensed veterinarian to be a consumer and not a retailer of the tangible personal property used, furnished or dispensed by him or her in providing medical care or treatment to animals as part of the performance of his or her professional services in the practice of veterinary medicine.

      2.  As used in this section:

      (a) “Licensed veterinarian” means:

             (1) A person who holds a license to engage in the practice of veterinary medicine issued pursuant to chapter 638 of NRS; and

             (2) An office, clinic or facility through which a licensed veterinarian engages in his or her practice.

      (b) “Practice of veterinary medicine” has the meaning ascribed to it in NRS 638.008.

 


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ê2017 Statutes of Nevada, Page 1014 (Chapter 187, AB 439)ê

 

      Sec. 2. Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In administering the provisions of this chapter, the Department shall consider a licensed veterinarian to be a consumer and not a retailer of the tangible personal property used, furnished or dispensed by him or her in providing medical care or treatment to animals as part of the performance of his or her professional services in the practice of veterinary medicine.

      2.  As used in this section:

      (a) “Licensed veterinarian” means:

             (1) A person who holds a license to engage in the practice of veterinary medicine issued pursuant to chapter 638 of NRS; and

             (2) An office, clinic or facility through which a licensed veterinarian engages in his or her practice.

      (b) “Practice of veterinary medicine” has the meaning ascribed to it in NRS 638.008.

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

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CHAPTER 188, AB 459

Assembly Bill No. 459–Assemblyman Frierson

 

CHAPTER 188

 

[Approved: May 27, 2017]

 

AN ACT relating to children; authorizing a court to order certain tests for the typing of blood or taking of specimens for the genetic identification of a child in need of protection, the natural mother of such a child or the alleged father of such a child; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes provisions governing proceedings concerning a child who is or may be in need of protection. (NRS 432B.410-432B.590) This bill authorizes a court to order tests for the typing of blood or taking of specimens for the genetic identification of such a child, the natural mother of such a child or the alleged father of such a child.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 432B.560 is hereby amended to read as follows:

      432B.560  1.  The court may also order:

      (a) The child, a parent or the guardian to undergo such medical, psychiatric, psychological, or other care or treatment as the court considers to be in the best interests of the child.

      (b) A parent or guardian to refrain from:

 


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ê2017 Statutes of Nevada, Page 1015 (Chapter 188, AB 459)ê

 

             (1) Any harmful or offensive conduct toward the child, the other parent, the custodian of the child or the person given physical custody of the child; and

             (2) Visiting the child if the court determines that the visitation is not in the best interest of the child.

      (c) A reasonable right of visitation for a grandparent of the child if the child is not permitted to remain in the custody of the parents of the child.

      (d) Tests for the typing of blood or taking of specimens for genetic identification of the child, the natural mother of the child or the alleged father of the child pursuant to NRS 126.121.

      2.  The court shall order a parent or guardian to pay to the custodian an amount sufficient to support the child while the child is in the care of the custodian pursuant to an order of the court, unless the child was delivered to a provider of emergency services pursuant to NRS 432B.630 and the location of the parent is unknown. Payments for the obligation of support must be determined in accordance with NRS 125B.070 and 125B.080, but must not exceed the reasonable cost of the child’s care, including food, shelter, clothing, medical care and education. An order for support made pursuant to this subsection must:

      (a) Require that payments be made to the appropriate agency or office;

      (b) Provide that the custodian is entitled to a lien on the obligor’s property in the event of nonpayment of support; and

      (c) Provide for the immediate withholding of income for the payment of support unless:

             (1) All parties enter into an alternative written agreement; or

             (2) One party demonstrates and the court finds good cause to postpone the withholding.

      3.  A court that enters an order pursuant to subsection 2 shall ensure that the social security number of the parent or guardian who is the subject of the order is:

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

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

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

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ê2017 Statutes of Nevada, Page 1016ê

 

CHAPTER 189, AB 192

Assembly Bill No. 192–Assemblymen Sprinkle; Benitez-Thompson and Frierson

 

CHAPTER 189

 

[Approved: May 27, 2017]

 

AN ACT relating to the state personnel system; revising provisions governing the temporary limited appointment of persons with disabilities by state agencies; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law encourages and authorizes agencies of the Executive Department of the State Government and counties and cities to make temporary limited appointments of certified persons with disabilities to positions in government service for a period not to exceed 700 hours even though the positions being filled are continuing positions. This provision of existing law is commonly referred to as the “700-hour program.” Under existing law, if a person appointed pursuant to the program is subsequently appointed to a permanent position during or after the 700-hour period, the 700 hours or the portion of the 700 hours completed counts toward the employee’s probationary period. (NRS 245.185, 268.4065, 284.327) With limited exceptions, this bill requires rather than authorizes appointing authorities for positions in the state service to make such temporary limited appointments. This bill further requires each such appointing authority to ensure that at least one person on the staff of the appointing authority satisfies certain training requirements.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 284.327 is hereby amended to read as follows:

      284.327  1.  [To] Except as otherwise provided in subsection 4, if an appointing authority has a position available and the position is not required to be filled in another manner pursuant to this chapter, to assist persons with disabilities certified by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation, the appointing [authorities are encouraged and authorized to] authority shall, if possible, make a temporary limited [appointments] appointment of a certified [persons with disabilities] person with a disability for a period not to exceed 700 hours notwithstanding that the [positions] position so filled [are continuing positions.] is a continuing position.

      2.  A person with a disability who is certified by the Rehabilitation Division must be placed on the appropriate list for which the person is eligible. Each such person must [possess] :

 

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 1017 (Chapter 189, AB 192)ê

 

      (a) Possess the training and [experience] skills necessary for the position for which the person is certified [.] ; and

      (b) Be able to perform, with or without accommodation, the essential functions of that position.

      3.  The Rehabilitation Division must be notified of an appointing authority’s request for a list of eligibility on which the names of one or more certified persons with disabilities appear. A temporary limited appointment of a certified person with a disability pursuant to this section constitutes the person’s examination as required by NRS 284.215.

      [2.]4. An appointing authority shall not make a temporary limited appointment of a certified person with a disability pursuant to this section:

      (a) If the certified person with a disability currently receives benefits from the agency of the Executive Department of the State Government in which the position exists; or

      (b) In any other circumstances that the appointing authority determines would create an actual or potential conflict of interest between the certified person with the disability and the agency of the Executive Department of the State Government in which the position exists.

      5.  Each appointing authority shall ensure that there is at least one person on the staff of the appointing authority who has training concerning:

      (a) Making a temporary limited appointment of a certified person with a disability pursuant to this section; and

      (b) The unique challenges a person with a disability faces in the workplace.

      6. The Commission shall adopt regulations to carry out the provisions of [subsection 1.

      3.] subsections 1 and 2.

      7.  This section does not deter or prevent appointing authorities from employing:

      (a) A person with a disability if the person is available and eligible for permanent employment.

      (b) A person with a disability who is employed pursuant to the provisions of subsection 1 in permanent employment if the person qualifies for permanent employment before the termination of the person’s temporary limited appointment.

      [4.]8.  If a person appointed pursuant to this section is subsequently appointed to a permanent position during or after the 700-hour period, the 700 hours or portion thereof counts toward the employee’s probationary period.

      Sec. 2.  This act becomes effective upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act, and on January 1, 2018, for all other purposes.

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ê2017 Statutes of Nevada, Page 1018ê

 

CHAPTER 190, AB 301

Assembly Bill No. 301–Assemblyman Sprinkle

 

CHAPTER 190

 

[Approved: May 27, 2017]

 

AN ACT relating to public employees; providing, with limited exceptions, that communications between parties during a peer support counseling session for law enforcement or public safety personnel are confidential and not admissible in certain proceedings; conferring upon certain law enforcement and public safety personnel, with limited exceptions, a privilege to refuse to disclose those communications; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill provides, with limited exceptions, that any communications made between parties during a peer support counseling session are confidential. Section 1 also provides immunity from liability to a law enforcement or public safety agency for any disclosure made in violation of the provisions of this bill by any personnel of the agency who participate in a peer support counseling session.

      Section 2 of this bill creates a testimonial privilege allowing, with limited exceptions, a counselor or participant in a peer support counseling session to refuse to disclose or to prevent another party from disclosing any communication made during a peer support counseling session in certain court proceedings.

      Section 3 of this bill provides that any notes, records or reports of any peer support counseling session are not public records.

 

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

      1.  Any communication made between parties during a peer support counseling session is confidential and must not be disclosed by any person participating in the peer support counseling session unless:

      (a) The communication is any of the following:

             (1) Any explicit threat of suicide;

             (2) Any explicit threat of imminent and serious physical harm or death to a clearly identified or identifiable person;

             (3) Any information relating to the abuse or neglect of a child, older person or vulnerable person, or any information that is required by law to be reported; or

             (4) Any admission of criminal conduct;

      (b) The law enforcement or public safety personnel who were a party to the communication waive the confidentiality of the communication; or

      (c) A court of competent jurisdiction issues an order or subpoena requiring the disclosure of the communication.

      2.  This section:

 


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ê2017 Statutes of Nevada, Page 1019 (Chapter 190, AB 301)ê

 

      (a) Applies to all oral communications, notes, records and reports arising out of a peer support counseling session. Any notes, records or reports arising out of a peer support counseling session are not public records.

      (b) Does not prohibit any communications between counselors who conduct peer support counseling sessions, or any communications between counselors and the supervisors or staff of a peer support counseling or employee assistance program. Any such communications are confidential for purposes of this section.

      (c) Does not limit the discovery or introduction into evidence of any knowledge acquired or observations made by any law enforcement or public safety personnel in the scope of their employment and outside of a peer support counseling session and which is otherwise subject to discovery or introduction into evidence.

      3.  A person who discloses a communication pursuant to paragraph (a), (b) or (c) of subsection 1 is not liable for any error or omission in such a disclosure.

      4.  A law enforcement or public safety agency is not liable for any disclosure made in violation of this section by any law enforcement or public safety personnel of the agency who participate in a peer support counseling session.

      5.  As used in this section:

      (a) “Counselor” means a person who:

             (1) Has received training in peer support counseling and in providing emotional and moral support to law enforcement or public safety personnel who have been involved in or exposed to emotionally traumatic experiences in the course of their employment; and

             (2) Is designated by a law enforcement agency, public safety agency or employee assistance program to provide the services described in subparagraph (1).

      (b) “Employee assistance program” means a program provided by a law enforcement or public safety agency to provide counseling services to its personnel through the use of law enforcement or public safety personnel who have received special training to act as peer support counselors.

      (c) “Law enforcement or public safety personnel” includes, without limitation, peace officers, sheriffs’ deputies, corrections officers, probation officers, firefighters, paramedics, emergency dispatchers or any other employee or volunteer reserve member of a law enforcement or public safety agency whose duties involve emergency response or criminal investigation.

      (d) “Peer support counseling session” means any counseling formally provided through a peer support program between a counselor and one or more law enforcement or public safety personnel.

      Sec. 2. Chapter 49 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Any law enforcement or public safety personnel who participate in a peer support counseling session and any counselor providing such counseling have a privilege to refuse to disclose, and to prevent any other person from disclosing, any confidential communications set forth in section 1 of this act unless:

 


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ê2017 Statutes of Nevada, Page 1020 (Chapter 190, AB 301)ê

 

      (a) The communication is any of the following:

             (1) Any explicit threat of suicide;

             (2) Any explicit threat of imminent and serious physical harm or death to a clearly identified or identifiable person;

             (3) Any information relating to the abuse or neglect of a child, older person or vulnerable person, or any information that is required by law to be reported; or

             (4) Any admission of criminal conduct;

      (b) The law enforcement or public safety personnel who were a party to the communication waive the confidentiality of the communication; or

      (c) A court of competent jurisdiction issues an order or subpoena requiring the disclosure of the communication.

      2.  As used in this section, “counselor,” “law enforcement or public safety personnel” and “peer support counseling session” have the meanings ascribed to them in section 1 of this act.

      Sec. 3. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 41.071, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 130.712, 136.050, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.

 


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ê2017 Statutes of Nevada, Page 1021 (Chapter 190, AB 301)ê

 

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 sections 1 and 3 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

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

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

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

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

 


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ê2017 Statutes of Nevada, Page 1022 (Chapter 190, AB 301)ê

 

      (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. 4.  This act becomes effective upon passage and approval.

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CHAPTER 191, AB 365

Assembly Bill No. 365–Assemblywomen Cohen; and Swank

 

CHAPTER 191

 

[Approved: May 27, 2017]

 

AN ACT relating to marriage; providing for the issuance of a certificate of vow renewal; authorizing certain persons to perform a marriage; authorizing a county clerk to establish a course for certain persons authorized to perform a marriage; revising various provisions governing the performance of marriages; increasing the penalty for certain crimes related to performing marriages; revising provisions related to certain fees for the issuance of a marriage license; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the following persons to obtain a certificate of permission to perform marriages: (1) any licensed, ordained or appointed minister or other church or religious official authorized to solemnize a marriage; (2) certain notaries public; (3) a temporary replacement for a licensed, ordained or appointed minister or other church or religious official, after receiving a written authorization from the minister or other church or religious official and the county clerk; and (4) any chaplain who is assigned to duty in this State by the Armed Forces of the United States. Existing law also authorizes certain ministers or other church or religious officials or certain notaries public to perform not more than five marriages per year in the county upon receiving a separate written authorization from the county clerk for each marriage performed. (NRS 122.062) Sections 2, 5, 6 and 8-17 of this bill amend existing law to grant the same authorization and responsibilities for performing a marriage to marriage officiants as the statutes do for other authorized persons. Section 2 defines the term “marriage officiant” as a person, other than a minister, other church or religious official authorized to solemnize a marriage or notary public, who obtains a certificate of permission to perform marriages. Section 8 prohibits a county clerk from authorizing a marriage officiant to solemnize a marriage unless the county clerk first establishes a course for marriage officiants. Sections 8 and 9 authorize a county clerk to establish a course for marriage officiants and requires an applicant who desires to be a marriage officiant to successfully complete the course. Section 9 authorizes a county clerk to charge a fee of not more than $100 for the course to persons who desire to be a marriage officiant and requires any fees collected to be used only for establishing and maintaining such a course. Section 10: (1) provides for the inclusion of marriage officiants who obtain or renew a certificate of permission to perform marriages in the statewide database of certain persons authorized to perform marriages which is maintained by the Secretary of State under existing law; (2) requires marriage officiants to comply with Nevada laws pertaining to persons who perform marriages; and (3) provides for the expiration and revocation of the certificate of permission to perform marriages issued to a marriage officiant.

 


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ê2017 Statutes of Nevada, Page 1023 (Chapter 191, AB 365)ê

 

      Existing law provides that a certificate of permission to perform marriages expires when: (1) a minister, other person who is authorized to solemnize a marriage or notary public, to whom the certificate has been issued, moves from the county in which his or certificate was issued; (2) a minister or other religious official’s authority to solemnize marriages is removed; or (3) the expiration, cancellation, revocation or suspension of an appointment of a notary public. (NRS 122.066) Section 10 provides that if a county clerk establishes a policy providing for the expiration of a certificate of permission to perform marriages, unless certain exceptions apply, any certificate of permission to perform marriages expires 5 years after the date the certificate was issued or renewed. Section 9 requires all applicants for renewal of a certificate to complete an application and pay to the county clerk a fee of $25. Section 9 also authorizes a county clerk to revoke a certificate of permission to perform marriages if a minister, other church or religious official authorized to solemnize a marriage or marriage officiant fails to notify the county clerk within 30 days of changing his or her address.

      Section 3 of this bill authorizes a county clerk to establish a program to provide for a couple who renews their marriage vows to request a certificate of vow renewal from the county clerk. Section 3 sets forth the requirements for such a request as well as the requirements concerning the contents of such a certificate. Finally, section 3 prohibits the use of a certificate of vow renewal to establish a record of marriage and exempts such a certificate from any requirement for the retention of records by the office of the county clerk.

      Existing law provides that a person is guilty of a misdemeanor if he or she performs a marriage and he or she knows that he or she is not lawfully authorized or knows of any legal impediment to the proposed marriage. (NRS 122.260) Section 17 revises the penalty by providing that such an act is punishable by a civil penalty of not more than $1,500. Section 17 also authorizes a board of county commissioners to enact an ordinance delegating to a hearing officer the authority to determine such violations and levy civil penalties for those violations.

      Under existing law, the county clerk may place an affidavit of application for a marriage license, a certificate of marriage license and a marriage license on a single form, on the reverse of which the county clerk must have printed or stamped instructions for obtaining a certified copy or certified abstract of the certificate of marriage. (NRS 122.055) Section 7 of this bill requires the county clerk to include on the form certain language that the certificate is not a certified copy. Existing law also requires a person who solemnizes a marriage to give each couple being married a certificate of marriage. Section 15 clarifies that the certificate the couple receives from the person who solemnizes the marriage is an uncertified copy of a certificate of marriage.

      Existing law authorizes a board of county commissioners in a county whose population is 700,000 or more (currently Clark County) to adopt an ordinance imposing an additional fee of not more than $14 for the issuance of a marriage license. If a board of county commissioners adopts such an ordinance: (1) the fee must be deposited in a special revenue fund designated as the fund for the promotion of marriage tourism; (2) money in the fund must be used by the county clerk to promote marriage tourism in the county; and (3) the county clerk is required to submit to the board of county commissioners a report of the projected expenditures of the money in the fund for the following fiscal year. (NRS 246.075) Section 18 of this bill requires the county clerk to report to the board rather than submitting a report to the board of the projected expenditures of the money in the fund for the following fiscal year.

 


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

      Sec. 2. “Marriage officiant” means a person, other than a minister, other church or religious official authorized to solemnize a marriage or notary public, who obtains a certificate of permission to perform marriages as provided in NRS 122.062 to 122.073, inclusive.

      Sec. 3. 1.  A county clerk may, in his or her discretion, establish a program to provide for the issuance of a certificate of vow renewal. If a county clerk establishes such a program, upon the request of a couple who desires to renew their marriage vows, the county clerk shall issue a certificate of vow renewal.

      2.  The request for a certificate of vow renewal must be made on a form prescribed by the county clerk and must include the date of the vow renewal and the county in which the vow renewal occurred.

      3.  The certificate of vow renewal must contain:

      (a) The date of the vow renewal;

      (b) The county in which the vow renewal occurred;

      (c) The name of the persons to whom the certificate of vow renewal is issued; and

      (d) A statement that the certificate of vow renewal is not a record of marriage.

      4.  This section may not be used to establish a record of marriage.

      5.  A county clerk may charge and collect a fee in the same amount as the fee collected for the issuance of a marriage license pursuant to NRS 122.060 to cover the cost of preparing the certificate furnished pursuant to this section.

      6.  Notwithstanding any other provision of law to the contrary, a certificate of vow renewal is exempt from any schedule for the retention of records that applies to records in the office of the county clerk.

      Sec. 4. NRS 122.001 is hereby amended to read as follows:

      122.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 122.0015, 122.002 and 122.006 and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 5. NRS 122.030 is hereby amended to read as follows:

      122.030  1.  With respect to any marriage solemnized before January 1, 1971, the original certificate and records of marriage made by the judge, justice or minister, as prescribed in this chapter, and the record thereof by the recorder of the county, or a copy or abstract of the record certified by the recorder, must be received in all courts and places as presumptive evidence of the fact of the marriage.

      2.  With respect to any marriage solemnized on or after January 1, 1971, the original certificate and records of marriage made by the judge, justice, minister or other church or religious official authorized to solemnize a marriage, notary public, commissioner of civil marriages , [or] deputy commissioner of civil marriages [,] or marriage officiant, as prescribed in this chapter, and the record thereof by the county recorder or the county clerk, as the case may be, or a copy or abstract of the record certified by the county recorder or the county clerk, as the case may be, must be received in all courts and places as presumptive evidence of the fact of the marriage.

 


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county recorder or the county clerk, as the case may be, must be received in all courts and places as presumptive evidence of the fact of the marriage.

      Sec. 6. NRS 122.050 is hereby amended to read as follows:

      122.050  The marriage license must contain the name of each applicant as shown in the documents presented pursuant to subsection 2 of NRS 122.040 and must be substantially in the following form:

 

Marriage License

(Expires 1 Year After Issuance)

 

State of Nevada                                  }

                                                               }ss.

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

 

       These presents are to authorize any minister, other church or religious official authorized to solemnize a marriage , [or] notary public or marriage officiant who has obtained a certificate of permission to perform marriages, any Supreme Court justice, judge of the Court of Appeals or district judge within this State, or justice of the peace within a township wherein the justice of the peace is permitted to solemnize marriages or if authorized pursuant to subsection 3 of NRS 122.080, or a municipal judge if authorized pursuant to subsection 4 of NRS 122.080 or any commissioner of civil marriages or his or her deputy within a commissioner township wherein they are permitted to solemnize marriages, to join in marriage ........ of (City, town or location) ........, State of ........ State of birth (If not in U.S.A., name of country) ........; Date of birth ........ Father’s name ........ Father’s state of birth (If not in U.S.A., name of country) ........ Mother’s maiden name ........ Mother’s state of birth (If not in U.S.A., name of country) ........ Number of this marriage (1st, 2nd, etc.) ..... Wife deceased ........ Divorced ........ Annulled ........ When ........ Where ........ And ........ of (City, town or location) ........, State of ........ State of birth (If not in U.S.A., name of country) ........; Date of birth ........ Father’s name ........ Father’s state of birth (If not in U.S.A., name of country) ........ Mother’s maiden name ........ Mother’s state of birth (If not in U.S.A., name of country) ........ Number of this marriage (1st, 2nd, etc.) ..... Husband deceased ........ Divorced ........ Annulled ........ When ........ Where ........; and to certify the marriage according to law.

       Witness my hand and the seal of the county, this ..... day of the month of ………. of the year ............

 

                                                                                                                         

(Seal)                                                                          Clerk

 

                                                                                                                         

                                                                              Deputy clerk

      Sec. 7. NRS 122.055 is hereby amended to read as follows:

      122.055  1.  The county clerk may place the affidavit of application for a marriage license, the certificate of marriage and the marriage license on a single form.

 


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      2.  The county clerk shall have printed or stamped on the reverse of the form:

      (a) Instructions for obtaining a certified copy or certified abstract of the certificate of marriage.

      (b) Language in black ink and at least 16-point bold type in a font that is easy to read and that is in substantially the following form:

 

       This is a duplicate of your certificate. This is not a certified copy. After the certificate has been recorded by the county recorder or filed by the county clerk, you may obtain a certified copy. For name changes and other legal matters, you will need to obtain a certified copy.

 

      3.  Nothing may be printed, stamped or written on the reverse of the form other than the instructions and language described in subsection 2 and a time stamp used by the county clerk to signify that the form has been filed.

      Sec. 8. NRS 122.062 is hereby amended to read as follows:

      122.062  1.  Any licensed, ordained or appointed minister or other church or religious official authorized to solemnize a marriage in good standing within his or her church or religious organization, or either of them, incorporated, organized or established in this State, [or] a notary public appointed by the Secretary of State pursuant to chapter 240 of NRS and in good standing with the Secretary of State, or a marriage officiant may join together as husband and wife persons who present a marriage license obtained from any county clerk of the State, if the minister, other church or religious official authorized to solemnize a marriage , [or] notary public or marriage officiant first obtains or renews a certificate of permission to perform marriages as provided in NRS 122.062 to 122.073, inclusive. The fact that a minister or other church or religious official authorized to solemnize a marriage is retired does not disqualify him or her from obtaining a certificate of permission to perform marriages if, before retirement, the minister or other church or religious official authorized to solemnize a marriage had active charge of a church or religious organization for a period of at least 3 years.

      2.  A temporary replacement for a licensed, ordained or appointed minister or other church or religious official authorized to solemnize a marriage certified pursuant to NRS 122.062 to 122.073, inclusive, may solemnize marriages pursuant to subsection 1 for a period not to exceed 90 days, if the requirements of this subsection are satisfied. The minister or other church or religious official authorized to solemnize a marriage whom he or she temporarily replaces shall provide him or her with a written authorization which states the period during which it is effective, and the temporary replacement shall obtain from the county clerk in the county in which he or she is a temporary replacement a written authorization to solemnize marriage and submit to the county clerk an application fee of $25.

      3.  Any chaplain who is assigned to duty in this State by the Armed Forces of the United States may solemnize marriages if the chaplain obtains a certificate of permission to perform marriages from the county clerk of the county in which his or her duty station is located. The county clerk shall issue such a certificate to a chaplain upon proof of his or her military status as a chaplain and of his or her assignment.

 


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      4.  A licensed, ordained or appointed minister, other church or religious official authorized to solemnize a marriage, active or retired, [or] a notary public or person who desires to be a marriage officiant may submit to the county clerk in the county in which a marriage is to be performed an application to perform a specific marriage in the county. The application must:

      (a) Include the full names and addresses of the persons to be married;

      (b) Include the date and location of the marriage ceremony;

      (c) Include the information and documents required pursuant to subsection 1 of NRS 122.064; [and]

      (d) If the applicant is a person who desires to be a marriage officiant, include verification that the applicant has satisfied the requirements of paragraph (d) of subsection 1 of NRS 122.064; and

      (e) Be accompanied by an application fee of $25.

      5.  A county clerk may grant authorization to perform a specific marriage to a person who submitted an application pursuant to subsection 4 if the county clerk is satisfied that the minister or other church or religious official authorized to solemnize a marriage, whether he or she is active or retired, is in good standing with his or her church or religious organization or, in the case of a notary public, if the notary public is in good standing with the Secretary of State [.] , or in the case of a person who desires to be a marriage officiant, that the person satisfied the requirements of paragraph (d) of subsection 1 of NRS 122.064. The authorization must be in writing and need not be filed with any other public officer. A separate authorization is required for each marriage performed. A person may not obtain more than five authorizations to perform a specific marriage pursuant to this section in any calendar year and must acknowledge that he or she is subject to the jurisdiction of the county clerk with respect to the provisions of this chapter governing the conduct of ministers, other church or religious officials authorized to solemnize a marriage , [or] notaries public or marriage officiants to the same extent as if he or she had obtained a certificate of permission to perform marriages.

      6.  This section must not be construed to allow a county clerk to authorize a marriage officiant to solemnize a marriage unless the county clerk has established a course for marriage officiants.

      Sec. 9. NRS 122.064 is hereby amended to read as follows:

      122.064  1.  A certificate of permission to perform marriages or a renewal of such a certificate may be obtained only from the county clerk of the county in which the minister, other church or religious official authorized to solemnize a marriage , [or] notary public or person who desires to be a marriage officiant resides, after the filing of a proper application. The initial application or application for renewal must:

      (a) Be in writing and be verified by the applicant.

      (b) If the applicant is a minister or other church or religious official authorized to solemnize a marriage:

             (1) Include the date of licensure, ordination or appointment of the minister or other church or religious official authorized to solemnize a marriage, and the name of the church or religious organization with which he or she is affiliated; and

             (2) Be accompanied by one copy of the affidavit of authority to solemnize marriages described in subsection 5.

      (c) If the applicant is a notary public:

 


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             (1) Include the date of the appointment of the notary public by the Secretary of State; and

             (2) Be accompanied by a verification issued by the Secretary of State within the 3 months immediately preceding the date of the application which states that the applicant has been appointed as a notary public by the Secretary of State pursuant to chapter 240 of NRS and is in good standing with the Secretary of State. The county clerk must refuse to issue a certificate of permission if the appointment of the notary public is suspended or revoked and may refuse to issue a certificate of permission if the notary public has committed any violations of chapter 240 of NRS.

      (d) If the applicant is not a minister, other church or religious official authorized to solemnize a marriage or notary public but a person who desires to be a marriage officiant:

             (1) Include an additional fee not to exceed $100 for a course for marriage officiants established by the county clerk; and

             (2) Be accompanied by verification that the applicant successfully completed a course for marriage officiants established by the county clerk.

      (e) Include the social security number of the applicant.

      [(e)](f) Be accompanied by an application fee of $25.

      2.  To determine the qualifications of any minister, other church or religious official authorized to solemnize a marriage , [or] notary public or person who desires to be a marriage officiant who has filed an application for a certificate of permission, the county clerk with whom the application has been filed may require:

      (a) The church or religious organization of the minister or other church or religious official authorized to solemnize a marriage to furnish any evidence which the county clerk considers necessary or helpful.

      (b) An investigation of the background and present activities of the minister , [or] other church or religious official [person] authorized to solemnize a marriage [.] , notary public or person who desires to be a marriage officiant. The cost of an investigation conducted pursuant to this paragraph must be charged to the applicant.

      3.  In addition to the requirement of good standing, the county clerk shall, before approving an initial application, satisfy himself or herself that:

      (a) If the applicant is a minister or other church or religious official authorized to solemnize a marriage, the applicant’s ministry is one of service to his or her church or religious organization or, in the case of a retired minister or other church or religious official authorized to solemnize a marriage, that his or her active ministry was of such a nature.

      (b) No certificate previously issued to the applicant has been cancelled for a knowing violation of the laws of this State or of the United States.

      (c) The applicant has not been convicted of a felony, released from confinement or completed his or her parole or probation, whichever occurs later, within 10 years before the date of the application.

      4.  The county clerk may require any applicant to submit information in addition to that required by this section.

      5.  The affidavit of authority to solemnize marriages required by subparagraph (2) of paragraph (b) of subsection 1 must be in substantially the following form:

 


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ê2017 Statutes of Nevada, Page 1029 (Chapter 191, AB 365)ê

 

AFFIDAVIT OF AUTHORITY TO

SOLEMNIZE MARRIAGES FOR

CHURCHES AND RELIGIOUS

ORGANIZATIONS

 

State of Nevada               }

                                             }ss.

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

 

       The.................................................. (name of church or religious organization) is organized and carries on its work in the State of Nevada. Its active meetings are located at.................................................. (street address, city or town). The.................................................. (name of church or religious organization) hereby finds that.................................................. (name of minister or other person authorized to solemnize marriages) is in good standing and is authorized by the.................................................. (name of church or religious organization) to solemnize a marriage.

       I am duly authorized by.................................................. (name of church or religious organization) to complete and submit this affidavit.

 

                                                  

Signature of Official

 

                                                  

Name of Official

(type or print name)

 

                                                  

Title of Official

 

                                                  

Address

 

                                                  

City, State and Zip Code

 

                                                  

Telephone Number

 

       Signed and sworn to (or affirmed) before me this.......... day of the month of.................... of the year...........

 

                                                  

Notary Public for

.............................. County, Nevada.

 

My appointment expires..............................

 

 

 


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      6.  Not later than 30 days after issuing or renewing a certificate of permission to perform marriages to a notary public, the county clerk must submit to the Secretary of State the name of the notary public to whom the certificate has been issued.

      7.  If a licensed, ordained or appointed minister , [or] other church or religious official authorized to solemnize a marriage or marriage officiant who holds a certificate of permission to perform marriages changes his or her mailing address, the minister , [or] other church or religious official authorized to solemnize a marriage or marriage officiant must notify the county clerk who issued the certificate of his or her new mailing address not later than 30 days after the change. Pursuant to NRS 122.068, a county clerk may revoke the certificate of permission to perform marriages of a licensed, ordained or appointed minister, other church or religious official authorized to solemnize a marriage or marriage officiant who fails to notify the county clerk of his or her new mailing within 30 days after the change. If a notary public who holds a certificate of permission to perform marriages changes his or her mailing address, the notary public must submit to the Secretary of State a request for an amended certificate of appointment pursuant to NRS 240.036.

      8.  The fees collected by the county clerk pursuant to paragraph (d) of subsection 1 must be deposited in the county treasury to be used for establishing and maintaining a course for marriage officiants.

      Sec. 10. NRS 122.066 is hereby amended to read as follows:

      122.066  1.  The Secretary of State shall establish and maintain a statewide database of ministers, other church or religious officials authorized to solemnize a marriage , [or] notaries public or marriage officiants who have been issued a certificate of permission to perform marriages [.] or whose certificate has been renewed. The database must:

      (a) Serve as the official list of ministers, other church or religious officials authorized to solemnize a marriage , [or] notaries public or marriage officiants approved to perform marriages in this State;

      (b) Provide for a single method of storing and managing the official list;

      (c) Be a uniform, centralized and interactive database;

      (d) Be electronically secure and accessible to each county clerk in this State;

      (e) Contain the name, mailing address and other pertinent information of each minister, other church or religious official authorized to solemnize a marriage , [or] notary public or marriage officiant as prescribed by the Secretary of State; and

      (f) Include a unique identifier assigned by the Secretary of State to each minister, other church or religious official authorized to solemnize a marriage , [or] notary public [.] or marriage officiant.

      2.  If the county clerk approves an application for a certificate of permission to perform marriages [,] or for the renewal of a certificate, the county clerk shall:

      (a) Enter all information contained in the application into the electronic statewide database of ministers, other church or religious officials authorized to solemnize a marriage , [or] notaries public or marriage officiants maintained by the Secretary of State not later than 10 days after the certificate of permission to perform marriages or the renewal of a certificate is approved by the county clerk; and

 


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      (b) Provide to the Secretary of State all information related to the minister, other church or religious official authorized to solemnize a marriage , [or] notary public or marriage officiant pursuant to paragraph (e) of subsection 1.

      3.  Upon approval of an application pursuant to subsection 2, the minister, other church or religious official authorized to solemnize a marriage , [or] notary public [:] or marriage officiant:

      (a) Shall comply with the laws of this State governing the solemnization of marriage and conduct of ministers, other church or religious officials authorized to solemnize a marriage , [or] notaries public [;] or marriage officiants;

      (b) Is subject to further review or investigation by the county clerk to ensure that he or she continues to meet the statutory requirements for a person authorized to solemnize a marriage; and

      (c) Shall provide the county clerk with any changes to his or her status or information, including, without limitation, the address or telephone number of the church or religious organization, if applicable, or any other information pertaining to certification within 30 days after such a change. If a notary public to whom a certificate of permission to perform marriages has been issued or renewed changes his or her address, the notary public must submit to the Secretary of State a request for an amended certificate of appointment in accordance with NRS 240.036.

      4.  In addition to the circumstances set forth in this section in which a certificate of permission to perform marriages is no longer valid or expires, a county clerk may, in his or her discretion, establish a policy providing that a certificate of permission expires 5 years after the date it was issued or renewed. If a county clerk does not establish such a policy, the certificate of permission remains valid unless and until it becomes invalid or expires pursuant to this section.

      5.  A certificate of permission is valid until:

      (a) If the certificate is issued to a minister or other church or religious official authorized to solemnize a marriage, the county clerk has received an affidavit of removal of authority to solemnize marriages pursuant to NRS 122.0665 or the certificate of permission is revoked pursuant to NRS 122.068.

      (b) If the certificate is issued to a notary public, the appointment as a notary public has expired or has been cancelled, revoked or suspended. If, after the expiration of his or her appointment, a notary public receives a new appointment, the notary public may reapply for a certificate of permission to perform marriages . [, without charge, if the reapplication occurs within 3 months after the expiration of the previous notary public appointment.

      5.]6.  An affidavit of removal of authority to solemnize marriages that is received pursuant to paragraph (a) of subsection [4] 5 must be sent to the county clerk within 5 days after the minister or other church or religious official authorized to solemnize a marriage ceased to be a member of the church or religious organization in good standing or ceased to be a minister or other church or religious official authorized to solemnize a marriage for the church or religious organization.

      [6.]7.  If the county clerk in the county where the certificate of permission was issued has reason to believe that:

      (a) The minister or other church or religious official authorized to solemnize a marriage is no longer in good standing within his or her church or religious organization, or that he or she is no longer a minister or other church or religious official authorized to solemnize a marriage, or that such church or religious organization no longer exists; [or]

 


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church or religious official authorized to solemnize a marriage, or that such church or religious organization no longer exists; [or]

      (b) The notary public is no longer in good standing with the Secretary of State or that the appointment of the notary public has expired [,] ; or

      (c) The marriage officiant is no longer in good standing with the county clerk,

Ê the county clerk may require satisfactory proof of the good standing of the minister, other church or religious official authorized to solemnize a marriage , [or] notary public [.] or marriage officiant. If such proof is not presented within 15 days, the county clerk shall remove the certificate of permission by amending the electronic record of the minister, other church or religious official authorized to solemnize a marriage , [or] notary public or marriage officiant in the statewide database pursuant to subsection 1.

      [7.]8.  Except as otherwise provided in subsection [8,] 9, if any minister or other church or religious official authorized to solemnize a marriage to whom a certificate of permission has been issued severs ties with his or her church or religious organization or moves from the county in which his or her certificate was issued, the certificate shall expire immediately upon such severance or move, and the church or religious organization shall, within 5 days after the severance or move, file an affidavit of removal of authority to solemnize marriages pursuant to NRS 122.0665. If the minister or other church or religious official authorized to solemnize a marriage voluntarily advises the county clerk of the county in which his or her certificate was issued of his or her severance with his or her church or religious organization, or that he or she has moved from the county, the certificate shall expire immediately upon such severance or move without any notification to the county clerk by the church or religious organization.

      [8.]9.  If any minister or other church or religious official authorized to solemnize a marriage, who is retired and to whom a certificate of permission has been issued, moves from the county in which his or her certificate was issued to another county in this State, the certificate remains valid until such time as the certificate otherwise expires or is removed or revoked as prescribed by law. The minister or other church or religious official authorized to solemnize a marriage must provide his or her new address to the county clerk in the county to which the minister or other church or religious official authorized to solemnize a marriage has moved.

      [9.]10.  If any notary public or marriage officiant to whom a certificate of permission has been issued or renewed moves from the county in which his or her certificate was issued, the certificate shall expire immediately upon such move.

      [10.]11.  The Secretary of State may adopt regulations concerning the creation and administration of the statewide database. This section does not prohibit the Secretary of State from making the database publicly accessible for the purpose of viewing ministers, other church or religious officials who are authorized to solemnize a marriage , [or] notaries public or marriage officiants to whom a certificate of permission to perform marriages has been issued or renewed in this State.

      Sec. 11. NRS 122.068 is hereby amended to read as follows:

      122.068  1.  Any county clerk who has issued or renewed a certificate of permission to perform marriages to a minister, other church or religious official authorized to solemnize a marriage , [or] notary public or marriage officiant pursuant to NRS 122.062 to 122.073, inclusive, may revoke the certificate for good cause shown after a hearing.

 


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officiant pursuant to NRS 122.062 to 122.073, inclusive, may revoke the certificate for good cause shown after a hearing.

      2.  If the certificate of permission to perform marriages of any minister, other church or religious official authorized to solemnize a marriage , [or] notary public or marriage officiant is revoked or if the county clerk has received an affidavit of removal of authority to solemnize marriages pursuant to NRS 122.0665, the county clerk shall inform the Secretary of State of that fact, and the Secretary of State shall immediately remove the name of the minister, other church or religious official authorized to solemnize a marriage , [or] notary public or marriage officiant from the official list contained in the database of ministers, other church or religious officials authorized to solemnize a marriage , [or] notaries public or marriage officiants and shall notify each county clerk and county recorder in the State of the revocation or removal of authority.

      Sec. 12. NRS 122.071 is hereby amended to read as follows:

      122.071  Any minister, other church or religious official authorized to solemnize a marriage , [or] notary public or marriage officiant whose application for a certificate of permission to perform marriages or renewal of such certificate is denied, or whose certificate of permission is revoked, is entitled to judicial review of such action in the district court of the county in which such action was taken.

      Sec. 13. NRS 122.090 is hereby amended to read as follows:

      122.090  No marriage solemnized before any person professing to be a judge, justice, minister or other church or religious official authorized to solemnize a marriage, notary public or marriage officiant to whom a certificate of permission to perform marriages or a renewal of a certificate has been issued, commissioner of civil marriages or deputy commissioner of civil marriages shall be deemed or adjudged to be void, nor shall the validity thereof be in any way affected on account of any want of jurisdiction or authority, provided it be consummated with a full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage.

      Sec. 14. NRS 122.110 is hereby amended to read as follows:

      122.110  1.  In the solemnization of marriage, no particular form is required except that the parties shall declare, in the presence of the justice, judge, minister or other church or religious official authorized to solemnize a marriage, notary public or marriage officiant to whom a certificate of permission to perform marriages or a renewal of a certificate has been issued, justice of the peace, commissioner of civil marriages or deputy commissioner of civil marriages, and the attending witness, that they take each other as husband and wife.

      2.  In every case, there shall be at least one witness present besides the person performing the ceremony.

      Sec. 15. NRS 122.120 is hereby amended to read as follows:

      122.120  1.  After a marriage is solemnized, the person solemnizing the marriage shall give to each couple being married [a] an uncertified copy of a certificate of marriage.

      2.  The certificate of marriage must contain the date of birth of each applicant as contained in the form of marriage license pursuant to NRS 122.050. If a male and female person who are the husband and wife of each other are being rejoined in marriage pursuant to subsection 2 of NRS 122.020, the certificate of marriage must state that the male and female person were rejoined in marriage and that the certificate is replacing a record of marriage which was lost or destroyed or is otherwise unobtainable.

 


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person were rejoined in marriage and that the certificate is replacing a record of marriage which was lost or destroyed or is otherwise unobtainable. The certificate of marriage must be in substantially the following form:

 

State of Nevada

Marriage Certificate

 

State of Nevada                                  }

                                                               }ss.

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

 

       This is to certify that the undersigned, ................................ (a minister or other church or religious official authorized to solemnize a marriage, notary public, judge, justice of the peace of ................................ County, commissioner of civil marriages , [or] deputy commissioner of civil marriages [,] or marriage officiant, as the case may be), did on the ................ day of the month of ………. of the year ..............., at ................ (address or church), ................ (city), Nevada, join or rejoin, as the case may be, in lawful wedlock ................ (name), of ................ (city), State of ................, date of birth ................, and ................ (name), of ................(city), State of ................, date of birth ................, with their mutual consent, in the presence of ................ and ................ (witnesses). (If a male and female person who are the husband and wife of each other are being rejoined in marriage pursuant to subsection 2 of NRS 122.020, this certificate replaces the record of the marriage of the male and female person who are being rejoined in marriage.)

 

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

                                                       Signature of person performing

(Seal of County Clerk)                               the marriage

 

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

                                                     Name under signature typewritten

                                                                or printed in black ink

 

                                                                  

                         County Clerk

 

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

                                                     Official title of person performing

                                                                        the marriage

 

                                                                  

 

                                                                  

               Couple’s mailing address

 

      3.  All information contained in the certificate of marriage must be typewritten or legibly printed in black ink, except the signatures. The signature of the person performing the marriage must be an original signature.

 


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      Sec. 16. NRS 122.220 is hereby amended to read as follows:

      122.220  1.  It is unlawful for any Supreme Court justice, judge of the Court of Appeals, judge of a district court, justice of the peace, municipal judge, minister or other church or religious official authorized to solemnize a marriage, notary public, commissioner of civil marriages , [or] deputy commissioner of civil marriages or marriage officiant to join together as husband and wife persons allowed by law to be joined in marriage, until the persons proposing such marriage exhibit to him or her a license from the county clerk as provided by law.

      2.  Any Supreme Court justice, judge of the Court of Appeals, judge of a district court, justice of the peace, municipal judge, minister or other church or religious official authorized to solemnize a marriage, notary public, commissioner of civil marriages , [or] deputy commissioner of civil marriages or marriage officiant who violates the provisions of subsection 1 is guilty of a misdemeanor.

      Sec. 17. NRS 122.260 is hereby amended to read as follows:

      122.260  If any person [shall undertake] undertakes to join others in marriage, knowing that he or she is not lawfully authorized so to do, or knowing of the existence of any legal impediment to the proposed marriage, the person [is guilty of a misdemeanor.] shall be punished by a civil penalty of not more than $1,500. A board of county commissioners may enact an ordinance delegating to a hearing officer the authority to determine violations of this section and to levy civil penalties for those violations.

      Sec. 18. NRS 246.075 is hereby amended to read as follows:

      246.075  1.  In a county whose population is 700,000 or more, the board of county commissioners may impose by ordinance an additional fee of not more than $14 for the issuance of a marriage license.

      2.  An ordinance adopted pursuant to subsection 1 must include a provision creating a special revenue fund designated as the fund for the promotion of marriage tourism. Any money collected from a fee imposed pursuant to subsection 1 must be paid by the county clerk to the county treasurer, and the county treasurer shall deposit the money received in the fund.

      3.  Any interest earned on money in the fund, after deducting any applicable charges, must be credited to the fund.

      4.  Any money remaining in the fund at the end of a fiscal year must not revert to the county general fund, and the balance in the fund must be carried forward to the next fiscal year.

      5.  The money in the fund:

      (a) Must be used by the county clerk only to promote wedding tourism in the county.

      (b) Must not be used to replace or supplant any money available to fund the regular operations of the office of the county clerk.

      6.  If a board of county commissioners adopts an ordinance pursuant to subsection 1, on or before July 1 of each year, the county clerk shall [submit] report to the board of county commissioners [a report of] the projected expenditures of the money in the fund for the following fiscal year.

      Sec. 19.  If, pursuant to NRS 122.066, as amended by section 10 of this act, a county clerk establishes a policy providing that a certificate of permission to perform marriages expires 5 years after the certificate of permission is issued or renewed, a certificate of permission issued by the county clerk to a minister or other church or religious official authorized to solemnize a marriage or a notary public before July 1, 2017, expires on June 30, 2022, and may be renewed pursuant to NRS 122.064, as amended by section 9 of this act.

 


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solemnize a marriage or a notary public before July 1, 2017, expires on June 30, 2022, and may be renewed pursuant to NRS 122.064, as amended by section 9 of this act.

      Sec. 20.  This act becomes effective on July 1, 2017.

________

CHAPTER 192, AB 464

Assembly Bill No. 464–Committee on Government Affairs

 

CHAPTER 192

 

[Approved: May 27, 2017]

 

AN ACT relating to reports; eliminating requirements to submit certain reports by or to certain governmental entities; requiring certain information be posted on the Internet websites of the Public Employee’s Retirement System and the Housing Division of the Department of Business and Industry; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 3 of this bill requires that a regional rapid transit authority established in a county whose population is 700,000 or more (currently Clark County) submit to the Legislature a biennial report instead of an annual report regarding certain activities, findings and plans of the authority.

      Section 4 of this bill eliminates the requirement that the Housing Division of the Department of Business and Industry submit to the Legislature an annual report that includes a compilation of reports submitted to the Housing Division by the governing bodies of certain cities and counties regarding the maintenance and development of affordable housing. Instead, the Housing Division must post the compilation on its Internet website.

      Section 5 requires the Merit Award Board to submit a biennial report instead of an annual report to the Budget Division of the Office of Finance in the Office of the Governor and to the Interim Finance Committee summarizing employee suggestions rejected and adopted by state agencies and any legislation required to be enacted before an employee suggestion is adopted.

      Section 6 of this bill eliminates the requirement that the Public Employees’ Retirement Board submit to the Governor and the Legislature an annual report regarding investments of money from the Public Employees’ Retirement System in certain scrutinized companies. Instead, the Board must post the report on the Internet website of the System.

