[Rev. 11/14/2017 11:56:59 AM]

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ê2017 Statutes of Nevada, Page 1413ê

 

CHAPTER 270, AB 68

Assembly Bill No. 68–Committee on Transportation

 

CHAPTER 270

 

[Approved: June 1, 2017]

 

AN ACT relating to public safety; revising provisions relating to the photograph on a driver’s license; revising provisions governing the licensure and operation of schools for training drivers; revising provisions relating to the fees paid by a person 65 years of age or older for an identification card; revising provisions relating to the issuance of a commercial driver’s license to a person who is not a resident of this State; revising provisions relating to the issuance of traffic citations; setting forth exceptions to certain restrictions on the placement of advertising on or near certain highways, rights-of-way, bridges or structures; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Department to issue a driver’s license which bears a colored photograph of the licensee. (NRS 483.347) Section 10 of this bill removes the requirement that the photograph be in color.

      Existing law requires a person who seeks to operate a school for training drivers or to be an instructor for a school for training drivers to obtain a license from the Department. (NRS 483.700) The Department may cancel, suspend, revoke or refuse to renew the license if the licensee engages in certain acts or practices. (NRS 483.760) Section 12 of this bill provides that the Department may also refuse to issue a license if the applicant engages in any of those certain acts or practices, and adds to the list of those acts or practices: (1) making a material misstatement on an application; (2) failing or refusing to provide any information requested by the Department regarding an application; and (3) conviction of a crime for a violation of any of the provisions of law governing schools for training drivers and instructors for a school for training drivers. Existing law also requires that each vehicle used for training drivers and operated on a highway is inspected annually. (NRS 483.745) Section 11 of this bill requires that a vehicle be inspected within 30 days after initial use by the school for training drivers, and then inspected annually thereafter.

      Existing law allows certain persons who do not hold a valid driver’s license from any state or jurisdiction to obtain an identification card from the Department. (NRS 482.820) A person who is 65 years of age or older must pay a fee of $4 for an original or duplicate identification card. Section 13 of this bill clarifies that the $4 fee applies to such an identification card which expires on or before the fourth anniversary of the person’s birthday and an $8 fee applies to such an identification card which expires on or before the eighth anniversary of the person’s birthday.

      Existing law requires the Department to adopt regulations providing for the issuance of commercial drivers’ licenses, but the regulations may not be more restrictive than the federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986, as amended, 49 U.S.C. §§ 31301 et seq. (NRS 483.908) The Department may not issue a commercial driver’s license or a commercial learner’s permit, which allows a person to operate a commercial motor vehicle on the highways of this State if he or she is accompanied by the holder of a commercial driver’s license, to a person unless the person is a resident of this State. (NRS 483.924, 483.934) Existing law prohibits a person who is a resident of this State for 30 days or more from driving a commercial motor vehicle under the authority of a commercial driver’s license issued by another jurisdiction. (NRS 483.932) Existing law authorizes the Department to issue a nonresident commercial driver’s license or a nonresident commercial learner’s permit to a person who is a resident of a foreign jurisdiction which the Federal Highway Administrator has determined does not test drivers and issue commercial drivers’ licenses in accordance with federal standards or who is a resident of a state while that state is prohibited from issuing commercial drivers’ licenses pursuant to federal regulations.

 


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jurisdiction which the Federal Highway Administrator has determined does not test drivers and issue commercial drivers’ licenses in accordance with federal standards or who is a resident of a state while that state is prohibited from issuing commercial drivers’ licenses pursuant to federal regulations. (NRS 483.936) Section 15 of this bill removes the authorization for the Department to issue a nonresident commercial driver’s license or nonresident commercial learner’s permit, and newly provides that the Department may only issue a limited-term commercial driver’s license or limited-term commercial learner’s permit to a resident of a foreign jurisdiction which the Federal Highway Administrator has determined does not test drivers and issue commercial drivers’ licenses in accordance with federal standards. Section 14 of this bill makes conforming changes to the fees for such a license.