      Section 7 of this bill eliminates the requirement that a copy of the capital improvement plan that is submitted by each local government to the Department of Taxation and the appropriate debt management commission also be submitted to the Legislature. Section 8 of this bill eliminates the requirement that a report concerning capital improvements of local governments that is submitted to the Department of Taxation also be submitted to the Legislature. Instead, in each instance, the Department must provide a copy of the plan or the report, as applicable, to the Director of the Legislative Counsel Bureau upon his or her request.

      Section 9 of this bill eliminates the requirement that the Commissioner of Insurance report to the Legislature changes in certain insurance rates or to certain uniform plans regarding insurance.

 

 


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      Section 10 of this bill eliminates the requirement that: (1) the board of county commissioners of each county whose population is 700,000 or more (currently Clark County) submit to the Legislature and to the Legislative Committee on Health Care a quarterly report providing information relating to persons transported to medical facilities by each fire department and ambulance service operating in the county; (2) the Board of Regents of the University of Nevada submit to the Legislature a biennial report concerning the activities of the Police Department of the Nevada System of Higher Education; (3) the Board of Regents submit to the Legislature an annual report concerning the capital improvements owned, leased or operated by the System; and (4) the State Fire Marshal submit to the Legislature a biennial report concerning the effectiveness of provisions of law establishing standards for fire safety for cigarettes and including any recommendations for legislation to improve the effectiveness of such provisions of law.

 

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 and 2. (Deleted by amendment.)

      Sec. 3. NRS 277A.345 is hereby amended to read as follows:

      277A.345  1.  In a county whose population is 700,000 or more, the commission shall establish a regional rapid transit authority. The membership of the regional rapid transit authority must consist of:

      (a) The general manager of the commission, who shall act as chair of the authority;

      (b) One member appointed by the board of county commissioners;

      (c) Three members, one from each of the three largest cities within the county, who are appointed by the respective governing bodies of each city;

      (d) One member selected by the association of gaming establishments whose membership collectively paid the most gaming license fees to the State pursuant to NRS 463.370 in the county in the preceding year;

      (e) One member who is selected by the economic development authority in the county;

      (f) One member selected by the Department of Transportation; and

      (g) One member who has expertise in urban planning and design or architecture selected by the Nevada Arts Council.

      2.  The regional rapid transit authority shall develop a plan for the establishment of a regional rapid transit system:

      (a) In cooperation with economic development, engineering, planning, tourism and utility interests in the county; and

      (b) With the goal of quantifying the implications of introducing an exclusive rapid transit system in identified corridors in the county.

      3.  In carrying out its duties pursuant to subsection 2, the regional rapid transit authority shall:

      (a) Hold public meetings to, without limitation:

             (1) Evaluate the need for and desirability of a regional rapid transit system;

             (2) Assess corridor and route feasibility and desirability; and

             (3) Review existing mass transit options to determine how to incorporate such options into a regional rapid transit system;

      (b) Undertake an analysis of various considerations involved with introducing and implementing a regional rapid transit system in the county, including, without limitation:

 


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             (1) An assessment of the available rapid transit technologies, including, without limitation, technologies that use solar power or other renewable energy sources to minimize or eliminate the use of carbon-based fuels;

             (2) An assessment of the opportunities, costs and constraints of corridor options, including, without limitation:

                   (I) An examination and evaluation of existing rail corridors and transit routes for inclusion in the regional rapid transit system;

                   (II) An evaluation of potential sites for stations and facilities for the regional rapid transit system; and

                   (III) Identification of locations in the county that would benefit most from proximity to a regional rapid transit system, including, without limitation, airports and existing or proposed special event venues such as stadiums and racetracks;

             (3) Estimates as to capital and operating costs;

             (4) An assessment of potential ridership and passenger demand;

             (5) An assessment of the environmental impact;

             (6) A potential project schedule; and

             (7) An assessment of financing options and funding sources, including, without limitation:

                   (I) Processes for securing federal funding; and

                   (II) The potential for voter approval for bonds to support any portion of the regional rapid transit system.

      4.  On or before February 1 of each odd-numbered year, the regional rapid transit authority shall submit a written report to the Director of the Legislative Counsel Bureau for transmittal to the appropriate committee or committees of the Legislature. The report must set forth, without limitation:

      (a) The activities and meetings of the authority;

      (b) Any findings made by the authority regarding the analysis required by subsection 3; and

      (c) The plan or current draft of the plan developed by the authority pursuant to subsection 2.

      Sec. 4. NRS 278.235 is hereby amended to read as follows:

      278.235  1.  If the governing body of a city or county is required to include the housing element in its master plan pursuant to NRS 278.150, the governing body, in carrying out the plan for maintaining and developing affordable housing to meet the housing needs of the community, which is required to be included in the housing element pursuant to subparagraph (8) of paragraph (c) of subsection 1 of NRS 278.160, shall adopt at least six of the following measures:

      (a) At the expense of the city or county, as applicable, subsidizing in whole or in part impact fees and fees for the issuance of building permits collected pursuant to NRS 278.580.

      (b) Selling land owned by the city or county, as applicable, to developers exclusively for the development of affordable housing at not more than 10 percent of the appraised value of the land, and requiring that any such savings, subsidy or reduction in price be passed on to the purchaser of housing in such a development. Nothing in this paragraph authorizes a city or county to obtain land pursuant to the power of eminent domain for the purposes set forth in this paragraph.

      (c) Donating land owned by the city or county to a nonprofit organization to be used for affordable housing.

 


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ê2017 Statutes of Nevada, Page 1039 (Chapter 192, AB 464)ê

 

      (d) Leasing land by the city or county to be used for affordable housing.

      (e) Requesting to purchase land owned by the Federal Government at a discounted price for the creation of affordable housing pursuant to the provisions of section 7(b) of the Southern Nevada Public Land Management Act of 1998, Public Law 105-263.

      (f) Establishing a trust fund for affordable housing that must be used for the acquisition, construction or rehabilitation of affordable housing.

      (g) Establishing a process that expedites the approval of plans and specifications relating to maintaining and developing affordable housing.

      (h) Providing money, support or density bonuses for affordable housing developments that are financed, wholly or in part, with low-income housing tax credits, private activity bonds or money from a governmental entity for affordable housing, including, without limitation, money received pursuant to 12 U.S.C. § 1701q and 42 U.S.C. § 8013.

      (i) Providing financial incentives or density bonuses to promote appropriate transit-oriented housing developments that would include an affordable housing component.

      (j) Offering density bonuses or other incentives to encourage the development of affordable housing.

      (k) Providing direct financial assistance to qualified applicants for the purchase or rental of affordable housing.

      (l) Providing money for supportive services necessary to enable persons with supportive housing needs to reside in affordable housing in accordance with a need for supportive housing identified in the 5-year consolidated plan adopted by the United States Department of Housing and Urban Development for the city or county pursuant to 42 U.S.C. § 12705 and described in 24 C.F.R. Part 91.

      2.  On or before January 15 of each year, the governing body shall submit to the Housing Division of the Department of Business and Industry a report, in the form prescribed by the Division, of how the measures adopted pursuant to subsection 1 assisted the city or county in maintaining and developing affordable housing to meet the needs of the community for the preceding year. The report must include an analysis of the need for affordable housing within the city or county that exists at the end of the reporting period.

      3.  On or before February 15 of each year, the Housing Division shall compile the reports submitted pursuant to subsection 2 and [transmit] post the compilation [to the Legislature, or the Legislative Commission if the Legislature is not in regular session.] on the Internet website of the Housing Division.

      Sec. 5. NRS 285.060 is hereby amended to read as follows:

      285.060  1.  Upon receiving an employee suggestion pursuant to NRS 285.050, the Secretary of the Board shall:

      (a) Record and acknowledge receipt of the employee suggestion;

      (b) Notify the state employee or each state employee of a group of state employees who made the employee suggestion of any undue delays in the consideration of the employee suggestion; and

      (c) Refer the employee suggestion at once to the head of the state agency or agencies affected, or his or her designee, for consideration.

 


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ê2017 Statutes of Nevada, Page 1040 (Chapter 192, AB 464)ê

 

      2.  Within 30 days after receiving an employee suggestion that is referred pursuant to subsection 1, the head of the state agency, or his or her designee, shall report his or her findings and recommendations to the Board. The report must indicate:

      (a) Whether the employee suggestion has been adopted.

      (b) If adopted:

             (1) The day on which the employee suggestion was placed in effect.

             (2) The actual or estimated reduction, elimination or avoidance of expenditures or any improvement in operations made possible by the employee suggestion.

             (3) If the employee suggestion was made by a group of state employees, a recommendation of the distribution of any potential award made pursuant to NRS 285.070 to each state employee in the group. Such a distribution must be proportionate, fair and equitable based on the contributions by each state employee to the employee suggestion.

      (c) If rejected, the reasons for rejection.

      (d) If applicable, whether legislation will be required before the employee suggestion may be adopted.

      3.  The Board shall:

      (a) Review the findings and recommendations of the state agency and may obtain additional information or take such other action as is necessary for prompt, thorough and impartial consideration of each employee suggestion.

      (b) Evaluate each employee suggestion, taking into consideration any action by the state agency, staff recommendations and the objectives of the Merit Award Program.

      (c) Monitor the efficacy and progress of employee suggestions that have been adopted and placed into effect.

      (d) Provide a report to the Budget Division of the Office of Finance and the Interim Finance Committee not later than 30 days after the end of each fiscal year ending on June 30 of an even-numbered year summarizing, for that fiscal year [:] and the previous fiscal year:

             (1) The employee suggestions that were rejected by state agencies.

             (2) The employee suggestions that were adopted by state agencies and detailing any actual reduction, elimination or avoidance of expenditures or any improvement in operations made possible by the employee suggestion.

             (3) Any legislation required to be enacted before an employee suggestion may be adopted.

      Sec. 6. NRS 286.723 is hereby amended to read as follows:

      286.723  1.  Except as otherwise provided in NRS 286.725, the Board shall prepare an annual report of investments of money from the System in scrutinized companies as identified pursuant to NRS 286.721. The report must include the amount of money allocated in such investments and other data and statistics designed to explain the past and current extent to which funds from the System are invested in scrutinized companies.

      2.  The Board shall [submit] post a copy of the report [to the Governor and the Director of the Legislative Counsel Bureau for distribution to the Legislature] on the Internet website of the System on or before February 1 of each year which must cover all investments during the previous calendar year.

 


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ê2017 Statutes of Nevada, Page 1041 (Chapter 192, AB 464)ê

 

      Sec. 7. NRS 354.5945 is hereby amended to read as follows:

      354.5945  1.  Except as otherwise provided in subsection 7, each local government shall annually prepare, on a form prescribed by the Department of Taxation for use by local governments, a capital improvement plan for the fiscal year ending on June 30 of that year and the ensuing 5 fiscal years.

      2.  On or before August 1 of each year, each local government shall submit a copy of the capital improvement plan of the local government to the:

      (a) Department of Taxation; and

      (b) Debt management commission of the county in which the local government is located . [; and

      (c) Director of the Legislative Counsel Bureau.]

Ê The Department of Taxation shall provide a copy of a capital improvement plan of a local government to the Director of the Legislative Counsel Bureau upon his or her request.

      3.  Each local government shall file a copy of the capital improvement plan of the local government for public record and inspection by the public in the offices of:

      (a) The clerk or secretary of the governing body; and

      (b) The county clerk.

      4.  The total amount of the expenditures contained in the capital improvement plan of the local government for the next ensuing fiscal year must equal the total amount of expenditures for capital outlay set forth in the final budget of the local government for each fund listed in that budget.

      5.  The capital improvement plan must include the estimated or actual revenues and expenditures for each capital project and the estimated or actual date for completion of each capital project.

      6.  The capital improvement plan must reconcile the capital outlay in each fund in the final budget for the first year of the capital improvement plan to the final budget in the next ensuing fiscal year. The reconciliation must identify the minimum level of expenditure for items classified as capital assets in the final budget and the minimum level of expenditure for items classified as capital projects in the capital improvement plan. The reconciliation of capital outlay items in the capital improvement plan must be presented on forms created and distributed by the Department of Taxation.

      7.  Local governments that are exempt from the requirements of the Local Government Budget and Finance Act pursuant to subsection 1 of NRS 354.475 are not required to file a capital improvement plan.

      Sec. 8. NRS 354.5947 is hereby amended to read as follows:

      354.5947  1.  In addition to the records and inventory controls established and maintained pursuant to NRS 354.625, the governing body of each local government shall, for each fiscal year, compile a report concerning the capital improvements owned, leased or operated by the local government.

      2.  The report of the capital improvements required pursuant to subsection 1 must be prepared in such detail as is required by generally accepted accounting principles.

      3.  The governing body shall submit, in any format including an electronic format, a copy of the report compiled pursuant to subsection 1 on or before February 1 of the year next succeeding the period to which the report pertains to the Department of Taxation . [and the Director of the Legislative Counsel Bureau for distribution to each regular session of the Legislature.]

 


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Legislature.] The Department of Taxation shall provide a copy of the report compiled pursuant to subsection 1 to the Director of the Legislative Counsel Bureau upon his or her request.

      Sec. 9. NRS 686B.177 is hereby amended to read as follows:

      686B.177  [1.]  The Advisory Organization shall file with the Commissioner a copy of every prospective loss cost, every manual of rating rules, every rating schedule and every change, amendment or modification to them which is proposed for use in this state at least 60 days before they are distributed to the organization’s members, subscribers or other persons. The rates shall be deemed to be approved unless they are disapproved by the Commissioner within 60 days after they are filed.

      [2.  The Commissioner shall report any changes in rates or in the Uniform Plan for Rating Experience, the Uniform Statistical Plan or the Uniform System of Classification, when approved, to the Director of the Legislative Counsel Bureau.]

      Sec. 10. NRS 244.2962, 396.329, 396.4355 and 477.212 are hereby repealed.

      Sec. 11.  This act becomes effective on July 1, 2017.

________

CHAPTER 193, SB 54

Senate Bill No. 54–Committee on Revenue and Economic Development

 

CHAPTER 193

 

[Approved: May 27, 2017]

 

AN ACT relating to taxation; authorizing additional uses of the proceeds of a tax for infrastructure by certain smaller counties; requiring periodic reviews of the plan for the use of the proceeds of such a tax by certain smaller counties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes each county to impose a sales and use tax for certain infrastructure projects. (NRS 377B.100, 377B.160) Existing law authorizes certain smaller counties (currently any county other than Clark and Washoe Counties) to use the proceeds of the tax for certain purposes related to the construction or renovation of schools, the construction or renovation of cultural or historical facilities, or the construction, improvement or equipping of public safety, cultural and recreational, or judicial facilities. (NRS 377B.160) Section 2 of this bill authorizes these smaller counties to use the proceeds of the tax for certain purposes related to the construction, improvement or equipping of additional types of governmental facilities. In addition, section 2 authorizes these smaller counties to use the proceeds of the tax to pay the costs of operating and maintaining certain governmental facilities. Under existing law, any change to use the proceeds of the tax for the additional purposes authorized by this bill must be approved by a two-thirds majority of the board of county commissioners of the county. (NRS 377B.100)

      Section 1 of this bill requires certain smaller counties (currently counties other than Clark and Washoe Counties) that use the proceeds of the tax for certain purposes to review the plan for the use of those proceeds at least once every 4 years.

 


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ê2017 Statutes of Nevada, Page 1043 (Chapter 193, SB 54)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 377B.100 is hereby amended to read as follows:

      377B.100  1.  The board of county commissioners of any county may by ordinance, but not as in a case of emergency, impose a tax for infrastructure pursuant to this section and NRS 377B.110.

      2.  An ordinance enacted pursuant to this chapter may not become effective before a question concerning the imposition of the tax is approved by a two-thirds majority of the members of the board of county commissioners. Any proposal to increase the rate of the tax or change the previously approved uses for the proceeds of the tax must be approved by a two-thirds majority of the members of the board of county commissioners. The board of county commissioners shall not change a previously approved use for the proceeds of the tax to a use that is not authorized for that county pursuant to NRS 377B.160.

      3.  An ordinance enacted pursuant to this section must:

      (a) Specify the date on which the tax must first be imposed or on which an increase in the rate of the tax becomes effective, which must occur on the first day of the first month of the next calendar quarter that is at least 120 days after the date on which a two-thirds majority of the board of county commissioners approved the question.

      (b) In a county whose population is 700,000 or more, provide for the cessation of the tax not later than:

             (1) The last day of the month in which the Department determines that the total sum collected since the tax was first imposed, exclusive of any penalties and interest, exceeds $2.3 billion; or

             (2) June 30, 2025,

Ê whichever occurs earlier.

      4.  Notwithstanding the provisions of an ordinance described in subsection 3, in a county whose population is 700,000 or more, the tax may continue to be imposed after the date set forth in the ordinance for the cessation of the tax if the board of county commissioners determines by an affirmative vote of at least two-thirds of its members that the cessation of the tax is not advisable.

      5.  The board of county commissioners in a county whose population is 700,000 or more and in which a water authority exists shall review the necessity for the continued imposition of the tax authorized pursuant to this chapter at least once every 10 years.

      6.  Before enacting an ordinance pursuant to this chapter, the board of county commissioners shall hold a public hearing regarding the imposition of a tax for infrastructure. In a county whose population is 700,000 or more and in which a water authority exists, the water authority shall also hold a public hearing regarding the tax for infrastructure. Notice of the time and place of each hearing must be:

      (a) Published in a newspaper of general circulation in the county at least once a week for the 2 consecutive weeks immediately preceding the date of the hearing. Such notice must be a display advertisement of not less than 3 inches by 5 inches.

 


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ê2017 Statutes of Nevada, Page 1044 (Chapter 193, SB 54)ê

 

      (b) Posted at the building in which the meeting is to be held and at not less than three other separate, prominent places within the county at least 2 weeks before the date of the hearing.

      7.  Before enacting an ordinance pursuant to this chapter, the board of county commissioners of a county whose population is less than 700,000 or a county whose population is 700,000 or more and in which no water authority exists, shall develop a plan for the expenditure of the proceeds of a tax imposed pursuant to this chapter for the purposes set forth in NRS 377B.160. The plan may include a regional project for which two or more such counties have entered into an interlocal agreement to expend jointly all or a portion of the proceeds of a tax imposed in each county pursuant to this chapter. Such a plan must include, without limitation, the date on which the plan expires, a description of each proposed project, the method of financing each project and the costs related to each project. Before adopting a plan pursuant to this subsection, the board of county commissioners of a county in which a regional planning commission has been established pursuant to NRS 278.0262 shall transmit to the regional planning commission a list of the proposed projects for which a tax for infrastructure may be imposed. The regional planning commission shall hold a public hearing at which it shall rank each project in relative priority. The regional planning commission shall transmit its rankings to the board of county commissioners. The recommendations of the regional planning commission regarding the priority of the proposed projects are not binding on the board of county commissioners. The board of county commissioners shall hold at least one public hearing on the plan. Notice of the time and place of the hearing must be provided in the manner set forth in subsection 6. The plan must be approved by the board of county commissioners at a public hearing. Subject to the provisions of subsection [8,] 9, on or before the date on which a plan expires, the board of county commissioners shall determine whether a necessity exists for the continued imposition of the tax. If the board determines that such a necessity does not exist, the board shall repeal the ordinance that enacted the tax. If the board of county commissioners determines that the tax must be continued for a purpose set forth in NRS 377B.160, the board shall adopt, in the manner prescribed in this subsection, a new plan for the expenditure of the proceeds of the tax for such a purpose.

      8.  If the plan approved pursuant to subsection 7 by the board of county commissioners of a county whose population is 100,000 or less includes the expenditure of the proceeds of a tax imposed pursuant to this chapter for a purpose set forth in paragraph (f) or (g) of subsection 3 of NRS 377B.160, the board must review the plan at least once every 4 years.

      9.  No ordinance imposing a tax which is enacted pursuant to this chapter may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair any outstanding bonds or other obligations which are payable from or secured by a pledge of a tax enacted pursuant to this chapter until those bonds or other obligations have been discharged in full.

      Sec. 2. NRS 377B.160 is hereby amended to read as follows:

      377B.160  The money in the infrastructure fund, including interest and any other income from the fund:

      1.  In a county whose population is 700,000 or more, must only be expended by the water authority, distributed by the water authority to its members, distributed by the water authority pursuant to NRS 377B.170 to a city or town located in the county whose territory is not within the boundaries of the area served by the water authority or to a public entity in the county which provides water or wastewater services and which is not a member of the water authority or, if no water authority exists in the county, expended by the board of county commissioners for:

 


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ê2017 Statutes of Nevada, Page 1045 (Chapter 193, SB 54)ê

 

city or town located in the county whose territory is not within the boundaries of the area served by the water authority or to a public entity in the county which provides water or wastewater services and which is not a member of the water authority or, if no water authority exists in the county, expended by the board of county commissioners for:

      (a) The acquisition, establishment, construction, improvement or equipping of water and wastewater facilities;

      (b) The payment of principal and interest on notes, bonds or other securities issued to provide money for the cost of projects described in paragraph (a); or

      (c) Any combination of those purposes.

Ê The board of county commissioners may only expend money from the infrastructure fund pursuant to this subsection in the manner set forth in the plan adopted pursuant to subsection 7 of NRS 377B.100.

      2.  In a county whose population is 100,000 or more but less than 700,000, must only be expended by the board of county commissioners in the manner set forth in the plan adopted pursuant to subsection 7 of NRS 377B.100 for:

      (a) The acquisition, establishment, construction or expansion of:

             (1) Projects for the management of floodplains or the prevention of floods; or

             (2) Facilities relating to public safety;

      (b) The payment of principal and interest on notes, bonds or other securities issued to provide money for the cost of projects described in paragraph (a);

      (c) The ongoing expenses of operation and maintenance of projects described in subparagraph (1) of paragraph (a), if such projects were included in a plan adopted by the board of county commissioners pursuant to subsection 7 of NRS 377B.100 before January 1, 2003;

      (d) Any program to provide financial assistance to owners of public and private property in areas likely to be flooded in order to make such property resistant to flood damage that is established pursuant to NRS 244.3653; or

      (e) Any combination of those purposes.

      3.  In a county whose population is less than 100,000, must only be expended by the board of county commissioners in the manner set forth in the plan adopted pursuant to subsection 7 of NRS 377B.100 for:

      (a) The acquisition, establishment, construction, improvement or equipping of:

             (1) Water facilities; or

             (2) Wastewater facilities;

      (b) The acquisition, establishment, construction, operation, maintenance or expansion of:

             (1) Projects for the management of floodplains or the prevention of floods; or

             (2) Facilities for the disposal of solid waste;

      (c) The construction or renovation of facilities for schools;

      (d) The construction or renovation of facilities having cultural or historical value;

      (e) Projects described in subsection 2 of NRS 373.028;

      (f) The acquisition, establishment, construction, expansion, improvement or equipping of facilities relating to public safety or to cultural and recreational , [or] judicial [functions;] or health and welfare functions;

 


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ê2017 Statutes of Nevada, Page 1046 (Chapter 193, SB 54)ê

 

      (g) The ongoing expenses of operation and maintenance for services and supplies of facilities described in paragraph (f), excluding salaries and benefits;

      (h) The payment of principal and interest on notes, bonds or other securities issued to provide money for the cost of projects, facilities and activities described in paragraphs (a) to [(f),] (g), inclusive; or

      [(h)](i) Any combination of those purposes.

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

________

CHAPTER 194, SB 78

Senate Bill No. 78–Committee on Government Affairs

 

CHAPTER 194

 

[Approved: May 27, 2017]

 

AN ACT relating to local governmental financial administration; revising provisions governing the authority of a governing body of a local government to transfer money from an enterprise fund to the general fund of the local government for the purpose of subsidizing the general fund; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Local Government Budget and Finance Act authorizes the governing body of a local government to establish certain funds, including an enterprise fund to account for operations which are financed and conducted in a manner similar to the operations of a private business, where the intent of the governing body is to have the expenses of providing goods or services to the general public financed through charges imposed on users. (NRS 354.470-354.626) Under existing law, a governing body of a local government is authorized to loan or transfer money from an enterprise fund only if the loan or transfer is made: (1) as a medium-term obligation in compliance with certain requirements; (2) to pay the expenses of the pertinent enterprise; (3) for a cost allocation for employees, equipment or other resources; or (4) upon the dissolution of the enterprise fund. Until June 30, 2021, existing law also authorizes certain local governments to transfer money from an enterprise fund to the general fund of the local government for the purpose of subsidizing the general fund if certain requirements are satisfied. (NRS 354.613) This bill authorizes a local government to make such transfers from an enterprise fund on and after July 1, 2021, if: (1) on or before July 1, 2018, the Committee on Local Government Finance has approved a plan adopted by the governing body of the local government to eliminate such transfers, which includes, without limitation, a plan to reduce the amount of such transfers by at least 3.3 percent each fiscal year during the term of the plan; and (2) the local government reduces the amount of the transfers in accordance with the plan.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 354.613 is hereby amended to read as follows:

      354.613  1.  Except as otherwise provided in this section and NRS 354.6135, the governing body of a local government may, on or after July 1, 2011, loan or transfer money from an enterprise fund, money collected from fees imposed for the purpose for which an enterprise fund was created or any income or interest earned on money in an enterprise fund only if the loan or transfer is made:

 


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ê2017 Statutes of Nevada, Page 1047 (Chapter 194, SB 78)ê

 

fees imposed for the purpose for which an enterprise fund was created or any income or interest earned on money in an enterprise fund only if the loan or transfer is made:

      (a) In accordance with a medium-term obligation issued by the recipient in compliance with the provisions of chapter 350 of NRS, the loan or transfer is proposed to be made and the governing body approves the loan or transfer under a nonconsent item that is separately listed on the agenda for a regular meeting of the governing body, and:

             (1) The money is repaid in full to the enterprise fund within 5 years; or

             (2) If the recipient will be unable to repay the money in full to the enterprise fund within 5 years, the recipient notifies the Committee on Local Government Finance of:

                   (I) The total amount of the loan or transfer;

                   (II) The purpose of the loan or transfer;

                   (III) The date of the loan or transfer; and

                   (IV) The estimated date that the money will be repaid in full to the enterprise fund;

      (b) To pay the expenses related to the purpose for which the enterprise fund was created;

      (c) For a cost allocation for employees, equipment or other resources related to the purpose of the enterprise fund which is approved by the governing body under a nonconsent item that is separately listed on the agenda for a regular meeting of the governing body; or

      (d) Upon the dissolution of the enterprise fund.

      2.  Except as otherwise provided in this section, the governing body of a local government may increase the amount of any fee imposed for the purpose for which an enterprise fund was created only if the governing body approves the increase under a nonconsent item that is separately listed on the agenda for a regular meeting of the governing body, and the governing body determines that:

      (a) The increase is not prohibited by law;

      (b) The increase is necessary for the continuation or expansion of the purpose for which the enterprise fund was created; and

      (c) All fees that are deposited in the enterprise fund are used solely for the purposes for which the fees are collected.

      3.  Upon the adoption of an increase in any fee pursuant to subsection 2, the governing body shall, except as otherwise provided in this subsection, provide to the Department of Taxation an executed copy of the action increasing the fee. This requirement does not apply to the governing body of a federally regulated airport.

      4.  The provisions of subsection 2 do not limit the authority of the governing body of a local government to increase the amount of any fee imposed upon a public utility in compliance with the provisions of NRS 354.59881 to 354.59889, inclusive, for a right-of-way over any public area if the public utility is billed separately for that fee. As used in this subsection, “public utility” has the meaning ascribed to it in NRS 354.598817.

      5.  This section must not be construed to:

      (a) Prohibit a local government from increasing a fee or using money in an enterprise fund to repay a loan lawfully made to the enterprise fund from another fund of the local government; or

 


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ê2017 Statutes of Nevada, Page 1048 (Chapter 194, SB 78)ê

 

      (b) Prohibit or impose any substantive or procedural limitations on any increase of a fee that is necessary to meet the requirements of an instrument that authorizes any bonds or other debt obligations which are secured by or payable from, in whole or in part, money in the enterprise fund or the revenues of the enterprise for which the enterprise fund was created.

      6.  The Department of Taxation shall provide to the Committee on Local Government Finance a copy of each report submitted to the Department on or after July 1, 2011, by a county or city pursuant to NRS 354.6015. The Committee shall:

      (a) Review each report to determine whether the governing body of the local government is in compliance with the provisions of this section; and

      (b) On or before January 15 of each odd-numbered year, submit a report of its findings to the Director of the Legislative Counsel Bureau for transmittal to the Legislature.

      7.  A fee increase imposed in violation of this section must not be invalidated on the basis of that violation. The sole remedy for a violation of this section is the penalty provided in NRS 354.626. Any person who pays a fee for the enterprise for which the enterprise fund is created may file a complaint with the district attorney or Attorney General alleging a violation of this section for prosecution pursuant to NRS 354.626.

      8.  For the purposes of paragraph (c) of subsection 1, the Committee on Local Government Finance shall adopt regulations setting forth the extent to which general, overhead, administrative and similar expenses of a local government of a type described in paragraph (c) of subsection 1 may be allocated to an enterprise fund. The regulations must require that:

      (a) Each cost allocation makes an equitable distribution of all general, overhead, administrative and similar expenses of the local government among all activities of the local government, including the activities funded by the enterprise fund; and

      (b) Only the enterprise fund’s equitable share of those expenses may be treated as expenses of the enterprise fund and allocated to it pursuant to paragraph (c) of subsection 1.

      9.  Except as otherwise provided in subsections 10 and 11, if a local government has subsidized its general fund with money from an enterprise fund for the 5 fiscal years immediately preceding the fiscal year beginning on July 1, 2011, the provisions of subsection 1 do not apply [until July 1, 2021,] to transfers from the enterprise fund to the general fund of the local government for the purpose of subsidizing the general fund if the local government:

      (a) Does not increase the amount of the transfers to subsidize the general fund in any fiscal year beginning on or after July 1, 2011, above the amount transferred in the fiscal year ending on June 30, 2011, except for loans and transfers that comply with the provisions of subsection 1; and

      (b) Does not, on or after July 1, 2011, increase any fees for any enterprise fund used to subsidize the general fund except for increases described in paragraph (b) of subsection 5.

 

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 1049 (Chapter 194, SB 78)ê

 

      10.  [On or before July 1, 2012, a local government to which the provisions of subsection 9 apply shall adopt a plan to eliminate, on or before the fiscal year beginning on July 1, 2021, all transfers from any enterprise funds to subsidize the general fund that are not made in compliance with subsection 1. A copy of the plan must be filed with the Department of Taxation on or before July 15, 2012.

      11.]  On and after July 1, [2012,] 2021, the provisions of subsection [9 do not] 1 apply to [a local government that fails to comply with the provisions of subsection 10.] transfers from an enterprise fund described in subsection 9 to the general fund of a local government for the purpose of subsidizing the general fund unless:

      (a) On or before July 1, 2018, the Committee on Local Government Finance has approved a plan adopted by the governing body of the local government to eliminate transfers from an enterprise fund to subsidize the general fund of the local government that are not made in compliance with subsection 1, which must include, without limitation, a plan to reduce, by at least 3.3 percent each fiscal year during the term of the plan, the amount of the transfers from the enterprise fund to the general fund of the local government for the purpose of subsidizing the general fund; and

      (b) In accordance with the plan approved by the Committee on Local Government Finance pursuant to paragraph (a), for each fiscal year during the term of the plan, the local government reduces by at least 3.3 percent the amount of the transfers from the enterprise fund to the general fund of the local government for the purpose of subsidizing the general fund.

      11.  Each plan approved by the Committee on Local Government Finance pursuant to subsection 10 is subject to annual review by the Committee.

      12.  After the expiration of the term of a plan approved by the Committee on Local Government Finance pursuant to subsection 10, the provisions of subsection 1 apply to the local government that adopted the plan.

      Sec. 2. Section 13 of chapter 307, Statutes of Nevada 2011, at page 1694, is hereby amended to read as follows:

       Sec. 13.  [1.]  This section and sections 1 to 9, inclusive, 11 and 12 of this act become effective on July 1, 2011.

       [2.  Section 10 of this act becomes effective on July 1, 2021.]

      Sec. 3. Section 10 of chapter 307, Statutes of Nevada 2011, at page 1692, is hereby repealed.

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

________

 

 


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ê2017 Statutes of Nevada, Page 1050ê

 

CHAPTER 195, SB 117

Senate Bill No. 117–Senators Settelmeyer, Roberson, Kieckhefer, Harris, Gansert; Atkinson, Cannizzaro, Denis, Ford, Goicoechea, Gustavson, Hammond, Hardy, Manendo, Parks, Ratti, Spearman and Woodhouse

 

CHAPTER 195

 

[Approved: May 27, 2017]

 

AN ACT relating to elections; requiring certain accommodations be made for voters who are disabled or not physically able to wait in line to vote; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires each polling place, with limited exception, to be accessible to a voter who is elderly or a voter with a disability and to have a voting booth that is specifically designed, designated and equipped for such voters. (NRS 293.2955, 293C.281) This bill provides that, in addition, at all times during which a polling place is open: (1) the polling place must have a separate line for voters with disabilities or who are not physically able to wait in line to vote and allow such voters to vote before any voter who is not disabled and is physically able to stand in line; or (2) an election board officer at the polling place must allow voters with disabilities or who are not physically able to wait in line to move to the front of the line of voters to vote.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 293.2955 is hereby amended to read as follows:

      293.2955  1.  Except as otherwise provided in subsection 2, at all times during which a polling place is open [, the] :

      (a) The polling place must:

      [(a)](1) Be accessible to a voter who is elderly or a voter with a disability; and

      [(b)](2) Have at least one voting booth that is:

             [(1)](I) Designed to allow a voter in a wheelchair to vote;

             [(2)](II) Designated for use by a voter who is elderly or a voter with a disability;

             [(3)](III) Equipped to allow a voter who is elderly or a voter with a disability to vote with the same privacy as a voter who is not elderly or as a voter without a disability; and

             [(4)](IV) Equipped with a mechanical recording device which directly records the votes electronically and which may be used by a voter with a disability [.] ; and

      (b) Either:

             (1) The polling place must have a separate line for voters with disabilities or who are not physically able to wait in line to vote. Voters in this separate line must be allowed to vote before any voter who is not disabled and is physically able to wait in line to vote; or

 


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ê2017 Statutes of Nevada, Page 1051 (Chapter 195, SB 117)ê

 

             (2) An election board officer at the polling place must allow voters with disabilities or who are not physically able to wait in line to move to the front of the line of voters waiting to vote.

      2.  A polling place that does not comply with the provisions of paragraph (a) of subsection 1 may be used if necessary because of a natural disaster, including, without limitation, an earthquake, flood, fire or storm.

      3.  At each polling place, the county clerk is encouraged to:

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

      (b) Provide ballots in alternative audio and visual formats for use by a voter who is elderly or a voter with a disability; and

      (c) Provide, in alternative audio and visual formats for use by a voter who is elderly or a voter with a disability, all materials that are:

             (1) Related to the election; and

             (2) Made available to a voter in printed form at the polling place.

      4.  As an alternative to carrying out the functions described in subsection 3, if, in the opinion of the county clerk, the needs of voters who are elderly or disabled requiring the use of specially equipped voting devices will be best served by placing such devices at centralized voting locations, the county clerk may so provide. If the county clerk provides for the placement of specially equipped voting devices at centralized locations, a voter who is elderly or disabled and requires the use of such a device to be able to cast a ballot without assistance may cast his or her ballot at any centralized voting location designated by the county clerk.

      Sec. 2. NRS 293C.281 is hereby amended to read as follows:

      293C.281  1.  Except as otherwise provided in subsection 2, at all times during which a polling place is open [, the] :

      (a) The polling place must:

      [(a)](1) Be accessible to a voter who is elderly or a voter with a disability; and

      [(b)](2) Have at least one voting booth that is:

             [(1)](I) Designed to allow a voter in a wheelchair to vote;

             [(2)](II) Designated for use by a voter who is elderly or a voter with a disability;

             [(3)](III) Equipped to allow a voter who is elderly or a voter with a disability to vote with the same privacy as a voter who is not elderly or as a voter without a disability; and

             [(4)](IV) Equipped with a mechanical recording device which directly records the votes electronically and which may be used by persons with disabilities [.] ; and

      (b) Either:

             (1) The polling place must have a separate line for voters with disabilities or who are not physically able to wait in line to vote. Voters in this separate line must be allowed to vote before any voter who is not disabled and is physically able to wait in line to vote; or

             (2) An election board officer at the polling place must allow voters with disabilities or who are not physically able to wait in line to move to the front of the line of voters waiting to vote.

      2.  A polling place that does not comply with the provisions of paragraph (a) of subsection 1 may be used if necessary because of a natural disaster, including, without limitation, an earthquake, flood, fire or storm.

      3.  At each polling place, the city clerk is encouraged to:

 


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ê2017 Statutes of Nevada, Page 1052 (Chapter 195, SB 117)ê

 

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

      (b) Provide ballots in alternative audio and visual formats for use by a voter who is elderly or a voter with a disability; and

      (c) Provide, in alternative audio and visual formats for use by a voter who is elderly or a voter with a disability, all materials that are:

             (1) Related to the election; and

             (2) Made available to a voter in printed form at the polling place.

      4.  As an alternative to carrying out the functions described in subsection 3, if, in the opinion of the city clerk, the needs of voters who are elderly or disabled requiring the use of specially equipped voting devices will be best served by placing such devices at centralized voting locations, the city clerk may so provide. If the city clerk provides for the placement of specially equipped voting devices at centralized locations, a voter who is elderly or disabled and requires the use of such a device to be able to cast a ballot without assistance may cast his or her ballot at any centralized voting location designated by the city clerk.

________

CHAPTER 196, SB 182

Senate Bill No. 182–Senator Parks (by request)

 

CHAPTER 196

 

[Approved: May 27, 2017]

 

AN ACT relating to local law enforcement agencies; revising provisions governing the fees charged by a sheriff or constable; prohibiting a deputy constable from being a bail agent, bail enforcement agent or bail solicitor; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for a summary eviction procedure when the tenant of any dwelling, apartment, mobile home, recreational vehicle or commercial premises with periodic rent due by the month or shorter period defaults in the payment of rent. Existing law authorizes a sheriff or constable to serve certain notices during a summary eviction. (NRS 40.253) Additionally, existing law authorizes a sheriff or a constable to charge and collect certain fees for serving notices required by law, before the commencement of a proceeding for any type of eviction. Further, existing law provides that a constable is entitled to a $21 fee for each service in a summary eviction, except service of any notice required by law before the commencement of the proceeding, and for serving notice of and executing a writ of restitution. (NRS 248.275, 258.125) Section 1 of this bill authorizes a sheriff to charge and collect the same $21 fee that a constable is entitled to collect for each service in a summary eviction, except service of any notice required by law before commencement of the proceeding, and for serving notice of and executing a writ of restitution.

      Existing law requires a sheriff or constable to mail a notice of a writ of execution before levying on the property of a judgment debtor. (NRS 21.075, 21.076, 21.111) Existing law also authorizes a sheriff to charge and collect a $2 fee for mailing a notice of a writ of execution. (NRS 248.275) Section 2 of this bill entitles a constable to collect the same $2 fee that a sheriff is authorized to collect for mailing such a notice.

 


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ê2017 Statutes of Nevada, Page 1053 (Chapter 196, SB 182)ê

 

      Under existing law, jailers, police officers, justices of the peace, municipal judges, sheriffs, deputy sheriffs and constables are not authorized to be bail agents, bail enforcement agents or bail solicitors. Existing law prohibits such persons from receiving any benefits, directly or indirectly, from the execution of any bail bond. (NRS 697.340) Section 2.5 of this bill adds deputy constables to the list of persons who are not authorized to be bail agents, bail enforcement agents or bail solicitors and prohibits deputy constables from receiving any benefits, directly or indirectly, from the execution of any bail bond.

 

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 248.275 is hereby amended to read as follows:

      248.275  1.  The sheriff of each county in this State may charge and collect the following fees:

 

For serving a summons or complaint, or any other process, by which an action or proceeding is commenced, except as a writ of habeas corpus, on every defendant.......................................... $17

For traveling and making such service, per mile in going only, to be computed in all cases the distance actually traveled, for each mile.................................................................................................. 2

If any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only may be charged.

For taking a bond or undertaking in any case in which the sheriff is authorized to take a bond or undertaking  5

For a copy of any writ, process or other paper, if demanded or required by law, for each page    3

For serving every rule or order.................................................................. 15

For serving one notice required by law before the commencement of a proceeding for any type of eviction      26

For serving not fewer than 2 nor more than 10 such notices to the same location, each notice     20

For serving not fewer than 11 nor more than 24 such notices to the same location, each notice   17

For serving 25 or more such notices to the same location, each notice 15

For mileage in serving such a notice, for each mile necessarily and actually traveled in going only    2

But if two or more notices are served at the same general location during the same period, mileage may only be charged for the service of one notice.

For each service in a summary eviction, except service of any notice required by law before the commencement of the proceeding, and for serving notice of and executing a writ of restitution  21

For serving a subpoena, for each witness summoned.......................... 15

 


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ê2017 Statutes of Nevada, Page 1054 (Chapter 196, SB 182)ê

 

For traveling, per mile in serving subpoenas, or a venire, in going only, for each mile   $2

When two or more witnesses or jurors live in the same direction, traveling fees must be charged only for the most distant.

For serving an attachment on property, or levying an execution, or executing an order of arrest or order for the delivery of personal property, together with traveling fees, as in cases of summons      15

For making and posting notices and advertising for sale, on execution or any judgment or order of sale, not to include the cost of publication in a newspaper................................................... 15

For issuing each certificate of sale of property on execution or order of sale, and for recording the original certificate with the county recorder, which must be collected from the party receiving the certificate  5

For drawing and executing every sheriff’s deed, to be paid by the grantee, who shall in addition pay for the acknowledgment thereof.................................................................................................... 20

For serving a writ of possession or restitution, putting any person into possession entitled thereto      21

For traveling in the service of any process, not otherwise provided in this section, for each mile necessarily traveled, for going only, for each mile.................................................................................. 2

For mailing a notice of a writ of execution............................................... 2

 

Ê The sheriff may charge and collect $2 per mile traveled, for going only, on all papers not served, where reasonable effort has been made to effect service, but not to exceed $20.

      2.  The sheriff may also charge and collect:

      (a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised or sold, on the first $500, 4 percent; on any sum in excess of $500, and not exceeding $1,000, 2 percent; on all sums above that amount, 1 percent.

      (b) For commissions for receiving and paying over money on executions without levy, or where the lands or goods levied on are not sold, on the first $3,500, 2 percent, and on all amounts over that sum, one-half of 1 percent.

      (c) For service of any process in a criminal case, or of a writ of habeas corpus, the same mileage as in civil cases, to be allowed, audited and paid as are other claims against the county.

      (d) For all services in justice courts, the same fees as are allowed in subsection 1 and paragraphs (a), (b) and (c) of this subsection.

      3.  The sheriff is also entitled to further compensation for his or her trouble and expense in taking possession of property under attachment, execution or other process and of preserving the property, as the court from which the writ or order may issue certifies to be just and reasonable.

      4.  In service of a subpoena or a venire in criminal cases, the sheriff is entitled to receive mileage for the most distant only, where witnesses and jurors live in the same direction.

      5.  The fees allowed for the levy of an execution, for advertising and for making and collecting money on an execution or order of sale, must be collected from the defendants, by virtue of the execution or order of sale, in the same manner as the execution is directed to be made.

 


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ê2017 Statutes of Nevada, Page 1055 (Chapter 196, SB 182)ê

 

collected from the defendants, by virtue of the execution or order of sale, in the same manner as the execution is directed to be made.

      6.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, all fees collected by a sheriff must be paid into the county treasury of his or her county on or before the fifth working day of the month next succeeding the month in which the fees are collected.

      Sec. 2. NRS 258.125 is hereby amended to read as follows:

      258.125  1.  Constables are entitled to the following fees for their services:

 

For serving a summons or other process by which a suit is commenced in civil cases   $17

For summoning a jury before a justice of the peace.............................. 7

For taking a bond or undertaking............................................................... 5

For serving an attachment against the property of a defendant....... 15

For serving subpoenas, for each witness................................................. 15

For a copy of any writ, process or order or other paper, when demanded or required by law, per folio     3

For drawing and executing every constable’s deed, to be paid by the grantee, who must also pay for the acknowledgment thereof.................................................................................................... 20

For each certificate of sale of real property under execution............... 5

For levying any writ of execution or writ of garnishment, or executing an order of arrest in civil cases, or order for delivery of personal property, with traveling fees as for summons................. 15

For serving one notice required by law before the commencement of a proceeding for any type of eviction      26

For serving not fewer than 2 nor more than 10 such notices to the same location, each notice     20

For serving not fewer than 11 nor more than 24 such notices to the same location, each notice   17

For serving 25 or more such notices to the same location, each notice 15

Except as otherwise provided in subsection 3, for mileage in serving such a notice, for each mile necessarily and actually traveled in going only............................................................................. 2

But if two or more notices are served at the same general location during the same period, mileage may only be charged for the service of one notice.

For each service in a summary eviction, except service of any notice required by law before commencement of the proceeding, and for serving notice of and executing a writ of restitution      21

For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper.............................................................................................. 15

For each warrant lawfully executed, unless a higher amount is established by the board of county commissioners       48

For mailing a notice of a writ of execution............................................ 2

 


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ê2017 Statutes of Nevada, Page 1056 (Chapter 196, SB 182)ê

 

Except as otherwise provided in subsection 3, for mileage in serving summons, attachment, execution, order, venire, subpoena, notice, summary eviction, writ of restitution or other process in civil suits, for each mile necessarily and actually traveled, in going only.......................................................... $2

But when two or more persons are served in the same suit, mileage may only be charged for the most distant, if they live in the same direction.

Except as otherwise provided in subsection 3, for mileage in making a diligent but unsuccessful effort to serve a summons, attachment, execution, order, venire, subpoena or other process in civil suits, for each mile necessarily and actually traveled, in going only............................................................................ 2

But mileage may not exceed $20 for any unsuccessful effort to serve such process.

 

      2.  A constable is also entitled to receive:

      (a) For receiving and taking care of property on execution, attachment or order, and for executing an order of arrest in civil cases, the constable’s actual necessary expenses, to be allowed by the court which issued the writ or order, upon the affidavit of the constable that the charges are correct and the expenses necessarily incurred.

      (b) For collecting all sums on execution or writ, to be charged against the defendant, on the first $3,500, 2 percent thereof, and on all amounts over that sum, one-half of 1 percent.

      (c) For service in criminal cases, the same fees as are allowed sheriffs for like services, to be allowed, audited and paid as are other claims against the county.

      (d) For removing or causing the removal of, pursuant to NRS 487.230, a vehicle that has been abandoned on public property, $100.

      (e) For providing any other service authorized by law for which no fee is established by this chapter, the fee provided for by ordinance by the board of county commissioners.

      3.  For each service for which a constable is otherwise entitled pursuant to subsection 1 to a fee based on the mileage necessarily and actually traveled in performing the service, a board of county commissioners may provide by ordinance for the constable to be entitled, at the option of the person paying the fee, to a flat fee for the travel costs of that service.

      4.  Deputy sheriffs acting as constables are not entitled to retain for their own use any fees collected by them, but the fees must be paid into the county treasury on or before the fifth working day of the month next succeeding the month in which the fees were collected.

      5.  Constables shall, on or before the fifth working day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.

 

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 1057 (Chapter 196, SB 182)ê

 

      Sec. 2.5. NRS 697.340 is hereby amended to read as follows:

      697.340  1.  A bail agent, general agent or bail solicitor shall not:

      (a) Suggest or advise the employment of or name for employment any particular attorney to represent his or her principal.

      (b) Solicit business in or about any place where prisoners are confined or in or about any court.

      (c) Pay a fee or rebate or give or promise anything of value to any person in order to secure a settlement, compromise, remission or reduction of the amount of any undertaking or bail bond.

      (d) Pay a fee or rebate or give anything of value to an attorney in bail bond matters, except for legal services actually rendered.

      (e) Pay a fee or rebate or give or promise anything of value to the principal or anyone in his or her behalf.

      (f) Participate in the capacity of an attorney at a trial or hearing of a person on whose bond the bail agent, general agent or bail solicitor is surety, except for the purposes of surrendering the defendant, making motions to set aside orders of bail forfeitures and motions to exonerate bails and protecting his or her financial interest in such a bond.

      2.  The following persons may not be bail agents, bail enforcement agents or bail solicitors and shall not, directly or indirectly, receive any benefits from the execution of any bail bond:

      (a) Jailers;

      (b) Police officers;

      (c) Justices of the peace;

      (d) Municipal judges;

      (e) Sheriffs, deputy sheriffs , [and] constables [;] and deputy constables;

      (f) Any person having the power to arrest or having anything to do with the control of federal, state, county or municipal prisoners; and

      (g) Trustees or prisoners incarcerated in any jail, prison or any other place used for the incarceration of persons.

      3.  A bail agent shall not sign or countersign in blank any bond, or give the power of attorney to, or otherwise authorize, anyone to countersign the name of the bail agent to bonds unless the person so authorized is a licensed agent directly employed by the agent giving the power of attorney.

      4.  A bail agent, bail enforcement agent, bail solicitor or general agent shall not advertise or hold himself or herself out to be a surety insurance company.

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

________

 

 


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ê2017 Statutes of Nevada, Page 1058ê

 

CHAPTER 197, SB 188

Senate Bill No. 188–Senators Parks; Cannizzaro and Ford

 

CHAPTER 197

 

[Approved: May 27, 2017]

 

AN ACT relating to discrimination; revising existing provisions that prohibit various types of discrimination to include discrimination on the basis of sexual orientation and gender identity or expression; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill revises provisions of existing law that prohibit various types of discrimination and discriminatory practices to include gender identity or expression and sexual orientation. Sections 4 and 5 of this bill define the terms “gender identity or expression” and “sexual orientation,” respectively, and make those definitions applicable to the Nevada Revised Statutes as a whole.

      Sections 1 and 2 of this bill revise provisions governing the Nevada Equal Rights Commission by: (1) requiring the membership of the Commission to be representative of groups based on sexual orientation and gender identity or expression; and (2) revising the Commission’s duties to include fostering mutual understanding, studying problems between and securing the cooperation of groups based upon sexual orientation and gender identity or expression. (NRS 233.040, 233.140)

      Existing law makes voidable certain discriminatory provisions in a written instrument relating to real property that purport to forbid or restrict the conveyance, encumbrance, leasing or mortgaging or purports to limit, restrict or prohibit the use or occupation of the real property. (NRS 111.237) Section 6 of this bill makes such provisions voidable when based on sexual orientation or gender identity or expression.

      Under existing law, certain persons may file a petition in a child custody proceeding seeking abduction prevention measures to protect the child. (NRS 125D.150) Section 7 of this bill adds to the list of factors for consideration by the court by requiring consideration of whether the petitioner or respondent is likely to take the child to a country that restricts travel or exiting the country based on the sexual orientation or gender identity or expression of either the petitioner or the child. (NRS 125D.180)

      Section 8 of this bill adds an offender’s sexual orientation and gender identity or expression to the elements considered by the Advisory Commission on the Administration of Justice when reviewing whether offenders receive disparate sentences and recommending changes to the structure of sentencing. (NRS 176.0125)

      Section 9 of this bill revises the circumstances under which murder of the first degree may be aggravated by adding the circumstance if the murder was committed upon the person because of his or her actual or perceived gender identity or expression. (NRS 200.033)

      Section 10 of this bill expands the subject matter of publications offenders are prohibited from possessing or receiving while in custody by including publications that encourage or glamorize violence against persons of a particular sexual orientation or gender identity or expression. (NRS 209.365)

      Section 11 of this bill revises the eligibility requirements for a grant from the Account for Aid for Victims of Domestic Violence by requiring a nonprofit corporation applying for a grant to provide its services without discrimination on the basis of sexual orientation or gender identity or expression. (NRS 217.420)

      Existing law requires the Executive Director of the Office of Economic Development and authorizes a state agency to adopt regulations exempting a business within specially benefited zones from certain regulations. (NRS 274.110-274.130) Section 12 of this bill revises the exceptions to the exemptions by providing that a business may not be exempt from a regulation adopted pursuant to a statute whose purpose is the protection of persons against discrimination based on sexual orientation and gender identity or expression.

 


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ê2017 Statutes of Nevada, Page 1059 (Chapter 197, SB 188)ê

 

business may not be exempt from a regulation adopted pursuant to a statute whose purpose is the protection of persons against discrimination based on sexual orientation and gender identity or expression. (NRS 274.140)

      Sections 13-15 of this bill revise provisions governing the state personnel system and relations with local government employers to prohibit discrimination on the basis of sexual orientation or gender identity or expression. (NRS 284.150, 284.385, 288.270)

      Section 16 of this bill revises the definition of “eligible family” for purposes of determining eligibility for assistance with low-income housing to include a person or family selected without regard to sexual orientation or gender identity or expression. (NRS 319.060)

      Existing law exempts certain organizations, in addition to those defined by law as charitable corporations, from taxation on certain personal and real property, including any corporation that, among other factors, where indigent persons may receive medical care and attention without regard to race or color. (NRS 361.140) Section 17 of this bill adds the requirement that indigent persons may receive medical care and attention without regard to sexual orientation or gender identity or expression.

      Section 18 of this bill revises the restrictions for commercial advertising on a school bus by prohibiting advertising that attacks groups based on sexual orientation or gender identity or expression. (NRS 386.845)

      Sections 19-22 of this bill prohibit discrimination based upon the sexual orientation or gender identity or expression for enrollment in a charter school, achievement charter school, university school for profoundly gifted pupils or the Nevada System of Higher Education. (NRS 388A.453, 388B.060, 388C.010, 396.530)

      Section 23 of this bill revises the declaration of policy of the State that there must be an equality of treatment and opportunity for all persons in the Nevada National Guard to also include without regard to gender identity or expression.

      Sections 25-27 of this bill revise provisions governing the administration of gaming and gaming establishments to prohibit discrimination based upon sexual orientation or gender identity or expression. (NRS 463.151, 463.15995, 463.4076)

      Section 28 of this bill adds to the grounds for disciplinary action by the Real Estate Commission against a person licensed by the Commission, property manager or owner-developer if that person refuses to show, sell or rent any real estate for sale or rent to a qualified purchaser or renter based on his or her sexual orientation or gender identity or expression. (NRS 645.635)

      Sections 29 of this bill prohibits a polygraph examiner or intern from inquiring about the sexual orientation or gender identity or expression of the person examined unless such information is germane to the issue under investigation and the inquiries are made at the request of the examinee. (NRS 648.193)

      Section 30 of this bill amends existing law by prohibiting an insurer that uses a consumer credit report from calculating an insurance score based on a person’s sexual orientation or gender identity or expression. (NRS 686A.680) Section 31 of this bill revises the type of risk classifications used by insurers to prohibit an insurer from using classifications based on sexual orientation or gender identity or expression. (NRS 686B.060) Section 32 of this bill prohibits an insurer from cancelling or refusing to renew a policy of automobile liability insurance based solely upon the sexual orientation or gender identity or expression of the insured and, by reference, makes it an unfair practice in settling claims. (NRS 687B.390) Under existing law, the Commissioner of Insurance is authorized to issue a certificate of registration to a voluntary purchasing group that meets certain requirements. Section 33 of this bill revises those requirements by including a prohibition on differentiating among members of the group based on the sexual orientation or gender identity or expression of a member. (NRS 689C.520)

      Section 34 of this bill amends the Charter of the City of Sparks to add a person’s gender identity or expression, as defined by section 4, to the circumstances under which a person shall not be appointed or removed from, or favored or discriminated against a City position or appointive administrative office. (Sparks City Charter § 1.130)

 


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ê2017 Statutes of Nevada, Page 1060 (Chapter 197, SB 188)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 233.040 is hereby amended to read as follows:

      233.040  The members of the Commission must be representative of [religious, disabled, racial and ethnic] all groups [of] , including, without limitation, those based on religion, disability, race, ethnicity, sexual orientation, and gender identity or expression, and representative of both sexes in the State.

      Sec. 2.  NRS 233.140 is hereby amended to read as follows:

      233.140  The Commission shall:

      1.  Foster mutual understanding and respect among all [racial, religious, disabled and ethnic] groups , including, without limitation, those based on race, religion, disability, ethnicity, sexual orientation and gender identity or expression, and between the sexes in the State.

      2.  Aid in securing equal health and welfare services and facilities for all the residents of the State without regard to race, religion, sex, sexual orientation, gender identity or expression, age, disability or nationality.

      3.  Study problems arising between groups within the State which may result in tensions, discrimination or prejudice because of race, color, creed, sex, sexual orientation, gender identity or expression, age, disability, national origin or ancestry, and formulate and carry out programs of education and disseminate information with the object of discouraging and eliminating any such tensions, prejudices or discrimination.

      4.  Secure the cooperation of various [racial, religious, disabled, nationality and ethnic] groups, including, without limitation, those based on race, religion, sex, sexual orientation, gender identity or expression, age, disability, nationality and ethnicity, veterans’ organizations, labor organizations, business and industry organizations and fraternal, benevolent and service groups, in educational campaigns devoted to the need for eliminating group prejudice, racial or area tensions, intolerance or discrimination.

      5.  Cooperate with and seek the cooperation of federal and state agencies and departments in carrying out projects within their respective authorities to eliminate intergroup tensions and to promote intergroup harmony.

      Sec. 3. The preliminary chapter of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.

      Sec. 4. Except as otherwise expressly provided in a particular statute or required by the context, “gender identity or expression” and any variation of that term means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.

      Sec. 5. Except as otherwise expressly provided in a particular statute or required by the context, “sexual orientation” and any variation of that term means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

      Sec. 6. NRS 111.237 is hereby amended to read as follows:

      111.237  1.  Every provision in a written instrument relating to real property which purports to forbid or restrict the conveyance, encumbrance, leasing or mortgaging of such real property to any person of a specified race, color, religion, ancestry , [or] national origin , sexual orientation, or gender identity or expression is voidable by the grantee, the grantee’s successors and assigns in the manner prescribed in subsection 3 and every restriction or prohibition as to the use or occupation of real property because of the user’s or occupier’s race, color, religion, ancestry , [or] national origin , sexual orientation, or gender identity or expression is voidable by the grantee, the grantee’s successors and assigns in the manner prescribed in subsection 3.

 


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ê2017 Statutes of Nevada, Page 1061 (Chapter 197, SB 188)ê

 

leasing or mortgaging of such real property to any person of a specified race, color, religion, ancestry , [or] national origin , sexual orientation, or gender identity or expression is voidable by the grantee, the grantee’s successors and assigns in the manner prescribed in subsection 3 and every restriction or prohibition as to the use or occupation of real property because of the user’s or occupier’s race, color, religion, ancestry , [or] national origin , sexual orientation, or gender identity or expression is voidable by the grantee, the grantee’s successors and assigns in the manner prescribed in subsection 3.

      2.  Every restriction or prohibition, whether by way of covenant, condition upon use or occupation, or upon transfer of title to real property, which restriction or prohibition directly or indirectly limits the acquisition, use or occupation of such property because of the acquirer’s, user’s or occupier’s race, color, religion, ancestry , [or] national origin , sexual orientation, or gender identity or expression is voidable by the grantee, the grantee’s successors and assigns in the manner prescribed in subsection 3.

      3.  The owner or owners of any real property subject to any restriction or prohibition specified in subsections 1 and 2 may record an affidavit declaring such restrictions or prohibitions to be void in the office of the county recorder in which such real property is located, and such recording shall operate to remove such restrictions or prohibitions.

      Sec. 7. NRS 125D.180 is hereby amended to read as follows:

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

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

      (b) Has threatened to abduct the child;

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

             (1) Abandoning employment;

             (2) Selling a primary residence;

             (3) Terminating a lease;

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

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

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

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

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

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

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

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

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

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

 


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ê2017 Statutes of Nevada, Page 1062 (Chapter 197, SB 188)ê

 

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

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

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

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

             (4) Has laws or practices that would:

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

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

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

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

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

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

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

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

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

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

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

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

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

      Sec. 8. NRS 176.0125 is hereby amended to read as follows:

      176.0125  The Commission shall:

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

 


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ê2017 Statutes of Nevada, Page 1063 (Chapter 197, SB 188)ê

 

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

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

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

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

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

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

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

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

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

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

      (a) Policies relating to parole;

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

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

      (d) Budgetary issues; and

      (e) Other related matters.

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

 


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ê2017 Statutes of Nevada, Page 1064 (Chapter 197, SB 188)ê

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 


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ê2017 Statutes of Nevada, Page 1065 (Chapter 197, SB 188)ê

 

      Sec. 9. NRS 200.033 is hereby amended to read as follows:

      200.033  The only circumstances by which murder of the first degree may be aggravated are:

      1.  The murder was committed by a person under sentence of imprisonment.

      2.  The murder was committed by a person who, at any time before a penalty hearing is conducted for the murder pursuant to NRS 175.552, is or has been convicted of:

      (a) Another murder and the provisions of subsection 12 do not otherwise apply to that other murder; or

      (b) A felony involving the use or threat of violence to the person of another and the provisions of subsection 4 do not otherwise apply to that felony.

Ê For the purposes of this subsection, a person shall be deemed to have been convicted at the time the jury verdict of guilt is rendered or upon pronouncement of guilt by a judge or judges sitting without a jury.

      3.  The murder was committed by a person who knowingly created a great risk of death to more than one person by means of a weapon, device or course of action which would normally be hazardous to the lives of more than one person.

      4.  The murder was committed while the person was engaged, alone or with others, in the commission of, or an attempt to commit or flight after committing or attempting to commit, any robbery, arson in the first degree, burglary, invasion of the home or kidnapping in the first degree, and the person charged:

      (a) Killed or attempted to kill the person murdered; or

      (b) Knew or had reason to know that life would be taken or lethal force used.

      5.  The murder was committed to avoid or prevent a lawful arrest or to effect an escape from custody.

      6.  The murder was committed by a person, for himself or herself or another, to receive money or any other thing of monetary value.

      7.  The murder was committed upon a peace officer or firefighter who was killed while engaged in the performance of his or her official duty or because of an act performed in his or her official capacity, and the defendant knew or reasonably should have known that the victim was a peace officer or firefighter. For the purposes of this subsection, “peace officer” means:

      (a) An employee of the Department of Corrections who does not exercise general control over offenders imprisoned within the institutions and facilities of the Department, but whose normal duties require the employee to come into contact with those offenders when carrying out the duties prescribed by the Director of the Department.

      (b) Any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, when carrying out those powers.

      8.  The murder involved torture or the mutilation of the victim.

      9.  The murder was committed upon one or more persons at random and without apparent motive.

      10.  The murder was committed upon a person less than 14 years of age.

      11.  The murder was committed upon a person because of the actual or perceived race, color, religion, national origin, physical or mental disability , [or] sexual orientation , or gender identity or expression of that person.

 


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      12.  The defendant has, in the immediate proceeding, been convicted of more than one offense of murder in the first or second degree. For the purposes of this subsection, a person shall be deemed to have been convicted of a murder at the time the jury verdict of guilt is rendered or upon pronouncement of guilt by a judge or judges sitting without a jury.

      13.  The person, alone or with others, subjected or attempted to subject the victim of the murder to nonconsensual sexual penetration immediately before, during or immediately after the commission of the murder. For the purposes of this subsection:

      (a) “Nonconsensual” means against the victim’s will or under conditions in which the person knows or reasonably should know that the victim is mentally or physically incapable of resisting, consenting or understanding the nature of his or her conduct, including, but not limited to, conditions in which the person knows or reasonably should know that the victim is dead.

      (b) “Sexual penetration” means cunnilingus, fellatio or any intrusion, however slight, of any part of the victim’s body or any object manipulated or inserted by a person, alone or with others, into the genital or anal openings of the body of the victim, whether or not the victim is alive. The term includes, but is not limited to, anal intercourse and sexual intercourse in what would be its ordinary meaning.

      14.  The murder was committed on the property of a public or private school, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties by a person who intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person. For the purposes of this subsection, “school bus” has the meaning ascribed to it in NRS 483.160.

      15.  The murder was committed with the intent to commit, cause, aid, further or conceal an act of terrorism. For the purposes of this subsection, “act of terrorism” has the meaning ascribed to it in NRS 202.4415.

      Sec. 10. NRS 209.365 is hereby amended to read as follows:

      209.365  1.  The Director shall adopt, with the approval of the Board, regulations establishing and governing a program, to be carried out within each facility and institution, to prevent an offender from possessing or receiving a publication which is detrimental to the offender’s rehabilitation or which has the potential to disrupt security or promote violence or disorder in the facility or institution because the subject matter of the publication:

      (a) Is sexually explicit;

      (b) Is graphically violent; or

      (c) Encourages or glamorizes:

             (1) Crime;

             (2) The activities of a criminal gang; or

             (3) Violence against law enforcement, women, children or members of a particular religion, ethnic group or race [.] or persons of a particular sexual orientation or gender identity or expression.

      2.  The regulations must provide that if an offender is prohibited from possessing or receiving a publication pursuant to this section, the offender possessing or receiving the publication must be provided with notice of the determination and an opportunity to appeal the determination. An appeal may be summarily denied if the appeal involves a publication that is similar to a publication that previously has been prohibited.

 


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      3.  The establishment of the program required pursuant to this section does not affect:

      (a) The authority of the Department to review materials that are possessed or received by an offender, including, but not limited to, publications, for any other lawful purpose or reason; or

      (b) The procedures used by the Department to conduct such reviews.

      4.  The Department and its officers, employees and independent contractors are immune from liability for damages arising from an act or omission that allows an offender to possess or receive a publication that is prohibited pursuant to this section.

      5.  As used in this section:

      (a) “Criminal gang” has the meaning ascribed to it in NRS 213.1263.

      (b) “Publication” means a book, magazine, newsletter, bulletin, pamphlet or other similar item as determined by the Director.

      Sec. 11. NRS 217.420 is hereby amended to read as follows:

      217.420  To be eligible for a grant from the Account for Aid for Victims of Domestic Violence, an applicant must:

      1.  Be a nonprofit corporation, incorporated or qualified in this state.

      2.  Be governed by a board of trustees which reflects the racial, ethnic, economic and social composition of the county to be served and includes at least one trustee who has been a victim of domestic violence.

      3.  Receive at least 15 percent of its money from sources other than the Federal Government, the State, any local government or other public body or their instrumentalities. Any goods or services which are contributed to the organization may be assigned their reasonable monetary value for the purpose of complying with the requirement of this subsection.

      4.  Provide its services exclusively for victims of domestic violence and only within this state.

      5.  Require its employees and volunteer assistants to maintain the confidentiality of any information which would identify persons receiving the services.

      6.  Provide its services without any discrimination on the basis of race, religion, color, age, sex, sexual orientation, gender identity or expression, marital status, national origin or ancestry.

      7.  Be able to provide:

      (a) Except in counties whose population is less than 100,000, shelter to victims on any day, at any hour.

      (b) A telephone service capable of receiving emergency calls on any day, at any hour.

      (c) Except in counties whose population is less than 100,000, facilities where food can be stored and prepared.

      (d) Counseling, or make referrals for counseling, for victims or spouses of victims and their children.

      (e) Assistance to victims in obtaining legal, medical, psychological or vocational help.

      (f) Education and training for members of the community on matters which relate to domestic violence.

      Sec. 12. NRS 274.140 is hereby amended to read as follows:

      274.140  1.  The provisions of NRS 274.110, 274.120 and subsection 1 of NRS 274.130 do not apply to regulations adopted pursuant to any statute whose purpose is the protection of the environment, the preservation of historic places and landmarks, or the protection of persons against discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, marital status, national origin or handicap.

 


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discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, marital status, national origin or handicap.

      2.  No exemption, modification or alternative to any regulation adopted under NRS 274.110, 274.120 or 274.130 is effective which:

      (a) Presents a significant risk to the health or safety of persons resident in or employed within a specially benefited zone;

      (b) Conflicts with federal law or regulations such that the State, or any local government or any area of the State other than specially benefited zones, or any business located outside of a specially benefited zone would be disqualified from a federal program or from federal tax benefits or other benefits;

      (c) Suspends or modifies a regulation specifically required by law; or

      (d) Eliminates or reduces benefits to persons who are residents of or employed within a zone.

      Sec. 13. NRS 284.150 is hereby amended to read as follows:

      284.150  1.  The classified service of the State of Nevada is comprised of all positions in the public service now existing or hereafter created which are:

      (a) Lawfully designated as being in the classified service; and

      (b) Filled according to merit and fitness from eligible lists prepared upon the basis of examination, which must be open and competitive, except as otherwise provided in this chapter and NRS 209.161.

      2.  Except as otherwise provided in NRS 193.105, 209.161 and 416.070, a person must not be appointed, transferred, promoted, demoted or discharged in the classified service in any manner or by any means other than those prescribed in this chapter and the regulations adopted in accordance therewith.

      3.  A person must not be discriminated against on account of the person’s religious opinions or affiliations, race, sex, sexual orientation, gender identity or expression, age or disability.

      Sec. 14. NRS 284.385 is hereby amended to read as follows:

      284.385  1.  An appointing authority may:

      (a) Dismiss or demote any permanent classified employee when the appointing authority considers that the good of the public service will be served thereby.

      (b) Except as otherwise provided in NRS 284.148, suspend without pay, for disciplinary purposes, a permanent employee for a period not to exceed 30 days.

      2.  Before a permanent classified employee is dismissed, involuntarily demoted or suspended, the appointing authority must consult with the Attorney General or, if the employee is employed by the Nevada System of Higher Education, the appointing authority’s general counsel, regarding the proposed discipline. After such consultation, the appointing authority may take such lawful action regarding the proposed discipline as it deems necessary under the circumstances.

      3.  A dismissal, involuntary demotion or suspension does not become effective until the employee is notified in writing of the dismissal, involuntary demotion or suspension and the reasons therefor. The Commission shall adopt regulations setting forth the procedures for properly notifying the employee of the dismissal, involuntary demotion or suspension and the reasons therefor.

 


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      4.  No employee in the classified service may be dismissed for [religious or racial reasons.] any reason relating to his or her religion, race, sexual orientation, or gender identity or expression.

      Sec. 15. NRS 288.270 is hereby amended to read as follows:

      288.270  1.  It is a prohibited practice for a local government employer or its designated representative willfully to:

      (a) Interfere, restrain or coerce any employee in the exercise of any right guaranteed under this chapter.

      (b) Dominate, interfere or assist in the formation or administration of any employee organization.

      (c) Discriminate in regard to hiring, tenure or any term or condition of employment to encourage or discourage membership in any employee organization.

      (d) Discharge or otherwise discriminate against any employee because the employee has signed or filed an affidavit, petition or complaint or given any information or testimony under this chapter, or because the employee has formed, joined or chosen to be represented by any employee organization.

      (e) Refuse to bargain collectively in good faith with the exclusive representative as required in NRS 288.150. Bargaining collectively includes the entire bargaining process, including mediation and fact-finding, provided for in this chapter.

      (f) Discriminate because of race, color, religion, sex, sexual orientation, gender identity or expression, age, physical or visual handicap, national origin or because of political or personal reasons or affiliations.

      (g) Fail to provide the information required by NRS 288.180.

      2.  It is a prohibited practice for a local government employee or for an employee organization or its designated agent willfully to:

      (a) Interfere with, restrain or coerce any employee in the exercise of any right guaranteed under this chapter.

      (b) Refuse to bargain collectively in good faith with the local government employer, if it is an exclusive representative, as required in NRS 288.150. Bargaining collectively includes the entire bargaining process, including mediation and fact-finding, provided for in this chapter.

      (c) Discriminate because of race, color, religion, sex, sexual orientation, gender identity or expression, age, physical or visual handicap, national origin or because of political or personal reasons or affiliations.

      (d) Fail to provide the information required by NRS 288.180.

      Sec. 16. NRS 319.060 is hereby amended to read as follows:

      319.060  “Eligible family” means a person or family, selected without regard to race, creed, national origin , [or] sex, sexual orientation, or gender identity or expression, determined by the Division to require such assistance as is made available by this chapter on account of insufficient personal or family income after taking into consideration, without limitation, such factors as:

      1.  The amount of the total income of that person or family available for housing needs;

      2.  The size of the family;

      3.  The cost and condition of housing facilities available;

      4.  The ability of the person or family to compete successfully in the normal private housing market and to pay the amounts at which private enterprise is providing decent, safe and sanitary housing;

 


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      5.  If appropriate, standards established for various federal programs determining eligibility based on income of those persons and families; and

      6.  Service in the Armed Forces of the United States with a minimum of 90 days on active duty at some time between:

      (a) April 21, 1898, and June 15, 1903;

      (b) April 6, 1917, and November 11, 1918;

      (c) December 7, 1941, and December 31, 1946;

      (d) June 25, 1950, and January 31, 1955; or

      (e) January 1, 1961, and May 7, 1975,

Ê and at least 2 years’ continuous residence in Nevada immediately preceding any application for assistance under this chapter.

      Sec. 17. NRS 361.140 is hereby amended to read as follows:

      361.140  1.  In addition to the corporations defined by law to be charitable corporations there are hereby included:

      (a) Any corporation whose objects and purposes are religious, educational or for public charity and whose funds have been derived in whole or substantial part from grants or other donations from governmental entities or donations from the general public, or both, not including donations from any officer or trustee of the corporation; and

      (b) Any corporation prohibited by its articles of incorporation from declaring or paying dividends, and where the money received by it is devoted to the general purpose of charity and no portion of the money is permitted to inure to the benefit of any private person engaged in managing the charity, except reasonable compensation for necessary services actually rendered to the charity, and where indigent persons without regard to race , [or] color , sexual orientation, or gender identity or expression may receive medical care and attention without charge or cost.

      2.  All buildings belonging to a corporation defined in subsection 1, together with the land actually occupied by the corporation for the purposes described and the personal property actually used in connection therewith, are exempt from taxation when used solely for the purpose of the charitable corporation.

      Sec. 18. NRS 386.845 is hereby amended to read as follows:

      386.845  1.  A board of trustees of a school district may:

      (a) Authorize for commercial advertising the use of buses owned by the school district; and

      (b) Establish the fees and other terms and conditions which are applicable to such advertising.

      2.  Any advertising authorized pursuant to subsection 1:

      (a) Must conform with all applicable local ordinances regarding signs; and

      (b) Must not:

             (1) Promote hostility, disorder or violence;

             (2) Attack [ethnic, racial or religious] groups [;] on the basis of their ethnicity, race, religion, sexual orientation, or gender identity or expression;

             (3) Invade the rights of others;

             (4) Inhibit the functioning of the school;

             (5) Override the school’s identity;

             (6) Promote the use of controlled substances, dangerous drugs, intoxicating liquor, tobacco or firearms;

             (7) Promote any religious organization;

 


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             (8) Contain political advertising; or

             (9) Promote entertainment deemed improper or inappropriate by the board of trustees.

      3.  The board of trustees of each school district that receives money pursuant to subsection 1 shall establish a special revenue fund and direct that the money it receives pursuant to subsection 1 be deposited in that fund. Money in the fund must not be commingled with money from other sources. The board of trustees shall disburse the money in the fund to the schools within its district giving preference to the schools within the district that the district has classified as serving a significant proportion of pupils who are economically disadvantaged.

      4.  A school that receives money pursuant to subsection 3 shall expend the money only to purchase textbooks and laboratory equipment and to pay for field trips.

      Sec. 19. NRS 388A.453 is hereby amended to read as follows:

      388A.453  1.  An application for enrollment in a charter school may be submitted annually to the governing body of the charter school by the parent or legal guardian of any child who resides in this State.

      2.  Except as otherwise provided in subsections 1 to 5, inclusive, NRS 388A.336 and subsections 1 and 2 of NRS 388A.456, a charter school shall enroll pupils who are eligible for enrollment in the order in which the applications are received.

      3.  If the board of trustees of the school district in which the charter school is located has established zones of attendance pursuant to NRS 388.040, the charter school shall, if practicable, ensure that the racial composition of pupils enrolled in the charter school does not differ by more than 10 percent from the racial composition of pupils who attend public schools in the zone in which the charter school is located.

      4.  If a charter school is sponsored by the board of trustees of a school district located in a county whose population is 100,000 or more, except for a program of distance education provided by the charter school, the charter school shall enroll pupils who are eligible for enrollment who reside in the school district in which the charter school is located before enrolling pupils who reside outside the school district.

      5.  Except as otherwise provided in subsections 1 and 2 of NRS 388A.456, if more pupils who are eligible for enrollment apply for enrollment in the charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll pursuant to subsections 1 to 4, inclusive, on the basis of a lottery system.

      6.  Except as otherwise provided in subsection 9, a charter school shall not accept applications for enrollment in the charter school or otherwise discriminate based on the:

      (a) Race;

      (b) Gender;

      (c) Religion;

      (d) Ethnicity; [or]

      (e) Disability [,] ;

      (f) Sexual orientation; or

      (g) Gender identity or expression,

Ê of a pupil.

      7.  A lottery held pursuant to subsection 5 must be held not sooner than 45 days after the date on which a charter school begins accepting applications for enrollment unless the sponsor of the charter school determines there is good cause to hold it sooner.

 


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applications for enrollment unless the sponsor of the charter school determines there is good cause to hold it sooner.

      8.  If the governing body of a charter school determines that the charter school is unable to provide an appropriate special education program and related services for a particular disability of a pupil who is enrolled in the charter school, the governing body may request that the board of trustees of the school district of the county in which the pupil resides transfer that pupil to an appropriate school.

      9.  This section does not preclude the formation of a charter school that is dedicated to provide educational services exclusively to pupils:

      (a) With disabilities;

      (b) Who pose such severe disciplinary problems that they warrant a specific educational program, including, without limitation, a charter school specifically designed to serve a single gender that emphasizes personal responsibility and rehabilitation; or

      (c) Who are at risk.

Ê If more eligible pupils apply for enrollment in such a charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll pursuant to this subsection on the basis of a lottery system.

      Sec. 20. NRS 388B.060 is hereby amended to read as follows:

      388B.060  The Department shall adopt any regulations necessary or convenient to carry out the provisions of this chapter. The regulations may prescribe, without limitation:

      1.  The process by which the Executive Director will solicit the input of:

      (a) Members of the community in which a public school is located, including, without limitation, parents of pupils enrolled at the public school, before selecting the public school for conversion to an achievement charter school pursuant to NRS 388B.200; and

      (b) Parents of pupils enrolled at a public school that has been selected for conversion to an achievement charter school concerning the needs of such pupils before approving an application to operate the achievement charter school pursuant to NRS 388B.210.

      2.  The process by which the Executive Director will solicit applications to operate an achievement charter school and the procedure and criteria that the Executive Director must use when evaluating such applications.

      3.  The manner in which the Executive Director will monitor and evaluate pupil achievement and school performance of an achievement charter school.

      4.  The process by which the parent or legal guardian of a child may apply for enrollment in an achievement charter school, including, without limitation, the required contents of the application, and the criteria used to determine which pupils will be enrolled in the achievement charter school. An achievement charter school shall not accept applications for enrollment in the charter school or otherwise discriminate based on the race, gender, religion, ethnicity , [or] disability , sexual orientation, or gender identity or expression of a pupil.

      5.  Circumstances under which the governing body of a charter school may authorize a child who is enrolled in a public school of a school district or a private school or a homeschooled child to participate in a class at an achievement charter school that is not otherwise available to the child at his or her school or homeschool or participate in an extracurricular activity at the achievement charter school.

 


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achievement charter school that is not otherwise available to the child at his or her school or homeschool or participate in an extracurricular activity at the achievement charter school.

      6.  The procedure for converting an achievement charter school into a public school.

      Sec. 21. NRS 388C.010 is hereby amended to read as follows:

      388C.010  1.  The Legislature declares that the primary consideration of the Legislature when enacting legislation regarding the appropriate instruction of profoundly gifted pupils in Nevada is to pursue all suitable means for the promotion of intellectual, literary and scientific improvements to the system of public instruction in a manner that will best serve the interests of all pupils, including profoundly gifted pupils.

      2.  The Legislature further declares that there are pupils enrolled in the public middle schools, junior high schools and high schools in this State who are so profoundly gifted that their educational needs are not being met by the schools in which they are enrolled, and by participating in an accelerated program of education, these pupils may obtain early admission to university studies. These accelerated programs should be designed to address the different and distinct learning styles and needs of these profoundly gifted pupils.

      3.  It is the intent of the Legislature that participation in such accelerated programs of education for profoundly gifted pupils be open to all qualified applicants, regardless of race, culture, ethnicity , [or] economic means, sexual orientation, or gender identity or expression, and that specific criteria for admission into those programs be designed to determine the potential for success of an applicant.

      4.  It is further the intent of the Legislature to support and encourage the ongoing development of innovative educational programs and tools to improve the educational opportunities of profoundly gifted pupils, regardless of race, culture, ethnicity , [or] economic means , sexual orientation, or gender identity or expression and to increase the educational opportunities of pupils who are identified as profoundly gifted, gifted and talented, having special educational needs or being at risk for underachievement.

      Sec. 22. NRS 396.530 is hereby amended to read as follows:

      396.530  The Board of Regents shall not discriminate in the admission of students on account of national origin, religion, age, physical disability, sex, sexual orientation, gender identity or expression, race or color.

      Sec. 23. NRS 412.116 is hereby amended to read as follows:

      412.116  1.  The forces of the Nevada National Guard must be organized, armed, disciplined, governed, administered and trained as prescribed by applicable federal laws and regulations and Office regulations.

      2.  It hereby is declared to be the policy of the State that there must be an equality of treatment and opportunity for all persons in the Nevada National Guard without regard to race, creed, color, gender, sexual orientation , gender identity or expression, or national origin.

      3.  As used in this section, “sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

      Sec. 24. NRS 432.525 is hereby amended to read as follows:

      432.525  A child placed in a foster home by an agency which provides child welfare services has the right:

      1.  To receive information concerning his or her rights set forth in this section and NRS 432.530 and 432.535.

 


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      2.  To be treated with dignity and respect.

      3.  To fair and equal access to services, placement, care, treatment and benefits.

      4.  To receive adequate, healthy, appropriate and accessible food.

      5.  To receive adequate, appropriate and accessible clothing and shelter.

      6.  To receive appropriate medical care, including, without limitation:

      (a) Dental, vision and mental health services;

      (b) Medical and psychological screening, assessment and testing; and

      (c) Referral to and receipt of medical, emotional, psychological or psychiatric evaluation and treatment as soon as practicable after the need for such services has been identified.

      7.  To be free from:

      (a) Abuse or neglect, as defined in NRS 432B.020;

      (b) Corporal punishment, as defined in NRS 388.478;

      (c) Unreasonable searches of his or her personal belongings or other unreasonable invasions of privacy;

      (d) The administration of psychotropic medication unless the administration is consistent with NRS 432B.197 and the policies established pursuant thereto; and

      (e) Discrimination or harassment on the basis of his or her actual or perceived race, ethnicity, ancestry, national origin, color, religion, sex, sexual orientation, gender identity [,] or expression, mental or physical disability or exposure to the human immunodeficiency virus.

      8.  To attend religious services of his or her choice or to refuse to attend religious services.

      9.  Except for placement in a facility, as defined in NRS 432B.6072, not to be locked in any room, building or premise or to be subject to other physical restraint or isolation.

      10.  Except as otherwise prohibited by the agency which provides child welfare services:

      (a) To send and receive unopened mail; and

      (b) To maintain a bank account and manage personal income, consistent with the age and developmental level of the child.

      11.  To complete an identification kit, including, without limitation, photographing, and include the identification kit and his or her photograph in a file maintained by the agency which provides child welfare services and any employee thereof who provides child welfare services to the child.

      12.  To communicate with other persons, including, without limitation, the right:

      (a) To communicate regularly, but not less often than once each month, with an employee of the agency which provides child welfare services who provides child welfare services to the child;

      (b) To communicate confidentially with the agency which provides child welfare services to the child concerning his or her care;

      (c) To report any alleged violation of his or her rights pursuant to NRS 432.550 without being threatened or punished;

      (d) Except as otherwise prohibited by a court order, to contact a family member, social worker, attorney, advocate for children receiving foster care services or guardian ad litem appointed by a court or probation officer; and

      (e) Except as otherwise prohibited by a court order and to the extent practicable, to contact and visit his or her siblings, including siblings who have not been placed in foster homes and to have such contact arranged on a regular basis and on holidays, birthdays and other significant life events, unless such contact is contrary to the safety of the child or his or her siblings.

 


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regular basis and on holidays, birthdays and other significant life events, unless such contact is contrary to the safety of the child or his or her siblings.

      13.  Not to have contact or visitation with a sibling withheld as a form of punishment.

      Sec. 25. NRS 463.151 is hereby amended to read as follows:

      463.151  1.  The Legislature hereby declares that the exclusion or ejection of certain persons from licensed gaming establishments which conduct pari-mutuel wagering or operate any race book, sports pool or games, other than slot machines only, is necessary to effectuate the policies of this chapter and to maintain effectively the strict regulation of licensed gaming.

      2.  The Commission may by regulation provide for the establishment of a list of persons who are to be excluded or ejected from any licensed gaming establishment which conducts pari-mutuel wagering or operates any race book, sports pool or games, other than slot machines only. The list may include any person whose presence in the establishment is determined by the Board and the Commission to pose a threat to the interests of this state or to licensed gaming, or both.

      3.  In making that determination, the Board and the Commission may consider any:

      (a) Prior conviction of a crime which is a felony in this state or under the laws of the United States, a crime involving moral turpitude or a violation of the gaming laws of any state;

      (b) Violation or conspiracy to violate the provisions of this chapter relating to:

             (1) The failure to disclose an interest in a gaming establishment for which the person must obtain a license; or

             (2) Willful evasion of fees or taxes;

      (c) Notorious or unsavory reputation which would adversely affect public confidence and trust that the gaming industry is free from criminal or corruptive elements; or

      (d) Written order of a governmental agency which authorizes the exclusion or ejection of the person from an establishment at which gaming or pari-mutuel wagering is conducted.

      4.  Race, color, creed, national origin or ancestry, [or] sex , sexual orientation, or gender identity or expression must not be grounds for placing the name of a person upon the list.

      Sec. 26. NRS 463.15995 is hereby amended to read as follows:

      463.15995  1.  The Commission shall, with the advice and assistance of the Board, adopt regulations authorizing a gaming licensee to charge a fee for admission to an area in which gaming is conducted in accordance with the provisions of this section.

      2.  The regulations adopted by the Commission pursuant to this section must include, without limitation, provisions that:

      (a) A gaming licensee may not charge a fee pursuant to this section unless:

             (1) The Chair of the Board grants administrative approval of a request by a gaming licensee to charge such a fee; and

             (2) Such administrative approval is not revoked or suspended by the Chair of the Board.

      (b) The Chair of the Board may, in the Chair’s sole and absolute discretion, grant, deny, limit, condition, restrict, revoke or suspend any administrative approval of a request by a gaming licensee to charge a fee pursuant to this section.

 


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ê2017 Statutes of Nevada, Page 1076 (Chapter 197, SB 188)ê

 

administrative approval of a request by a gaming licensee to charge a fee pursuant to this section. In considering such a request, the Chair of the Board shall consider all relevant factors, including, without limitation:

             (1) The size of the area;

             (2) The amount of gaming that occurs within the area;

             (3) The types and quantity of gaming offered;

             (4) The business purpose of the area;

             (5) Other amenities that are offered within the area;

             (6) The amount of the costs and expenses incurred in creating the area;

             (7) The benefit to the State in having gaming conducted within the area;

             (8) The amount of the fee charged and whether the fee charged is unreasonable as compared to the prevailing practice within the industry; and

             (9) Whether the area should more appropriately be treated as a gaming salon.

Ê The decision of the Chair of the Board regarding such a request may be appealed by the gaming licensee to the Commission pursuant to its regulations.

      (c) A gaming licensee who charges a fee pursuant to this section:

             (1) Shall deposit with the Board and thereafter maintain a refundable revolving fund in an amount determined by the Commission to pay the expenses of admission of agents of the Board or Commission to the area for which a fee for admission is charged.

             (2) Shall arrange for access by agents of the Board or Commission to the area for which a fee for admission is charged.

             (3) Shall, at all times that a fee is charged for admission to an area pursuant to this section in an establishment for which a nonrestricted license has been issued, provide for the public at least the same number of gaming devices and games in a different area for which no fee is charged for admission.

             (4) Shall, at all times that a fee is charged for admission to an area pursuant to this section in an establishment for which a restricted license has been issued, post a sign of a suitable size in a conspicuous place near the entrance of the establishment that provides notice to patrons that they do not need to pay an admission fee or cover charge to engage in gaming.

             (5) Shall not use a fee charged for admission to create a private gaming area that is not operated in association or conjunction with a nongaming activity, attraction or facility.

             (6) Shall not restrict admission to the area for which a fee for admission is charged to a patron on the ground of race, color, religion, national origin , sexual orientation, gender identity or expression, or disability of the patron, and any unresolved dispute with a patron concerning restriction of admission shall be deemed a dispute as to the manner in which a game is conducted pursuant to NRS 463.362 and must be resolved pursuant to NRS 463.362 to 463.366, inclusive.

      (d) If a gaming licensee who holds a nonrestricted license charges a fee pursuant to this section, unless the area for which a fee for admission is charged is otherwise subject to the excise tax on admission to any facility in this State where live entertainment is provided pursuant to chapter 368A of NRS, the determination of the amount of the liability of the gaming licensee for that tax:

 


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ê2017 Statutes of Nevada, Page 1077 (Chapter 197, SB 188)ê

 

             (1) Includes the fees charged for admission pursuant to this section; and

             (2) Does not include charges for food, beverages and merchandise collected in the area for which admission is charged.

      Sec. 27. NRS 463.4076 is hereby amended to read as follows:

      463.4076  1.  The admission of a patron to a gaming salon:

      (a) May be restricted on the basis of the financial criteria of the patron as established by the licensee and approved by the Board; and

      (b) Must not be restricted on the basis of the race, color, religion, national origin, ancestry, physical disability , [or] sex , sexual orientation, or gender identity or expression of the patron.

      2.  Any unresolved dispute with a patron concerning restriction of admission to a gaming salon shall be deemed a dispute as to the manner in which a game is conducted pursuant to NRS 463.362 and must be resolved pursuant to NRS 463.362 to 463.366, inclusive.

      Sec. 28. NRS 645.635 is hereby amended to read as follows:

      645.635  The Commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of:

      1.  Offering real estate for sale or lease without the knowledge and consent of the owner or the owner’s authorized agent or on terms other than those authorized by the owner or the owner’s authorized agent.

      2.  Negotiating a sale, exchange or lease of real estate, or communicating after such negotiations but before closing, directly with a client if the person knows that the client has a brokerage agreement in force in connection with the property granting an exclusive agency, including, without limitation, an exclusive right to sell to another broker, unless permission in writing has been obtained from the other broker.

      3.  Failure to deliver within a reasonable time a completed copy of any purchase agreement or offer to buy or sell real estate to the purchaser or to the seller, except as otherwise provided in subsection 4 of NRS 645.254.

      4.  Failure to deliver to the seller in each real estate transaction, within 10 business days after the transaction is closed, a complete, detailed closing statement showing all of the receipts and disbursements handled by him or her for the seller, failure to deliver to the buyer a complete statement showing all money received in the transaction from the buyer and how and for what it was disbursed, or failure to retain true copies of those statements in his or her files. The furnishing of those statements by an escrow holder relieves the broker’s, broker-salesperson’s or salesperson’s responsibility and must be deemed to be in compliance with this provision.

      5.  Representing to any lender, guaranteeing agency or any other interested party, verbally or through the preparation of false documents, an amount in excess of the actual sale price of the real estate or terms differing from those actually agreed upon.

      6.  Failure to produce any document, book or record in his or her possession or under his or her control, concerning any real estate transaction under investigation by the Division.

      7.  Failure to reduce a bona fide offer to writing where a proposed purchaser requests that it be submitted in writing, except as otherwise provided in subsection 4 of NRS 645.254.

 


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ê2017 Statutes of Nevada, Page 1078 (Chapter 197, SB 188)ê

 

      8.  Failure to submit all written bona fide offers to a seller when the offers are received before the seller accepts an offer in writing and until the broker has knowledge of that acceptance, except as otherwise provided in subsection 4 of NRS 645.254.

      9.  Refusing because of race, color, national origin, sex , sexual orientation, gender identity or expression, or ethnic group to show, sell or rent any real estate for sale or rent to qualified purchasers or renters.

      10.  Knowingly submitting any false or fraudulent appraisal to any financial institution or other interested person.

      11.  Any violation of NRS 645C.557.

      Sec. 29. NRS 648.193 is hereby amended to read as follows:

      648.193  During a polygraphic examination, the examiner or intern shall not make inquiries into the religion, political affiliations, affiliations with labor organizations , sexual orientation, gender identity or expression, or sexual activities of the person examined unless the person’s religion , sexual orientation, gender identity or expression, or those affiliations or activities are germane to the issue under investigation and the inquiries are made at the request of the person examined.

      Sec. 30. NRS 686A.680 is hereby amended to read as follows:

      686A.680  An insurer that uses information from a consumer credit report shall not:

      1.  Use an insurance score that is calculated using income, gender, sexual orientation, gender identity or expression, address, zip code, ethnic group, religion, marital status or nationality of the consumer as a factor, or would otherwise lead to unfair or invidious discrimination.

      2.  Deny, cancel or fail to renew a policy on the basis of credit information unless the insurer also considers other applicable underwriting factors that are independent of credit information and not expressly prohibited by this section.

      3.  Base renewal rates for a policy upon credit information unless the insurer also considers other applicable factors independent of credit information.

      4.  Take an adverse action against an applicant or policyholder based on the applicant or policyholder not having a credit card account unless the insurer also considers other applicable factors independent of credit information.

      5.  Consider an absence of credit information or an inability to calculate an insurance score in underwriting or rating a policy unless the insurer does any one of the following:

      (a) Treats the applicant or policyholder as otherwise approved by the Commissioner, after the insurer presents to the Commissioner information indicating that such an absence or inability relates to the risk for the insurer.

      (b) Treats the applicant or policyholder as if the applicant or policyholder had neutral credit information, as defined by the insurer.

      (c) Excludes the use of credit information as a factor, and uses only underwriting criteria other than credit information.

      6.  Take an adverse action against an applicant or policyholder based on credit information, unless an insurer obtains and uses a consumer credit report issued or an insurance score calculated within 90 days from the date the policy is first written or renewal is issued.

      7.  Except as otherwise provided in this subsection, use credit information regarding a policyholder without obtaining an updated consumer credit report regarding the policyholder and recalculating the insurance score at least once every 36 months.

 


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at least once every 36 months. At the time of the annual renewal of a policyholder’s policy, the insurer shall, upon the request of the policyholder or the policyholder’s agent, reunderwrite and rerate the policy based upon a current consumer credit report or insurance score. An insurer need not, at the request of a policyholder or the policyholder’s agent, recalculate the insurance score of or obtain an updated consumer credit report of the policyholder more frequently than once in any 12-month period. An insurer may, at its discretion, obtain an updated consumer credit report regarding a policyholder more frequently than once every 36 months, if to do so is consistent with the underwriting guidelines of the insurer. An insurer does not need to obtain an updated consumer credit report for a policyholder if any one of the following applies:

      (a) The insurer is treating the policyholder as otherwise approved by the Commissioner.

      (b) The policyholder is in the most favorably-priced tier of the insurer and all affiliates of the insurer. With respect to such a policyholder, the insurer may elect to obtain an updated consumer credit report if to do so is consistent with the underwriting guidelines of the insurer.

      (c) Credit information was not used for underwriting or rating the policyholder when the policy was initially written. The fact that credit information was not used initially does not preclude an insurer from using such information subsequently when underwriting or rating such a policyholder upon renewal, if to do so is consistent with the underwriting guidelines of the insurer.

      (d) The insurer reevaluates the policyholder at least once every 36 months based upon underwriting or rating factors other than credit information.

      8.  Use the following as a negative factor in any insurance scoring methodology or in reviewing credit information for the purpose of underwriting or rating a policy:

      (a) Credit inquiries not initiated by the applicant or policyholder, or inquiries requested by the applicant or policyholder for his or her own credit information.

      (b) Inquiries relating to insurance coverage, if so identified on the consumer credit report.

      (c) Collection accounts relating to medical treatment, if so identified on the consumer credit report.

      (d) Multiple lender inquiries, if identified on the consumer credit report as being related to home loans or mortgages and made within 30 days of one another, unless only one inquiry is considered.

      (e) Multiple lender inquiries, if identified on the consumer credit report as being related to a loan for an automobile and made within 30 days of one another, unless only one inquiry is considered.

      Sec. 31. NRS 686B.060 is hereby amended to read as follows:

      686B.060  In determining whether rates comply with the standards under NRS 686B.050, the following criteria shall be applied:

      1.  Due consideration shall be given to past and prospective loss and expense experience within and outside of this state, to catastrophe hazards and contingencies, to trends within and outside of this state, to loadings for leveling premium rates over time or for dividends or savings to be allowed or returned by insurers to their policyholders, members or subscribers, and to all other relevant factors, including the judgment of technical personnel.

 


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      2.  Risks may be classified in any reasonable way for the establishment of rates and minimum premiums, except that classifications may not be based on race, color, creed , [or] national origin [.] , sexual orientation, or gender identity or expression. Rates thus produced may be modified for individual risks in accordance with rating plans or schedules which establish reasonable standards for measuring probable variations in hazards, expenses, or both.

      3.  The expense provisions included in the rates to be used by an insurer may reflect the operating methods of the insurer and, so far as it is credible, its own expense experience.

      4.  The rates may contain an allowance permitting a profit that is not unreasonable in relation to the riskiness of the class of business.

      Sec. 32. NRS 687B.390 is hereby amended to read as follows:

      687B.390  No insurer shall cancel or refuse to renew an automobile liability insurance policy solely because of the age, residence, race, color, creed, national origin, ancestry , sexual orientation, gender identity or expression, or occupation of anyone who is an insured.

      Sec. 33. NRS 689C.520 is hereby amended to read as follows:

      689C.520  1.  Before the issuance of a certificate of registration, each voluntary purchasing group shall, to the satisfaction of the Commissioner:

      (a) Establish the conditions of membership in the group and require as a condition of membership that all employers include all their eligible employees. The group may not differentiate among classes of membership on the basis of the kind of employment, race, religion, sex, sexual orientation, gender identity or expression, education, health or income. The group shall set reasonable fees for membership which will finance all reasonable and necessary costs incurred in administering the group.

      (b) Provide to members of the group and their eligible employees information meeting the requirements of NRS 689C.440 regarding any proposed contracts.

      2.  In addition to the information required pursuant to subsection 1, a voluntary purchasing group shall provide annually to members of the group information regarding available benefits and carriers.

      Sec. 34. Section 1.130 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 32, Statutes of Nevada 2011, at page 134, is hereby amended to read as follows:

       Sec. 1.130  Certain activities prohibited.

       1.  A person shall not be appointed to or removed from, or in any way favored or discriminated against with respect to, any City position or appointive City administrative office because of race, sex, sexual orientation, gender identity or expression, religion, color, age, disability, marital status or national origin, or because of political or personal reasons or affiliations, except when based upon a bona fide occupational qualification.

       2.  A person who seeks appointment or promotion with respect to any City position or appointive City administrative office shall not directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with his or her test, appointment, proposed appointment, promotion or proposed promotion.

 


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       3.  A person shall not orally, in writing or otherwise solicit or assist in soliciting any assessment, subscription or contribution for any elected officer of the City or candidate for any City office from any person holding any compensated appointive City position.

       4.  A person who holds any compensated appointive City position shall not make, solicit or receive any contribution of campaign funds for any elected officer of the City or candidate for any City office or take any part in the management, affairs or political campaign of the candidate.

       5.  Any person who by himself, herself or with others willfully violates any of the provisions of subsections 1, 2 or 3 is subject to the jurisdiction of the Justice Court of the Township of Sparks and is guilty of a misdemeanor, punishable by a fine of not more than $500 or by imprisonment for not more than 6 months, or both.

       6.  Any person who violates any of the provisions of this section shall be ineligible to hold any City office or position for a period of 5 years and, if the person is an officer or employee of the City, shall immediately forfeit his or her office or position.

       7.  As used in this section:

       (a) “Gender identity or expression” has the meaning ascribed to it in section 4 of this act.

       (b) “Sexual orientation” has the meaning ascribed to it in section 5 of this act.

      Sec. 35.  This act becomes effective on July 1, 2017.

________

CHAPTER 198, SB 195

Senate Bill No. 195–Senator Harris

 

CHAPTER 198

 

[Approved: May 27, 2017]

 

AN ACT relating to real property; revising provisions relating to the filling of vacancies on the executive board of a unit-owners’ association; revising provisions relating to the procedure for electing the executive board of such an association; revising provisions governing the transfer of special declarant’s rights in certain circumstances; revising provisions governing meetings of the executive board of a unit-owners’ association; requiring a unit-owners’ association to maintain directors and officers insurance; requiring certain disclosures to be included in a public offering statement filed with the Real Estate Division of the Department of Business and Industry by a developer of time shares; revising provisions governing the management of a time-share plan; and providing other matters properly relating thereto.

 

 


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ê2017 Statutes of Nevada, Page 1082 (Chapter 198, SB 195)ê

 

Legislative Counsel’s Digest:

      Existing law authorizes the governing documents of a unit-owners’ association to require that vacancies on the executive board be filled by a vote of the membership of the association. (NRS 116.3103) Section 1 of this bill removes this provision and, instead, authorizes the executive board to fill any vacancy in its membership until the earlier of the unexpired portion of any term or the next regularly scheduled election of executive board members, notwithstanding any provision of the governing documents to the contrary.

      Existing law sets forth provisions relating to the election of the executive board of a unit-owners’ association, including the procedure the board may follow if, at the closing of the prescribed period for nominations for membership on the board, the number of candidates nominated for membership is equal to or less than the number of members to be elected. (NRS 116.31034) Section 2 of this bill revises this procedure and provides that the board may determine that if such a situation occurs: (1) the nominated candidates are deemed to be elected to the board; and (2) the remaining vacancies on the board may be filled by appointment of the board until the next regularly scheduled election of members of the board. Section 4 of this bill requires the ballots for the election of members of the executive board to be counted at the annual meeting of members of the association.

      Under existing law, upon a foreclosure or other involuntary sale of a declarant’s unsold units, the purchaser acquires the special declarant’s rights only under certain circumstances. (NRS 116.31043) Section 3 of this bill provides that the foreclosure or involuntary sale transfers the special declarant’s rights unless the purchaser otherwise elects.

      Existing law requires a unit-owners’ association to provide notice to the units’ owners 10 days before a meeting of the executive board. (NRS 116.31083) Section 5 of this bill exempts executive sessions of the board from this requirement and, depending on the purpose for which an executive session is being held, requires that notice of the executive session: (1) be given only to the person who may be subject to a hearing scheduled for that meeting; or (2) be posted within the common elements of the association and provided electronically to all units’ owners who have provided an electronic mail address. Section 6 of this bill provides that if the board holds a meeting limited exclusively to an executive session relating to certain matters, the board is required to acknowledge such an executive session at the next regular meeting of the board and include the acknowledgment in the minutes of the meeting.

      Existing law requires a unit-owners’ association to maintain property insurance, commercial general liability insurance and crime insurance, subject to reasonable deductibles. (NRS 116.3113) Section 7 of this bill requires an association to maintain directors and officers insurance in a minimum aggregate amount of not less than $1,000,000.

      Existing law authorizes the governing documents of a unit-owners’ association to set forth rules that reasonably restrict parking in the common-interest community and authorizes an association to impose fines for a violation of the governing documents. (NRS 116.31031, 116.350) Section 8 of this bill specifically states that the governing documents may authorize the executive board to impose a fine for a violation of such a rule.

      Existing law requires a developer of a time share to file a public offering statement with the Real Estate Division of the Department of Business and Industry for approval for the purposes of applying for and being issued an initial permit to sell time shares by the Real Estate Administrator. The public offering statement must include certain disclosures. (NRS 119A.300, 119A.307) Section 10 of this bill requires certain additional disclosures to be included in a public offering statement that concern: (1) the expectations a person should have in purchasing a time share; and (2) the resale of a time share.

      Existing law delineates the relationship between an association for a time-share plan and the manager of the time-share plan. (NRS 119A.530) Section 13 of this bill requires the manager to make certain disclosures concerning the compensation of the manager.

 


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ê2017 Statutes of Nevada, Page 1083 (Chapter 198, SB 195)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 116.3103 is hereby amended to read as follows:

      116.3103  1.  Except as otherwise provided in the declaration, the bylaws, this section or other provisions of this chapter, the executive board acts on behalf of the association. In the performance of their duties, the officers and members of the executive board are fiduciaries and shall act on an informed basis, in good faith and in the honest belief that their actions are in the best interest of the association. Officers and members of the executive board:

      (a) Are required to exercise the ordinary and reasonable care of officers and directors of a nonprofit corporation, subject to the business-judgment rule; and

      (b) Are subject to conflict of interest rules governing the officers and directors of a nonprofit corporation organized under the law of this State.

      2.  The executive board may not act to:

      (a) Amend the declaration.

      (b) Terminate the common-interest community.

      (c) Elect members of the executive board, but [unless the governing documents provide that a vacancy on the executive board must be filled by a vote of the membership of the association,] notwithstanding any provision of the governing documents to the contrary, the executive board may fill vacancies in its membership for the unexpired portion of any term or until the next regularly scheduled election of executive board members, whichever is earlier. Any executive board member elected to a previously vacant position which was temporarily filled by board appointment may only be elected to fulfill the remainder of the unexpired portion of the term.

      (d) Determine the qualifications, powers, duties or terms of office of members of the executive board.

      3.  The executive board shall adopt budgets as provided in NRS 116.31151.

      Sec. 2. NRS 116.31034 is hereby amended to read as follows:

      116.31034  1.  Except as otherwise provided in subsection 5 of NRS 116.212, not later than the termination of any period of declarant’s control, the units’ owners shall elect an executive board of at least three members, all of whom must be units’ owners. The executive board shall elect the officers of the association. Unless the governing documents provide otherwise, the officers of the association are not required to be units’ owners. The members of the executive board and the officers of the association shall take office upon election.

      2.  The term of office of a member of the executive board may not exceed 3 years, except for members who are appointed by the declarant. Unless the governing documents provide otherwise, there is no limitation on the number of terms that a person may serve as a member of the executive board.

      3.  The governing documents of the association must provide for terms of office that are staggered in such a manner that, to the extent possible, an equal number of members of the executive board are elected at each election. The provisions of this subsection do not apply to:

 


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ê2017 Statutes of Nevada, Page 1084 (Chapter 198, SB 195)ê

 

      (a) Members of the executive board who are appointed by the declarant; and

      (b) Members of the executive board who serve a term of 1 year or less.

      4.  Not less than 30 days before the preparation of a ballot for the election of members of the executive board, the secretary or other officer specified in the bylaws of the association shall cause notice to be given to each unit’s owner of the unit’s owner’s eligibility to serve as a member of the executive board. Each unit’s owner who is qualified to serve as a member of the executive board may have his or her name placed on the ballot along with the names of the nominees selected by the members of the executive board or a nominating committee established by the association.

      5.  Before the secretary or other officer specified in the bylaws of the association causes notice to be given to each unit’s owner of his or her eligibility to serve as a member of the executive board pursuant to subsection 4, the executive board may determine that if, at the closing of the prescribed period for nominations for membership on the executive board, the number of candidates nominated for membership on the executive board is equal to or less than the number of members to be elected to the executive board at the election, [then the secretary or other officer specified in the bylaws of the association will cause notice to be given to each unit’s owner informing each unit’s owner that:

      (a) The association will not prepare or mail any ballots to units’ owners pursuant to this section and the nominated candidates shall be deemed to be duly elected to the executive board unless:

             (1)A unit’s owner who is qualified to serve on the executive board nominates himself or herself for membership on the executive board by submitting a nomination to the executive board within 30 days after the notice provided by this subsection; and

             (2)The number of units’ owners who submit such a nomination causes the number of candidates nominated for membership on the executive board to be greater than the number of members to be elected to the executive board.

      (b)Each unit’s owner who is qualified to serve as a member of the executive board may nominate himself or herself for membership on the executive board by submitting a nomination to the executive board within 30 days after the notice provided by this subsection.

      6.  If the notice described in subsection 5 is given and if, at the closing of the prescribed period for nominations for membership on the executive board described in subsection 5, the number of candidates nominated for membership on the executive board is equal to or less than the number of members to be elected to the executive board,] then:

      (a) The association will not prepare or mail any ballots to units’ owners pursuant to this section; and

      (b) The nominated candidates shall be deemed to be duly elected to the executive board [not later than 30 days after the date of the closing of the period for nominations described in subsection 5; and

      (c)The association shall send to each unit’s owner notification that the candidates nominated have been elected to the executive board.

      7.  If the notice described in subsection 5 is given and if,] at the meeting of the units’ owners at which the ballots would have been counted pursuant to paragraph (e) of subsection 15.

 


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ê2017 Statutes of Nevada, Page 1085 (Chapter 198, SB 195)ê

 

      6.  If the executive board makes the determination set forth in subsection 5, the secretary or other officer specified in the bylaws of the association shall disclose the determination and the provisions of subsection 5 with the notice given pursuant to subsection 4.

      7.  If, at the closing of the prescribed period for nominations for membership on the executive board, the number of candidates nominated for membership on the executive board is less than the number of members to be elected to the executive board at the election, the executive board may fill the remaining vacancies on the executive board by appointment of the executive board at a meeting of the executive board held after the candidates are elected pursuant to subsection 5. Any such person appointed to the executive board shall serve as a member of the executive board until the next regularly scheduled election of members of the executive board. An executive board member elected to a previously appointed position which was temporarily filled by board appointment pursuant to this subsection may only be elected to fulfill the remainder of that term.

      8.  If, at the closing of the prescribed period for nominations for membership on the executive board described in subsection 5, the number of candidates nominated for membership on the executive board is greater than the number of members to be elected to the executive board, then the association shall:

      (a) Prepare and mail ballots to the units’ owners pursuant to this section; and

      (b) Conduct an election for membership on the executive board pursuant to this section.

      [8.]9.  Each person who is nominated as a candidate for membership on the executive board pursuant to subsection 4 [or 5] must:

      (a) Make a good faith effort to disclose any financial, business, professional or personal relationship or interest that would result or would appear to a reasonable person to result in a potential conflict of interest for the candidate if the candidate were to be elected to serve as a member of the executive board; and

      (b) Disclose whether the candidate is a member in good standing. For the purposes of this paragraph, a candidate shall not be deemed to be in “good standing” if the candidate has any unpaid and past due assessments or construction penalties that are required to be paid to the association.

Ê The candidate must make all disclosures required pursuant to this subsection in writing to the association with his or her candidacy information. Except as otherwise provided in this subsection, the association shall distribute the disclosures, on behalf of the candidate, to each member of the association with the ballot or, in the event ballots are not prepared and mailed pursuant to subsection [6,] 5, in the next regular mailing of the association. The association is not obligated to distribute any disclosure pursuant to this subsection if the disclosure contains information that is believed to be defamatory, libelous or profane.

      [9.]10.  Except as otherwise provided in subsections [10] 11 and [11,] 12, unless a person is appointed by the declarant:

      (a) A person may not be a candidate for or member of the executive board or an officer of the association if:

             (1) The person resides in a unit with, is married to, is domestic partners with, or is related by blood, adoption or marriage within the third degree of consanguinity or affinity to another person who is also a member of the executive board or is an officer of the association;

 


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ê2017 Statutes of Nevada, Page 1086 (Chapter 198, SB 195)ê

 

degree of consanguinity or affinity to another person who is also a member of the executive board or is an officer of the association;

             (2) The person stands to gain any personal profit or compensation of any kind from a matter before the executive board of the association; or

             (3) The person, the person’s spouse or the person’s parent or child, by blood, marriage or adoption, performs the duties of a community manager for that association.

      (b) A person may not be a candidate for or member of the executive board of a master association or an officer of that master association if the person, the person’s spouse or the person’s parent or child, by blood, marriage or adoption, performs the duties of a community manager for:

             (1) That master association; or

             (2) Any association that is subject to the governing documents of that master association.

      [10.]11.  A person, other than a person appointed by the declarant, who owns 75 percent or more of the units in an association may:

      (a) Be a candidate for or member of the executive board or an officer of the association; and

      (b) Reside in a unit with, be married to, be domestic partners with, or be related by blood, adoption or marriage within the third degree of consanguinity or affinity to another person who is also a member of the executive board or is an officer of the association,

Ê unless the person owning 75 percent or more of the units in the association and the other person would constitute a majority of the total number of seats on the executive board.

      [11.]12.  A person, other than a person appointed by the declarant, may:

      (a) Be a candidate for or member of the executive board; and

      (b) Reside in a unit with, be married to, be domestic partners with, or be related by blood, adoption or marriage within the third degree of consanguinity or affinity to another person who is also a member of the executive board or is an officer of the association,

Ê if the number of candidates nominated for membership on the executive board is less than or equal to the number of members to be elected to the executive board.

      [12.]13.  If a person is not eligible to be a candidate for or member of the executive board or an officer of the association pursuant to any provision of this chapter, the association:

      (a) Must not place his or her name on the ballot; and

      (b) Must prohibit such a person from serving as a member of the executive board or an officer of the association.

      [13.]14.  An officer, employee, agent or director of a corporate owner of a unit, a trustee or designated beneficiary of a trust that owns a unit, a partner of a partnership that owns a unit, a member or manager of a limited-liability company that owns a unit, and a fiduciary of an estate that owns a unit may be an officer of the association or a member of the executive board. In all events where the person serving or offering to serve as an officer of the association or a member of the executive board is not the record owner, the person shall file proof in the records of the association that:

      (a) The person is associated with the corporate owner, trust, partnership, limited-liability company or estate as required by this subsection; and

 


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ê2017 Statutes of Nevada, Page 1087 (Chapter 198, SB 195)ê

 

      (b) Identifies the unit or units owned by the corporate owner, trust, partnership, limited-liability company or estate.

      [14.]15.  Except as otherwise provided in subsection [6] 5 or NRS 116.31105, the election of any member of the executive board must be conducted by secret written ballot in the following manner:

      (a) The secretary or other officer specified in the bylaws of the association shall cause a secret ballot and a return envelope to be sent, prepaid by United States mail, to the mailing address of each unit within the common-interest community or to any other mailing address designated in writing by the unit’s owner.

      (b) Each unit’s owner must be provided with at least 15 days after the date the secret written ballot is mailed to the unit’s owner to return the secret written ballot to the association.

      (c) A quorum is not required for the election of any member of the executive board.

      (d) Only the secret written ballots that are returned to the association may be counted to determine the outcome of the election.

      (e) The secret written ballots must be opened and counted at [a] the meeting of the [association.] units’ owners held pursuant to subsection 1 of NRS 116.3108. A quorum is not required to be present when the secret written ballots are opened and counted at the meeting.

      (f) The incumbent members of the executive board and each person whose name is placed on the ballot as a candidate for membership on the executive board may not possess, be given access to or participate in the opening or counting of the secret written ballots that are returned to the association before those secret written ballots have been opened and counted at a meeting of the association.

      [15.]16.  An association shall not adopt any rule or regulation that has the effect of prohibiting or unreasonably interfering with a candidate in the candidate’s campaign for election as a member of the executive board, except that the candidate’s campaign may be limited to 90 days before the date that ballots are required to be returned to the association.

      [16.]17.  A candidate who has submitted a nomination form for election as a member of the executive board may request that the association or its agent either:

      (a) Send before the date of the election and at the association’s expense, to the mailing address of each unit within the common-interest community or to any other mailing address designated in writing by the unit’s owner a candidate informational statement. The candidate informational statement:

             (1) Must be no longer than a single, typed page;

             (2) Must not contain any defamatory, libelous or profane information; and

             (3) May be sent with the secret ballot mailed pursuant to subsection [14] 15 or in a separate mailing; or

      (b) To allow the candidate to communicate campaign material directly to the units’ owners, provide to the candidate, in paper format at a cost not to exceed 25 cents per page for the first 10 pages and 10 cents per page thereafter, in the format of a compact disc at a cost of not more than $5 or by electronic mail at no cost:

             (1) A list of the mailing address of each unit, which must not include the names of the units’ owners or the name of any tenant of a unit’s owner; or

 


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ê2017 Statutes of Nevada, Page 1088 (Chapter 198, SB 195)ê

 

             (2) If the members of the association are owners of time shares within a time share plan created pursuant to chapter 119A of NRS and:

                   (I) The voting rights of those owners are exercised by delegates or representatives pursuant to NRS 116.31105, the mailing address of the delegates or representatives.

                   (II) The voting rights of those owners are not exercised by delegates or representatives, the mailing address of the association established pursuant to NRS 119A.520. If the mailing address of the association is provided to the candidate pursuant to this sub-subparagraph, the association must send to each owner of a time share within the time share plan the campaign material provided by the candidate. If the campaign material will be sent by mail, the candidate who provides the campaign material must provide to the association a separate copy of the campaign material for each owner and must pay the actual costs of mailing before the campaign material is mailed. If the campaign material will be sent by electronic transmission, the candidate must provide to the association one copy of the campaign material in an electronic format.

Ê The information provided pursuant to this paragraph must not include the name of any unit’s owner or any tenant of a unit’s owner. If a candidate who makes a request for the information described in this paragraph fails or refuses to provide a written statement signed by the candidate which states that the candidate is making the request to allow the candidate to communicate campaign material directly to units’ owners and that the candidate will not use the information for any other purpose, the association or its agent may refuse the request.

      [17.]18.  An association and its directors, officers, employees and agents are immune from criminal or civil liability for any act or omission which arises out of the publication or disclosure of any information related to any person and which occurs in the course of carrying out any duties required pursuant to subsection [16.] 17.

      [18.]19.  Each member of the executive board shall, within 90 days after his or her appointment or election, certify in writing to the association, on a form prescribed by the Administrator, that the member has read and understands the governing documents of the association and the provisions of this chapter to the best of his or her ability. The Administrator may require the association to submit a copy of the certification of each member of the executive board of that association at the time the association registers with the Ombudsman pursuant to NRS 116.31158.

      Sec. 3. NRS 116.3104 is hereby amended to read as follows:

      116.3104  1.  A special declarant’s right created or reserved under this chapter may be transferred only by an instrument evidencing the transfer recorded in every county in which any portion of the common-interest community is located. [The] Except as otherwise provided in subsection 3, the instrument is not effective unless executed by the transferee.

      2.  Upon transfer of any special declarant’s right, the liability of a transferor declarant is as follows:

      (a) A transferor is not relieved of any obligation or liability arising before the transfer and remains liable for warranties imposed upon the transferor by this chapter. Lack of privity does not deprive any unit’s owner of standing to maintain an action to enforce any obligation of the transferor.

 


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ê2017 Statutes of Nevada, Page 1089 (Chapter 198, SB 195)ê

 

      (b) If a successor to any special declarant’s right is an affiliate of a declarant, the transferor is jointly and severally liable with the successor for any obligations or liabilities of the successor relating to the common-interest community.

      (c) If a transferor retains any special declarant’s rights, but transfers other special declarant’s rights to a successor who is not an affiliate of the declarant, the transferor is liable for any obligations or liabilities imposed on a declarant by this chapter or by the declaration relating to the retained special declarant’s rights and arising after the transfer.

      (d) A transferor has no liability for any act or omission or any breach of a contractual obligation or warranty arising from the exercise of a special declarant’s right by a successor declarant who is not an affiliate of the transferor.

      3.  Unless otherwise provided in a mortgage, deed of trust or other agreement creating a security interest, in case of foreclosure of a security interest, sale by a trustee under an agreement creating a security interest, tax sale, judicial sale or sale under the Bankruptcy Code or a receivership, of any units owned by a declarant or real estate in a common-interest community subject to developmental rights, a person acquiring title to all the property being foreclosed or sold [, but only upon the person’s request,] succeeds to all special declarant’s rights related to that property held by that declarant [, or only to any rights reserved in the declaration pursuant to NRS 116.2115 and held by that declarant to maintain models, offices for sales and signs. The] and the instrument conveying title need not be executed by the transferee to be effective. If the person acquiring title to the property being foreclosed or sold pursuant to this section desires to succeed to some but not all of the special declarant’s rights or none of the special declarant’s rights, then the judgment or instrument conveying title [must] may provide for transfer of only the special declarant’s rights requested [.] , in which case the transferee shall succeed only to any special declarant’s rights requested and such judgment or instrument must be executed by the transferee to be effective.

      4.  Upon foreclosure of a security interest, sale by a trustee under an agreement creating a security interest, tax sale, judicial sale or sale under the Bankruptcy Code or a receivership of all interests in a common-interest community owned by a declarant:

      (a) The declarant ceases to have any special declarant’s rights; and

      (b) The period of declarant’s control (NRS 116.31032) terminates unless the judgment or instrument conveying title provides for transfer of all special declarant’s rights held by that declarant to a successor declarant.

      Sec. 4. NRS 116.3108 is hereby amended to read as follows:

      116.3108  1.  A meeting of the units’ owners must be held at least once each year at a time and place stated in or fixed in accordance with the bylaws. If the governing documents do not designate an annual meeting date of the units’ owners, a meeting of the units’ owners must be held 1 year after the date of the last meeting of the units’ owners. If the units’ owners have not held a meeting for 1 year, a meeting of the units’ owners must be held on the following March 1. At the annual meeting of the units’ owners held pursuant to this subsection, the ballots for the election of members of the executive board must be opened and counted.

      2.  An association shall hold a special meeting of the units’ owners to address any matter affecting the common-interest community or the association if its president, a majority of the executive board or units’ owners constituting at least 10 percent, or any lower percentage specified in the bylaws, of the total number of votes in the association request that the secretary call such a meeting.

 


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ê2017 Statutes of Nevada, Page 1090 (Chapter 198, SB 195)ê

 

association if its president, a majority of the executive board or units’ owners constituting at least 10 percent, or any lower percentage specified in the bylaws, of the total number of votes in the association request that the secretary call such a meeting. To call a special meeting, the units’ owners must submit a written petition which is signed by the required percentage of the total number of voting members of the association pursuant to this subsection and which is mailed, return receipt requested, or served by a process server to the executive board or the community manager for the association. If the petition calls for a special meeting, the executive board shall set the date for the special meeting so that the special meeting is held not less than 15 days or more than 60 days after the date on which the petition is received. The association shall not adopt any rule or regulation which prevents or unreasonably interferes with the collection of the required percentage of signatures for a petition pursuant to this subsection.

      3.  Not less than 15 days or more than 60 days in advance of any meeting of the units’ owners, the secretary or other officer specified in the bylaws shall cause notice of the meeting to be given to the units’ owners in the manner set forth in NRS 116.31068. The notice of the meeting must state the time and place of the meeting and include a copy of the agenda for the meeting. The notice must include notification of the right of a unit’s owner to:

      (a) Have a copy of the minutes or a summary of the minutes of the meeting provided to the unit’s owner upon request, in electronic format at no charge to the unit’s owner or, if the association is unable to provide the copy or summary in electronic format, in paper format at a cost not to exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter.

      (b) Speak to the association or executive board, unless the executive board is meeting in executive session.

      4.  The agenda for a meeting of the units’ owners must consist of:

      (a) A clear and complete statement of the topics scheduled to be considered during the meeting, including, without limitation, any proposed amendment to the declaration or bylaws, any fees or assessments to be imposed or increased by the association, any budgetary changes and any proposal to remove an officer of the association or member of the executive board.

      (b) A list describing the items on which action may be taken and clearly denoting that action may be taken on those items. In an emergency, the units’ owners may take action on an item which is not listed on the agenda as an item on which action may be taken.

      (c) A period devoted to comments by units’ owners regarding any matter affecting the common-interest community or the association and discussion of those comments. Except in emergencies, no action may be taken upon a matter raised under this item of the agenda until the matter itself has been specifically included on an agenda as an item upon which action may be taken pursuant to paragraph (b).

      5.  The secretary or other officer specified in the bylaws shall cause minutes to be recorded or otherwise taken at each meeting of the units’ owners. Not more than 30 days after each such meeting, the secretary or other officer specified in the bylaws shall cause the minutes or a summary of the minutes of the meeting to be made available to the units’ owners. Except as otherwise provided in this subsection, a copy of the minutes or a summary of the minutes must be provided to any unit’s owner upon request, in electronic format at no charge to the unit’s owner or, if the association is unable to provide the copy or summary in electronic format, in paper format at a cost not to exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter.

 


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ê2017 Statutes of Nevada, Page 1091 (Chapter 198, SB 195)ê

 

electronic format at no charge to the unit’s owner or, if the association is unable to provide the copy or summary in electronic format, in paper format at a cost not to exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter.

      6.  Except as otherwise provided in subsection 7, the minutes of each meeting of the units’ owners must include:

      (a) The date, time and place of the meeting;

      (b) The substance of all matters proposed, discussed or decided at the meeting; and

      (c) The substance of remarks made by any unit’s owner at the meeting if the unit’s owner requests that the minutes reflect his or her remarks or, if the unit’s owner has prepared written remarks, a copy of his or her prepared remarks if the unit’s owner submits a copy for inclusion.

      7.  The executive board may establish reasonable limitations on materials, remarks or other information to be included in the minutes of a meeting of the units’ owners.

      8.  The association shall maintain the minutes of each meeting of the units’ owners until the common-interest community is terminated.

      9.  A unit’s owner may record on audiotape or any other means of sound reproduction a meeting of the units’ owners if the unit’s owner, before recording the meeting, provides notice of his or her intent to record the meeting to the other units’ owners who are in attendance at the meeting.

      10.  The units’ owners may approve, at the annual meeting of the units’ owners, the minutes of the prior annual meeting of the units’ owners and the minutes of any prior special meetings of the units’ owners. A quorum is not required to be present when the units’ owners approve the minutes.

      11.  As used in this section, “emergency” means any occurrence or combination of occurrences that:

      (a) Could not have been reasonably foreseen;

      (b) Affects the health, welfare and safety of the units’ owners or residents of the common-interest community;

      (c) Requires the immediate attention of, and possible action by, the executive board; and

      (d) Makes it impracticable to comply with the provisions of subsection 3 or 4.

      Sec. 5. NRS 116.31083 is hereby amended to read as follows:

      116.31083  1.  A meeting of the executive board must be held at least once every quarter, and not less than once every 100 days and must be held at a time other than during standard business hours at least twice annually.

      2.  Except as otherwise provided in subsection 3 or in an emergency or unless the bylaws of an association require a longer period of notice, the secretary or other officer specified in the bylaws of the association shall, not less than 10 days before the date of a meeting of the executive board, cause notice of the meeting to be given to the units’ owners. Such notice must be:

      (a) Given to the units’ owners in the manner set forth in NRS 116.31068; or

      (b) Published in a newsletter or other similar publication that is circulated to each unit’s owner.

      3.  Notwithstanding any other provision of law or the governing documents of the association to the contrary, if the executive board holds a meeting limited exclusively to items for which the executive board may meet in executive session:

 


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ê2017 Statutes of Nevada, Page 1092 (Chapter 198, SB 195)ê

 

      (a) Pursuant to paragraph (c) or (d) of subsection 3 of NRS 116.31085, the secretary or other officer specified in the bylaws of the association is required to give notice of the meeting only to a person who may be subject to a hearing scheduled for that meeting.

      (b) Pursuant to any provision of law other than paragraph (c) or (d) of subsection 3 of NRS 116.31085, the secretary or other officer specified in the bylaws of the association is required to:

             (1) Post notice of the executive session in one or more prominent places within the common elements of the association; and

             (2) Provide electronic notice of the executive session to all units’ owners who have provided the association with an electronic mail address.

      4.  In an emergency, the secretary or other officer specified in the bylaws of the association shall, if practicable, cause notice of the meeting to be sent prepaid by United States mail to the mailing address of each unit within the common-interest community. If delivery of the notice in this manner is impracticable, the notice must be hand-delivered to each unit within the common-interest community or posted in a prominent place or places within the common elements of the association.

      [4.] 5. The notice of a meeting of the executive board must state the time and place of the meeting and include a copy of the agenda for the meeting or the date on which and the locations where copies of the agenda may be conveniently obtained by the units’ owners. The notice must include notification of the right of a unit’s owner to:

      (a) Have a copy of the audio recording, the minutes or a summary of the minutes of the meeting provided to the unit’s owner upon request, in electronic format at no charge to the unit’s owner or, if the association is unable to provide the copy or summary in electronic format, in paper format at a cost not to exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter.

      (b) Speak to the association or executive board, unless the executive board is meeting in executive session.

      [5.] 6. The agenda of the meeting of the executive board must comply with the provisions of subsection 4 of NRS 116.3108. A period required to be devoted to comments by the units’ owners and discussion of those comments must be scheduled for both the beginning and the end of each meeting. During the period devoted to comments by the units’ owners and discussion of those comments at the beginning of each meeting, comments by the units’ owners and discussion of those comments must be limited to items listed on the agenda. In an emergency, the executive board may take action on an item which is not listed on the agenda as an item on which action may be taken.

      [6.] 7. At least once every quarter, and not less than once every 100 days, unless the declaration or bylaws of the association impose more stringent standards, the executive board shall review, at a minimum, the following financial information at one of its meetings:

      (a) A current year-to-date financial statement of the association;

      (b) A current year-to-date schedule of revenues and expenses for the operating account and the reserve account, compared to the budget for those accounts;

      (c) A current reconciliation of the operating account of the association;

      (d) A current reconciliation of the reserve account of the association;

 


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ê2017 Statutes of Nevada, Page 1093 (Chapter 198, SB 195)ê

 

      (e) The latest account statements prepared by the financial institutions in which the accounts of the association are maintained; and

      (f) The current status of any civil action or claim submitted to arbitration or mediation in which the association is a party.

      [7.] 8. The secretary or other officer specified in the bylaws shall cause each meeting of the executive board to be audio recorded and the minutes to be recorded or otherwise taken at each meeting of the executive board, but if the executive board is meeting in executive session, the meeting must not be audio recorded. Not more than 30 days after each such meeting, the secretary or other officer specified in the bylaws shall cause the audio recording of the meeting, the minutes of the meeting and a summary of the minutes of the meeting to be made available to the units’ owners. Except as otherwise provided in this subsection, a copy of the audio recording, the minutes or a summary of the minutes must be provided to any unit’s owner upon request, in electronic format at no charge to the unit’s owner or, if the association is unable to provide the copy or summary in electronic format, in paper format at a cost not to exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter.

      [8.] 9. Except as otherwise provided in subsection [9] 10 and NRS 116.31085, the minutes of each meeting of the executive board must include:

      (a) The date, time and place of the meeting;

      (b) Those members of the executive board who were present and those members who were absent at the meeting;

      (c) The substance of all matters proposed, discussed or decided at the meeting;

      (d) A record of each member’s vote on any matter decided by vote at the meeting; and

      (e) The substance of remarks made by any unit’s owner who addresses the executive board at the meeting if the unit’s owner requests that the minutes reflect his or her remarks or, if the unit’s owner has prepared written remarks, a copy of his or her prepared remarks if the unit’s owner submits a copy for inclusion.

      [9.] 10. The executive board may establish reasonable limitations on materials, remarks or other information to be included in the minutes of its meetings.

      [10.] 11. The association shall maintain the minutes of each meeting of the executive board until the common-interest community is terminated.

      [11.] 12. A unit’s owner may record on audiotape or any other means of sound reproduction a meeting of the executive board, unless the executive board is meeting in executive session, if the unit’s owner, before recording the meeting, provides notice of his or her intent to record the meeting to the members of the executive board and the other units’ owners who are in attendance at the meeting.

      [12.] 13. As used in this section, “emergency” means any occurrence or combination of occurrences that:

      (a) Could not have been reasonably foreseen;

      (b) Affects the health, welfare and safety of the units’ owners or residents of the common-interest community;

      (c) Requires the immediate attention of, and possible action by, the executive board; and

      (d) Makes it impracticable to comply with the provisions of subsection 2 , 3 or [5.] 6.

 


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ê2017 Statutes of Nevada, Page 1094 (Chapter 198, SB 195)ê

 

      Sec. 6. NRS 116.31085 is hereby amended to read as follows:

      116.31085  1.  Except as otherwise provided in this section, a unit’s owner may attend any meeting of the units’ owners or of the executive board and speak at any such meeting. The executive board may establish reasonable limitations on the time a unit’s owner may speak at such a meeting.

      2.  An executive board may not meet in executive session to open or consider bids for an association project as defined in NRS 116.31086, or to enter into, renew, modify, terminate or take any other action regarding a contract.

      3.  An executive board may meet in executive session only to:

      (a) Consult with the attorney for the association on matters relating to proposed or pending litigation if the contents of the discussion would otherwise be governed by the privilege set forth in NRS 49.035 to 49.115, inclusive.

      (b) Discuss the character, alleged misconduct, professional competence, or physical or mental health of a community manager or an employee of the association.

      (c) Except as otherwise provided in subsection 4, discuss a violation of the governing documents, including, without limitation, the failure to pay an assessment.

      (d) Discuss the alleged failure of a unit’s owner to adhere to a schedule required pursuant to NRS 116.310305 if the alleged failure may subject the unit’s owner to a construction penalty.

      4.  An executive board shall meet in executive session to hold a hearing on an alleged violation of the governing documents unless the person who may be sanctioned for the alleged violation requests in writing that an open hearing be conducted by the executive board. If the person who may be sanctioned for the alleged violation requests in writing that an open hearing be conducted, the person:

      (a) Is entitled to attend all portions of the hearing related to the alleged violation, including, without limitation, the presentation of evidence and the testimony of witnesses;

      (b) Is entitled to due process, as set forth in the standards adopted by regulation by the Commission, which must include, without limitation, the right to counsel, the right to present witnesses and the right to present information relating to any conflict of interest of any member of the hearing panel; and

      (c) Is not entitled to attend the deliberations of the executive board.

      5.  The provisions of subsection 4 establish the minimum protections that the executive board must provide before it may make a decision. The provisions of subsection 4 do not preempt any provisions of the governing documents that provide greater protections.

      6.  Except as otherwise provided in this subsection, any matter discussed by the executive board when it meets in executive session must be generally noted in the minutes of the meeting of the executive board. If the executive board holds a meeting limited exclusively to an executive session pursuant to paragraph (c) or (d) of subsection 3, at the next regularly scheduled meeting of the executive board, the executive board shall acknowledge that the executive board met in accordance with paragraph (c) or (d) of subsection 3, as applicable, and include such an acknowledgment in the minutes of the meeting at which the acknowledgment was made. The executive board shall maintain minutes of any decision made pursuant to subsection 4 concerning an alleged violation and, upon request, provide a copy of the decision to the person who was subject to being sanctioned at the hearing or to the person’s designated representative.

 


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ê2017 Statutes of Nevada, Page 1095 (Chapter 198, SB 195)ê

 

executive board shall maintain minutes of any decision made pursuant to subsection 4 concerning an alleged violation and, upon request, provide a copy of the decision to the person who was subject to being sanctioned at the hearing or to the person’s designated representative.

      7.  Except as otherwise provided in subsection 4, a unit’s owner is not entitled to attend or speak at a meeting of the executive board held in executive session.

      Sec. 7. NRS 116.3113 is hereby amended to read as follows:

      116.3113  1.  Commencing not later than the time of the first conveyance of a unit to a person other than a declarant, the association shall maintain, to the extent reasonably available and subject to reasonable deductibles [:] , all of the following:

      (a) Property insurance on the common elements and, in a planned community, also on property that must become common elements, insuring against risks of direct physical loss commonly insured against, which insurance, after application of any deductibles, must be not less than 80 percent of the actual cash value of the insured property at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations and other items normally excluded from property policies . [;]

      (b) Commercial general liability insurance, including insurance for medical payments, in an amount determined by the executive board but not less than any amount specified in the declaration, covering all occurrences commonly insured against for bodily injury and property damage arising out of or in connection with the use, ownership, or maintenance of the common elements and, in cooperatives, also of all units . [; and]

      (c) Crime insurance which includes coverage for dishonest acts by members of the executive board and the officers, employees, agents, directors and volunteers of the association and which extends coverage to any business entity that acts as the community manager of the association and the employees of that entity. Such insurance may not contain a conviction requirement, and the minimum amount of the policy must be not less than an amount equal to 3 months of aggregate assessments on all units plus reserve funds or $5,000,000, whichever is less.

      (d) Directors and officers insurance that is a nonprofit organization errors and omissions policy in a minimum aggregate amount of not less than $1,000,000 naming the association as the owner and the named insured. The coverage must extend to the members of the executive board and the officers, employees, agents, directors and volunteers of the association and to the community manager of the association and any employees thereof while acting as agents as insured persons under the policy terms. Coverage must be subject to the terms listed in the declaration.

      2.  In the case of a building that contains units divided by horizontal boundaries described in the declaration, or vertical boundaries that comprise common walls between units, the insurance maintained under paragraph (a) of subsection 1, to the extent reasonably available, must include the units, but need not include improvements and betterments installed by units’ owners.

      3.  If the insurance described in subsections 1 and 2 is not reasonably available, the association promptly shall cause notice of that fact to be given to all units’ owners. The declaration may require the association to carry any other insurance, and the association may carry any other insurance it considers appropriate to protect the association or the units’ owners.

 


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ê2017 Statutes of Nevada, Page 1096 (Chapter 198, SB 195)ê

 

other insurance, and the association may carry any other insurance it considers appropriate to protect the association or the units’ owners.

      4.  An insurance policy issued to the association does not prevent a unit’s owner from obtaining insurance for the unit’s owner’s own benefit.

      Sec. 8. NRS 116.350 is hereby amended to read as follows:

      116.350  1.  In a common-interest community which is not gated or enclosed and the access to which is not restricted or controlled by a person or device, the executive board shall not and the governing documents must not provide for the regulation of any road, street, alley or other thoroughfare the right-of-way of which is accepted by the State or a local government for dedication as a road, street, alley or other thoroughfare for public use.

      2.  Except as otherwise provided in subsection 3, the provisions of subsection 1 do not preclude an association from adopting, and do not preclude the governing documents of an association from setting forth, rules that reasonably restrict the parking or storage of recreational vehicles, watercraft, trailers or commercial vehicles in the common-interest community to the extent authorized by law. The governing documents of an association may authorize the executive board of the association to impose a fine pursuant to NRS 116.31031 for any violation of the rules authorized pursuant to this subsection.

      3.  In any common-interest community, the executive board shall not and the governing documents must not prohibit a person from:

      (a) Parking a utility service vehicle that has a gross vehicle weight rating of 20,000 pounds or less:

             (1) In an area designated for parking for visitors, in a designated parking area or common parking area, or on the driveway of the unit of a subscriber or consumer, while the person is engaged in any activity relating to the delivery of public utility services to subscribers or consumers; or

             (2) In an area designated for parking for visitors, in a designated parking area or common parking area, or on the driveway of his or her unit, if the person is:

                   (I) A unit’s owner or a tenant of a unit’s owner; and

                   (II) Bringing the vehicle to his or her unit pursuant to his or her employment with the entity which owns the vehicle for the purpose of responding to emergency requests for public utility services; or

      (b) Parking a law enforcement vehicle or emergency services vehicle:

             (1) In an area designated for parking for visitors, in a designated parking area or common parking area, or on the driveway of the unit of a person to whom law enforcement or emergency services are being provided, while the person is engaged in his or her official duties; or

             (2) In an area designated for parking for visitors, in a designated parking area or common parking area, or on the driveway of his or her unit, if the person is:

                   (I) A unit’s owner or a tenant of a unit’s owner; and

                   (II) Bringing the vehicle to his or her unit pursuant to his or her employment with the entity which owns the vehicle for the purpose of responding to requests for law enforcement services or emergency services.

      4.  An association may require that a person parking a utility service vehicle, law enforcement vehicle or emergency services vehicle as set forth in subsection 3 provide written confirmation from his or her employer that the person is qualified to park his or her vehicle in the manner set forth in subsection 3.

 


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ê2017 Statutes of Nevada, Page 1097 (Chapter 198, SB 195)ê

 

      5.  As used in this section:

      (a) “Emergency services vehicle” means a vehicle:

             (1) Owned by any governmental agency or political subdivision of this State; and

             (2) Identified by the entity which owns the vehicle as a vehicle used to provide emergency services.

      (b) “Law enforcement vehicle” means a vehicle:

             (1) Owned by any governmental agency or political subdivision of this State; and

             (2) Identified by the entity which owns the vehicle as a vehicle used to provide law enforcement services.

      (c) “Utility service vehicle” means any motor vehicle:

             (1) Used in the furtherance of repairing, maintaining or operating any structure or any other physical facility necessary for the delivery of public utility services, including, without limitation, the furnishing of electricity, gas, water, sanitary sewer, telephone, cable or community antenna service; and

             (2) Except for any emergency use, operated primarily within the service area of a utility’s subscribers or consumers, without regard to whether the motor vehicle is owned, leased or rented by the utility.

      Sec. 9. (Deleted by amendment.)

      Sec. 10. NRS 119A.307 is hereby amended to read as follows:

      119A.307  1.  The developer shall file a public offering statement with the Division for approval for use as prescribed in NRS 119A.300.

      2.  The public offering statement must include [the] :

      (a) The following disclosures in substantially the following form, in at least 12-point bold type:

 

This Public Offering Statement is prepared by the Developer to provide you with basic and relevant information on a specific time-share offering. The Developer or Owner of the offering that is the subject of this Public Offering Statement has provided certain information and documentation to the Real Estate Division of the Department of Business and Industry (the “Division”) as required by law.

 

The statements contained in this Public Offering Statement are only summary in nature. A prospective purchaser should review the purchase contract, all documents governing the time-share plan or provided or available to the purchaser and the sales materials. You should not rely upon oral representations as being correct. Refer to this public offering statement, the purchase contract and the documents governing the time-share plan for correct representations.

 

While the Division makes every effort to confirm the information provided and to ensure that the offering will be developed, managed and operated as planned, there is no guarantee this will always be the case. The Division cannot and does not make any promise or guarantee as to the viability or continuance of the offering or the financial future of the offering or any plan, club or association affiliated therewith.

 


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ê2017 Statutes of Nevada, Page 1098 (Chapter 198, SB 195)ê

 

The information included in this Public Offering Statement is applicable as of its effective date. Expenses of operation are difficult to predict accurately and even if accurately estimated initially, most expenses increase with the age of facilities and with increases in the cost of living.

 

The Division strongly suggests that before executing an agreement or contract, you read all of the documentation and information provided to you and seek additional assistance if necessary to assure that you understand all aspects of the offering and are aware of any potential adverse circumstances that could result from a time-share purchase in this Offering.

 

The purchaser of a time share may cancel, by written notice, the contract of sale until midnight of the fifth calendar day following the date of execution of the contract. The right of cancellation may not be waived. Any attempt by the Developer to obtain a waiver results in a contract which is voidable by the purchaser. The notice of cancellation may be delivered personally to the Developer or sent by certified mail, return receipt requested, or by providing notice by express, priority or recognized overnight delivery service, with proof of service, to the business address of the Developer. The Developer must, within 20 days after receipt of the notice of cancellation, return all payments made by the Purchaser.

 

      (b) The following disclosures in substantially the following form, in at least 12-point bold type on a separate page in a prominent place, as determined by the Division:

 

A time share is for personal use and is not an investment for a profit or tax advantage. The purchase of a time share should be based upon its value as a vacation experience or for spending leisure time, and not for purposes of acquiring an appreciating investment or with an expectation that the time share may be resold.

 

Resale of your time share may be subject to conditions, including, without limitation, restrictions on the posting of signs, restrictions on the rights of other parties to enter the project unaccompanied, the Developer’s first right of refusal or the Developer’s continued sale of time-share inventory. Any future purchaser may not receive any ancillary benefits which were not part of the time-share plan that the Developer may have offered at the time of purchase.

 

You should check your contract and the governing documents for any such conditions and also check whether your purchase contract or note or any other obligation will be fully due and payable upon sale of your time share.

 

Real estate agents may not be interested in listing your time share.

 

      3.  The public offering statement must include, without limitation, the following information in a form prescribed by the Division:

 


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ê2017 Statutes of Nevada, Page 1099 (Chapter 198, SB 195)ê

 

      (a) A brief history of the developer’s business background, experience in real estate and regulatory history.

      (b) A description of any judgment against the developer or sales and marketing entity which has a material adverse effect on the developer or the time-share plan. If no such judgment exists, there must be a statement of such fact.

      (c) The status of any pending proceeding to which the developer or sales and marketing entity is a party and which has a material adverse effect on the developer or the time-share plan. If no such proceedings exist, there must be a statement of such fact.

      (d) The name and address of the developer, the name of the time-share plan and the address of each component site.

      (e) A summary of the current annual budget of the project or the time-share plan, including:

             (1) The projected assessments for each type of unit offered in the time-share plan; and

             (2) A statement of property taxes assessed against the project and, if not included in the projected assessments, the projected amount of the purchaser’s share of responsibility for the property taxes assessed against the project.

      (f) A detailed description of the type of time-share plan being offered, a description of the type of interest and use rights the purchaser will receive and a description of the total number of time shares in the time-share plan at the time the permit is issued.

      (g) A description of all restrictions, easements, reservations or zoning requirements which may limit the purchaser’s use, sale, lease, transfer or conveyance of the time share. The description must include any restrictions to be imposed on time shares concerning the use of any of the accommodations or facilities, and whether there are restrictions upon children or pets. For the purposes of this paragraph:

             (1) The description may reference a list of the documents containing the restrictions and state that the copies of the documents are available to the purchaser upon request.

             (2) If there are any restrictions upon the sale, lease, transfer or conveyance of a time share, the description must include a statement, in at least 12-point bold type, in substantially the following form:

 

The sale, lease, transfer or conveyance of a time share is restricted or controlled.

(Immediately following this statement, a description of the nature of the restriction, limitation or control on the sale, lease, transfer or conveyance of the time share must be included.)

 

             (3) If there are no restrictions, there must be a statement of that fact.

      (h) A description of the duration, projected phases and operation of the time-share plan.

      (i) A representation by the developer ensuring that the time-share plan maintains a one-to-one use night to use right ratio. For the purposes of the ratio calculation in this paragraph, each purchaser must be counted according to the use rights held by that purchaser in any calendar year. For the purposes of this paragraph, “one-to-one use night to use right ratio” has the meaning ascribed to it in NRS 119A.525.

 


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ê2017 Statutes of Nevada, Page 1100 (Chapter 198, SB 195)ê

 

      (j) A summary of the organization of the association for the time-share plan, the voting rights of the members, the developer’s voting rights in that association, a description of what constitutes a quorum for voting purposes and at what point in the sales program the developer relinquishes his or her control of that association, if applicable, and any other information pertaining to that association which is material to the right of the purchaser to use a time share.

      (k) A description of the existing or proposed accommodations, including a description of the type and number of time shares in the accommodations which is expressed in periods of 7-day use availability or other time increments applicable to the time-share plan and, if the accommodations are proposed or not yet completed or fully functional, an estimated date of completion. For the purposes of this paragraph, the type of accommodation must be described in terms of the number of bedrooms, bathrooms and sleeping capacity, and a statement of whether the accommodation contains a full kitchen. As used in this paragraph, “full kitchen” means a kitchen that includes, at a minimum, a dishwasher, range, sink, oven and refrigerator.

      (l) A description of any existing or proposed amenities of the time-share plan and, if the amenities are proposed or not yet completed or fully functional, the estimated date of completion, including a description of the extent to which financial assurances have been made for the completion of any incomplete but promised amenities.

      (m) The name and principal address of the manager, if any, of the project or time-share plan, as applicable, and a description of the procedures, if any, for altering the powers and responsibilities of the manager and for removing or replacing the manager.

      (n) A description of any liens, defects or encumbrances on or affecting the title to the time share which materially affects the purchaser’s use of the units or facilities within the time-share plan.

      (o) Any special fee due from the purchaser at closing, other than customary closing costs, together with a description of the purpose of the fee.

      (p) Any current or expected fees or charges to be paid by purchasers for the use of any amenities of the time-share plan.

      (q) A statement of whether or not the amenities of the time-share plan will be used exclusively by purchasers of time-shares in, or authorized under, the time-share plan and, if the amenities are not to be used exclusively by such purchasers or authorized users, a statement of whether or not the purchasers of time shares in the time-share plan are required to pay any portion of the maintenance expenses of such amenities in addition to any fees for the use of such amenities.

      (r) A statement indicating that hazard insurance coverage is provided for the project.

      (s) A description of the purchaser’s right to cancel the purchase contract.

      (t) A statement of whether or not the purchaser’s deposit will be held by an escrow agent until the expiration of any right to cancel the contract or, if the purchaser’s deposit will not be held by such an escrow agent, a statement that the purchaser’s deposit will be immediately released to the developer and that the developer has posted a surety bond.

      (u) A statement that the deposit plus any interest earned must be returned to the purchaser if he or she elects to exercise his or her right of cancellation.

 


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ê2017 Statutes of Nevada, Page 1101 (Chapter 198, SB 195)ê

 

      (v) If the time-share plan provides purchasers with the opportunity to participate in an exchange program, the name and address of the exchange company and a description of the method by which a purchaser may choose to participate in the exchange program.

      (w) A description of the reservation system, if applicable, which must include:

             (1) The name of the entity responsible for operating the reservation system, its relationship to the developer and the duration of any agreement for operation of the reservation system; and

             (2) A summary of the rules and regulations governing access to and use of the reservation system, including, without limitation, the existence of and an explanation regarding any priority reservation features that affect a purchaser’s ability to make reservations for the use of a given accommodation on a first-come, first-served basis.

      (x) A description of the points system, if applicable, including, without limitation, whether additional points may be acquired by purchase or otherwise, in the future and the manner in which future purchases of points may be made, and the transferability of points to other persons, other years or other time-share plans. The description must include:

             (1) A statement that no owner shall be prevented from using a time share as a result of changes in the manner in which point values may be used;

             (2) A statement that in the event point values are changed or adjusted, no owner shall be prevented from using his or her home resort, if any, in the same manner as was provided for under the original purchase contract; and

             (3) A description of any limitations or restrictions upon the use of point values.

      (y) A statement as to whether any unit within the time-share plan is within a mixed-use project containing whole ownership condominiums.

      (z) A statement that documents filed with the Division as part of the statement of record which are not delivered to the purchaser are available from the developer upon request.

      (aa) For a time-share plan with more than one component site, a description of each component site. With respect to a component site, the information required by subparagraph (2) and paragraphs (d), (k), (l), (p), (q) and (r) may be disclosed in written, graphic, tabular or any other form approved by the Division. In addition to the information required by paragraphs (a) to (z), inclusive, the description of a time-share plan with more than one component site must include the following information:

             (1) A general statement as to whether the developer has a right to make additions, substitutions or deletions of any accommodations, amenities or component sites, and a statement of the basis upon which accommodations, amenities or component sites may be added to, substituted for or deleted from the time-share plan.

             (2) The location of each component site of the time-share plan, the historical occupancy of the units in each component site for the previous 12-month period, if the component site was part of the time-share plan during the previous 12-month time period, or any other description acceptable to the Division that reasonably informs a purchaser regarding the relative use demand per component site, as well as a statement of any periodic adjustment or amendment to the reservation system that may be needed in order to respond to actual use patterns and changes in use demand for the accommodations existing at that time within the time-share plan.

 


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ê2017 Statutes of Nevada, Page 1102 (Chapter 198, SB 195)ê

 

order to respond to actual use patterns and changes in use demand for the accommodations existing at that time within the time-share plan.

             (3) The number of accommodations and time shares, expressed in periods of 7-day use availability or other time increments applicable to the time-share plan, committed to the time-share plan, and available for use by purchasers, and a statement describing how adequate periods of time for maintenance and repair will be provided.

      (bb) Any other information that the developer, with the approval of the Administrator, decides to include in the public offering statement.

      4.  Copies of the following documents and plans, or proposed documents if the time-share plan has not been declared or created at the time the application for a permit is submitted, to the extent they are applicable, must be provided to the purchaser with the public offering statement:

      (a) Copies of the time-share instruments.

      (b) The estimated or, if applicable, actual operating budget of the time-share plan.

      5.  The public offering statement must include a list of the following documents, if applicable to the time-share plan, and must state that the documents listed are available to the purchaser upon request:

      (a) Any ground lease or other underlying lease of the real property associated with the time-share plan.

      (b) The management agreement of the project or time-share plan, as applicable.

      (c) The floor plan of each type of accommodation and any existing plot plan showing the location of all accommodations and facilities declared as part of the time-share plan and filed with the Division.

      (d) The lease for any facilities that are part of the time-share plan.

      (e) Any executed agreement for the escrow of payments made to the developer before closing.

      (f) Any letter from the escrow agent confirming that the escrow agent and its officers, directors or other partners are independent.

      6.  The Administrator may, upon finding that the subject matter is otherwise adequately covered or the information is unnecessary or inapplicable, waive any requirement set forth in this section.

      Secs. 11 and 12. (Deleted by amendment.)

      Sec. 13. NRS 119A.530 is hereby amended to read as follows:

      119A.530  1.  During any period in which the developer holds a valid permit and the developer or an affiliate of the developer is the manager, the developer or an affiliate of the developer shall provide for the management of the time-share plan and the project, by a written agreement with the association or, if there is no association, with the owners. The initial term of the agreement must expire upon the first annual meeting of the members of the association or at the end of 5 years, whichever comes first. All succeeding terms of the agreement must be renewed annually unless the manager refuses to renew the agreement or a majority of the members of the association who are entitled to vote, excluding the developer, notifies the manager of its refusal to renew the agreement.

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 1103 (Chapter 198, SB 195)ê

 

      2.  The agreement must provide that:

      (a) The manager or a majority of the owners may terminate the agreement for cause.

      (b) The resignation of the manager will not be accepted until 90 days after receipt by the association, or if there is no association, by the owners, of the written resignation.

      (c) A fidelity bond must be delivered by the manager to the association.

      3.  An agreement entered into or renewed on or after October 1, 2001, must contain a detailed, itemized schedule of all fees, compensation or other property that the manager is entitled to receive for services rendered to the association or any member of the association or otherwise derived from the manager’s affiliation with the time-share plan or the project, or both . [, unless the manager is the developer or an affiliate of the developer. Upon the request of the association, the] The manager shall disclose to the association [annual revenue received by the manager] annually and make available electronically to an owner upon request a report describing all fees, compensation or other property that the manager is entitled to receive for services rendered to the association or any member of the association or otherwise derived from the manager’s affiliation with the time-share plan or the project, or both.

      4.  Except as otherwise provided in this subsection, if the developer retains a property interest in the project, the parties to such an agreement must include the developer, the manager and the association. In addition to the provisions required in subsections 1 and 2, the agreement must provide:

      (a) That the project will be maintained in good condition. Except as otherwise provided in this paragraph, any defect which is not corrected within 10 days after notification by the developer may be corrected by the developer. In an emergency situation, notice is not required. The association must repay the developer for any cost of the repairs plus the legal rate of interest. Each owner must be assessed for his or her share of the cost of repairs.

      (b) That, if any dispute arises between the developer and the manager or association, either party may request from the American Arbitration Association or the Nevada Arbitration Association a list of seven potential fact finders from which one must be chosen to settle the dispute. The agreement must provide for the method of selecting one fact finder from this list.

      (c) For the collection of assessments from the owners to pay obligations which may be due to the developer for breach of the covenant to maintain the premises in good condition and repair.

Ê If the developer is not made a party to this agreement, the developer shall be considered to be a third-party beneficiary of such an agreement.

      5.  The provisions of this section and NRS 119A.532 and 119A.534 do not apply to the management of a project located outside of this State.

________

 


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ê2017 Statutes of Nevada, Page 1104ê

 

CHAPTER 199, SB 240

Senate Bill No. 240–Senator Harris

 

CHAPTER 199

 

[Approved: May 27, 2017]

 

AN ACT relating to gaming; providing that certain laws governing pari-mutuel wagering on a race or sporting event apply to pari-mutuel wagering on other events; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a person who operates a sports pool to obtain all required gaming licenses before operating the sports pool. (NRS 463.160, 464.010) Existing law defines a “sports pool” as the business of accepting wagers on sporting events or other events by any system or method of wagering, including, without limitation, the pari-mutuel system of wagering. (NRS 463.0193) The regulations of the Nevada Gaming Commission provide that “other events” are events other than horse races, animal races or athletic sports events. (Nev. Gaming Comm’n Regs. §§ 22.010, 22.120) Sections 3-7 of this bill provide that existing laws governing pari-mutuel wagering on a race or sporting event apply to pari-mutuel wagering on other events.

 

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 and 2. (Deleted by amendment.)

      Sec. 3. NRS 464.005 is hereby amended to read as follows:

      464.005  As used in this chapter, unless the context otherwise requires:

      1.  “Gross revenue” means the amount of the commission received by a licensee that is deducted from off-track pari-mutuel wagering, plus breakage and the face amount of unpaid winning tickets that remain unpaid for a period specified by the Nevada Gaming Commission.

      2.  “Off-track pari-mutuel system” means a computerized system, or component of such a system, that is used with regard to a pari-mutuel pool to transmit information such as amounts wagered, odds and payoffs on races [.] , sporting events or other events.

      3.  “Off-track pari-mutuel wagering” means any pari-mutuel system of wagering approved by the Nevada Gaming Commission for the acceptance of wagers on:

      (a) Horse or dog races which take place outside of this state; [or]

      (b) Sporting events [.] ; or

      (c) Other events.

      4.  “Operator of a system” means a person engaged in providing an off-track pari-mutuel system.

      5.  “Pari-mutuel system of wagering” means any system whereby wagers with respect to the outcome of a race , [or] sporting event or other event are placed in a wagering pool conducted by a person licensed or otherwise permitted to do so under state law, and in which the participants are wagering with each other and not against that person. The term includes off-track pari-mutuel wagering.

 


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ê2017 Statutes of Nevada, Page 1105 (Chapter 199, SB 240)ê

 

      Sec. 4. NRS 464.010 is hereby amended to read as follows:

      464.010  1.  It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain in this state, any form of wagering under the pari-mutuel system on any racing , [or] sporting event or other event without having first procured and maintained all required federal, state, county and municipal licenses.

      2.  It is unlawful for any person to function as an operator of a system without having first obtained a state gaming license.

      3.  Where any other state license is required to conduct a racing , [or] sporting event or other event, that license must first be procured before the pari-mutuel system of wagering may be licensed in connection therewith.

      Sec. 5. NRS 464.020 is hereby amended to read as follows:

      464.020  1.  The Nevada Gaming Commission is charged with the administration of this chapter for the protection of the public and in the public interest.

      2.  The Nevada Gaming Commission may issue licenses permitting the conduct of the pari-mutuel system of wagering, including off-track pari-mutuel wagering, and may adopt, amend and repeal regulations relating to the conduct of such wagering.

      3.  The wagering must be conducted only by the licensee at the times determined by the Nevada Gaming Commission and only:

      (a) Within the enclosure wherein the race , [or other] sporting event or other event which is the subject of the wagering occurs; or

      (b) Within a licensed gaming establishment which has been approved to conduct off-track pari-mutuel wagering.

Ê This subsection does not prohibit a person licensed to accept, pursuant to regulations adopted by the Nevada Gaming Commission, off-track pari-mutuel wagers from accepting wagers made by wire communication from patrons within the State of Nevada, from other states in which such wagering is legal or from places outside the United States in which such wagering is legal.

      4.  The regulations of the Nevada Gaming Commission may include, without limitation:

      (a) Requiring fingerprinting of an applicant or licensee, or other method of identification.

      (b) Requiring information concerning an applicant’s antecedents, habits and character.

      (c) Prescribing the method and form of application which any applicant for a license issued pursuant to this chapter must follow and complete before consideration of the applicant’s application by the Nevada Gaming Commission.

      (d) Prescribing the permissible communications technology and requiring the implementation of border control technology that will ensure that a person cannot place a wager with a [race book] licensee in this State from another state or another location where placing such a wager is illegal.

      5.  The Nevada Gaming Commission may appoint an Off-Track Pari-Mutuel Wagering Committee consisting of 11 persons who are licensed to engage in off-track pari-mutuel wagering. If the Commission appoints such a Committee, it shall appoint to the Committee:

 


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ê2017 Statutes of Nevada, Page 1106 (Chapter 199, SB 240)ê

 

      (a) Five members from a list of nominees provided by the State Association of Gaming Establishments whose members collectively paid the most gross revenue fees to the State pursuant to NRS 463.370 in the preceding year;

      (b) Three members who, in the preceding year, paid gross revenue fees pursuant to NRS 463.370 in an amount that was less than the average amount of gross revenue fees paid by licensees engaged in off-track pari-mutuel wagering in the preceding year; and

      (c) Three other members.

Ê If a vacancy occurs in a position on the Committee for any reason, including, but not limited to, termination of a member, the Commission shall appoint a successor member who satisfies the same criteria in paragraph (a), (b) or (c) that applied to the member whose position has been vacated.

      6.  If the Nevada Gaming Commission appoints an Off-Track Pari-Mutuel Wagering Committee pursuant to subsection 5, the Commission shall:

      (a) Grant to the Off-Track Pari-Mutuel Wagering Committee the exclusive right to negotiate an agreement relating to off-track pari-mutuel wagering with:

             (1) A person who is licensed or otherwise permitted to operate a wagering pool in another state; and

             (2) A person who is licensed pursuant to this chapter as an operator of a system.

      (b) Require that any agreement negotiated by the Off-Track Pari-Mutuel Wagering Committee with a track relating to off-track pari-mutuel wagering must not set a different rate for intrastate wagers placed on the licensed premises of a race book and wagers placed through the use of communications technology.

      (c) Require the Off-Track Pari-Mutuel Wagering Committee to grant to each person licensed pursuant to this chapter to operate an off-track pari-mutuel race pool the right to receive, on a fair and equitable basis, all services concerning wagering in such a race pool that the Committee has negotiated to bring into or provide within this State.

      7.  The Nevada Gaming Commission shall, and it is granted the power to, demand access to and inspect all books and records of any person licensed pursuant to this chapter pertaining to and affecting the subject of the license.

      Sec. 6. NRS 464.025 is hereby amended to read as follows:

      464.025  1.  The Nevada Gaming Commission, upon the recommendation of the Nevada Gaming Control Board, may adopt regulations for:

 

 

 

 

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 1107 (Chapter 199, SB 240)ê

 

      (a) The conduct by a licensee of off-track pari-mutuel wagering on a race , [or] sporting event or other event; and

      (b) The approval of the terms and conditions of any agreement between a licensee and an agency of the state in which the race , [or] sporting event or other event takes place or a person licensed or approved by that state to participate in the conduct of the race , [or] sporting event or other event or the pari-mutuel system of wagering thereon.

      2.  A person or governmental agency must not receive any commission or otherwise share in the revenue from the conduct of off-track pari-mutuel wagering in this state without the approval of the Nevada Gaming Commission. The Commission may approve any person or governmental agency after such investigation as the Nevada Gaming Control Board deems proper.

      Sec. 7. NRS 464.040 is hereby amended to read as follows:

      464.040  1.  The total commission deducted from pari-mutuel wagering other than off-track pari-mutuel wagering by any licensee licensed pursuant to the provisions of this chapter must not exceed 18 percent of the gross amount of money handled in each pari-mutuel pool operated by the licensee during the period of the license.

      2.  The total commission deducted from off-track pari-mutuel wagering must be determined by the Nevada Gaming Commission and may be divided between the persons licensed or approved to participate in the conduct of the race or event or the pari-mutuel system of wagering thereon. Such licensure or approval must be obtained pursuant to this chapter or chapter 463 of NRS and pursuant to regulations which may be adopted by the Nevada Gaming Commission.

      3.  Except as otherwise provided in NRS 464.045 for off-track pari-mutuel wagering, each licensee shall pay to the Nevada Gaming Commission quarterly on or before the last day of the first month of the following quarter of operation for the use of the State of Nevada a tax at the rate of 3 percent on the total amount of money wagered on any race , [or] sporting event or other event.

      4.  The licensee may deduct odd cents less than 10 cents per dollar in paying bets.

      5.  Except as otherwise provided in NRS 464.045 for off-track pari-mutuel wagering, the amount paid to the Nevada Gaming Commission must be, after deducting costs of administration which must not exceed 5 percent of the amount collected, paid over by the Nevada Gaming Commission to the State Treasurer for deposit in the State General Fund.

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

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ê2017 Statutes of Nevada, Page 1108ê

 

CHAPTER 200, SB 37

Senate Bill No. 37–Committee on Transportation

 

CHAPTER 200

 

[Approved: May 27, 2017]

 

AN ACT relating to special license plates; deleting provisions which require the Department of Motor Vehicles to issue license plates commemorating the 150th anniversary of Nevada’s admission into the Union; authorizing a person to renew those license plates under certain circumstances; setting forth the amount of the fee for renewal; providing for the distribution of those fees for certain purposes; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Department of Motor Vehicles to design, prepare and issue license plates commemorating the 150th anniversary of Nevada’s admission into the Union and to issue those license plates until a date determined by the Director of the Department, but not later than October 31, 2016. A person wishing to obtain those license plates is required to pay $7.50 plus an additional fee of $25.00 for the initial issuance of the license plates and $20.00 for each renewal of the license plates, but those fees must not be charged after the date determined by the Director of the Department to stop issuing those license plates. The money from those fees must be distributed to the Nevada Cultural Affairs Foundation and used for a celebration of the 150th anniversary of Nevada’s admission into the Union and various other projects relating to: (1) the commemoration of the anniversary; (2) the history of the State of Nevada; and (3) preserving and protecting the heritage of the State of Nevada. (NRS 482.37901)

      This bill makes revisions to reflect that the commemorative license plates must no longer be issued. This bill also removes the prohibition on charging the $20 fee for renewal of the license plates after October 31, 2016, and requires the money from the fee for renewal of the license plates to be equally divided between the Division of Museums and History of the Department of Tourism and Cultural Affairs and the Division of State Parks of the State Department of Conservation and Natural Resources and used for: (1) educational projects and initiatives relating to the history of the State of Nevada; and (2) other projects relating to preserving, promoting and protecting the heritage of the State of Nevada.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 482.37901 is hereby amended to read as follows:

      482.37901  1.  Except as otherwise provided in subsection [8, the Department, in cooperation with the Nevada Cultural Affairs Foundation or its successor, shall design, prepare and issue] 6, a person who, on or before October 31, 2016, was issued by the Department license plates which commemorate the 150th anniversary of Nevada’s admission into the Union [, using any colors and designs that the Department deems appropriate.

      2.  The Department shall issue the commemorative license plates] for a passenger car or light commercial vehicle , [upon application by a person] who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter [.

 


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ê2017 Statutes of Nevada, Page 1109 (Chapter 200, SB 37)ê

 

who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter [. A person may request that:

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

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

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

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

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

      4.  Except as otherwise provided in this subsection, in] , payment of the fee for the renewal of the commemorative license plates pursuant to subsection 2 and, if applicable, for a:

      (a) Special legislative license plate issued pursuant to NRS 482.374, the fees for the special legislative license plates; or

      (b) Personalized prestige license plate issued pursuant to NRS 482.3667, the fees for the personalized prestige license plates.

      2.  In addition to all other applicable [registration and license fees and governmental services taxes and the] fees prescribed in subsection [3,] 1, a person who [requests] wishes to renew a set of the commemorative license plates must pay [for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates] a fee of $20, to be distributed pursuant to subsection [5. The fees otherwise required to be paid pursuant to this subsection must not be charged after the date announced by the Director pursuant to subsection 8.] 3.

      [5.] 3.  The Department shall deposit the fees collected pursuant to subsection [4] 2 with the State Treasurer for credit to the State General Fund. [For the duration of the collection of such fees, the] The State Treasurer shall, on a quarterly basis, distribute one-half of the fees to the [Nevada] Division of Museums and History of the Department of Tourism and Cultural Affairs [Foundation or its successor to] and one-half of the fees to the Division of State Parks of the State Department of Conservation and Natural Resources. The money must be used for:

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

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

 

 


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ê2017 Statutes of Nevada, Page 1110 (Chapter 200, SB 37)ê

 

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

      [(d)](b) Other projects relating to preserving , promoting and protecting the heritage of the State of Nevada [.

      6.], including, without limitation, projects relating to:

             (1) The establishment of a new state park, state monument or recreational area pursuant to NRS 407.065; or

             (2) Enhancements or modifications to a state park, state monument or recreational area designated pursuant to NRS 407.120.

      4.  On or before January 1 of each calendar year, the Division of Museums and History of the Department of Tourism and Cultural Affairs and the Division of State Parks of the State Department of Conservation and Natural Resources shall produce a report of:

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

      (b) Associated expenditures,

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

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

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

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

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

      (a) The commemorative license plates after [the date announced by the Director pursuant to this subsection.] October 31, 2016.

      (b) Replacement commemorative license plates for those license plates [more than 5 years] after [the date announced by the Director pursuant to this subsection.] October 31, 2021.

      Sec. 2.  Unless committed for expenditure before July 1, 2017, any fees distributed by the State Treasurer from the State General Fund to the Cultural Affairs Foundation or its successor before July 1, 2017, may be used on or after that date for any projects or initiatives specified in subsection 3 of NRS 482.37901, as amended by section 1 of this act.

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

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

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ê2017 Statutes of Nevada, Page 1111ê

 

CHAPTER 201, SB 513

Senate Bill No. 513–Committee on Natural Resources

 

CHAPTER 201

 

[Approved: May 27, 2017]

 

AN ACT relating to water; increasing the limit on the assessment for water distribution expenses; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that when a stream system irrigates more than 200,000 acres of land, the assessment for water distribution must not exceed 30 cents per acre-foot of water decreed. (NRS 533.280) This bill increases the assessment limit to $1 per acre-foot of water decreed.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 533.280 is hereby amended to read as follows:

      533.280  1.  The State Engineer shall, between the first Monday of October and the first Monday of December of each year, prepare a budget of the amount of money estimated to be necessary to pay the expenses of the stream system or each water district for the then current year.

      2.  The budget must show the following detail:

      (a) The aggregate amount estimated to be necessary to pay the expenses of the stream system or water district.

      (b) The aggregate water rights in the stream system or water district as determined by the State Engineer or the court.

      (c) The unit charge necessary to provide the money required.

      (d) The charge against each water user, which must be based upon the proportion which the water right of that water user bears to the aggregate water rights in the stream system, but the minimum charge is $1.

      3.  When the stream system lies in more than one county, a separate budget must be prepared for each county showing only the claimants and charges assessable within the county.

      4.  When the stream system irrigates more than 200,000 acres of land, the assessment for water distribution expenses must not exceed [30 cents] $1 per acre-foot of water decreed.

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

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ê2017 Statutes of Nevada, Page 1112ê

 

CHAPTER 202, SB 33

Senate Bill No. 33–Committee on Judiciary

 

CHAPTER 202

 

[Approved: May 29, 2017]

 

AN ACT relating to real property; prohibiting the foreclosure of real property owned by certain military personnel or their dependents in certain circumstances; prohibiting the foreclosure of a lien against a unit in a common-interest community owned by certain military personnel or their dependents in certain circumstances; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The federal Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq., generally provides for the temporary suspension of certain judicial and administrative proceedings and transactions that could adversely affect the civil rights of a servicemember during his or her military service. (50 U.S.C. § 3902) The Act provides that in any action filed during, or within 1 year after, a servicemember’s period of military service to enforce an obligation on real or personal property owned by a servicemember that: (1) originated before the period of such military service and for which the servicemember is still obligated; and (2) is secured by a mortgage, trust deed or other security in the nature of a mortgage, a court is generally authorized or required, depending on the circumstances, to stay the proceedings or adjust the obligation to preserve the interests of all parties. The Act further provides that absent a court order or agreement, a sale, foreclosure or seizure of property for a breach of any such obligation is not valid if it is made during or within 1 year after the period of the servicemember’s military service. Any person who knowingly makes or causes to be made a sale, foreclosure or seizure of property in violation of such a provision, or knowingly attempts to do so, is guilty of a misdemeanor. (50 U.S.C. § 3953) Additionally, the Act provides that upon application to a court, a dependent of a servicemember is entitled to the protections offered to a servicemember if the ability of the dependent to comply with certain obligations is materially affected by the servicemember’s military service. (50 U.S.C. § 3959)

      The provisions of the Act that grant protection from a sale, foreclosure or seizure of property for a period of 1 year after a servicemember’s military service currently remain effective until December 31, 2017, and on January 1, 2018, the period of protection will decrease to 90 days. (Section 710(d) of the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012, Public Law 112-154, 126 Stat. 1208; section 2 of the Foreclosure Relief and Extension for Servicemembers Act of 2015, Public Law 114-142, 130 Stat. 326)

      Section 1 of this bill grants under Nevada law the period of protection currently provided under federal law. Section 1 provides that if a mortgagor or grantor of a deed of trust under a residential mortgage loan is a servicemember or, in certain circumstances, a dependent of a servicemember, a person is generally prohibited from initiating or directing or authorizing another person to initiate a foreclosure sale during any period the servicemember is on active duty or deployment or for a period of 1 year immediately following the end of such active duty or deployment. Section 1 also provides that in any civil action for a foreclosure sale that is filed against a servicemember or, if applicable, a dependent of a servicemember while the servicemember is on active duty or deployment or during the 1-year period immediately following the end of such active duty or deployment, the court is authorized or required, depending on the circumstances, to stay the proceedings in the action for a certain period or adjust the obligation to preserve the interests of the parties unless the court determines that the ability of the servicemember or dependent to comply with the terms of the obligation secured by the residential mortgage loan is not materially affected by the servicemember’s active duty or deployment.

 


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ê2017 Statutes of Nevada, Page 1113 (Chapter 202, SB 33)ê

 

not materially affected by the servicemember’s active duty or deployment. Section 1 additionally provides that any such protection against foreclosure only applies to a residential mortgage loan that was secured before the servicemember was called to active duty or deployment. Section 1 further provides that any person who knowingly initiates or directs or authorizes another person to initiate a foreclosure sale in violation of the provisions of section 1, other than a trustee who initiates a foreclosure sale pursuant to the direction or authorization of another person, is guilty of a misdemeanor and may be liable for actual damages, reasonable attorney’s fees and costs incurred by the injured party. In imposing any such liability and determining whether to reduce such liability, a court is required to take into consideration any due diligence used by the person before he or she initiated or directed or authorized another person to initiate the foreclosure sale. Finally, section 1 provides that any applicable statute of limitations or period within which a servicemember is required to submit proof of service that is prescribed by state law is tolled during the period of protection provided pursuant to section 1.

      Section 5.3 of this bill applies the applicable provisions set forth in section 1 to the foreclosure of a lien of a unit-owners’ association against a unit in a common-interest community and provides that if a unit’s owner or his or her successor in interest is a servicemember or, in certain circumstances, a dependent of a servicemember, an association is generally prohibited from initiating the foreclosure of a lien by sale during any period the servicemember is on active duty or deployment or for a period of 1 year immediately following the end of such active duty or deployment. Section 5.3 also requires a unit-owners’ association to: (1) inform each unit’s owner or his or her successor in interest that if the person is a servicemember or a dependent of a servicemember, he or she may be entitled to certain protections pursuant to section 5.3; and (2) give the person the opportunity to provide any information required to enable the association to verify whether the person is entitled to the protections set forth in section 5.3, including, without limitation, the social security number and date of birth of the person. Section 5.3 also requires that before an association takes certain action relating to the foreclosure of a lien by sale, the association must, if such information is provided, verify whether a unit’s owner or his or her successor in interest is entitled to the protections set forth in section 5.3 or, if such information is not provided, make a good faith effort to verify whether a unit’s owner or his or her successor in interest is entitled to such protections.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 40 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Notwithstanding any other provision of law and except as otherwise ordered by a court of competent jurisdiction, if a borrower is a servicemember or, in accordance with subsection 5, a dependent of a servicemember, a person shall not initiate or direct or authorize another person to initiate a foreclosure sale during any period that the servicemember is on active duty or deployment or for a period of 1 year immediately following the end of such active duty or deployment.

      2.  Except as otherwise provided in subsection 3, in any civil action for a foreclosure sale pursuant to NRS 40.430 involving a failure to make a payment required by a residential mortgage loan that is filed against a servicemember or, in accordance with subsection 5, a dependent of a servicemember, while the servicemember is on active duty or deployment or during the 1-year period immediately following the end of such active duty or deployment, the court may, on its own motion after a hearing, or shall, on a motion or on behalf of the servicemember or dependent of the servicemember, as applicable, do one or both of the following:

 


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ê2017 Statutes of Nevada, Page 1114 (Chapter 202, SB 33)ê

 

on a motion or on behalf of the servicemember or dependent of the servicemember, as applicable, do one or both of the following:

      (a) Stay the proceedings in the action until at least 1 year after the end of the servicemember’s active duty or deployment; or

      (b) Adjust the obligation to preserve the interests of the parties.

      3.  The provisions of subsection 2 do not apply if the court determines that the ability of the servicemember or dependent of the servicemember to comply with the terms of the obligation secured by the residential mortgage loan is not materially affected by the servicemember’s active duty or deployment.

      4.  The provisions of this section apply only to a residential mortgage loan that was secured by a servicemember or, in accordance with subsection 5, a dependent of a servicemember, before the servicemember was called to active duty or deployment.

      5.  Upon application to the court, a dependent of a servicemember is entitled to the protections provided to a servicemember pursuant to this section if the ability of the dependent to make payments required by a residential mortgage loan is materially affected by the servicemember’s active duty or deployment.

      6.  Except as otherwise provided in subsection 7, any person who knowingly initiates or directs or authorizes another person to initiate a foreclosure sale in violation of this section:

      (a) Is guilty of a misdemeanor; and

      (b) May be liable for actual damages, reasonable attorney’s fees and costs incurred by the injured party.

      7.  The provisions of subsection 6 do not apply to a trustee who initiates a foreclosure sale pursuant to the direction or authorization of another person.

      8.  In imposing liability pursuant to paragraph (b) of subsection 6, a court shall, when determining whether to reduce such liability, take into consideration any due diligence used by the person before he or she initiated or directed or authorized another person to initiate the foreclosure sale.

      9.  Notwithstanding any other provision of law, any applicable statute of limitations or period within which a servicemember is required to submit proof of service that is prescribed by state law is tolled during the period of protection provided to a servicemember or dependent of a servicemember pursuant to this section.

      10.  As used in this section:

      (a) “Active duty” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. §§ 1209 and 1211.

      (b) “Borrower” has the meaning ascribed to it in NRS 107.410.

      (c) “Dependent” has the meaning ascribed to it in 50 U.S.C. § 3911.

      (d) “Deployment” means the movement or mobilization of a servicemember from his or her home station to another location for more than 90 days pursuant to military orders.

      (e) “Initiate a foreclosure sale” means to commence a civil action for a foreclosure sale pursuant to NRS 40.430 or, in the case of the exercise of a trustee’s power of sale pursuant to NRS 107.080, to execute and cause to be recorded in the office of the county recorder a notice of the breach and of the election to sell or cause to be sold the property pursuant to paragraph (c) of subsection 2 of NRS 107.080.

 


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ê2017 Statutes of Nevada, Page 1115 (Chapter 202, SB 33)ê

 

of the election to sell or cause to be sold the property pursuant to paragraph (c) of subsection 2 of NRS 107.080.

      (f) “Military” means the Armed Forces of the United States, a reserve component thereof or the National Guard.

      (g) “Residential mortgage loan” has the meaning ascribed to it in NRS 107.450.

      (h) “Servicemember” means a member of the military.

      (i) “Trustee” means a person described in NRS 107.028.

      Sec. 2. NRS 40.426 is hereby amended to read as follows:

      40.426  As used in NRS 40.426 to 40.495, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 40.427, 40.428 and 40.429 have the meanings ascribed to them in those sections.

      Sec. 3. NRS 40.430 is hereby amended to read as follows:

      40.430  1.  Except in cases where a person proceeds under subsection 2 of NRS 40.495 or subsection 1 of NRS 40.512, and except as otherwise provided in NRS 118C.220, there may be but one action for the recovery of any debt, or for the enforcement of any right secured by a mortgage or other lien upon real estate. That action must be in accordance with the provisions of NRS 40.426 to 40.459, inclusive [.] , and section 1 of this act. In that action, the judgment must be rendered for the amount found due the plaintiff, and the court, by its decree or judgment, may direct a sale of the encumbered property, or such part thereof as is necessary, and apply the proceeds of the sale as provided in NRS 40.462.

      2.  This section must be construed to permit a secured creditor to realize upon the collateral for a debt or other obligation agreed upon by the debtor and creditor when the debt or other obligation was incurred.

      3.  At any time not later than 5 business days before the date of sale directed by the court, if the deficiency resulting in the action for the recovery of the debt has arisen by failure to make a payment required by the mortgage or other lien, the deficiency may be made good by payment of the deficient sum and by payment of any costs, fees and expenses incident to making the deficiency good. If a deficiency is made good pursuant to this subsection, the sale may not occur.

      4.  A sale directed by the court pursuant to subsection 1 must be conducted in the same manner as the sale of real property upon execution, by the sheriff of the county in which the encumbered land is situated, and if the encumbered land is situated in two or more counties, the court shall direct the sheriff of one of the counties to conduct the sale with like proceedings and effect as if the whole of the encumbered land were situated in that county.

      5.  Within 30 days after a sale of property is conducted pursuant to this section, the sheriff who conducted the sale shall record the sale of the property in the office of the county recorder of the county in which the property is located.

      6.  As used in this section, an “action” does not include any act or proceeding:

      (a) To appoint a receiver for, or obtain possession of, any real or personal collateral for the debt or as provided in NRS 32.015.

      (b) To enforce a security interest in, or the assignment of, any rents, issues, profits or other income of any real or personal property.

 


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ê2017 Statutes of Nevada, Page 1116 (Chapter 202, SB 33)ê

 

      (c) To enforce a mortgage or other lien upon any real or personal collateral located outside of the State which does not, except as required under the laws of that jurisdiction, result in a personal judgment against the debtor.

      (d) For the recovery of damages arising from the commission of a tort, including a recovery under NRS 40.750, or the recovery of any declaratory or equitable relief.

      (e) For the exercise of a power of sale pursuant to NRS 107.080.

      (f) For the exercise of any right or remedy authorized by chapter 104 of NRS or by the Uniform Commercial Code as enacted in any other state, including, without limitation, an action for declaratory relief pursuant to chapter 30 of NRS to ascertain the identity of the person who is entitled to enforce an instrument pursuant to NRS 104.3309.

      (g) For the exercise of any right to set off, or to enforce a pledge in, a deposit account pursuant to a written agreement or pledge.

      (h) To draw under a letter of credit.

      (i) To enforce an agreement with a surety or guarantor if enforcement of the mortgage or other lien has been automatically stayed pursuant to 11 U.S.C. § 362 or pursuant to an order of a federal bankruptcy court under any other provision of the United States Bankruptcy Code for not less than 120 days following the mailing of notice to the surety or guarantor pursuant to subsection 1 of NRS 107.095.

      (j) To collect any debt, or enforce any right, secured by a mortgage or other lien on real property if the property has been sold to a person other than the creditor to satisfy, in whole or in part, a debt or other right secured by a senior mortgage or other senior lien on the property.

      (k) Relating to any proceeding in bankruptcy, including the filing of a proof of claim, seeking relief from an automatic stay and any other action to determine the amount or validity of a debt.

      (l) For filing a claim pursuant to chapter 147 of NRS or to enforce such a claim which has been disallowed.

      (m) Which does not include the collection of the debt or realization of the collateral securing the debt.

      (n) Pursuant to NRS 40.507 or 40.508.

      (o) Pursuant to an agreement entered into pursuant to NRS 361.7311 between an owner of the property and the assignee of a tax lien against the property, or an action which is authorized by NRS 361.733.

      (p) Which is exempted from the provisions of this section by specific statute.

      (q) To recover costs of suit, costs and expenses of sale, attorneys’ fees and other incidental relief in connection with any action authorized by this subsection.

      Sec. 4. NRS 107.480 is hereby amended to read as follows:

      107.480  1.  In addition to the requirements of NRS 107.085 and 107.086, and section 1 of this act, the exercise of a trustee’s power of sale pursuant to NRS 107.080 with respect to a deed of trust securing a residential mortgage loan is subject to the provisions of NRS 107.400 to 107.560, inclusive.

      2.  In addition to the requirements of NRS 40.430 to 40.4639, inclusive, and section 1 of this act, a civil action for a foreclosure sale pursuant to NRS 40.430 involving a failure to make a payment required by a residential mortgage loan is subject to the requirements of NRS 107.400 to 107.560, inclusive.

 


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ê2017 Statutes of Nevada, Page 1117 (Chapter 202, SB 33)ê

 

      Sec. 5. NRS 107.500 is hereby amended to read as follows:

      107.500  1.  At least 30 calendar days before recording a notice of default and election to sell pursuant to subsection 2 of NRS 107.080 or commencing a civil action for a foreclosure sale pursuant to NRS 40.430 involving a failure to make a payment required by a residential mortgage loan and at least 30 calendar days after the borrower’s default, the mortgage servicer, mortgagee or beneficiary of the deed of trust shall mail, by first-class mail, a notice addressed to the borrower at the borrower’s primary address as indicated in the records of the mortgage servicer, mortgagee or beneficiary of the deed of trust, which contains:

      (a) A statement that if the borrower is a servicemember or a dependent of a servicemember, he or she may be entitled to certain protections under the federal Servicemembers Civil Relief Act, 50 U.S.C. [Appx.] §§ [501] 3901 et seq., and section 1 of this act, regarding the servicemember’s interest rate and the risk of foreclosure, and counseling for covered servicemembers that is available from Military OneSource and the United States Armed Forces Legal Assistance or any other similar agency.

      (b) A summary of the borrower’s account which sets forth:

             (1) The total amount of payment necessary to cure the default and reinstate the residential mortgage loan or to bring the residential mortgage loan into current status;

             (2) The amount of the principal obligation under the residential mortgage loan;

             (3) The date through which the borrower’s obligation under the residential mortgage loan is paid;

             (4) The date of the last payment by the borrower;

             (5) The current interest rate in effect for the residential mortgage loan, if the rate is effective for at least 30 calendar days;

             (6) The date on which the interest rate for the residential mortgage loan may next reset or adjust, unless the rate changes more frequently than once every 30 calendar days;

             (7) The amount of the prepayment fee charged under the residential mortgage loan, if any;

             (8) A description of any late payment fee charged under the residential mortgage loan;

             (9) A telephone number or electronic mail address that the borrower may use to obtain information concerning the residential mortgage loan; and

             (10) The names, addresses, telephone numbers and Internet website addresses of one or more counseling agencies or programs approved by the United States Department of Housing and Urban Development.

      (c) A statement of the facts establishing the right of the mortgage servicer, mortgagee or beneficiary of the deed of trust to cause the trustee to exercise the trustee’s power of sale pursuant to NRS 107.080 or to commence a civil action for the recovery of any debt, or for the enforcement of any right, under a residential mortgage loan that is not barred by NRS 40.430.

      (d) A statement of the foreclosure prevention alternatives offered by, or through, the mortgage servicer, mortgagee or beneficiary of the deed of trust.

      (e) A statement that the borrower may request:

             (1) A copy of the borrower’s promissory note or other evidence of indebtedness;

             (2) A copy of the borrower’s mortgage or deed of trust;

 


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             (3) A copy of any assignment, if applicable, of the borrower’s mortgage or deed of trust required to demonstrate the right of the mortgage servicer, mortgagee or beneficiary of the deed of trust to cause the trustee to exercise the trustee’s power of sale pursuant to NRS 107.080 or to commence a civil action for the recovery of any debt, or for the enforcement of any right, under a residential mortgage loan that is not barred by NRS 40.430; and

             (4) A copy of the borrower’s payment history since the borrower was last less than 60 calendar days past due.

      2.  Unless a borrower has exhausted the process described in NRS 107.520 and 107.530 for applying for a foreclosure prevention alternative offered by, or through, the mortgage servicer, mortgagee or beneficiary of the deed of the trust, not later than 5 business days after a notice of default and election to sell is recorded pursuant to subsection 2 of NRS 107.080 or a civil action for the recovery of any debt, or for the enforcement of any right, under a residential mortgage loan that is not barred by NRS 40.430 is commenced, the mortgage servicer, mortgagee or beneficiary of the deed of trust that offers one or more foreclosure prevention alternatives must send to the borrower a written statement:

      (a) That the borrower may be evaluated for a foreclosure prevention alternative or, if applicable, foreclosure prevention alternatives;

      (b) Whether a complete application is required to be submitted by the borrower if the borrower wants to be considered for a foreclosure prevention alternative; and

      (c) Of the means and process by which a borrower may obtain an application for a foreclosure prevention alternative.

      Sec. 5.3. Chapter 116 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Notwithstanding any other provision of law and except as otherwise provided in subsection 2 or ordered by a court of competent jurisdiction, if a unit’s owner or his or her successor in interest is a servicemember or, in accordance with subsection 3, a dependent of a servicemember, an association shall not initiate the foreclosure of a lien by sale during any period that the servicemember is on active duty or deployment or for a period of 1 year immediately following the end of such active duty or deployment.

      2.  The provisions of subsection 1 do not apply if a court determines that the ability of the servicemember or dependent of the servicemember to comply with the terms of the obligation secured by the lien of a unit-owners’ association is not materially affected by the servicemember’s active duty or deployment.

      3.  Upon application to the court, a dependent of a servicemember is entitled to the protections provided to a servicemember pursuant to this section if the ability of the dependent to make payments required by a lien of a unit-owners’ association is materially affected by the servicemember’s active duty or deployment.

      4.  An association shall:

      (a) Inform each unit’s owner or his or her successor in interest that if the person is a servicemember or a dependent of a servicemember, he or she may be entitled to certain protections pursuant to this section; and

 


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      (b) Give the person the opportunity to provide any information required to enable the association to verify whether he or she is entitled to the protections set forth in this section, including, without limitation, the social security number and date of birth of the person.

      5.  Before an association takes any action pursuant to paragraph (a) of subsection 4 of NRS 116.31162, if information required to verify whether a unit’s owner or his or her successor in interest is entitled to the protections set forth in this section:

      (a) Has been provided to the association pursuant to subsection 4, the association must verify whether the person is entitled to the protections set forth in this section.

      (b) Has not been provided to the association pursuant to subsection 4, the association must make a good faith effort to verify whether the person is entitled to the protections set forth in this section.

      6.  Any person who knowingly initiates the foreclosure of a lien by sale in violation of this section:

      (a) Is guilty of a misdemeanor; and

      (b) May be liable for actual damages, reasonable attorney’s fees and costs incurred by the injured party.

      7.  In imposing liability pursuant to paragraph (b) of subsection 6, a court shall, when determining whether to reduce such liability, take into consideration any due diligence used by the person before he or she initiated the foreclosure of the lien by sale.

      8.  Notwithstanding any other provision of law, any applicable statute of limitations or period within which a servicemember is required to submit proof of service that is prescribed by state law is tolled during the period of protection provided to a servicemember or dependent of a servicemember pursuant to this section.

      9.  As used in this section:

      (a) “Active duty” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. §§ 1209 and 1211.

      (b) “Dependent” has the meaning ascribed to it in 50 U.S.C. § 3911.

      (c) “Deployment” means the movement or mobilization of a servicemember from his or her home station to another location for more than 90 days pursuant to military orders.

      (d) “Good faith effort” means that an association acts honestly and fairly when trying to verify whether a unit’s owner or his or her successor in interest is entitled to the protections set forth in this section, as evidenced by the following actions:

             (1) The association informs the unit’s owner or his or her successor in interest of the information required pursuant to paragraph (a) of subsection 4;

             (2) The association makes reasonable efforts to give the unit’s owner or his or her successor in interest the opportunity to provide any information required to enable the association to verify whether the person is entitled to the protections set forth in this section pursuant to paragraph (b) of subsection 4; and

             (3) The association makes reasonable efforts to utilize all resources available to the association to verify whether the unit’s owner or his or her successor in interest is a servicemember, including, without limitation, the Internet website maintained by the United States Department of Defense.

 


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      (e) “Initiate the foreclosure of a lien by sale” means to take any action in furtherance of foreclosure of a lien by sale after taking the actions set forth in paragraph (a) of subsection 4 of NRS 116.31162.

      (f) “Military” means the Armed Forces of the United States, a reserve component thereof or the National Guard.

      (g) “Servicemember” means a member of the military.

      Sec. 5.7.NRS 116.31162 is hereby amended to read as follows:

      116.31162  1.  Except as otherwise provided in subsection 5, 6 or 7, in a condominium, in a planned community, in a cooperative where the owner’s interest in a unit is real estate under NRS 116.1105, or in a cooperative where the owner’s interest in a unit is personal property under NRS 116.1105 and the declaration provides that a lien may be foreclosed under NRS 116.31162 to 116.31168, inclusive, and section 5.3 of this act, the association may foreclose its lien by sale after all of the following occur:

      (a) The association has mailed by certified or registered mail, return receipt requested, to the unit’s owner or his or her successor in interest, at his or her address, if known, and at the address of the unit, a notice of delinquent assessment which states the amount of the assessments and other sums which are due in accordance with subsection 1 of NRS 116.3116, a description of the unit against which the lien is imposed and the name of the record owner of the unit.

      (b) Not less than 30 days after mailing the notice of delinquent assessment pursuant to paragraph (a), the association or other person conducting the sale has executed and caused to be recorded, with the county recorder of the county in which the common-interest community or any part of it is situated, a notice of default and election to sell the unit to satisfy the lien which must contain the same information as the notice of delinquent assessment and which must also comply with the following:

             (1) Describe the deficiency in payment.

             (2) State the total amount of the deficiency in payment, with a separate statement of:

                   (I) The amount of the association’s lien that is prior to the first security interest on the unit pursuant to subsection 3 of NRS 116.3116 as of the date of the notice;

                   (II) The amount of the lien described in sub-subparagraph (I) that is attributable to assessments based on the periodic budget adopted by the association pursuant to NRS 116.3115 as of the date of the notice;

                    (III) The amount of the lien described in sub-subparagraph (I) that is attributable to amounts described in NRS 116.310312 as of the date of the notice; and

                   (IV) The amount of the lien described in sub-subparagraph (I) that is attributable to the costs of enforcing the association’s lien as of the date of the notice.

             (3) State that:

                   (I) If the holder of the first security interest on the unit does not satisfy the amount of the association’s lien that is prior to that first security interest pursuant to subsection 3 of NRS 116.3116, the association may foreclose its lien by sale and that the sale may extinguish the first security interest as to the unit; and

                   (II) If, not later than 5 days before the date of the sale, the holder of the first security interest on the unit satisfies the amount of the association’s lien that is prior to that first security interest pursuant to subsection 3 of NRS 116.3116 and, not later than 2 days before the date of the sale, a record of such satisfaction is recorded in the office of the recorder of the county in which the unit is located, the association may foreclose its lien by sale but the sale may not extinguish the first security interest as to the unit.

 


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subsection 3 of NRS 116.3116 and, not later than 2 days before the date of the sale, a record of such satisfaction is recorded in the office of the recorder of the county in which the unit is located, the association may foreclose its lien by sale but the sale may not extinguish the first security interest as to the unit.

             (4) State the name and address of the person authorized by the association to enforce the lien by sale.

             (5) Contain, in 14-point bold type, the following warning:

 

WARNING! IF YOU FAIL TO PAY THE AMOUNT SPECIFIED IN THIS NOTICE, YOU COULD LOSE YOUR HOME, EVEN IF THE AMOUNT IS IN DISPUTE!

 

      (c) The unit’s owner or his or her successor in interest has failed to pay the amount of the lien, including costs, fees and expenses incident to its enforcement, for 90 days following the recording of the notice of default and election to sell.

      (d) The unit’s owner or his or her successor in interest, or the holder of a recorded security interest on the unit, has, for a period which commences in the manner and subject to the requirements described in subsection 3 and which expires 5 days before the date of sale, failed to pay the assessments and other sums that are due to the association in accordance with subsection 1 of NRS 116.3116.

      (e) The association or other person conducting the sale has executed and caused to be recorded, with the county recorder of the county in which the common-interest community or any part of it is situated, an affidavit which states, based on the direct, personal knowledge of the affiant, the personal knowledge which the affiant acquired by a review of a trustee sale guarantee or a similar product or the personal knowledge which the affiant acquired by a review of the business records of the association or other person conducting the sale, which business records must meet the standards set forth in NRS 51.135, the following:

             (1) The name of each holder of a security interest on the unit to which the notice of default and election to sell and the notice of sale was mailed, as required by subsection 2 of NRS 116.31163 and paragraph (d) of subsection 1 of NRS 116.311635; and

             (2) The address at which the notices were mailed to each such holder of a security interest.

      2.  The notice of default and election to sell must be signed by the person designated in the declaration or by the association for that purpose or, if no one is designated, by the president of the association.

      3.  The period of 90 days described in paragraph (c) of subsection 1 begins on the first day following:

      (a) The date on which the notice of default and election to sell is recorded; or

      (b) The date on which a copy of the notice of default and election to sell is mailed by certified or registered mail, return receipt requested, to the unit’s owner or his or her successor in interest at his or her address, if known, and at the address of the unit,

Ê whichever date occurs later.

      4.  An association may not mail to a unit’s owner or his or her successor in interest a letter of its intent to mail a notice of delinquent assessment pursuant to paragraph (a) of subsection 1, mail the notice of delinquent assessment or take any other action to collect a past due obligation from a unit’s owner or his or her successor in interest unless [:] the association has complied with the provisions of subsections 4 and 5 of section 5.3 of this act and:

 


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pursuant to paragraph (a) of subsection 1, mail the notice of delinquent assessment or take any other action to collect a past due obligation from a unit’s owner or his or her successor in interest unless [:] the association has complied with the provisions of subsections 4 and 5 of section 5.3 of this act and:

      (a) Not earlier than 60 days after the obligation becomes past due, the association mails to the address on file for the unit’s owner:

             (1) A schedule of the fees that may be charged if the unit’s owner fails to pay the past due obligation;

             (2) A proposed repayment plan; and

             (3) A notice of the right to contest the past due obligation at a hearing before the executive board and the procedures for requesting such a hearing; and

      (b) Within 30 days after the date on which the information described in paragraph (a) is mailed, the past due obligation has not been paid in full or the unit’s owner or his or her successor in interest has not entered into a repayment plan or requested a hearing before the executive board. If the unit’s owner or his or her successor in interest requests a hearing or enters into a repayment plan within 30 days after the date on which the information described in paragraph (a) is mailed and is unsuccessful at the hearing or fails to make a payment under the repayment plan within 10 days after the due date, the association may take any lawful action pursuant to subsection 1 to enforce its lien.

      5.  The association may not foreclose a lien by sale if the association has not mailed a copy of the notice of default and election to sell and a copy of the notice of sale to each holder of a security interest on the unit in the manner and subject to the requirements set forth in subsection 2 of NRS 116.31163 and paragraph (d) of subsection 1 of NRS 116.311635.

      6.  The association may not foreclose a lien by sale based on a fine or penalty for a violation of the governing documents of the association unless:

      (a) The violation poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community; or

      (b) The penalty is imposed for failure to adhere to a schedule required pursuant to NRS 116.310305.

      7.  The association may not foreclose a lien by sale if the association has received notice pursuant to NRS 107.086 that the unit is subject to foreclosure mediation pursuant to that section, unless:

      (a) The trustee of record has recorded the certificate provided to the trustee pursuant to subparagraph (1) or (2) of paragraph (e) of subsection 2 of NRS 107.086; or

      (b) The unit’s owner has failed to pay to the association any amounts enforceable as assessments pursuant to subsection 1 of NRS 116.3116 that become due during the pendency of foreclosure mediation pursuant to NRS 107.086, other than past due obligations as described in subsection 10 of NRS 107.086.

      Sec. 6.  This act becomes effective upon passage and approval.

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ê2017 Statutes of Nevada, Page 1123ê

 

CHAPTER 203, AB 337

Assembly Bill No. 337–Assemblyman Elliot Anderson

 

CHAPTER 203

 

[Approved: May 29, 2017]

 

AN ACT relating to the National Guard; conferring certain protections upon the members of the National Guard of another state concerning the unlawful termination of employment of those members in this State; authorizing a member of the Nevada National Guard or a member of the National Guard of another state to bring a civil action concerning his or her unlawful termination under certain circumstances; revising the remedies available to a member of the Nevada National Guard or a member of the National Guard of another state whose employment is unlawfully terminated; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the employer of a member of the Nevada National Guard is prohibited from terminating the member’s employment because he or she is ordered to active service or otherwise required by law to perform duties as a member of the Nevada National Guard. An employer who violates that prohibition is guilty of a misdemeanor and is subject to an administrative penalty of not more than $5,000. (NRS 412.139) Section 1 of this bill expands existing law by prohibiting the employer of a member of the National Guard of another state who is employed in this State from terminating the member’s employment because he or she is ordered to active service or otherwise required by the law of that state to perform duties as a member of the National Guard of that state.

      Under existing law, a member of the Nevada National Guard who believes that his or her employment has been terminated unlawfully is entitled to a hearing before the Labor Commissioner. (NRS 412.1393) Section 2 of this bill confers that same right upon a member of the National Guard of another state who is employed in this State. Section 2 also provides that if, for any reason the Labor Commissioner does not determine that the employment of a member of the Nevada National Guard or the National Guard of another state was terminated unlawfully, the member may bring a civil action in district court against his or her employer seeking such a determination.

      Under existing law, if the Labor Commissioner determines that the employment of a member of the Nevada National Guard was terminated unlawfully, the member is entitled to be immediately reinstated to his or her former position without loss of seniority or benefits and to receive all wages and benefits lost as a result of the termination. (NRS 412.1395) Section 3 of this bill provides that if the Labor Commissioner determines that the employment of a member of the Nevada National Guard or the National Guard of another state was terminated unlawfully, the member is entitled to: (1) immediate reemployment in the position in which he or she would have been employed if his or her continuous employment with the employer had not been unlawfully terminated; (2) immediate restoration to the seniority and benefits to which he or she would have been entitled if his or her continuous employment with the employer had not been unlawfully terminated; and (3) receipt of all wages and benefits lost as a result of the termination. Section 3 also requires the award of attorney’s fees and costs to the member under certain circumstances.

 


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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 412.139 is hereby amended to read as follows:

      412.139  1.  An employer may not terminate the employment of a member of the :

      (a) Nevada National Guard because the member:

      [(a)] (1) Assembles for training, participates in field training or active duty or otherwise meets as required pursuant to NRS 412.118; or

      [(b)] (2) Is ordered to active service or duty pursuant to NRS 412.122 or 412.124 [.] ; or

      (b) National Guard of another state who is employed in this State because the member:

             (1) Assembles for training, participates in field training or active duty or otherwise meets as required pursuant to the law of that state; or

             (2) Is ordered to active service or duty pursuant to the law of that state.

      2.  Any employer who violates subsection 1 is guilty of a misdemeanor.

      3.  In addition to any other remedy or penalty, the Labor Commissioner may impose against the employer an administrative penalty of not more than $5,000 for each such violation.

      Sec. 2. NRS 412.1393 is hereby amended to read as follows:

      412.1393  1.  Any member of the Nevada National Guard or the National Guard of another state who believes his or her employment was terminated in violation of NRS 412.139 may, within 60 days after receiving a notice of termination, request a hearing before the Labor Commissioner to determine if his or her employment was so terminated.

      2.  The Office shall supply the member with all forms needed to request such a hearing. The Labor Commissioner shall conduct the hearing in the manner provided in NRS 607.205 to 607.220, inclusive.

      3.  Notwithstanding any other provision of law, if for any reason the Labor Commissioner does not determine that the employment of the member was terminated in violation of NRS 412.139, the member may, within 120 days after receiving a notice of termination, bring a civil action in any district court in this State against his or her employer seeking such a determination.

      Sec. 3. NRS 412.1395 is hereby amended to read as follows:

      412.1395  1.  If the employment of a member of the Nevada National Guard or the National Guard of another state is found by the Labor Commissioner to have been terminated [as a result of the member:

      1.  Assembling for training, participating in field training or active duty or otherwise meeting as required pursuant to NRS 412.118; or

      2.  Being ordered to active service or duty pursuant to NRS 412.122 or 412.124,

Ê] in violation of NRS 412.139, the member is entitled to [be immediately reinstated to his or her] :

      (a) Immediate reemployment in the position [without loss] of employment in which he or she would have been employed if his or her continuous employment with the employer had not been unlawfully terminated;

 


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ê2017 Statutes of Nevada, Page 1125 (Chapter 203, AB 337)ê

 

      (b) Immediate restoration to the seniority [or] and benefits [,] to which he or she would have been entitled if his or her continuous employment with the employer had not been unlawfully terminated; and [to receive]

      (c) Receipt of all wages and benefits lost as a result of the termination.

      2.  If the employment of a member of the Nevada National Guard or the National Guard of another state is found by the district court to have been terminated in violation of NRS 412.139, the district court shall award the member, in addition to the relief provided in subsection 1 and any other relief granted by the district court, the reasonable attorney’s fees and costs incurred by the member to bring the action.

      Sec. 4.  The amendatory provisions of this act do not apply to a member of the Nevada National Guard or the National Guard of another state whose employment in this State is terminated before July 1, 2017.

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

________

CHAPTER 204, SB 141

Senate Bill No. 141–Senators Hardy; and Gustavson

 

CHAPTER 204

 

[Approved: May 29, 2017]

 

AN ACT relating to special license plates; providing for the issuance of special license plates inscribed with the international symbol of access to a veteran with a qualifying service-connected disability under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the issuance of special license plates to a veteran who, as a result of his or her service in the Armed Forces of the United States, has suffered a 100-percent service-connected disability and receives compensation from the United States for the disability. (NRS 482.377) Such a special license plate must be inscribed with the international symbol of access, which is a diagram of a figure that resembles a wheelchair. A vehicle on which such a special license plate is displayed is: (1) exempt from the payment of parking fees charged by this State or any political subdivision or other public body within the State, other than the United States; and (2) authorized, if the veteran is in the vehicle, to park in a parking space designated for persons who are handicapped. (NRS 484B.463, 484B.467) Such an exemption and authorization are also provided for special license plates authorized for a veteran who was captured and held prisoner by a military force of a foreign nation. (NRS 482.377)

      Existing law also authorizes special license plates for veterans who survived the attack on Pearl Harbor or who were awarded the Purple Heart, the Congressional Medal of Honor or the Silver Star or Bronze Star Medal with “V” device, Combat V or Combat Distinguishing Device. Existing law also provides that a veteran who is eligible for Pearl Harbor, Purple Heart, Congressional Medal of Honor or Silver Star or Bronze Star Medal with “V” device, Combat V or Combat Distinguishing Device special license plates who also suffered a 100-percent service-connected disability as a result of his or her service in the Armed Forces of the United States and receives compensation from the United States for the disability is entitled, by not later than July 1, 2018, to have his or her special license plates inscribed with the international symbol of access. In addition, such a person is exempt from the payment of parking fees charged by this State or any political subdivision or other public body within the State, other than the United States, and may, if the veteran is in the vehicle, park in a parking space designated for persons who are handicapped.

 


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fees charged by this State or any political subdivision or other public body within the State, other than the United States, and may, if the veteran is in the vehicle, park in a parking space designated for persons who are handicapped. (NRS 482.3765, 482.377, 482.3775, 482.378, 482.3783)

      Sections 3-8 of this bill provide that to be eligible for the international symbol of access on all such special license plates, a veteran, as a result of his or her service, must have suffered a “qualifying service-connected disability” and receive compensation from the United States for the disability. Section 1 of this bill defines a “qualifying service-connected disability” as: (1) a service-connected disability rated at 100 percent; (2) more than one service-connected disability, the combined ratings of which add up to at least 100 percent; or (3) a service-connected disability of any rating that constitutes or includes a permanent disability that qualifies a person for a special license plate.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Qualifying service-connected disability” means:

      1.  A service-connected disability rated at 100 percent;

      2.  More than one service-connected disability, the combined ratings of which add up to at least 100 percent; or

      3.  A service-connected disability of any rating that constitutes or includes a permanent disability that qualifies a person for a special license plate pursuant to NRS 482.384.

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

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

      Sec. 3. NRS 482.3765 is hereby amended to read as follows:

      482.3765  1.  A veteran of the Armed Forces of the United States who survived the attack on Pearl Harbor on December 7, 1941, is entitled to specially designed license plates inscribed with the words “PEARL HARBOR VETERAN” or “PEARL HARBOR SURVIVOR,” at the option of the veteran, and a number of characters, including numbers and letters, as determined necessary by the Director.

      2.  A person who qualifies for special license plates pursuant to this section, has suffered a [100-percent] qualifying service-connected disability as a result of his or her service in the Armed Forces of the United States and receives compensation from the United States for the disability is entitled to have his or her special license plates issued pursuant to this section inscribed with the international symbol of access, which must comply with any applicable federal standards and must be white on a blue background.

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

      4.  The Department shall issue specially designed license plates for persons qualified pursuant to this section who submit an application on a form prescribed by the Department and evidence of their status as a survivor and, if applicable, evidence of disability required by the Department.

 


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ê2017 Statutes of Nevada, Page 1127 (Chapter 204, SB 141)ê

 

form prescribed by the Department and evidence of their status as a survivor and, if applicable, evidence of disability required by the Department.

      5.  A vehicle on which license plates issued by the Department pursuant to subsection 2 are displayed is exempt from the payment of any parking fees, including those collected through parking meters, charged by the State or any political subdivision or other public body within the State, other than the United States.

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

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

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

      7.  The fee for a set of special license plates issued pursuant to this section is $25, in addition to all other applicable registration and license fees and governmental services taxes. The annual fee for a renewal sticker for a set of special license plates issued pursuant to this section is $5.

      Sec. 4. NRS 482.377 is hereby amended to read as follows:

      482.377  1.  A veteran of the Armed Forces of the United States who, as a result of his or her service:

      (a) Has suffered a [100-percent] qualifying service-connected disability and who receives compensation from the United States for the disability is entitled to specially designed license plates that must be inscribed with:

             (1) The words “DISABLED VETERAN,” “DISABLED FEMALE VETERAN” or “VETERAN WHO IS DISABLED,” at the option of the veteran;

             (2) The international symbol of access, which must comply with any applicable federal standards and must be white on a blue background; and

             (3) A number of characters, including numbers and letters, as determined necessary by the Director.

      (b) Has been captured and held prisoner by a military force of a foreign nation is entitled to specially designed license plates inscribed with the words “EX PRISONER OF WAR” and a number of characters, including numbers and letters, as determined necessary by the Director.

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

      3.  The Department shall issue specially designed license plates for persons qualified pursuant to this section who submit an application on a form prescribed by the Department and evidence of disability or former imprisonment required by the Department.

      4.  A vehicle on which license plates issued by the Department pursuant to this section are displayed is exempt from the payment of any parking fees, including those collected through parking meters, charged by the State or any political subdivision or other public body within the State, other than the United States.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 1128 (Chapter 204, SB 141)ê

 

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

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

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

      Sec. 5. NRS 482.377 is hereby amended to read as follows:

      482.377  1.  A veteran of the Armed Forces of the United States who, as a result of his or her service:

      (a) Has suffered a [100-percent] qualifying service-connected disability and who receives compensation from the United States for the disability is entitled to specially designed license plates that must be inscribed with:

             (1) The words “DISABLED VETERAN,” “DISABLED FEMALE VETERAN” or “VETERAN WHO IS DISABLED,” at the option of the veteran;

             (2) The international symbol of access, which must comply with any applicable federal standards and must be white on a blue background; and

             (3) A number of characters, including numbers and letters, as determined necessary by the Director.

      (b) Has been captured and held prisoner by a military force of a foreign nation is entitled to specially designed license plates inscribed with the words “EX PRISONER OF WAR” and a number of characters, including numbers and letters, as determined necessary by the Director.

      2.  A person who qualifies for special license plates pursuant to paragraph (b) of subsection 1, has suffered a [100-percent] qualifying service-connected disability as a result of his or her service in the Armed Forces of the United States and receives compensation from the United States for the disability is entitled to have his or her special license plates issued pursuant to this section inscribed with the international symbol of access, which must comply with any applicable federal standards and must be white on a blue background.

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

      4.  The Department shall issue specially designed license plates for persons qualified pursuant to this section who submit an application on a form prescribed by the Department and evidence of disability, former imprisonment or both, as applicable, required by the Department.

      5.  A vehicle on which license plates issued by the Department pursuant to this section are displayed is exempt from the payment of any parking fees, including those collected through parking meters, charged by the State or any political subdivision or other public body within the State, other than the United States.

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

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 1129 (Chapter 204, SB 141)ê

 

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

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

      Sec. 6. NRS 482.3775 is hereby amended to read as follows:

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

      2.  A person who qualifies for special license plates pursuant to this section, has suffered a [100-percent] qualifying service-connected disability as a result of his or her service in the Armed Forces of the United States and receives compensation from the United States for the disability is entitled to have his or her special license plates issued pursuant to this section inscribed with the international symbol of access, which must comply with any applicable federal standards and must be white on a blue background.

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

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

      5.  A vehicle on which license plates issued by the Department pursuant to subsection 2 are displayed is exempt from the payment of any parking fees, including those collected through parking meters, charged by the State or any political subdivision or other public body within the State, other than the United States.

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

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

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

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

      Sec. 7. NRS 482.378 is hereby amended to read as follows:

      482.378  1.  An owner of a motor vehicle who is a resident of this State and has been awarded the Congressional Medal of Honor may, upon signed application on a form prescribed and furnished by the Department, be issued license plates which indicate that he or she is a recipient of the Congressional Medal of Honor.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 1130 (Chapter 204, SB 141)ê

 

Medal of Honor. The applicant shall comply with the motor vehicle laws of this State, including the provisions of chapter 371 of NRS and the payment of the registration fees required by this chapter, but no fee may be charged under NRS 482.367.

      2.  A person who qualifies for special license plates pursuant to this section, has suffered a [100-percent] qualifying service-connected disability as a result of his or her service in the Armed Forces of the United States and receives compensation from the United States for the disability is entitled to have his or her special license plates issued pursuant to this section inscribed with the international symbol of access, which must comply with any applicable federal standards and must be white on a blue background.

      3.  Each person who is eligible for special license plates under this section may apply for two sets of plates. The second set of plates for an additional vehicle must have a different number than the first set of plates issued to the same applicant. The plates may be used only on a private passenger vehicle, a noncommercial truck or a motor home.

      4.  A vehicle on which license plates issued by the Department pursuant to subsection 2 are displayed is exempt from the payment of any parking fees, including those collected through parking meters, charged by the State or any political subdivision or other public body within the State, other than the United States.

      5.  The Department may adopt regulations governing the issuance of special license plates to recipients of the Congressional Medal of Honor.

      Sec. 8. NRS 482.3783 is hereby amended to read as follows:

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

      (a) Silver Star; or

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

      2.  A person who qualifies for special license plates pursuant to this section, has suffered a [100-percent] qualifying service-connected disability as a result of his or her service in the Armed Forces of the United States and receives compensation from the United States for the disability is entitled to have his or her special license plates issued pursuant to this section inscribed with the international symbol of access, which must comply with the applicable federal standards and must be white on a blue background.

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

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

      5.  Except as otherwise provided in this subsection, a vehicle on which license plates issued by the Department pursuant to subsection 2 are displayed is exempt from the payment of any parking fees, including, without limitation, those collected through parking meters, charged by the State or any political subdivision or other public body within this State, other than the United States.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 1131 (Chapter 204, SB 141)ê

 

without limitation, those collected through parking meters, charged by the State or any political subdivision or other public body within this State, other than the United States.

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

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

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

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

      Sec. 9.  1.  This section and sections 1, 2, and 4 of this act become effective on July 1, 2017.

      2.  Sections 3 and 5 to 8, inclusive, of this act become effective on the earlier of July 1, 2018, or the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the provisions of chapter 62, Statutes of Nevada 2015, at page 262.

________

CHAPTER 205, SB 191

Senate Bill No. 191–Senators Cannizzaro, Cancela, Segerblom, Parks, Spearman; Manendo and Woodhouse

 

Joint Sponsors: Assemblymen Joiner, Spiegel and Yeager

 

CHAPTER 205

 

[Approved: May 29, 2017]

 

AN ACT relating to veterans; establishing a standard for evidence of eligibility for any benefit, program or assistance provided to a veteran with a service-connected disability; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill provides that, for the purpose of eligibility for any benefit, program or assistance provided to a veteran with a service-connected disability: (1) a veteran shall be deemed to be a veteran with a service-connected disability to the extent determined by the Federal Government; and (2) a certificate from the United States Department of Veterans Affairs or the United States Department of Defense which indicates that the veteran has incurred a service-connected disability and which indicates the percentage or compensation of that disability is sufficient evidence that the veteran has incurred a service-connected disability and is sufficient evidence of the percentage or compensation of that disability. Sections 2-8 of this bill make conforming changes.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 1132 (Chapter 205, SB 191)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 417 of NRS is hereby amended by adding thereto a new section to read as follows:

      Notwithstanding any provision of state law to the contrary, for the purpose of determining the eligibility for any benefit, program or assistance provided by the State or a local government to a veteran, or a business owned or operated by a veteran, with a service-connected disability:

      1.  The veteran shall be deemed to be a veteran with a service-connected disability to the extent determined by the Federal Government; and

      2.  A certificate from the United States Department of Veterans Affairs or the United States Department of Defense which indicates that the veteran has incurred a service-connected disability and which indicates the total percentage or compensation of that disability is sufficient evidence:

      (a) That the veteran has incurred a service-connected disability; and

      (b) Of the total percentage or compensation of the service-connected disability.

      Sec. 2. NRS 333.3369 is hereby amended to read as follows:

      333.3369  The Purchasing Division may adopt such regulations as it determines to be necessary or advisable to carry out the provisions of NRS 333.3361 to 333.3369, inclusive. The regulations may include, without limitation, provisions setting forth:

      1.  The method by which a business may apply to receive a preference described in NRS 333.3366;

      2.  [The] Subject to the provisions of section 1 of this act, the documentation or other proof that a business must submit to demonstrate that it qualifies for a preference described in NRS 333.3366; and

      3.  Such other matters as the Purchasing Division deems relevant.

Ê In carrying out the provisions of this section, the Purchasing Division shall, to the extent practicable, cooperate and coordinate with the State Public Works Division of the Department of Administration so that any regulations adopted pursuant to this section and NRS 338.13847 are reasonably consistent.

      Sec. 3. NRS 338.13847 is hereby amended to read as follows:

      338.13847  The State Public Works Board may adopt such regulations as it determines to be necessary or advisable to carry out the provisions of NRS 338.1384 to 338.13847, inclusive. The regulations may include, without limitation, provisions setting forth:

      1.  The method by which a business may apply to receive a preference described in NRS 338.13844;

      2.  [The] Subject to the provisions of section 1 of this act, the documentation or other proof that a business must submit to demonstrate that it qualifies for a preference described in NRS 338.13844; and

      3.  Such other matters as the Division deems relevant.

Ê In carrying out the provisions of this section, the State Public Works Board and the Division shall, to the extent practicable, cooperate and coordinate with the Purchasing Division of the Department of Administration so that any regulations adopted pursuant to this section and NRS 333.3369 are reasonably consistent.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 1133 (Chapter 205, SB 191)ê

 

coordinate with the Purchasing Division of the Department of Administration so that any regulations adopted pursuant to this section and NRS 333.3369 are reasonably consistent.

      Sec. 4. NRS 482.3765 is hereby amended to read as follows:

      482.3765  1.  A veteran of the Armed Forces of the United States who survived the attack on Pearl Harbor on December 7, 1941, is entitled to specially designed license plates inscribed with the words “PEARL HARBOR VETERAN” or “PEARL HARBOR SURVIVOR,” at the option of the veteran, and a number of characters, including numbers and letters, as determined necessary by the Director.

      2.  A person who qualifies for special license plates pursuant to this section, has suffered a 100-percent service-connected disability as a result of his or her service in the Armed Forces of the United States and receives compensation from the United States for the disability is entitled to have his or her special license plates issued pursuant to this section inscribed with the international symbol of access, which must comply with any applicable federal standards and must be white on a blue background.

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

      4.  The Department shall issue specially designed license plates for persons qualified pursuant to this section who submit an application on a form prescribed by the Department and evidence of their status as a survivor and, if applicable [,] and subject to the provisions of section 1 of this act, evidence of disability required by the Department.

      5.  A vehicle on which license plates issued by the Department pursuant to subsection 2 are displayed is exempt from the payment of any parking fees, including those collected through parking meters, charged by the State or any political subdivision or other public body within the State, other than the United States.

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

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

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

      7.  The fee for a set of special license plates issued pursuant to this section is $25, in addition to all other applicable registration and license fees and governmental services taxes. The annual fee for a renewal sticker for a set of special license plates issued pursuant to this section is $5.

      Sec. 5. NRS 482.377 is hereby amended to read as follows:

      482.377  1.  A veteran of the Armed Forces of the United States who, as a result of his or her service:

      (a) Has suffered a 100-percent service-connected disability and who receives compensation from the United States for the disability is entitled to specially designed license plates that must be inscribed with:

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 1134 (Chapter 205, SB 191)ê

 

             (1) The words “DISABLED VETERAN,” “DISABLED FEMALE VETERAN” or “VETERAN WHO IS DISABLED,” at the option of the veteran;

             (2) The international symbol of access, which must comply with any applicable federal standards and must be white on a blue background; and

             (3) A number of characters, including numbers and letters, as determined necessary by the Director.

      (b) Has been captured and held prisoner by a military force of a foreign nation is entitled to specially designed license plates inscribed with the words “EX PRISONER OF WAR” and a number of characters, including numbers and letters, as determined necessary by the Director.

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

      3.  The Department shall issue specially designed license plates for persons qualified pursuant to this section who submit an application on a form prescribed by the Department and , subject to the provisions of section 1 of this act, evidence of disability or former imprisonment required by the Department.

      4.  A vehicle on which license plates issued by the Department pursuant to this section are displayed is exempt from the payment of any parking fees, including those collected through parking meters, charged by the State or any political subdivision or other public body within the State, other than the United States.

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

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

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

      Sec. 6. NRS 482.3775 is hereby amended to read as follows:

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

      2.  A person who qualifies for special license plates pursuant to this section, has suffered a 100-percent service-connected disability as a result of his or her service in the Armed Forces of the United States and receives compensation from the United States for the disability is entitled to have his or her special license plates issued pursuant to this section inscribed with the international symbol of access, which must comply with any applicable federal standards and must be white on a blue background.

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

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 1135 (Chapter 205, SB 191)ê

 

      4.  The Department shall issue specially designed license plates for any person qualified pursuant to this section who submits an application on a form prescribed by the Department and evidence of his or her status as a recipient of the Purple Heart and, if applicable [,] and subject to the provisions of section 1 of this act, evidence of disability as required by the Department. The Department may designate any appropriate colors for the special plates.

      5.  A vehicle on which license plates issued by the Department pursuant to subsection 2 are displayed is exempt from the payment of any parking fees, including those collected through parking meters, charged by the State or any political subdivision or other public body within the State, other than the United States.

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

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

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

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

      Sec. 7. NRS 482.3783 is hereby amended to read as follows:

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

      (a) Silver Star; or

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

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

      3.  The Department shall issue specially designed license plates for any person qualified pursuant to this section who submits an application on a form prescribed by the Department and evidence of his or her status as a recipient of the Silver Star or the Bronze Star Medal with “V” device, Combat V or Combat Distinguishing Device, as applicable, and , subject to the provisions of section 1 of this act, evidence of his or her service-connected disability, if applicable, as required by the Department. The Department may designate any appropriate colors for the special plates.

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

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 1136 (Chapter 205, SB 191)ê

 

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

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

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

      Sec. 8. NRS 502.072 is hereby amended to read as follows:

      502.072  The Department shall issue without charge any license authorized under the provisions of this chapter, upon satisfactory proof , subject to the provisions of section 1 of this act, of the requisite facts to any bona fide resident of the State of Nevada who has incurred a service-connected disability which is considered to be 50 percent or more by the Department of Veterans Affairs and has received upon severance from service an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States.

      Sec. 9.  1.  This section and sections 1, 2, 3, 5, 7 and 8 of this act become effective upon passage and approval.

      2.  Sections 4 and 6 of this act become effective on the earlier of:

      (a) July 1, 2018; or

      (b) The date on which the Director of the Department of Motor Vehicles, pursuant to section 7 of chapter 62, Statutes of Nevada 2015, at page 268, notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 62, Statutes of Nevada 2015, at page 262.

________

 

 

 

 

 

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 1137ê

 

CHAPTER 206, SB 519

Senate Bill No. 519–Committee on Finance

 

CHAPTER 206

 

[Approved: May 30, 2017]

 

AN ACT making supplemental appropriations to the Division of Child and Family Services of the Department of Health and Human Services for projected shortfalls for adoption subsidies; and providing other matters properly relating thereto.

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.  There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services the sum of $15,608 for a projected shortfall in the Washoe County Child Welfare account for adoption subsidies. This appropriation is supplemental to that made by section 20 of chapter 534, Statutes of Nevada 2015, at page 3672.

      Sec. 2.  There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services the sum of $377,244 for a projected shortfall in the Clark County Child Welfare account for adoption subsidies. This appropriation is supplemental to that made by section 20 of chapter 534, Statutes of Nevada 2015, at page 3672.

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

________

 

 

 

 

 

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 1138ê

 

CHAPTER 207, SB 525

Senate Bill No. 525–Committee on Finance

 

CHAPTER 207

 

[Approved: May 30, 2017]

 

AN ACT making a supplemental appropriation to the Nevada Highway Patrol Division of the Department of Public Safety for a projected shortfall related to higher than anticipated costs for providing protective services for dignitaries visiting the State of Nevada; and providing other matters properly relating thereto.

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.  There is hereby appropriated from the State General Fund to the Nevada Highway Patrol Division of the Department of Public Safety the sum of $34,358 for a projected shortfall related to higher than anticipated costs for providing protective services for dignitaries visiting the State of Nevada. This appropriation is supplemental to that made by section 31 of chapter 534, Statutes of Nevada 2015, at page 3676.

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

________

 

 

 

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 1139ê

 

CHAPTER 208, SB 526

Senate Bill No. 526–Committee on Finance

 

CHAPTER 208

 

[Approved: May 30, 2017]

 

AN ACT making supplemental appropriations to the Division of Child and Family Services of the Department of Health and Human Services for projected shortfalls related to child and adolescent services; and providing other matters properly relating thereto.

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.  There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services for Northern Nevada Child and Adolescent Services the sum of $201,329 for a projected shortfall related to the Certified Public Expenditure (CPE) cost settlement of the Children’s Mental Health cost allocation plan for Fiscal Year 2014-2015. This appropriation is supplemental to section 20 of chapter 534, Statutes of Nevada 2015, at page 3672.

      Sec. 2.  There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services for Southern Nevada Child and Adolescent Services the sum of $1,156,544 for a projected shortfall related to the Certified Public Expenditure (CPE) cost settlement of the Children’s Mental Health cost allocation plan for Fiscal Year 2014-2015. This appropriation is supplemental to section 20 of chapter 534, Statutes of Nevada 2015, at page 3672.

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

________

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 1140ê

 

CHAPTER 209, AB 495

Assembly Bill No. 495–Committee on Ways and Means

 

CHAPTER 209

 

[Approved: May 30, 2017]

 

AN ACT making a supplemental appropriation to the Division of Emergency Management of the Department of Public Safety for a projected shortfall for activities related to reimbursements for the 2017 floods; and providing other matters properly relating thereto.

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.  There is hereby appropriated from the State General Fund to the Division of Emergency Management of the Department of Public Safety the sum of $70,387 for a projected shortfall related to setting up a joint field office with the Federal Emergency Management Agency on flood reimbursements related to the 2017 floods. This appropriation is supplemental to that made by section 31 of chapter 534, Statutes of Nevada 2015, at page 3676.

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

________

CHAPTER 210, AB 496

Assembly Bill No. 496–Committee on Ways and Means

 

CHAPTER 210

 

[Approved: May 30, 2017]

 

AN ACT making a supplemental appropriation to the Office of the Secretary of State for a projected shortfall related to credit card processing fees; and providing other matters properly relating thereto.

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.  There is hereby appropriated from the State General Fund to the Office of the Secretary of State the sum of $598,200 for a projected shortfall related to credit card processing fees. This appropriation is supplemental to that made by section 5 of chapter 534, Statutes of Nevada 2015, at page 3670.

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

________

 


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ê2017 Statutes of Nevada, Page 1141ê

 

CHAPTER 211, AB 125

Assembly Bill No. 125–Assemblywoman Diaz

 

CHAPTER 211

 

[Approved: May 30, 2017]

 

AN ACT relating to interpreters; requiring the adoption of regulations providing for the registration of court interpreters and governing the circumstances under which a court or juvenile court must proceed if a certified or registered court interpreter is not available; replacing the term “person with a language barrier” with “person with limited English proficiency”; removing provisions relating to alternate court interpreters; making various other changes to provisions relating to court interpreters; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires and authorizes the Court Administrator, in consultation with the committee established to advise the Court Administrator regarding adoption of regulations, to adopt various regulations relating to the: (1) certification of court interpreters; and (2) criteria and procedures for the appointment of alternate court interpreters for persons with language barriers who are witnesses, defendants and litigants. (NRS 1.510, 1.520) Section 1 of this bill requires the adoption of regulations: (1) providing for the registration of court interpreters; and (2) governing the circumstances under which a court or juvenile court must proceed if a certified or registered court interpreter is not available. Sections 1-6 and 8-10 of this bill provide that a court interpreter is required to obtain a certificate or registration. Sections 1, 2 and 8-10 also remove the provisions relating to the appointment of alternate court interpreters. Sections 1 and 7-10 of this bill replace the term “person with a language barrier” with “person with limited English proficiency.”

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 1.510 is hereby amended to read as follows:

      1.510  1.  The Court Administrator shall, [in consultation] with the advice of the committee established pursuant to NRS 1.530, adopt regulations which, subject to the availability of funding, establish [:

      (a) A] a program for the certification or registration of court interpreters for persons with [language barriers] limited English proficiency who are witnesses, defendants and litigants . [; and

      (b) Criteria and procedures for the appointment of alternate court interpreters for persons with language barriers who are witnesses, defendants and litigants.]

      2.  The regulations established pursuant to [paragraph (a) of] subsection 1 must set forth:

      (a) The specific languages for which court interpreters may obtain certification [,] or registration, based upon the need for interpreters of those languages.

      (b) Any examination and the qualifications which are required for:

             (1) Certification [;] or registration; and

             (2) Renewal of the certification [.] or registration.

 


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      (c) The circumstances under which the Court Administrator will deny, suspend or refuse to renew a certificate [.] or registration.

      (d) The circumstances under which the Court Administrator will take disciplinary action against a certified or registered court interpreter . [or an alternate court interpreter.]

      (e) The circumstances under which a court [may appoint an alternate court interpreter.

      (f)]or juvenile court must proceed if a certified or registered interpreter is not available.

      (f) Except as otherwise provided in NRS 50.050, the rate and source of the compensation to be paid for services provided by a certified or registered court interpreter . [or an alternate court interpreter.]

      3.  An application for a certificate or registration as a court interpreter pursuant to [paragraph (a) of] subsection 1 must include the social security number of the applicant.

      4.  Except as otherwise provided by a specific regulation of the Court Administrator, it is grounds for disciplinary action for a certified or registered court interpreter [or an alternate court interpreter] to act as interpreter in any action in which:

      (a) The spouse of the court interpreter is a party;

      (b) A party or witness is otherwise related to the court interpreter;

      (c) The court interpreter is biased for or against one of the parties; or

      (d) The court interpreter otherwise has an interest in the outcome of the proceeding.

      5.  [The criteria and procedures established pursuant to paragraph (b) of subsection 1 must set forth an order of preference, subject to the direction of a court for the appointment of a certified court interpreter before an alternate court interpreter.

      6.]  As used in this section, “person with [a language barrier”] limited English proficiency” means a person who speaks a language other than English and who cannot readily understand or communicate in the English language.

      Sec. 2. NRS 1.520 is hereby amended to read as follows:

      1.520  The Court Administrator may:

      1.  [In consultation with] With the advice of the committee established pursuant to NRS 1.530, adopt any regulations necessary to [:

      (a) Carry] carry out a program for the certification and registration of court interpreters.

      [(b) Establish criteria and procedures for the appointment of alternate court interpreters.]

      2.  Impose on a certified or registered court interpreter:

      (a) Any fees necessary to reimburse the Court Administrator for the cost of administering the program; and

      (b) A fine for any violation of a regulation of the Court Administrator adopted pursuant to this section or NRS 1.510.

      Sec. 3. NRS 1.540 is hereby amended to read as follows:

      1.540  1.  It is unlawful for a person to act as a certified or registered court interpreter or advertise or put out any sign or card or other device which might indicate to the public that the person is entitled to practice as a certified or registered court interpreter without a certificate or registration as an interpreter issued by the Court Administrator pursuant to NRS 1.510 and 1.520.

 


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ê2017 Statutes of Nevada, Page 1143 (Chapter 211, AB 125)ê

 

      2.  No civil action may be instituted, nor recovery therein be had, for a violation of the provisions of this section or NRS 1.510 or 1.520 or a violation of a regulation adopted by the Court Administrator pursuant to NRS 1.510 or 1.520.

      Sec. 4. NRS 1.550 is hereby amended to read as follows:

      1.550  1.  An applicant for the issuance or renewal of a certificate or registration as a court interpreter shall submit to the Court Administrator 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 Court Administrator shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the certificate [;] or registration; or

      (b) A separate form prescribed by the Court Administrator.

      3.  A certificate or registration as a court interpreter may not be issued or renewed by the Court Administrator if the applicant:

      (a) Fails to complete or 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 Court Administrator shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 5. NRS 1.560 is hereby amended to read as follows:

      1.560  1.  If the Court Administrator receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate or registration as a court interpreter, the Court Administrator shall deem the certificate or registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Court Administrator receives a letter issued to the holder of the certificate or registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate or registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Court Administrator shall reinstate a certificate or registration as a court interpreter that has been suspended by a district court pursuant to NRS 425.540 if:

      (a) The Court Administrator receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate or registration was suspended stating that the person whose certificate or registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560; and

 


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whose certificate or registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560; and

      (b) The person whose certificate or registration was suspended pays any fees imposed by the Court Administrator pursuant to NRS 1.520 for the reinstatement of a suspended certificate [.] or registration.

      Sec. 6. NRS 1.570 is hereby amended to read as follows:

      1.570  1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a certificate or registration as a court interpreter must indicate in the application submitted to the Court Administrator whether the applicant has a state business registration. If the applicant has a state business registration, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  Certification or registration of a court interpreter may not be renewed if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Court Administrator pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 7. NRS 47.020 is hereby amended to read as follows:

      47.020  1.  This title governs proceedings in the courts of this State and before magistrates, except:

      (a) To the extent to which its provisions are relaxed by a statute or procedural rule applicable to the specific situation; and

      (b) As otherwise provided in subsection 3.

      2.  Except as otherwise provided in subsection 1, the provisions of chapter 49 of NRS with respect to privileges apply at all stages of all proceedings.

      3.  The other provisions of this title, except with respect to provisions concerning a person with [a language barrier,] limited English proficiency, do not apply to:

      (a) Issuance of warrants for arrest, criminal summonses and search warrants.

      (b) Proceedings with respect to release on bail.

      (c) Sentencing, granting or revoking probation.

      (d) Proceedings for extradition.

      4.  As used in this section, “person with [a language barrier”] limited English proficiency” has the meaning ascribed to it in NRS 1.510.

      Sec. 8. NRS 50.054 is hereby amended to read as follows:

      50.054  1.  Except as otherwise provided by a regulation of the Court Administrator adopted pursuant to NRS 1.510 and 1.520, a person shall not act as an interpreter in a proceeding if the interpreter is:

 


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ê2017 Statutes of Nevada, Page 1145 (Chapter 211, AB 125)ê

 

      (a) The spouse of a witness;

      (b) Otherwise related to a witness;

      (c) Biased for or against one of the parties; or

      (d) Otherwise interested in the outcome of the proceeding.

      2.  Before undertaking his or her duties, the interpreter shall swear or affirm that he or she will:

      (a) To the best of his or her ability, [translate] interpret accurately to the person with [a language barrier] limited English proficiency in the language of the person, questions and statements addressed to the person;

      (b) Make a true interpretation of the statements of the person with [a language barrier] limited English proficiency in an understandable manner; and

      (c) Repeat the statements of the person with [a language barrier in the English language] limited English proficiency to the best of his or her ability.

      3.  While in the proper performance of his or her duties, an interpreter has the same rights and privileges as the person with [a language barrier,] limited English proficiency including the right to examine all relevant material, but is not entitled to waive or exercise any of those rights or privileges on behalf of the person with [a language barrier.] limited English proficiency.

      4.  If an interpreter appointed for a person with [a language barrier] limited English proficiency is not effectively or accurately communicating with or on behalf of the person, and that fact becomes known to the person who appointed the interpreter, another interpreter must be appointed.

      5.  Claims against a county, municipality, this State or any agency thereof for the compensation of an interpreter in a criminal proceeding or other proceeding for which an interpreter must be provided at public expense must be paid in the same manner as other claims against the respective entities are paid. Payment may be made only upon the certificate of the judge, magistrate or other person presiding over the proceedings that the interpreter has performed the services required and incurred the expense claimed.

      6.  As used in this section:

      (a) “Interpreter” means a person who [:

             (1) Has] has a certificate or registration as an interpreter issued by the Court Administrator pursuant to NRS 1.510 and 1.520 . [; or

             (2) Is appointed as an alternate court interpreter in accordance with the criteria and procedures established pursuant to NRS 1.510 or 1.520.]

      (b) “Person with [a language barrier”] limited English proficiency” has the meaning ascribed to it in NRS 1.510.

      Sec. 9. NRS 50.0545 is hereby amended to read as follows:

      50.0545  1.  An interpreter must be appointed at public expense for a person with [a language barrier] limited English proficiency who is a defendant or a witness in a criminal proceeding.

      2.  If a certified or registered court interpreter is not available, a court shall appoint an interpreter in accordance with the regulations adopted pursuant to paragraph (e) of subsection 2 of NRS 1.510.

      3.  As used in this section:

      (a) “Interpreter” means a person who [:

             (1) Has] has a certificate or registration as an interpreter issued by the Court Administrator pursuant to NRS 1.510 and 1.520 . [; or

 


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ê2017 Statutes of Nevada, Page 1146 (Chapter 211, AB 125)ê

 

             (2) Is appointed as an alternate court interpreter in accordance with the criteria and procedures established pursuant to NRS 1.510 or 1.520.]

      (b) “Person with [a language barrier”] limited English proficiency” has the meaning ascribed to it in NRS 1.510.

      Sec. 10. NRS 62D.405 is hereby amended to read as follows:

      62D.405  1.  The juvenile court shall appoint at public expense an interpreter for a person with [a language barrier] limited English proficiency in all proceedings conducted pursuant to the provisions of this title if the person with [a language barrier] limited English proficiency is:

      (a) The child who is alleged to be or has been adjudicated delinquent or in need of supervision;

      (b) A parent or guardian of the child that is alleged to be or has been adjudicated delinquent or in need of supervision; or

      (c) A person who appears as a witness.

      2.  If a certified or registered court interpreter is not available, the juvenile court shall appoint an interpreter in accordance with the regulations adopted pursuant to paragraph (e) of subsection 2 of NRS 1.510.

      3.  As used in this section:

      (a) “Interpreter” means a person who [:

             (1) Has] has a certificate or registration as an interpreter issued by the Court Administrator pursuant to NRS 1.510 and 1.520 . [; or

             (2) Is appointed as an alternate court interpreter in accordance with the criteria and procedures established pursuant to NRS 1.510 or 1.520.]

      (b) “Person with [a language barrier”] limited English proficiency” has the meaning ascribed to it in NRS 1.510.

________

CHAPTER 212, AB 142

Assembly Bill No. 142–Assemblyman Flores

 

CHAPTER 212

 

[Approved: May 30, 2017]

 

AN ACT relating to children; requiring a court to enter an order setting forth certain findings that enable a child to apply for status as a special immigrant juvenile with the United States Citizenship and Immigration Services of the Department of Homeland Security upon a determination that evidence exists to support such findings; authorizing a court to appoint or extend the appointment of a guardian of the person for a ward or proposed ward seeking such status in certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing federal law authorizes the issuance of an immigrant visa to a special immigrant upon satisfactory proof that the applicant is entitled to status as a special immigrant. (8 U.S.C. § 1204) Existing federal law defines the term “special immigrant” to include a juvenile immigrant who is present in the United States and: (1) has been declared dependent on a juvenile court or has been legally committed to, or placed under the custody of, an agency or department of a state or an individual or entity appointed by a state or juvenile court; (2) whose reunification with one or both of his or her parents is not viable due to abuse, neglect, abandonment or a similar basis found under state law; (3) for whom it has been determined in administrative or judicial proceedings that it would not be in his or her best interest to be returned to the previous country of nationality or last habitual residence of the child or his or her parents; and (4) who is granted status as a special immigrant juvenile by the Secretary of Homeland Security through the United States Citizenship and Immigration Services.

 


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entity appointed by a state or juvenile court; (2) whose reunification with one or both of his or her parents is not viable due to abuse, neglect, abandonment or a similar basis found under state law; (3) for whom it has been determined in administrative or judicial proceedings that it would not be in his or her best interest to be returned to the previous country of nationality or last habitual residence of the child or his or her parents; and (4) who is granted status as a special immigrant juvenile by the Secretary of Homeland Security through the United States Citizenship and Immigration Services. (8 U.S.C. § 1101(a)(27)(J)) Existing federal regulations: (1) provide that a person is eligible for classification as a special immigrant if, in addition to satisfying other requirements, the person is less than 21 years of age and is unmarried; and (2) define the term “juvenile court” as a court located in the United States having jurisdiction under state law to make judicial determinations about the custody and care of juveniles. (8 C.F.R. § 204.11)

      Section 1 of this bill authorizes the district court to make the factual findings necessary to enable a child to apply for status as a special immigrant juvenile with the United States Citizenship and Immigration Services of the Department of Homeland Security at any time during certain proceedings. Section 1 sets forth the factual findings necessary to enable a child to apply for such status and: (1) requires the court to issue an order setting forth such findings upon a determination by the court that evidence exists to support such findings; and (2) prohibits the court from making any additional findings regarding the asserted, purported or perceived motivation of the child seeking status as a special immigrant juvenile or of the person requesting that the court make such findings. Section 1 also provides that any records containing information concerning the immigration status of such a child that are not otherwise confidential must be sealed and made available for inspection only by certain persons. Section 1 further requires the Supreme Court to adopt any rules and procedures necessary to implement the provisions of the section.

      Section 2 of this bill provides that if a person includes in a petition filed or motion made in a guardianship proceeding a request that the court make the findings necessary to enable a child to apply for status as a special immigrant juvenile, the court may, in certain circumstances, appoint or extend the appointment of a guardian of the person for a ward or proposed ward seeking such status. Section 3 of this bill provides that such a guardianship is terminated on the date on which the ward reaches 21 years of age unless the ward petitions the court to terminate the guardianship before he or she reaches 21 years of age and the court grants the petition.

 

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

      1.  The district court has jurisdiction to make judicial determinations regarding the custody and care of juveniles within the meaning of the federal Immigration and Nationality Act, 8 U.S.C. §§ 1101 et seq., and the regulations adopted pursuant thereto, and therefore may make the factual findings necessary to enable a child to apply for status as a special immigrant juvenile with the United States Citizenship and Immigration Services of the Department of Homeland Security, as described in 8 U.S.C. § 1101(a)(27)(J).

      2.  The factual findings set forth in subsection 3 may be made by the district court at any time during a proceeding held pursuant to chapter 62B, 125, 159 or 432B of NRS.

      3.  A person may include in a petition filed or motion made pursuant to chapter 62B, 125, 159 or 432B of NRS a request that the court make the following findings to enable a child to apply for status as a special immigrant juvenile with the United States Citizenship and Immigration Services:

 


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ê2017 Statutes of Nevada, Page 1148 (Chapter 212, AB 142)ê

 

following findings to enable a child to apply for status as a special immigrant juvenile with the United States Citizenship and Immigration Services:

      (a) The child has been declared dependent on the court or has been legally committed to, or placed under the custody of, a state agency or department or a person appointed by the court;

      (b) The reunification of the child with one or both of his or her parents was determined not to be viable because of abandonment, abuse or neglect or a similar basis under the laws of this State; and

      (c) It is not in the best interests of the child to be returned to the previous country of nationality or last habitual residence of the child or his or her parents.

      4.  If the court determines that there is evidence to support the findings set forth in subsection 3, including, without limitation, a declaration by the child who is the subject of the petition, the court shall issue an order setting forth such findings. The court shall include in the order the date on which the:

      (a) Dependency, commitment or custody of the child was ordered; and

      (b) Reunification of the child with one or both of his or her parents was determined not to be viable.

      5.  The court shall not:

      (a) Make any additional findings regarding the asserted, purported or perceived motivation of the child seeking status as a special immigrant juvenile or the person requesting that the court make the findings set forth in subsection 3; or

      (b) Include or reference any such asserted, purported or perceived motivation of any such person as a part of its findings pursuant to this section.

      6.  In any proceeding held regarding a petition filed pursuant to subsection 3, any records containing information concerning the immigration status of a child that are not otherwise confidential pursuant to any provision of law must be sealed and made available for inspection only by:

      (a) The court;

      (b) The child who is the subject of the proceeding and his or her attorney and guardian; and

      (c) Any party to the proceeding and his or her attorney.

      7.  The Supreme Court shall adopt any rules and procedures necessary to implement the provisions of this section.

      8.  As used in this section:

      (a) “Abandonment” has the meaning ascribed to “abandonment of a child” in NRS 128.012.

      (b) “Abuse or neglect” has the meaning ascribed to “abuse or neglect of a child” in NRS 432B.020.

      (c) “Child” means an unmarried person who is less than 21 years of age.

      (d) “Special immigrant juvenile” means a person described in 8 U.S.C. § 1101(a)(27)(J).

      Sec. 2. Chapter 159 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a person includes a request that the court make the findings set forth in subsection 3 of section 1 of this act in a petition filed or motion made pursuant to this chapter, the court may appoint or extend the appointment of a guardian of the person for a ward or proposed ward seeking status as a special immigrant juvenile with the United States Citizenship and Immigration Services of the Department of Homeland Security if the ward or proposed ward:

 


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ê2017 Statutes of Nevada, Page 1149 (Chapter 212, AB 142)ê

 

made pursuant to this chapter, the court may appoint or extend the appointment of a guardian of the person for a ward or proposed ward seeking status as a special immigrant juvenile with the United States Citizenship and Immigration Services of the Department of Homeland Security if the ward or proposed ward:

      (a) Is an unmarried person who is 18 years of age or older but less than 21 years of age; and

      (b) Consents to the appointment or the extension of the appointment.

      2.  The appointment or the extension of the appointment of a guardian of the person pursuant to subsection 1 does not authorize the guardian to abrogate any rights that the ward or proposed ward may have pursuant to the laws of this State, including, without limitation, the right to make decisions regarding his or her medical treatment, education or residence, without the express consent of the ward or proposed ward.

      Sec. 3. NRS 159.191 is hereby amended to read as follows:

      159.191  1.  [A] Except as otherwise provided in subsection 2, 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;

      (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.  If a court appoints or extends the appointment of a guardian of the person pursuant to section 2 of this act, the guardianship is terminated on the date on which the ward reaches 21 years of age, unless the ward petitions the court to terminate the guardianship before he or she reaches 21 years of age pursuant to NRS 159.1905 and the court grants the petition.

      3.  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.]4.  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.]5.  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.

      [5.]6.  Immediately upon the death of the ward:

 


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ê2017 Statutes of Nevada, Page 1150 (Chapter 212, AB 142)ê

 

      (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. 4. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 41.071, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 130.712, 136.050, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131,

 


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ê2017 Statutes of Nevada, Page 1151 (Chapter 212, AB 142)ê

 

623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 1 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

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

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

      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.

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ê2017 Statutes of Nevada, Page 1152ê

 

CHAPTER 213, AB 196

Assembly Bill No. 196–Assemblymen McCurdy II, Diaz, Thompson, Flores; Brooks, Jauregui, Joiner and Miller

 

Joint Sponsors: Senators Ratti; and Segerblom

 

CHAPTER 213

 

[Approved: May 30, 2017]

 

AN ACT relating to educational personnel; providing for an endorsement that a teacher, administrator or other educational personnel may obtain in cultural competency; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the Commission on Professional Standards in Education is required to adopt regulations prescribing the qualifications for the licensure and endorsement of teachers. (NRS 391.019) This bill requires the Commission to establish by regulation requirements for a teacher, administrator or other educational personnel to obtain an endorsement on his or her license in cultural competency.

 

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 391.019 is hereby amended to read as follows:

      391.019  1.  Except as otherwise provided in NRS 391.027, the Commission shall adopt regulations:

      (a) Prescribing the qualifications for licensing teachers and other educational personnel, including, without limitation, the qualifications for a license to teach middle school or junior high school education, and the procedures for the issuance and renewal of those licenses. The regulations:

             (1) Must include, without limitation, the qualifications for licensing teachers and administrators pursuant to an alternative route to licensure which provides that the required education and training may be provided by any qualified provider which has been approved by the Commission, including, without limitation, institutions of higher education and other providers that operate independently of an institution of higher education. The regulations adopted pursuant to this subparagraph must:

                   (I) Establish the requirements for approval as a qualified provider;

                   (II) Require a qualified provider to be selective in its acceptance of students;

                   (III) Require a qualified provider to provide supervised, school-based experiences and ongoing support for its students, such as mentoring and coaching;

                   (IV) Significantly limit the amount of course work required or provide for the waiver of required course work for students who achieve certain scores on tests;

                   (V) Allow for the completion in 2 years or less of the education and training required under the alternative route to licensure;

 


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ê2017 Statutes of Nevada, Page 1153 (Chapter 213, AB 196)ê

 

                   (VI) Provide that a person who has completed the education and training required under the alternative route to licensure and who has satisfied all other requirements for licensure may apply for a regular license pursuant to sub-subparagraph (VII) regardless of whether the person has received an offer of employment from a school district, charter school or private school; and

                   (VII) Upon the completion by a person of the education and training required under the alternative route to licensure and the satisfaction of all other requirements for licensure, provide for the issuance of a regular license to the person pursuant to the provisions of this chapter and the regulations adopted pursuant to this chapter.

             (2) Must not prescribe qualifications which are more stringent than the qualifications set forth in NRS 391.0315 for a licensed teacher who applies for an additional license in accordance with that section.

      (b) Identifying fields of specialization in teaching which require the specialized training of teachers.

      (c) Except as otherwise provided in NRS 391.125, requiring teachers to obtain from the Department an endorsement in a field of specialization to be eligible to teach in that field of specialization, including, without limitation, an endorsement to teach English as a second language based upon the recommendations of the English Mastery Council pursuant to NRS 388.411.

      (d) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.

      (e) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language, including, without limitation, being registered with the Aging and Disability Services Division of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting.

      (f) Requiring teachers and other educational personnel to be registered with the Aging and Disability Services Division pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting if they:

             (1) Provide instruction or other educational services; and

             (2) Concurrently engage in the practice of interpreting, as defined in NRS 656A.060.

      (g) Providing for the issuance and renewal of a special qualifications license to an applicant who holds a bachelor’s degree, a master’s degree or a doctoral degree from an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and who has:

             (1) At least 2 years of experience teaching at an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and at least 3 years of experience working in that field; or

             (2) At least 5 years of experience working in a field for which the applicant will provide instruction in a classroom.

Ê An applicant for licensure pursuant to this paragraph who holds a bachelor’s degree must submit proof of participation in a program of student teaching or mentoring or agree to participate in a program of mentoring or courses of pedagogy for the first 2 years of the applicant’s employment as a teacher with a school district or charter school.

      (h) Requiring an applicant for a special qualifications license to:

 


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ê2017 Statutes of Nevada, Page 1154 (Chapter 213, AB 196)ê

 

             (1) Pass each examination required by NRS 391.021 for the specific subject or subjects in which the applicant will provide instruction; or

             (2) Hold a valid license issued by a professional licensing board of any state that is directly related to the subject area of the bachelor’s degree, master’s degree or doctoral degree held by the applicant.

      (i) Setting forth the subject areas that may be taught by a person who holds a special qualifications license, based upon the subject area of the bachelor’s degree, master’s degree or doctoral degree held by that person.

      (j) Providing for the issuance and renewal of a special qualifications license to an applicant who:

             (1) Holds a bachelor’s degree or a graduate degree from an accredited college or university in the field for which the applicant will be providing instruction;

             (2) Is not licensed to teach public school in another state;

             (3) Has at least 5 years of experience teaching with satisfactory evaluations at a school that is accredited by a national or regional accrediting agency recognized by the United States Department of Education; and

             (4) Submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring for the first year of the applicant’s employment as a teacher with a school district or charter school if the applicant holds a graduate degree or, if the applicant holds a bachelor’s degree, submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring or courses of pedagogy for the first 2 years of his or her employment as a teacher with a school district or charter school.

Ê An applicant for licensure pursuant to this paragraph is exempt from each examination required by NRS 391.021 if the applicant successfully passed the examination in another state.

      (k) Prescribing course work on parental involvement and family engagement. The Commission shall work in cooperation with the Office of Parental Involvement and Family Engagement created by NRS 385.630 in developing the regulations required by this paragraph.

      (l) Establishing the requirements for obtaining an endorsement on the license of a teacher, administrator or other educational personnel in cultural competency.

      2.  Except as otherwise provided in NRS 391.027, the Commission may adopt such other regulations as it deems necessary for its own government or to carry out its duties.

      3.  Any regulation which increases the amount of education, training or experience required for licensing:

      (a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.

      (b) Must not become effective until at least 1 year after the date it is adopted by the Commission.

      (c) Is not applicable to a license in effect on the date the regulation becomes effective.

      4.  A person who is licensed pursuant to paragraph (g) or (j) of subsection 1:

 


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ê2017 Statutes of Nevada, Page 1155 (Chapter 213, AB 196)ê

 

      (a) Shall comply with all applicable statutes and regulations.

      (b) Except as otherwise provided by specific statute, is entitled to all benefits, rights and privileges conferred by statutes and regulations on licensed teachers.

      (c) Except as otherwise provided by specific statute, if the person is employed as a teacher by the board of trustees of a school district or the governing body of a charter school, is entitled to all benefits, rights and privileges conferred by statutes and regulations on the licensed employees of a school district or charter school, as applicable.

      Sec. 2.  This act becomes effective upon passage and approval for the purpose of adopting regulations and on January 1, 2018, for all other purposes.

________

CHAPTER 214, AB 275

Assembly Bill No. 275–Assemblywomen Spiegel and Diaz

 

Joint Sponsors: Senators Parks and Manendo

 

CHAPTER 214

 

[Approved: May 30, 2017]

 

AN ACT relating to education; requiring the Department of Education to establish a statewide framework for providing integrated student supports for pupils enrolled in public schools and the families of such pupils; requiring the board of trustees of each school district and the governing body of each charter school to take certain action to provide academic and nonacademic supports for pupils enrolled in the school district or charter school and the families of such pupils; requiring any request for proposals issued by a local educational agency for integrated student supports to include provisions requiring a provider of integrated student support services to comply with the protocol for providing integrated student supports established by the Department; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill requires the Department of Education to establish a statewide framework for providing and coordinating integrated student supports, which are academic and nonacademic supports for pupils enrolled in public schools and the families of such pupils, to the extent money is available. This bill requires the framework to: (1) establish minimum standards for the provision of integrated student supports by school districts and charter schools; (2) establish a protocol to provide and coordinate integrated student supports; and (3) include integration and coordination across school and community-based providers of integrated student support services.

      This bill also requires the board of trustees of each school district and the governing body of each charter school to: (1) conduct annually a needs assessment to identify the academic and nonacademic supports needed within the district or charter school; (2) ensure that mechanisms for data-driven decision-making are in place and the academic progress of pupils for whom integrated student supports have been provided is tracked; (3) ensure integration and coordination between providers of integrated student support services; and (4) to the extent money is available, ensure that pupils have access to certain professionals and services. This bill also requires that a request for proposals issued by a local educational agency for integrated student support services include provisions requiring a provider of integrated student support services to comply with the protocol established by the Department.

 


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ê2017 Statutes of Nevada, Page 1156 (Chapter 214, AB 275)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 388 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department shall, to the extent money is available, establish a statewide framework for providing and coordinating integrated student supports for pupils enrolled in public schools and the families of such pupils. The statewide framework must:

      (a) Establish minimum standards for the provision of integrated student supports by school districts and charter schools. Such standards must be designed to allow a school district or charter school the flexibility to address the unique needs of the pupils enrolled in the school district or charter school.

      (b) Establish a protocol for providing and coordinating integrated student supports. Such a protocol must be designed to:

             (1) Support a school-based approach to promoting the success of all pupils by establishing a means to identify barriers to academic achievement and educational attainment of all pupils and a method for intervening and providing coordinated supports to reduce those barriers;

             (2) Encourage the provision of education in a manner that is centered around pupils and their families and is culturally and linguistically appropriate;

             (3) Encourage providers of integrated student supports to collaborate to improve academic achievement and educational attainment, including, without limitation, by:

                   (I) Engaging in shared decision-making;

                   (II) Establishing a referral process that reduces duplication of services and increases efficiencies in the manner in which barriers to academic achievement and educational attainment are addressed by such providers; and

                   (III) Establishing productive working relationships between such providers;

             (4) Encourage collaboration between the Department and local educational agencies to develop training regarding:

                   (I) Best practices for providing integrated student supports;

                   (II) Establishing effective integrated student support teams comprised of persons or governmental entities providing integrated student supports;

                   (III) Effective communication between providers of integrated student supports; and

                   (IV) Compliance with applicable state and federal law; and

 

 

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 1157 (Chapter 214, AB 275)ê

 

             (5) Support statewide and local organizations in their efforts to provide leadership, coordination, technical assistance, professional development and advocacy to improve access to integrated student supports and expand upon existing integrated student supports that address the physical, emotional and educational needs of pupils.

      (c) Include integration and coordination across school- and community-based providers of integrated student support services through the establishment of partnerships and systems that support this framework.

      2.  The board of trustees of each school district and the governing body of each charter school shall:

      (a) Annually conduct a needs assessment for pupils enrolled in the school district or charter school, as applicable, to identify the academic and nonacademic supports needed within the district or charter school. The board of trustees of a school district or the governing body of a charter school shall be deemed to have satisfied this requirement if the board of trustees or the governing body has conducted such a needs assessment for the purpose of complying with any provision of federal law or any other provision of state law that requires the board of trustees or governing body to conduct such a needs assessment.

      (b) Ensure that mechanisms for data-driven decision-making are in place and the academic progress of pupils for whom integrated student supports have been provided is tracked.

      (c) Ensure integration and coordination between providers of integrated student supports.

      (d) To the extent money is available, ensure that pupils have access to social workers, mental health workers, counselors, psychologists, nurses, speech-language pathologists, audiologists and other school-based specialized instructional support personnel or community-based medical or behavioral providers of health care.

      3.  Any request for proposals issued by a local educational agency for integrated student supports must include provisions requiring a provider of integrated student supports to comply with the protocol established by the Department pursuant to subsection 1.

      4.  As used in this section, “support” means any measure designed to assist a pupil in improving his or her academic achievement and educational attainment and maintaining stability and positivity in his or her life.

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

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ê2017 Statutes of Nevada, Page 1158ê

 

CHAPTER 215, AB 312

Assembly Bill No. 312–Assemblymen Miller, Spiegel, Ohrenschall, Carrillo; Araujo, Brooks, Daly, Diaz, Jauregui, Monroe-Moreno, Neal and Thompson

 

Joint Sponsor: Senator Segerblom

 

CHAPTER 215

 

[Approved: May 30, 2017]

 

AN ACT relating to educational personnel; requiring the State Board of Education to develop nonbinding recommendations for the pupil-teacher ratio in public schools for kindergarten and grades 1 to 12, inclusive; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prescribes the maximum pupil-teacher ratio in each school district for kindergarten and grades 1, 2 and 3. (NRS 388.700) In lieu of complying with the ratio established by statute, smaller school districts are authorized to use alternative pupil-teacher ratios for certain grade levels in elementary schools with the approval of the State Board of Education. (NRS 388.720) This bill additionally requires the State Board of Education to develop nonbinding recommendations for the ratio of pupils per licensed teacher in public schools for kindergarten and grades 1 to 12, inclusive.

 

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 and 2. (Deleted by amendment.)

      Sec. 2.5. Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The State Board shall develop nonbinding recommendations for the ratio of pupils per licensed teacher in the public schools of this State for kindergarten and grades 1 to 12, inclusive. The board of trustees of each school district shall consider the recommendations in establishing the ratio of pupils per licensed teacher in the school district.

      2.  The recommendations developed by the State Board must:

      (a) Prescribe a suggested ratio of pupils per licensed teacher for each classroom and course of instruction, except choir, orchestra and band, in kindergarten and grades 1 to 12, inclusive;

      (b) Be based on evidence-based national standards; and

      (c) Take into account the unique needs of certain pupils, including, without limitation, pupils who are English learners.

      3.  Nothing in this section shall be deemed to relieve a school district of its obligation to comply with the requirements of NRS 388.700 and 388.720, as applicable to the school district.

      4.  As used in this section, “English learner” has the meaning ascribed to it in 20 U.S.C. § 7801(20).

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

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ê2017 Statutes of Nevada, Page 1159ê

 

CHAPTER 216, AB 458

Assembly Bill No. 458–Committee on Commerce and Labor

 

CHAPTER 216

 

[Approved: May 30, 2017]

 

AN ACT relating to industrial insurance; providing that certain phrases relating to a claim for compensation may be used interchangeably; authorizing an injured employee to obtain an independent medical examination under certain circumstances; setting forth the manner in which a vocational rehabilitation counselor is to be appointed; increasing the amount of medical benefits required to be paid during the first 12 months after a claim is opened; revising provisions relating to permanent partial disability; revising provisions concerning the payment in lump sum for a permanent partial disability; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 2 of this bill specifies that a physician or chiropractor may use interchangeably certain phrases that relate to a claim for compensation when determining the causation of an industrial injury or occupational disease.

      Existing law authorizes a hearing officer or appeals officer to order an independent medical examination if such an examination is necessary to resolve a medical question concerning an injured employee’s condition or to determine the necessity of treatment for which authorization for payment has been denied. In such situations, an injured employee may choose any physician or chiropractor, whether or not the physician or chiropractor is on the insurer’s panel of providers of health care. (NRS 616C.330, 616C.360) Section 3 of this bill sets forth that an injured employee is entitled to an independent medical examination for a claim for compensation that is open or when the closure of a claim is under dispute. Section 3 further authorizes the injured employee to obtain an independent medical examination: (1) when a dispute arises from a determination issued by the insurer; (2) within 30 days after the injured employee receives a certain report generated by a medical examination; or (3) by leave of a hearing officer or appeals officer. Section 3 additionally requires an injured employee to select a physician or chiropractor from the panel of physicians or chiropractors established by the Administrator of the Division of Industrial Relations of the Department of Business and Industry. Section 3 further requires the insurer to: (1) pay for an independent medical examination; and (2) upon request, receive a copy of any report or other document that is generated as a result of the independent medical examination. Section 3 additionally allows the injured employee to obtain only one independent medical examination per calendar year.

      Existing law provides that the primary obligation of a vocational rehabilitation counselor is to the injured employee. (NRS 616C.547) Existing law authorizes an insurer or injured employee to request a vocational rehabilitation counselor to prepare a written assessment of the injured employee. (NRS 616C.550) Existing law requires the vocational rehabilitation counselor to develop a plan for a program of vocational rehabilitation for each eligible injured employee. (NRS 616C.555) Section 4 of this bill provides for a vocational rehabilitation counselor to be appointed by the insurer and injured employee when a written assessment is requested or when a plan for a program of vocational rehabilitation is required.

      Existing law requires, where there is a previous disability, the percentage of disability for a subsequent injury to be determined by deducting from the entire disability of the person the percentage of previous disability as it existed at the time of the subsequent injury. (NRS 616C.490) The Division of Industrial Relations of the Department of Business and Industry previously implemented a regulation that required an apportionment to be made by subtracting the percentage of previous disability as it existed at the time of the previous disability from the percentage of present disability as it existed at the time of the present disability.

 


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disability as it existed at the time of the previous disability from the percentage of present disability as it existed at the time of the present disability. (NAC 616C.490) The Nevada Supreme Court in Pub. Agency Comp. Trust v. Blake, 127 Nev. 863 (2011), found this regulation to be invalid since it was in conflict with the existing statute. Section 8 of this bill incorporates the substance of the regulation at issue into existing law.

      Existing law authorizes an insurer, after sending notice to the claimant, to close a claim if, during the first 12 months after a claim is opened, the medical benefits required to be paid for the claim are less than $300. Existing law further requires an insurer to send to a claimant who receives less than $300 in medical benefits within 6 months after the claim is opened a written notice that explains how the claim may be closed if, during the first 12 months after the claim is opened, the medical benefits required to be paid for the claim are less than $300. (NRS 616C.235) Section 7.3 of this bill increases the amount of medical benefits required to be paid for the claim from $300 to $800.

      Existing law sets forth that if an employee’s claim is reopened, the employee is not entitled to vocational rehabilitation services or benefits for a temporary total disability if, before the claim was reopened, the employee retired for reasons unrelated to the injury for which the claim was originally made. (NRS 616C.390) Section 7.7 of this bill defines the term “retired” for the purposes of these existing provisions.

      Existing law authorizes an award for a permanent partial disability to be paid in a lump sum. Existing law further provides how a lump sum amount is to be calculated and requires the tables used in this calculation to be reviewed annually by a consulting actuary. (NRS 616C.495) Section 9 of this bill specifies the maximum amount of a lump sum that a person injured on or after July 1, 1995, and before January 1, 2016, on or after January 1, 2016, and before July 1, 2017, and on or after July 1, 2017, may elect to receive as his or her compensation. Section 9 additionally requires the tables used to calculate the lump sum to be adjusted on July 1 of each year.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 616C of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2. Certain phrases relating to a claim for compensation for an industrial injury or occupational disease and used by a physician or chiropractor when determining the causation of an industrial injury or occupational disease are deemed to be equivalent and may be used interchangeably. Those phrases are:

      1.  “Directly connect this injury or occupational disease as job incurred”; and

      2.  “A degree of reasonable medical probability that the condition in question was caused by the industrial injury.”

      Sec. 3. 1.  An injured employee may obtain an independent medical examination:

      (a) Except as otherwise provided in subsections 2 and 3, whenever a dispute arises from a determination issued by the insurer regarding the approval of care, the direction of a treatment plan or the scope of the claim;

 


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      (b) Within 30 days after an injured employee receives any report generated pursuant to a medical examination requested by the insurer pursuant to NRS 616C.140; or

      (c) At any time by leave of a hearing officer or appeals officer after the denial of any therapy or treatment.

      2.  An injured employee is entitled to an independent medical examination pursuant to paragraph (a) of subsection 1 only:

      (a) For a claim for compensation that is open;

      (b) When the closure of a claim for compensation is under dispute pursuant to NRS 616C.235; or

      (c) When a hearing or appeal is pending pursuant to NRS 616C.330 or 616C.360.

      3.  An injured employee is entitled to only one independent medical examination per calendar year pursuant to paragraph (a) of subsection 1.

      4.  Except as otherwise provided in subsection 5, an independent medical examination must not involve treatment and must be conducted by a physician or chiropractor selected by the injured employee from the panel of physicians and chiropractors established pursuant to subsection 1 of NRS 616C.090.

      5.  If the dispute concerns the rating of a permanent disability, an independent medical examination may be conducted by a rating physician or chiropractor. The injured employee must select the next rating physician or chiropractor in rotation from the list of qualified physicians and chiropractors maintained by the Administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and the injured employee otherwise agree to a rating physician or chiropractor.

      6.  The insurer shall:

      (a) Pay the costs of any independent medical examination conducted pursuant to this section in accordance with NRS 616C.260; and

      (b) Upon request, receive a copy of any report or other document that is generated as a result of the independent medical examination.

      7.  The provisions of this section do not apply to an independent medical examination ordered by a hearing officer pursuant to subsection 3 of NRS 616C.330 or by an appeals officer pursuant to subsection 3 of NRS 616C.360.

      Sec. 4. Where a written assessment is requested pursuant to NRS 616C.550 or where a plan for a program of vocational rehabilitation is required pursuant to NRS 616C.555, a vocational rehabilitation counselor must be appointed as follows:

      1.  The insurer and the injured employee or personal or legal representative of the injured employee shall agree on the selection of a vocational rehabilitation counselor;

      2.  If the insurer or injured employee or personal or legal representative of the injured employee are unable to agree on the appointment of a vocational rehabilitation counselor, the insurer shall submit a list of at least three vocational rehabilitation counselors to the injured employee or personal or legal representative of the injured employee;

      3.  The injured employee or personal or legal representative of the injured employee shall select a vocational rehabilitation counselor from the list provided by the insurer pursuant to subsection 2 within 7 days after receiving the list provided by the insurer pursuant to subsection 2;

 


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      4.  The vocational rehabilitation counselor that is selected by the injured employee or personal or legal representative of the injured employee pursuant to subsection 1 or 3 must be assigned to provide all vocational rehabilitation services for the claim pursuant to this section and NRS 616C.530 to 616C.600, inclusive; and

      5.  After a vocational rehabilitation counselor is selected and assigned pursuant to this section, an injured employee or personal or legal representative of the injured employee may only rescind the selection of the vocational rehabilitation counselor with the consent of the insurer.

      Secs. 5, 6 and 7. (Deleted by amendment.)

      Sec. 7.3. NRS 616C.235 is hereby amended to read as follows:

      616C.235  1.  Except as otherwise provided in subsections 2, 3 and 4:

      (a) When the insurer determines that a claim should be closed before all benefits to which the claimant may be entitled have been paid, the insurer shall send a written notice of its intention to close the claim to the claimant by first-class mail addressed to the last known address of the claimant and, if the insurer has been notified that the claimant is represented by an attorney, to the attorney for the claimant by first-class mail addressed to the last known address of the attorney. The notice must include, on a separate page, a statement describing the effects of closing a claim pursuant to this section and a statement that if the claimant does not agree with the determination, the claimant has a right to request a resolution of the dispute pursuant to NRS 616C.305 and 616C.315 to 616C.385, inclusive, including, without limitation, a statement which prominently displays the limit on the time that the claimant has to request a resolution of the dispute as set forth in NRS 616C.315. A suitable form for requesting a resolution of the dispute must be enclosed with the notice. The closure of a claim pursuant to this subsection is not effective unless notice is given as required by this subsection.

      (b) If the insurer does not receive a request for the resolution of the dispute, it may close the claim.

      (c) Notwithstanding the provisions of NRS 233B.125, if a hearing is conducted to resolve the dispute, the decision of the hearing officer may be served by first-class mail.

      2.  If, during the first 12 months after a claim is opened, the medical benefits required to be paid for a claim are less than [$300,] $800, the insurer may close the claim at any time after the insurer sends, by first-class mail addressed to the last known address of the claimant, written notice that includes a statement which prominently displays that:

      (a) The claim is being closed pursuant to this subsection;

      (b) The injured employee may appeal the closure of the claim pursuant to the provisions of NRS 616C.305 and 616C.315 to 616C.385, inclusive; and

      (c) If the injured employee does not appeal the closure of the claim or appeals the closure of the claim but is not successful, the claim cannot be reopened.

      3.  In addition to the notice described in subsection 2, an insurer shall send to each claimant who receives less than [$300] $800 in medical benefits within 6 months after the claim is opened a written notice that explains the circumstances under which a claim may be closed pursuant to subsection 2. The written notice provided pursuant to this subsection does not create any right to appeal the contents of that notice. The written notice must be:

 


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      (a) Sent by first-class mail addressed to the last known address of the claimant; and

      (b) A document that is separate from any other document or form that is used by the insurer.

      4.  The closure of a claim pursuant to subsection 2 is not effective unless notice is given as required by subsections 2 and 3.

      5.  In addition to the requirements of this section, an insurer shall include in the written notice described in subsection 2:

      (a) If an evaluation for a permanent partial disability has been scheduled pursuant to NRS 616C.490, a statement to that effect; or

      (b) If an evaluation for a permanent partial disability will not be scheduled pursuant to NRS 616C.490, a statement explaining that the reason is because the insurer has determined there is no possibility of a permanent impairment of any kind.

      Sec. 7.7. NRS 616C.390 is hereby amended to read as follows:

      616C.390  Except as otherwise provided in NRS 616C.392:

      1.  If an application to reopen a claim to increase or rearrange compensation is made in writing more than 1 year after the date on which the claim was closed, the insurer shall reopen the claim if:

      (a) A change of circumstances warrants an increase or rearrangement of compensation during the life of the claimant;

      (b) The primary cause of the change of circumstances is the injury for which the claim was originally made; and

      (c) The application is accompanied by the certificate of a physician or a chiropractor showing a change of circumstances which would warrant an increase or rearrangement of compensation.

      2.  After a claim has been closed, the insurer, upon receiving an application and for good cause shown, may authorize the reopening of the claim for medical investigation only. The application must be accompanied by a written request for treatment from the physician or chiropractor treating the claimant, certifying that the treatment is indicated by a change in circumstances and is related to the industrial injury sustained by the claimant.

      3.  If a claimant applies for a claim to be reopened pursuant to subsection 1 or 2 and a final determination denying the reopening is issued, the claimant shall not reapply to reopen the claim until at least 1 year after the date on which the final determination is issued.

      4.  Except as otherwise provided in subsection 5, if an application to reopen a claim is made in writing within 1 year after the date on which the claim was closed, the insurer shall reopen the claim only if:

      (a) The application is supported by medical evidence demonstrating an objective change in the medical condition of the claimant; and

      (b) There is clear and convincing evidence that the primary cause of the change of circumstances is the injury for which the claim was originally made.

      5.  An application to reopen a claim must be made in writing within 1 year after the date on which the claim was closed if:

      (a) The claimant did not meet the minimum duration of incapacity as set forth in NRS 616C.400 as a result of the injury; and

      (b) The claimant did not receive benefits for a permanent partial disability.

 


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Ê If an application to reopen a claim to increase or rearrange compensation is made pursuant to this subsection, the insurer shall reopen the claim if the requirements set forth in paragraphs (a), (b) and (c) of subsection 1 are met.

      6.  If an employee’s claim is reopened pursuant to this section, the employee is not entitled to vocational rehabilitation services or benefits for a temporary total disability if, before the claim was reopened, the employee:

      (a) Retired; or

      (b) Otherwise voluntarily removed himself or herself from the workforce,

Ê for reasons unrelated to the injury for which the claim was originally made.

      7.  One year after the date on which the claim was closed, an insurer may dispose of the file of a claim authorized to be reopened pursuant to subsection 5, unless an application to reopen the claim has been filed pursuant to that subsection.

      8.  An increase or rearrangement of compensation is not effective before an application for reopening a claim is made unless good cause is shown. The insurer shall, upon good cause shown, allow the cost of emergency treatment the necessity for which has been certified by a physician or a chiropractor.

      9.  A claim that closes pursuant to subsection 2 of NRS 616C.235 and is not appealed or is unsuccessfully appealed pursuant to the provisions of NRS 616C.305 and 616C.315 to 616C.385, inclusive, may not be reopened pursuant to this section.

      10.  The provisions of this section apply to any claim for which an application to reopen the claim or to increase or rearrange compensation is made pursuant to this section, regardless of the date of the injury or accident to the claimant. If a claim is reopened pursuant to this section, the amount of any compensation or benefits provided must be determined in accordance with the provisions of NRS 616C.425.

      11.  As used in this section:

      (a) “Governmental program” means any program or plan under which a person receives payments from a public form of retirement. Such payments from a public form of retirement include, without limitation:

             (1) Social security received as a result of the Social Security Act, as defined in NRS 287.120;

             (2) Payments from the Public Employees’ Retirement System, as established by NRS 286.110;

             (3) Payments from the Retirees’ Fund, as defined in NRS 287.04064;

             (4) A disability retirement allowance, as defined in NRS 1A.040 and 286.031;

             (5) A retirement allowance, as defined in NRS 218C.080; and

             (6) A service retirement allowance, as defined in NRS 1A.080 and 286.080.

      (b) “Retired” means a person who, on the date he or she filed for reopening a claim pursuant to this section:

             (1) Is not employed or earning wages; and

             (2) Receives benefits or payments for retirement from a:

                   (I) Pension or retirement plan;

                   (II) Governmental program; or

                   (III) Plan authorized by 26 U.S.C. § 401(a), 401(k), 403(b), 457 or 3121.

 


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      (c) “Wages” means any remuneration paid by an employer to an employee for the personal services of the employee, including, without limitation:

             (1) Commissions and bonuses; and

             (2) Remuneration payable in any medium other than cash.

      Sec. 8. NRS 616C.490 is hereby amended to read as follows:

      616C.490  1.  Except as otherwise provided in NRS 616C.175, every employee, in the employ of an employer within the provisions of chapters 616A to 616D, inclusive, of NRS, who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided for permanent partial disability. As used in this section, “disability” and “impairment of the whole person” are equivalent terms.

      2.  Within 30 days after receiving from a physician or chiropractor a report indicating that the injured employee may have suffered a permanent disability and is stable and ratable, the insurer shall schedule an appointment with the rating physician or chiropractor selected pursuant to this subsection to determine the extent of the employee’s disability. Unless the insurer and the injured employee otherwise agree to a rating physician or chiropractor:

      (a) The insurer shall select the rating physician or chiropractor from the list of qualified rating physicians and chiropractors designated by the Administrator, to determine the percentage of disability in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the Division pursuant to NRS 616C.110.

      (b) Rating physicians and chiropractors must be selected in rotation from the list of qualified physicians and chiropractors designated by the Administrator, according to their area of specialization and the order in which their names appear on the list unless the next physician or chiropractor is currently an employee of the insurer making the selection, in which case the insurer must select the physician or chiropractor who is next on the list and who is not currently an employee of the insurer.

      3.  If an insurer contacts the treating physician or chiropractor to determine whether an injured employee has suffered a permanent disability, the insurer shall deliver to the treating physician or chiropractor that portion or a summary of that portion of the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted by the Division pursuant to NRS 616C.110 that is relevant to the type of injury incurred by the employee.

      4.  At the request of the insurer, the injured employee shall, before an evaluation by a rating physician or chiropractor is performed, notify the insurer of:

      (a) Any previous evaluations performed to determine the extent of any of the employee’s disabilities; and

      (b) Any previous injury, disease or condition sustained by the employee which is relevant to the evaluation performed pursuant to this section.

Ê The notice must be on a form approved by the Administrator and provided to the injured employee by the insurer at the time of the insurer’s request.

      5.  Unless the regulations adopted pursuant to NRS 616C.110 provide otherwise, a rating evaluation must include an evaluation of the loss of motion, sensation and strength of an injured employee if the injury is of a type that might have caused such a loss. Except in the case of claims accepted pursuant to NRS 616C.180, no factors other than the degree of physical impairment of the whole person may be considered in calculating the entitlement to compensation for a permanent partial disability.

 


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physical impairment of the whole person may be considered in calculating the entitlement to compensation for a permanent partial disability.

      6.  The rating physician or chiropractor shall provide the insurer with his or her evaluation of the injured employee. After receiving the evaluation, the insurer shall, within 14 days, provide the employee with a copy of the evaluation and notify the employee:

      (a) Of the compensation to which the employee is entitled pursuant to this section; or

      (b) That the employee is not entitled to benefits for permanent partial disability.

      7.  Each 1 percent of impairment of the whole person must be compensated by a monthly payment:

      (a) Of 0.5 percent of the claimant’s average monthly wage for injuries sustained before July 1, 1981;

      (b) Of 0.6 percent of the claimant’s average monthly wage for injuries sustained on or after July 1, 1981, and before June 18, 1993;

      (c) Of 0.54 percent of the claimant’s average monthly wage for injuries sustained on or after June 18, 1993, and before January 1, 2000; and

      (d) Of 0.6 percent of the claimant’s average monthly wage for injuries sustained on or after January 1, 2000.

Ê Compensation must commence on the date of the injury or the day following the termination of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for 5 years or until the claimant is 70 years of age, whichever is later.

      8.  Compensation benefits may be paid annually to claimants who will be receiving less than $100 a month.

      9.  [Where] Except as otherwise provided in subsection 10, if there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.

      10.  If a rating evaluation was completed for a previous disability involving a condition, organ or anatomical structure that is identical to the condition, organ or anatomical structure being evaluated for the present disability, the percentage of disability for a subsequent injury must be determined by deducting the percentage of the previous disability from the percentage of the present disability, regardless of the edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted by the Division pursuant to NRS 616C.110 used to determine the percentage of the previous disability. The compensation awarded for a permanent disability on a subsequent injury must be reduced only by the awarded or agreed upon percentage of disability actually received by the injured employee for the previous injury regardless of the percentage of the previous disability.

      11.  The Division may adopt schedules for rating permanent disabilities resulting from injuries sustained before July 1, 1973, and reasonable regulations to carry out the provisions of this section.

      [11.] 12.  The increase in compensation and benefits effected by the amendment of this section is not retroactive for accidents which occurred before July 1, 1973.

 


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      [12.] 13.  This section does not entitle any person to double payments for the death of an employee and a continuation of payments for a permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal.

      Sec. 9. NRS 616C.495 is hereby amended to read as follows:

      616C.495  1.  Except as otherwise provided in NRS 616C.380, an award for a permanent partial disability may be paid in a lump sum under the following conditions:

      (a) A claimant injured on or after July 1, 1973, and before July 1, 1981, who incurs a disability that does not exceed 12 percent may elect to receive his or her compensation in a lump sum. A claimant injured on or after July 1, 1981, and before July 1, 1995, who incurs a disability that does not exceed 30 percent may elect to receive his or her compensation in a lump sum.

      (b) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation in accordance with NRS 616C.505, is entitled to a lump sum equal to the present value of the deceased claimant’s undisbursed award for a permanent partial disability.

      (c) Any claimant injured on or after July 1, 1981, and before July 1, 1995, who incurs a disability that exceeds 30 percent may elect to receive his or her compensation in a lump sum equal to the present value of an award for a disability of 30 percent. If the claimant elects to receive compensation pursuant to this paragraph, the insurer shall pay in installments to the claimant that portion of the claimant’s disability in excess of 30 percent.

      (d) Any claimant injured on or after July 1, 1995, [may elect to receive his or her compensation in a lump sum in accordance with regulations adopted by the Administrator and approved by the Governor. The Administrator shall adopt regulations for determining the eligibility of such a claimant to receive all or any portion of his or her compensation in a lump sum. Such regulations may include the manner in which an award for a permanent partial disability may be paid to such a claimant in installments. Notwithstanding the provisions of NRS 233B.070, any regulation adopted pursuant to this paragraph does not become effective unless it is first approved by the Governor.] and before January 1, 2016, who incurs a disability that:

             (1) Does not exceed 25 percent may elect to receive his or her compensation in a lump sum.

             (2) Exceeds 25 percent may:

                   (I) Elect to receive his or her compensation in a lump sum equal to the present value of an award for a disability of 25 percent. If the claimant elects to receive compensation pursuant to this sub-subparagraph, the insurer shall pay in installments to the claimant that portion of the claimant’s disability in excess of 25 percent.

                   (II) To the extent that the insurer has offered to provide compensation in a lump sum up to the present value of an award for disability of 30 percent, elect to receive his or her compensation in a lump sum up to the present value of an award for a disability of 30 percent. If the claimant elects to receive compensation pursuant to this sub-subparagraph, the insurer shall pay in installments to the claimant that portion of the claimant’s disability in excess of 30 percent.

      (e) Any claimant injured on or after January 1, 2016, and before July 1, 2017, who incurs a disability that:

 


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             (1) Does not exceed 30 percent may elect to receive his or her compensation in a lump sum.

             (2) Exceeds 30 percent may elect to receive his or her compensation in a lump sum equal to the present value of an award for a disability of 30 percent. If the claimant elects to receive compensation pursuant to this subparagraph, the insurer shall pay in installments to the claimant that portion of the claimant’s disability in excess of 30 percent.

      (f) Any claimant injured on or after July 1, 2017, who incurs a disability that exceeds 30 percent may elect to receive his or her compensation in a lump sum equal to the present value of an award for a disability of up to 30 percent. If the claimant elects to receive compensation pursuant to this paragraph, the insurer shall pay in installments to the claimant that portion of the claimant’s disability in excess of 30 percent.

      (g)If the permanent partial disability rating of a claimant seeking compensation pursuant to this section would, when combined with any previous permanent partial disability rating of the claimant that resulted in an award of benefits to the claimant, result in the claimant having a total permanent partial disability rating in excess of 100 percent, the claimant’s disability rating upon which compensation is calculated must be reduced by such percentage as required to limit the total permanent partial disability rating of the claimant for all injuries to not more than 100 percent.

      2.  If the claimant elects to receive his or her payment for a permanent partial disability in a lump sum pursuant to subsection 1, all of the claimant’s benefits for compensation terminate. The claimant’s acceptance of that payment constitutes a final settlement of all factual and legal issues in the case. By so accepting the claimant waives all of his or her rights regarding the claim, including the right to appeal from the closure of the case or the percentage of his or her disability, except:

      (a) The right of the claimant to:

             (1) Reopen his or her claim in accordance with the provisions of NRS 616C.390; or

             (2) Have his or her claim considered by his or her insurer pursuant to NRS 616C.392;

      (b) Any counseling, training or other rehabilitative services provided by the insurer; and

      (c) The right of the claimant to receive a benefit penalty in accordance with NRS 616D.120.

Ê The claimant, when he or she demands payment in a lump sum, must be provided with a written notice which prominently displays a statement describing the effects of accepting payment in a lump sum of an entire permanent partial disability award, any portion of such an award or any uncontested portion of such an award, and that the claimant has 20 days after the mailing or personal delivery of the notice within which to retract or reaffirm the demand, before payment may be made and the claimant’s election becomes final.

 

 

 

 

 


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      3.  Any lump-sum payment which has been paid on a claim incurred on or after July 1, 1973, must be supplemented if necessary to conform to the provisions of this section.

      4.  Except as otherwise provided in this subsection, the total lump-sum payment for disablement must not be less than one-half the product of the average monthly wage multiplied by the percentage of disability. If the claimant received compensation in installment payments for his or her permanent partial disability before electing to receive payment for that disability in a lump sum, the lump-sum payment must be calculated for the remaining payment of compensation.

      5.  The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid. The present value must be calculated using monthly payments in the amounts prescribed in subsection 7 of NRS 616C.490 and actuarial annuity tables adopted by the Division. The tables must be reviewed annually by a consulting actuary [.] and must be adjusted accordingly on July 1 of each year by the Division using:

      (a) The most recent unisex “Static Mortality Tables for Defined Benefit Pension Plans” published by the Internal Revenue Service; and

      (b) The average 30-Year Treasury Constant Maturity Rate for March of the current year as reported by the Board of Governors of the Federal Reserve System.

      6.  If a claimant would receive more money by electing to receive compensation in a lump sum than the claimant would if he or she receives installment payments, the claimant may elect to receive the lump-sum payment.

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

________

 

 

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 1170ê

 

CHAPTER 217, SB 38

Senate Bill No. 38–Committee on Education

 

CHAPTER 217

 

[Approved: May 30, 2017]

 

AN ACT relating to governmental agencies; authorizing local governments and other governmental entities to use the services of the Central Mailing Room operated by the Division of State Library, Archives and Public Records of the Department of Administration; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the Division of State Library, Archives and Public Records of the Department of Administration operates a Central Mailing Room for all state officers, departments and agencies located at Carson City, Nevada. A state officer, department or agency may use the Central Mailing Room if the state officer, department or agency pays the cost of mail service operation. (NRS 378.149) This bill authorizes a local government and other governmental entities to use the services of the Central Mailing Room if the local government or other governmental entity pays the cost of the services.

 

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 378.146 is hereby amended to read as follows:

      378.146  1.  All revenue resulting from:

      (a) Postage sold to state officers, departments and agencies [;] and local governments and other governmental entities; and

      (b) Charges for proportionate costs of mail service operation,

Ê must be deposited in the State Treasury for credit to the Communications Fund created by NRS 378.143.

      2.  The formula for spreading costs of operation must be adjusted from time to time to preserve the Fund at not less than its initial level.

      Sec. 2. NRS 378.149 is hereby amended to read as follows:

      378.149  1.  The Division shall establish and conduct a Central Mailing Room for all state officers, departments and agencies located at Carson City, Nevada.

      2.  Any state officer, department or agency or local government or other governmental entity may use the Central Mailing Room facilities if the state officer, department or agency or local government or governmental entity pays the cost of such use as determined by the Division.

      3.  The staff of the Central Mailing Room shall deliver incoming mail and pick up and process outgoing mail, except outgoing parcel post from the Legal Division of the Legislative Counsel Bureau, other than interoffice mail, of all state officers, departments and agencies and local governments using the Central Mailing Room facilities.

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

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ê2017 Statutes of Nevada, Page 1171ê

 

CHAPTER 218, SB 46

Senate Bill No. 46–Committee on Health and Human Services

 

CHAPTER 218

 

[Approved: May 30, 2017]

 

AN ACT relating to public welfare; revising provisions governing background checks of operators, employees and certain adult residents of a child care facility; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Division of Public and Behavioral Health of the Department of Health and Human Services to identify, as part of a background check, whether an applicant for a license to operate a child care facility, an employee of the facility, certain adult residents of the facility or a participant in an outdoor youth program have been convicted of certain offenses. (NRS 432A.170) A person who has been convicted of any of the listed offenses must not be issued a license to operate a child care facility or, in the case of employees, residents of the facility or participants, must be terminated or removed from the facility or program. (NRS 432A.160, 432A.1755)

      The federal Child Care and Development Block Grant Act of 2014 prohibits child care facilities from employing persons convicted of certain additional offenses unless a review process is established by the State that allows the State to determine whether a person convicted of such crimes may continue to be eligible for employment at a child care facility. (42 U.S.C. §§ 9858f(c), 9858f(e)) This bill adds those offenses to align Nevada law with federal standards.

      In addition, this bill authorizes the Division of Public and Behavioral Health to adopt regulations to establish a process to review evidence upon request to determine whether an employee or resident of a child care facility or certain participants in an outdoor youth program may remain employed, continue to reside or participate in the program, as applicable, despite such a conviction.

 

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 432A.170 is hereby amended to read as follows:

      432A.170  1.  The Division may, upon receipt of an application for a license to operate a child care facility, conduct an investigation into the:

      (a) Buildings or premises of the facility and, if the application is for an outdoor youth program, the area of operation of the program;

      (b) Qualifications and background of the applicant or the employees of the applicant;

      (c) Method of operation for the facility; and

      (d) Policies and purposes of the applicant.

      2.  The Division shall secure from appropriate law enforcement agencies information on the background and personal history of every applicant, licensee or employee of an applicant or licensee, or every resident of a child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, to determine whether the person has been convicted of:

 


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ê2017 Statutes of Nevada, Page 1172 (Chapter 218, SB 46)ê

 

      (a) Murder, voluntary manslaughter or mayhem;

      (b) Any other felony involving the use of a firearm or other deadly weapon;

      (c) Assault with intent to kill or to commit sexual assault or mayhem;

      (d) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;

      (e) [Abuse or] Any crime against a child, including, without limitation, abuse, neglect or endangerment of a child , [or] contributory delinquency [;] or pornography involving a minor;

      (f) [A violation of any federal or state law regulating] Arson;

      (g) Assault;

      (h) Battery, including, without limitation, battery which constitutes domestic violence;

      (i) Kidnapping;

      (j) Any offense relating to the possession or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS within the immediately preceding 5 years;

      (k) Any offense relating to the [possession,] distribution or [use] manufacture of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

      [(g)](l) Abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct; or

      [(h)](m) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property within the immediately preceding 7 years.

      3.  The Division shall request information concerning every applicant, licensee or employee of an applicant or licensee, or every resident of a child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, from:

      (a) The Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report pursuant to NRS 432A.175; and

      (b) The Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100 to determine whether there has been a substantiated report of child abuse or neglect made against any of them.

      4.  The Division may charge each person investigated pursuant to this section for the reasonable cost of that investigation.

      5.  The information required to be obtained pursuant to subsections 2 and 3 must be requested concerning an:

      (a) Employee of an applicant or licensee, resident of a child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older not later than 3 days after the employee is hired, the residency begins or the participant begins participating in the program, and then at least once every 5 years thereafter.

      (b) Applicant at the time that an application is submitted for licensure, and then at least once every 5 years after the license is issued.

 


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ê2017 Statutes of Nevada, Page 1173 (Chapter 218, SB 46)ê

 

      6.  A person who is required to submit to an investigation required pursuant to this section shall not have contact with a child in a child care facility without supervision before the investigation of the background and personal history of the person has been conducted.

      Sec. 1.5. NRS 432A.1755 is hereby amended to read as follows:

      432A.1755  1.  [Upon] Except as otherwise provided in subsection 3, upon receiving information pursuant to NRS 432A.175 from the Central Repository for Nevada Records of Criminal History or the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100 or evidence from any other source that an employee of an applicant for a license to operate a child care facility or a licensee, or a resident of a child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older has been convicted of a crime listed in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect made against him or her, the applicant or licensee shall terminate the employment of the employee or remove the resident from the facility or participant from the outdoor youth program after allowing the employee, resident or participant time to correct the information as required pursuant to subsection 2.

      2.  If an employee, resident or participant believes that the information provided to the applicant or licensee pursuant to subsection 1 is incorrect, the employee, resident or participant must inform the applicant or licensee immediately. The applicant or licensee shall give any such employee, resident or participant 30 days to correct the information.

      3.  The Division may establish by regulation a process by which it may review evidence upon request to determine whether an employee of an applicant for a license to operate a child care facility or a licensee, or a resident of a child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or a participant in an outdoor youth program who is 18 years of age or older has been convicted of a crime listed in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect made against him or her may remain employed or continue to reside in the facility, as applicable, despite the conviction. Any such review must be conducted in a manner which does not discriminate against a person in violation of 42 U.S.C. § 2000e et seq.

      4.  If a process for review is established pursuant to subsection 3, an employee, resident or participant, as applicable, may request such a review in the manner established by the Division. Any determination made by the Division is final for purposes of judicial review.

      5.  During any period in which an employee, resident or participant seeks to correct information pursuant to subsection 2 [,] or requests a review of information pursuant to subsection 4, it is within the discretion of the applicant or licensee whether to allow the employee, resident or participant to continue to work for or reside at the child care facility or participate in the outdoor youth program, as applicable, except that the employee, resident or participant shall not have contact with a child without supervision during such a period.

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

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ê2017 Statutes of Nevada, Page 1174ê

 

CHAPTER 219, SB 59

Senate Bill No. 59–Committee on Health and Human Services

 

CHAPTER 219

 

[Approved: May 30, 2017]

 

AN ACT relating to controlled substances; requiring the uploading of certain information to the database of the program developed by the State Board of Pharmacy and the Investigation Division of the Department of Public Safety to monitor prescriptions for certain controlled substances; authorizing an employee of a law enforcement agency or a coroner, medical examiner or deputy thereof who meets certain requirements to access the database of the program; expanding the scope of the program to include certain additional controlled substances; requiring a practitioner to obtain a patient utilization report before prescribing certain controlled substances; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the State Board of Pharmacy and the Investigation Division of the Department of Public Safety to develop a computerized program to track each prescription for a controlled substance listed in schedule II, III or IV filled by a pharmacy or dispensed by a practitioner registered with the Board. The program is required to be designed to provide information regarding: (1) the inappropriate use by a patient of certain controlled substances to pharmacies, practitioners and appropriate state and local governmental agencies to prevent the improper or illegal use of such controlled substances; and (2) statistical data relating to the use of those controlled substances. (NRS 453.162) Sections 2-3 of this bill expand the scope of the program to also track each prescription for a controlled substance listed in schedule V.

      Existing law requires the Board to allow certain law enforcement officers to have Internet access to the database of the program only for the purpose of investigating a crime related to prescription drugs. (NRS 453.165) Section 4 of this bill instead requires the Board to allow an employee of a law enforcement agency to have Internet access to the database of the program under certain circumstances only for certain purposes.

      Section 1.3 of this bill requires a law enforcement officer who has probable cause to believe that a violation of chapter 453 of NRS concerning prescribed controlled substances has occurred or who receives a report of a stolen prescription for a controlled substance while acting in his or her official capacity and in the regular course of an investigation to report certain information to his or her employer. Section 1.3 requires a coroner, medical examiner or deputy thereof who determines, as the result of an investigation of the death of a person, that the person died as the result of using a prescribed controlled substance, to upload certain information to the database of the program or, if the coroner, medical examiner or deputy thereof does not have such access, report such information to a coroner, medical examiner or deputy thereof who has access to the database. Section 1.3 also requires the employer of the law enforcement officer or a coroner, medical examiner or deputy thereof to upload such reported information to the database of the program as soon as practicable after receiving the information except where the employer of a law enforcement officer determines that uploading the information will interfere with an active criminal investigation. In that case, the employer may postpone uploading the information until after the conclusion of the investigation. Section 1.3 further provides that each law enforcement officer, employer of a law enforcement officer, coroner, medical examiner or deputy of a coroner or medical examiner who makes a good faith effort to comply with section 1.3, or a regulation adopted pursuant thereto, is immune from civil and criminal liability for any act or omission relating to the transmission of information pursuant to section 1.3.

 


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ê2017 Statutes of Nevada, Page 1175 (Chapter 219, SB 59)ê

 

is immune from civil and criminal liability for any act or omission relating to the transmission of information pursuant to section 1.3. Section 1.6 of this bill authorizes a coroner, medical examiner or deputy thereof who meets certain requirements to access the database of the computerized program to: (1) upload information concerning the death of a person due to using a prescribed controlled substance; or (2) investigate the death of a person. Section 4 authorizes an employee of a law enforcement agency to access the database of the program to upload the information required by section 1.3.

      Existing law requires a practitioner to obtain a patient utilization report from the computerized program before initiating a prescription for a controlled substance listed in schedule II, III or IV. Section 5.5 of this bill additionally requires a practitioner to obtain such a report before initiating a prescription for an opioid that is a controlled substance listed in schedule V.

 

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 453 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.6 of this act.

      Sec. 1.3. 1.  If a law enforcement officer, while acting in his or her official capacity and in the regular course of an investigation:

      (a) Encounters a situation in which the law enforcement officer has probable cause to believe that a violation of this chapter involving a prescription for a controlled substance is occurring or has occurred; or

      (b) Receives a report of a stolen prescription for a controlled substance,

Ê the law enforcement officer shall report to his or her employer the information required by subsection 3.

      2.  A coroner, medical examiner or deputy thereof who, as the result of an investigation into the cause of a death determines that a person died as the result of using a prescribed controlled substance, shall:

      (a) If the coroner, medical examiner or deputy thereof has access to the database of the computerized program developed pursuant to NRS 453.162, upload the information required by subsection 3 as soon as practicable; or

      (b) If the coroner, medical examiner or deputy thereof does not have access to the database of the computerized program developed pursuant to NRS 453.162, report the information to a coroner, medical examiner or deputy thereof who has such access.

      3.  A law enforcement officer or a coroner, medical examiner or deputy thereof who is required to report or upload, as applicable, information pursuant to subsection 1 or 2 shall report or upload, as applicable, the following information, to the extent such information is available and applicable:

      (a) The name of the person who:

             (1) Is believed to have violated this chapter;

             (2) Died as a result of using a prescribed controlled substance; or

             (3) Filed the report of a stolen prescription for a controlled substance.

      (b) The name of the person to whom the controlled substance involved in an event described in subsection 1 or 2 is or was prescribed.

 


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ê2017 Statutes of Nevada, Page 1176 (Chapter 219, SB 59)ê

 

      (c) If a prescription container for the controlled substance is found in the vicinity of the location of an event described in paragraph (a) of subsection 1 or subsection 2 or if a prescription for a controlled substance is reported stolen:

             (1) The name of the prescribing practitioner;

             (2) The prescription number; and

             (3) The name of the controlled substance as it appears on the prescription container or prescription order.

      4.  Except as otherwise provided in subsection 5, an employer of a law enforcement officer or a coroner, medical examiner or deputy thereof who receives a report pursuant to subsection 1 or 2 shall, as soon as practicable after receiving that report, upload to the database of the program established pursuant to NRS 453.162 notice of the occurrence of an event described in subsection 1 or 2, as applicable, and the information received pursuant to subsection 3. The employer of a law enforcement officer or a coroner, medical examiner or deputy thereof shall ensure that only a person who is authorized to access the database of the program pursuant to NRS 453.165 or section 1.6 of this act uploads such information.

      5.  If an employer of a law enforcement officer determines that uploading any information to the database of the program pursuant to subsection 4 will interfere with an active criminal investigation, the employer may postpone uploading such information until after the conclusion of the investigation.

      6.  Each law enforcement officer or employer of a law enforcement officer and each coroner, medical examiner and deputy thereof who makes a good faith effort to comply with this section, or a regulation adopted pursuant thereto, is immune from civil and criminal liability for any act or omission relating to the transmission of information pursuant to this section.

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

      Sec. 1.6. 1.  Except as otherwise provided in this section, the Board shall allow:

      (a) A coroner or medical examiner to have Internet access to the database of the computerized program developed pursuant to NRS 453.162 if the coroner or medical examiner has completed the course of training developed pursuant to subsection 4 of NRS 453.164.

      (b) A deputy of a coroner or medical examiner to have Internet access to the database of the computerized program developed pursuant to NRS 453.162 if:

             (1) The deputy has completed the course of training developed pursuant to subsection 4 of NRS 453.164; and

             (2) The coroner or medical examiner who employs the deputy has submitted the certification required pursuant to subsection 2 to the Board.

      2.  Before the deputy of a coroner or medical examiner may be given access to the database pursuant to subsection 1, the coroner or medical examiner who employs the deputy must certify to the Board that the deputy has been approved to have such access and meets the requirements of subsection 1. Such certification must be made on a form provided by the Board and renewed annually.

 


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ê2017 Statutes of Nevada, Page 1177 (Chapter 219, SB 59)ê

 

      3.  When a coroner, medical examiner or deputy thereof accesses the database of the computerized program pursuant to this section, the coroner, medical examiner or deputy thereof must enter a unique user name assigned to the coroner, medical examiner or deputy thereof and, if applicable, the case number corresponding to the investigation being conducted by the coroner, medical examiner or deputy thereof.

      4.  A coroner, medical examiner or deputy thereof who has access to the database of the computerized program pursuant to subsection 1 may access the database only to:

      (a) Investigate the death of a person; or

      (b) Upload information to the database pursuant to section 1.3 of this act.

      5.  The Board or the Division may suspend or terminate access to the database of the computerized program pursuant to this section if a coroner, medical examiner or deputy thereof violates any provision of this section.

      Sec. 2. NRS 453.162 is hereby amended to read as follows:

      453.162  1.  The Board and the Division shall cooperatively develop a computerized program to track each prescription for a controlled substance listed in schedule II, III [or] , IV or V that is filled by a pharmacy that is registered with the Board or that is dispensed by a practitioner who is registered with the Board. The program must:

      (a) Be designed to provide information regarding:

             (1) The inappropriate use by a patient of controlled substances listed in schedules II, III [and] , IV and V to pharmacies, practitioners and appropriate state and local governmental agencies, including, without limitation, law enforcement agencies and occupational licensing boards, to prevent the improper or illegal use of those controlled substances; and

             (2) Statistical data relating to the use of those controlled substances that is not specific to a particular patient.

      (b) Be administered by the Board, the Investigation Division, the Division of Public and Behavioral Health of the Department and various practitioners, representatives of professional associations for practitioners, representatives of occupational licensing boards and prosecuting attorneys selected by the Board and the Investigation Division.

      (c) Not infringe on the legal use of a controlled substance for the management of severe or intractable pain.

      (d) Include the contact information of each person who is required to access the database of the program pursuant to NRS 453.164, including, without limitation:

             (1) The name of the person;

             (2) The physical address of the person;

             (3) The telephone number of the person; and

             (4) If the person maintains an electronic mail address, the electronic mail address of the person.

      (e) To the extent that money is available, include:

             (1) A means by which a practitioner may designate in the database of the program that he or she suspects that a patient is seeking a prescription for a controlled substance for an improper or illegal purpose. If the Board reviews the designation and determines that such a designation is warranted, the Board shall inform pharmacies, practitioners and appropriate state agencies that the patient is seeking a prescription for a controlled substance for an improper or illegal purpose as described in subparagraph (1) of paragraph (a).

 


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ê2017 Statutes of Nevada, Page 1178 (Chapter 219, SB 59)ê

 

             (2) The ability to integrate the records of patients in the database of the program with the electronic health records of practitioners.

      2.  The Board, the Division and each employee thereof are immune from civil and criminal liability for any action relating to the collection, maintenance and transmission of information pursuant to this section and NRS 453.163 and 453.164 and sections 1.3 and 1.6 of this act if a good faith effort is made to comply with applicable laws and regulations.

      3.  The Board and the Division may apply for any available grants and accept any gifts, grants or donations to assist in developing and maintaining the program required by this section.

      Sec. 2.5. NRS 453.163 is hereby amended to read as follows:

      453.163  1.  Except as otherwise provided in this subsection, each person registered pursuant to this chapter to dispense a controlled substance listed in schedule II, III [or] , IV or V shall, not later than the end of the next business day after dispensing a controlled substance, upload to the database of the program established pursuant to NRS 453.162 the information described in paragraph (d) of subsection 1 of NRS 453.162. The requirements of this subsection do not apply if the controlled substance is administered directly by a practitioner to a patient in a health care facility, as defined in NRS 439.960, a child who is a resident in a child care facility, as defined in NRS 432A.024, or a prisoner, as defined in NRS 208.085. The Board shall establish by regulation and impose administrative penalties for the failure to upload information pursuant to this subsection.

      2.  The Board and the Division may cooperatively enter into a written agreement with an agency of any other state to provide, receive or exchange information obtained by the program with a program established in that state which is substantially similar to the program established pursuant to NRS 453.162, including, without limitation, providing such state access to the database of the program or transmitting information to and receiving information from such state. Any information provided, received or exchanged as part of an agreement made pursuant to this section may only be used in accordance with the provisions of this chapter.

      3.  A practitioner who is authorized to write prescriptions for and each person who is authorized to dispense controlled substances listed in schedule II, III [or] , IV or V who makes a good faith effort to comply with applicable laws and regulations when transmitting to the Board or the Division a report or information required by this section or NRS 453.162 or 453.164, or a regulation adopted pursuant thereto, is immune from civil and criminal liability relating to such action.

      Sec. 3. NRS 453.164 is hereby amended to read as follows:

      453.164  1.  The Board shall provide Internet access to the database of the program established pursuant to NRS 453.162 to an occupational licensing board that licenses any practitioner who is authorized to write prescriptions for controlled substances listed in schedule II, III [or] , IV [.] or V.

      2.  The Board and the Division must have access to the program established pursuant to NRS 453.162 to identify any suspected fraudulent or illegal activity related to the dispensing of controlled substances.

      3.  The Board or the Division shall report any activity it reasonably suspects may:

      (a) Be fraudulent or illegal to the appropriate law enforcement agency or occupational licensing board and provide the law enforcement agency or occupational licensing board with the relevant information obtained from the program for further investigation.

 


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ê2017 Statutes of Nevada, Page 1179 (Chapter 219, SB 59)ê

 

      (b) Indicate the inappropriate use by a patient of a controlled substance to the occupational licensing board of each practitioner who has prescribed the controlled substance to the patient. The occupational licensing board may access the database of the program established pursuant to NRS 453.162 to determine which practitioners are prescribing the controlled substance to the patient. The occupational licensing board may use this information for any purpose it deems necessary, including, without limitation, alerting a practitioner that a patient may be fraudulently obtaining a controlled substance or determining whether a practitioner is engaged in unlawful or unprofessional conduct. This paragraph shall not be construed to require an occupational licensing board to conduct an investigation or take any action against a practitioner upon receiving information from the Board or the Division.

      4.  The Board and the Division shall cooperatively develop a course of training for persons who are required or authorized to receive access to the database of the program pursuant to subsection 6 or NRS 453.165 and section 1.6 of this act and require each such person to complete the course of training before the person is provided with Internet access to the database.

      5.  Each practitioner who is authorized to write prescriptions for and each person who is authorized to dispense controlled substances listed in schedule II, III [or] , IV or V shall complete the course of instruction described in subsection 4. The Board shall provide Internet access to the database to each such practitioner or other person who completes the course of instruction.

      6.  Each practitioner who is authorized to write prescriptions for controlled substances listed in schedule II, III [or] , IV or V shall, to the extent the program allows, access the database of the program established pursuant to NRS 453.162 at least once each 6 months to:

      (a) Review the information concerning the practitioner that is listed in the database and notify the Board if any such information is not correct; and

      (b) Verify to the Board that he or she continues to have access to and has accessed the database as required by this subsection.

      7.  Information obtained from the program relating to a practitioner or a patient is confidential and, except as otherwise provided by this section and NRS 239.0115, 453.162 and 453.163, must not be disclosed to any person. That information must be disclosed:

      (a) Upon [the] a request [of] made on a notarized form prescribed by the Board by a person about whom the information requested concerns or upon [the] such a request on behalf of that person by his or her attorney; or

      (b) Upon the lawful order of a court of competent jurisdiction.

      8.  If the Board, the Division or a law enforcement agency determines that the database of the program has been intentionally accessed by a person or for a purpose not authorized pursuant to NRS 453.162 to 453.165, inclusive, and sections 1.3 and 1.6 of this act, the Board, Division or law enforcement agency, as applicable, must notify any person whose information was accessed by an unauthorized person or for an unauthorized purpose.

      Sec. 4. NRS 453.165 is hereby amended to read as follows:

      453.165  1.  Except as otherwise provided in this section, the Board shall allow an employee of a law enforcement [officer] agency to have Internet access to the database of the computerized program developed pursuant to NRS 453.162 if:

 


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ê2017 Statutes of Nevada, Page 1180 (Chapter 219, SB 59)ê

 

      (a) [The primary responsibility of the law enforcement officer is to conduct investigations of crimes relating to prescription drugs;

      (b)] The [law enforcement officer] employee has been approved by his or her employer to have such access;

      [(c)](b) The [law enforcement officer] employee has completed the course of training developed pursuant to subsection 4 of NRS 453.164; and

      [(d)](c) The [employer of the] law enforcement [officer] agency has submitted the certification required pursuant to subsection 2 to the Board.

      2.  Before [a] an employee of a law enforcement [officer] agency may be given access to the database pursuant to subsection 1, the [employer of the officer] law enforcement agency must certify to the Board that the [law enforcement officer] employee has been approved to be given such access and meets the requirements of subsection 1. Such certification must be made on a form provided by the Board and renewed annually.

      3.  When an employee of a law enforcement [officer] agency accesses the database of the computerized program pursuant to this section, the [officer] employee must enter a unique user name assigned to the [officer] employee and , if applicable, the case number corresponding to the investigation [being conducted by the officer.] pursuant to which the employee is accessing the database.

      4.  [A] An employee of a law enforcement [officer] agency who is given access to the database of the computerized program pursuant to subsection 1 may access the database for no other purpose than to [investigate] :

      (a) Investigate a crime related to prescription drugs [and for no other purpose.] ; or

      (b) Upload information to the database pursuant to section 1.3 of this act.

      5.  [The employer of a] A law enforcement [officer who is] agency whose employees are provided access to the database of the computerized program pursuant to this section shall monitor the use of the database by the employees of the law enforcement [officer] agency and establish appropriate disciplinary action to take against an [officer] employee who violates the provisions of this section.

      6.  The Board or the Division may suspend or terminate access to the database of the computerized program pursuant to this section if a law enforcement [officer] agency or [his or her employer] employee thereof violates any provision of this section.

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

      Sec. 5. NRS 453.552 is hereby amended to read as follows:

      453.552  1.  Any penalty imposed for violation of NRS 453.011 to 453.551, inclusive, and sections 1.3 and 1.6 of this act, is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 1181 (Chapter 219, SB 59)ê

 

      2.  Any violation of the provisions of NRS 453.011 to 453.551, inclusive, and sections 1.3 and 1.6 of this act, where no other penalty is specifically provided, is a misdemeanor.

      Sec. 5.5. NRS 639.23507 is hereby amended to read as follows:

      639.23507  1.  A practitioner shall, before initiating a prescription for a controlled substance listed in schedule II, III or IV [,] or an opioid that is a controlled substance listed in schedule V, obtain a patient utilization report regarding the patient from the computerized program established by the Board and the Investigation Division of the Department of Public Safety pursuant to NRS 453.162 if:

      (a) The patient is a new patient of the practitioner; or

      (b) The prescription is for more than 7 days and is part of a new course of treatment for the patient.

Ê The practitioner shall review the patient utilization report to assess whether the prescription for the controlled substance is medically necessary.

      2.  If a practitioner who attempts to obtain a patient utilization report as required by subsection 1 fails to do so because the computerized program is unresponsive or otherwise unavailable, the practitioner:

      (a) Shall be deemed to have complied with subsection 1 if the practitioner documents the attempt and failure in the medical record of the patient.

      (b) Is not liable for the failure.

      3.  The Board shall adopt regulations to provide alternative methods of compliance with subsection 1 for a physician while he or she is providing service in a hospital emergency department. The regulations must include, without limitation, provisions that allow a hospital to designate members of hospital staff to act as delegates for the purposes of accessing the database of the computerized program and obtaining patient utilization reports from the computerized program on behalf of such a physician.

      4.  A practitioner who violates subsection 1:

      (a) Is not guilty of a misdemeanor.

      (b) May be subject to professional discipline if the appropriate professional licensing board determines that the practitioner’s violation was intentional.

      5.  As used in this section, “initiating a prescription” means originating a new prescription for a new patient of a practitioner or originating a new prescription to begin a new course of treatment for an existing patient of a practitioner. The term does not include any act concerning an ongoing prescription that is written to continue a course of treatment for an existing patient of a practitioner.

      Sec. 6.  This act becomes effective on July 1, 2017.

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ê2017 Statutes of Nevada, Page 1182ê

 

CHAPTER 220, SB 118

Senate Bill No. 118–Senator Ford (by request)

 

Joint Sponsor: Assemblywoman Bustamante Adams

 

CHAPTER 220

 

[Approved: May 30, 2017]

 

AN ACT relating to financial security; creating the Nevada Task Force on Financial Security to conduct a comprehensive examination during the 2017-2018 legislative interim of the financial security of individuals and families in Nevada; prescribing the powers and duties of the Task Force; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill creates the Nevada Task Force on Financial Security, consisting of nine voting members, to conduct a comprehensive examination during the 2017-2018 legislative interim of the financial security of individuals and families in Nevada, including, without limitation, their opportunities to build assets and reduce debt. The costs of the Task Force will be paid only from gifts, grants and donations received by the Task Force. The Task Force is required to submit a report of its findings and recommendations to the Legislative Counsel Bureau on or before September 1, 2018.

 

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

 

      Whereas, The financial crisis and Great Recession of 2008, which was followed by a record number of home foreclosures and soaring unemployment rates, have created an environment in the United States where many families struggle with reduced liquid assets and overall household wealth; and

      Whereas, Many individuals and families in Nevada continue to face financial insecurity as a result of persisting high unemployment and stagnant wages; and

      Whereas, According to the 2016 Assets & Opportunity Scorecard published by the Corporation for Enterprise Development, 55.6 percent of Nevada households are without sufficient liquid assets to subsist at or above the poverty level for 3 months in the absence of income; and

      Whereas, Statistics from the Bureau of the Census of the United States Department of Commerce reveal that the median household income in Nevada has declined approximately 17 percent between 2007 and 2013, the largest such decline in any state; and

      Whereas, The national recession and subsequent recovery has highlighted the need to assist individuals and families in Nevada achieve greater financial security through increased access to opportunities to build financial and tangible assets such as savings, a home or a business, strategies for reducing debt and financial education; and

      Whereas, Identifying pathways for more Nevadans to obtain the resources they need to become more financially secure will facilitate a more educated, resilient and employable workforce to further ensure an economically prosperous Nevada; and

      Whereas, Financial insecurity negatively impacts children and their prospects for lifelong economic opportunity, with children in families experiencing financial insecurity being more likely to experience material hardship and less likely to perform well in school; and

 


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ê2017 Statutes of Nevada, Page 1183 (Chapter 220, SB 118)ê

 

experiencing financial insecurity being more likely to experience material hardship and less likely to perform well in school; and

      Whereas, Based on recent estimates, 14.7 percent of Nevadans live below the poverty threshold, including 20 percent of Hispanics, 25 percent of African-Americans and 20.7 percent of Native Americans; and

      Whereas, Efforts to increase the financial security and opportunities for Nevadans have been limited and fragmented across financial institutions, business foundations, governmental agencies, community development organizations and religious and nonprofit institutions; and

      Whereas, Because of the effect that financial best practices have on all Nevadans and the economy of Nevada as a whole, a comprehensive examination by the State of Nevada of ways to educate and empower Nevadans to improve their financial resources and economic security would create a better future for all Nevadans; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The Nevada Task Force on Financial Security is hereby created. The Task Force consists of the following voting members:

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

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

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

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

      (e) Two members appointed by the Majority Leader of the Senate as follows:

             (1) A representative of a statewide organization that is currently engaged in activities concerning the financial security and financial education of individuals and families; and

             (2) A representative of an organization which is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3) who has expertise in policies for building financial assets; and

      (f) One member appointed by the Speaker of the Assembly who is a representative of a statewide organization approved by the United States Department of Housing and Urban Development as a housing counseling agency.

      2.  A vacancy occurring in the appointed voting membership of the Task Force must be filled in the same manner as the original appointment.

      3.  At its first meeting, the voting members of the Task Force shall elect a Chair and a Vice Chair from among the voting members who are Legislators.

      4.  A majority of the voting members of the Task Force may appoint nonvoting advisory members to the Task Force.

      5.  The members of the Task Force serve without compensation or per diem allowance. A member may receive reimbursement for travel expenses if sufficient money collected pursuant to subsection 8 or 9 for the Task Force to carry out its duties is available.

 


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ê2017 Statutes of Nevada, Page 1184 (Chapter 220, SB 118)ê

 

      6.  The Task Force shall hold its first meeting by not later than September 1, 2017, and shall meet at least four times.

      7.  The Task Force shall consult with and solicit input from persons and entities with expertise in matters relevant to the Task Force in carrying out its duties pursuant to this section.

      8.  The Task Force may apply for any available grants and accept any gifts, grants or donations, including, without limitation, administrative support, to assist the Task Force in carrying out its duties pursuant to this section.

      9.  The Task Force shall select an organization which is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3) to serve as the fiscal agent of the Task Force. As fiscal agent, that organization may accept money from private persons and entities and expend such money for the expenses incurred by the Task Force in carrying out its duties pursuant to this section.

      10.  The Task Force shall conduct an examination of the financial security of the residents of this State, including, without limitation, the causes, extent and consequences of financial insecurity in this State, with the goal of identifying concrete strategies and recommendations for improving the financial condition of Nevadans. The study must include, without limitation:

      (a) An identification and review of programs that are currently available to further the economic advancement of residents of this State and the manner in which the impact of those programs is measured;

      (b) A review of best practices implemented around the United States to increase the financial education of individuals and families, their access to banking and other resources to assist in building assets and strategies for reducing their debt and recommendations for implementation for such practices in this State;

      (c) Recommendations of methods to increase the economic mobility of residents of this State to strengthen and support a resilient and growing middle class;

      (d) Recommendations of concrete strategies and measurable goals to increase economic opportunities and reduce financial insecurity of residents of this State, particularly low-income families and communities of color; and

      (e) Recommendations of concrete steps to develop a competitive workforce in this State that can meet the demands of the globally competitive market of the 21st century.

      11.  On or before September 1, 2018, the Task Force shall submit a report of its findings and recommendations to the Director of the Legislative Counsel Bureau for transmittal to the 80th Session of the Legislature.

      12.  The Task Force shall carry out the duties of this section only to the extent that money is available to do so from private persons and entities, including, without limitation, gifts, grants and donations.

      Sec. 2.  As soon as practicable after the effective date of this act but not later than July 1, 2017, the Majority Leader of the Senate, the Speaker of the Assembly, the Minority Leader of the Senate and the Minority Leader of the Assembly shall appoint the voting members of the Nevada Task Force on Financial Security as prescribed by section 1 of this act.

 


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ê2017 Statutes of Nevada, Page 1185 (Chapter 220, SB 118)ê

 

      Sec. 3.  1.  This act becomes effective upon passage and approval for the purpose of appointing the voting members to the Nevada Task Force on Financial Security created by section 1 of this act, and on July 1, 2017, for all other purposes.

      2.  This act expires by limitation on June 30, 2019.

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CHAPTER 221, SB 159

Senate Bill No. 159–Senator Farley

 

CHAPTER 221

 

[Approved: May 30, 2017]

 

AN ACT relating to drugs; prohibiting a person from knowingly selling or offering to sell a material, compound, mixture or preparation containing dextromethorphan to a minor under certain circumstances; prohibiting a minor from knowingly purchasing any material, compound, mixture or preparation containing dextromethorphan under certain circumstances; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes grocers and dealers to sell without restriction any drug, medicine, remedy, poison or chemical that is not otherwise restricted, when prepared and sold in original and unbroken packages and, if poisonous, labeled and sold in accordance with federal law. (NRS 639.270) This bill prohibits a person from knowingly selling or offering to sell any material, compound, mixture or preparation containing dextromethorphan, a common ingredient in cough syrup, to a person under the age of 18 years. This bill also prohibits any person under the age of 18 years from knowingly purchasing any material, compound, mixture or preparation containing dextromethorphan. This bill also provides that a person or owner of a retail establishment who takes certain steps to prevent the sale of a material, compound, mixture or preparation containing dextromethorphan to a person under the age of 18 years shall be deemed to be in compliance with these provisions. Under this bill, any person who sells or offers to sell a material, compound, mixture or preparation containing dextromethorphan in violation of these provisions is required to: (1) for a first offense, receive a warning; and (2) for a second or subsequent offense, be assessed a civil penalty.

      Finally, this bill prohibits a local government from enacting a local ordinance or regulation that conflicts with this bill or further regulates the sale, receipt or possession of dextromethorphan.

 

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

      1.  Except as otherwise provided in this section:

      (a) A person shall not knowingly sell or offer to sell any material, compound, mixture or preparation containing dextromethorphan to a minor.

 


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ê2017 Statutes of Nevada, Page 1186 (Chapter 221, SB 159)ê

 

      (b) A minor shall not knowingly purchase any material, compound, mixture or preparation containing dextromethorphan.

      2.  If a minor has a valid prescription for a material, compound, mixture or preparation containing dextromethorphan:

      (a) A person may sell or offer to sell the material, compound, mixture or preparation containing dextromethorphan for which the minor has a valid prescription; and

      (b) The minor may purchase, receive or otherwise acquire the material, compound, mixture or preparation containing dextromethorphan for which he or she has a valid prescription.

      3.  A person shall be deemed to be in compliance with the provisions of subsection 1 if before the person sells or offers to sell any material, compound, mixture or preparation containing dextromethorphan to another person, he or she:

      (a) Reasonably assumes, based on the appearance of the person to whom a material, compound, mixture or preparation containing dextromethorphan is sold or offered for sale, that the person is 25 years of age or older.

      (b) Does the following:

             (1) Demands that the other person present a valid driver’s license or other identification which shows that the other person is 18 years of age or older;

             (2) Is presented a valid driver’s license or other identification which shows that the other person is 18 years of age or older; and

             (3) Reasonably relies upon the driver’s license or other identification presented by the other person.

      4.  With respect to any sale made by an employee of a retail establishment, the owner of the retail establishment shall be deemed to be in compliance with the provisions of paragraph (a) of subsection 1 if the owner:

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

      (b) Establishes and carries out a continuing program of training for employees which is reasonably designed to prevent violations of paragraph (a) of subsection 1.

      5.  A person who violates paragraph (a) of subsection 1:

      (a) For a first offense, shall be issued a warning.

      (b) For a second or subsequent offense, is liable for a civil penalty of $50, unless the person provides sufficient documentation that a continuing program of training for employees is in place.

      6.  This section preempts any local charter, code, ordinance or regulation that is in conflict with the purposes and objectives of this section or seeks to further regulate the sale, receipt or possession of dextromethorphan.

      7.  As used in this section:

      (a) “Identification” means any document issued by a governmental entity that contains a physical description or photograph of the person seeking to purchase the material, compound, mixture or preparation containing dextromethorphan and which provides the person’s date of birth, including, without limitation, a passport, military identification card or identification card.

      (b) “Minor” means a person under the age of 18 years.

 


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ê2017 Statutes of Nevada, Page 1187 (Chapter 221, SB 159)ê

 

      Sec. 2. NRS 639.270 is hereby amended to read as follows:

      639.270  Any drug, medicine, remedy, poison or chemical, the sale of which is not otherwise restricted as provided by this chapter [,] or section 1 of this act, and any patent or proprietary medicine, may be sold by grocers and dealers generally without restriction when prepared and sold in original and unbroken packages and, if poisonous, labeled with the official poison labels and sold in accordance with the requirements of the Federal Food, Drug and Cosmetic Act.

________

CHAPTER 222, SB 245

Senate Bill No. 245–Senators Parks; and Ratti (by request)

 

Joint Sponsor: Assemblyman Kramer

 

CHAPTER 222

 

[Approved: May 30, 2017]

 

AN ACT relating to counties; revising the authority of a county treasurer to use a facsimile signature; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a county treasurer to use a facsimile signature produced through a mechanical device in place of his or her handwritten signature whenever necessary and upon approval of the board of county commissioners if: (1) the facsimile signature is removable from the mechanical device and the facsimile signature is kept in a separate secure place; (2) the facsimile signature is used only under the direction and supervision of the county treasurer whose signature it represents; and (3) the mechanical device is at all times kept in a vault which is securely locked when not in use. (NRS 249.050) Section 2 of this bill: (1) expands the method by which the facsimile signature of the county treasurer is authorized to be produced to allow use of the most efficient device or other method of facsimile reproduction reasonably available; and (2) imposes requirements for the safekeeping of any facsimile image or impression or any registered key, password or other securing device or procedure if severable from the device or other method of facsimile reproduction.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 2. NRS 249.050 is hereby amended to read as follows:

      249.050  1.  Each county treasurer [is authorized to] may use a facsimile signature [produced through a mechanical device] in place of his or her handwritten signature whenever the necessity may arise and upon approval of the board of county commissioners [, subject to the following conditions:] if:

 


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ê2017 Statutes of Nevada, Page 1188 (Chapter 222, SB 245)ê

 

      (a) [That the mechanical device shall be of such nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place.

      (b) That the use of the] The facsimile signature [shall be made] is:

             (1) Produced by the most efficient device or other method of facsimile reproduction reasonably available; and

             (2) Used only under the direction and supervision of the county treasurer whose signature it represents [.

      (c) That all of the mechanical] ; and

      (b) The device [shall] or other method of facsimile reproduction is at all times [be] kept [in a vault,] securely locked, when not in use, in a separate secure place authorized by the county treasurer, to prevent any misuse [of the same.] , fraudulent use or other improper use. If the device or other method of facsimile reproduction is of such a nature that:

             (1) The facsimile image or impression is severable from the device or other method of facsimile reproduction, the facsimile image or impression must be kept in a separate secure place authorized by the county treasurer; and

             (2) Any registered key, password or other securing device or procedure is severable from the device or other method of facsimile reproduction, the registered key, password or other securing device or procedure must be kept in a separate secure place authorized by the county treasurer.

      2.  [No] A facsimile signature produced through a [mechanical] device or other method of facsimile reproduction authorized by the provisions of this section [shall] must not be combined with the signature of another officer.

      Sec. 3. (Deleted by amendment.)

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

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ê2017 Statutes of Nevada, Page 1189ê

 

CHAPTER 223, SB 273

Senate Bill No. 273–Senator Goicoechea (by request)

 

Joint Sponsor: Assemblyman Ellison

 

CHAPTER 223

 

[Approved: May 30, 2017]

 

AN ACT relating to school personnel; revising provisions relating to the dismissal of a probationary employee of a school district; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law defines “probationary employee,” for provisions relating to educational personnel, as a licensed administrator or teacher who is employed by a school district on a contract basis for a specified period and who has no right to employment after the specified period. (NRS 391.650) Existing law makes the board of trustees of a school district the employing authority for all licensed employees of the district and only the board is authorized to dismiss a licensed employee. (NRS 391.100) If a probationary employee receives notice that he or she will be dismissed before the end of the current school year, existing law authorizes the employee to request an expedited arbitration hearing before dismissal. (NRS 391.820)

      Sections 4-6 of this bill provide additional proce