      Existing law authorizes a peace officer to issue a traffic citation to a person in the form of a complaint that contains a notice to appear in court. The person to whom the traffic citation is issued is authorized to give his or her written promise to appear in court by signing at least one copy of the traffic citation. (NRS 484A.630) Existing law provides that it is unlawful for a person to violate such a written promise to appear in court and authorizes the issuance of a warrant upon such a violation. (NRS 484A.670) Existing law also requires that a person be taken before a magistrate if: (1) the person is issued a traffic citation and refuses to give a written promise to appear in court; or (2) a peace officer has reasonable and probable grounds to believe that the person will disregard a written promise to appear in court. (NRS 484A.720, 484A.730) Finally, existing law provides that when such a person is taken into custody by a peace officer for the purpose of appearing before a magistrate, the person must be released from custody in certain circumstances upon the issuance of a traffic citation to the person and the person signing a written promise to appear in court. (NRS 484A.760)

      Section 15.1 of this bill provides that if a person who is issued a traffic citation refuses to sign a copy of the traffic citation but accepts a copy of the citation delivered by a peace officer, such acceptance shall be deemed personal service of the notice to appear in court. Section 15.15 of this bill provides that it is unlawful for a person to fail to appear at the time and place set forth in a notice to appear in court that is contained in a traffic citation. Sections 15.2 and 15.25 of this bill, respectively, require that a person be taken before a magistrate if: (1) the person is issued a traffic citation and refuses to sign or accept a copy of the traffic citation; or (2) a peace officer has reasonable and probable grounds to believe that the person will disregard a notice to appear in court. Section 15.27 of this bill requires that a person taken into custody for the purpose of appearing before a magistrate be released from custody in certain circumstances upon the acceptance of a copy of a traffic citation.

      Existing law authorizes a peace officer to prepare and issue a traffic citation to a child in certain circumstances pursuant to the same criteria as would apply to an adult violator. If the child executes a written promise to appear in court by signing the citation, the peace officer is prohibited from taking the child into physical custody for the violation. (NRS 62C.070) Section 15.4 of this bill provides that if such a child refuses to execute a written promise to appear in court but accepts a copy of the citation delivered by the peace officer, such acceptance shall be deemed personal service of the notice to appear in court.

      Existing law restricts the placement of advertising on or near certain highways, rights-of-way, bridges or structures, with certain exceptions for benches and shelters for passengers of mass transit and monorail stations. (NRS 405.110, 410.320, 484B.313) Sections 15.3, 15.5 and 15.7 of this bill add to the exceptions from those restrictions certain advertisements on a touchdown structure, which is the tower attached to a pedestrian bridge and which houses an elevator.

 


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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:

 

      Sections 1-9. (Deleted by amendment.)

      Sec. 10. NRS 483.347 is hereby amended to read as follows:

      483.347  1.  Except as otherwise provided in subsection 2, the Department shall issue a rectangular-shaped driver’s license which bears a front view [colored] photograph of the licensee. The photograph and any information included on the license must be placed in a manner which ensures that:

      (a) If the licensee is 21 years of age or older, the longer edges of the rectangle serve as the top and bottom of the license; or

      (b) If the licensee is under 21 years of age, the shorter edges of the rectangle serve as the top and bottom of the license.

      2.  The Department may issue a temporary driver’s license without a photograph of the licensee if the licensee is temporarily absent from this State and requests the renewal of, the issuance of a duplicate of, or a change in the information on, his or her driver’s license. If the licensee returns to this State for 14 continuous days or more, the licensee shall, within 24 days after the date of return, surrender the temporary license and obtain a license which bears his or her photograph in accordance with subsection 1. A licensee charged with violating the provisions of this subsection may not be convicted if the licensee surrenders the temporary license, obtains a license which bears his or her photograph in accordance with subsection 1 and produces that license in court or in the office of the arresting officer.

      3.  The Department shall:

      (a) Establish a uniform procedure for the production of drivers’ licenses, applicable to renewal as well as to original licenses.

      (b) Except as otherwise provided in NRS 483.417 and 483.825, by regulation, increase the fees provided in NRS 483.410, 483.820 and 483.910 as necessary to cover the actual cost of production of photographs for drivers’ licenses and identification cards. The increase must be deposited in the State Treasury for credit to the Motor Vehicle Fund and must be allocated to the Department to defray the increased costs of producing the drivers’ licenses required by this section.

      Sec. 11. NRS 483.745 is hereby amended to read as follows:

      483.745  1.  A school for training drivers or a third-party certifier provided for by regulation shall ensure that each vehicle used for training drivers and operated on a highway is inspected within 30 days after initial use by the school for training drivers and inspected annually [.] thereafter.

      2.  The school for training drivers or the third-party certifier shall provide to the Department, within 30 days of the inspection or by December 31 of each calendar year, whichever comes first, the results of the inspection regarding the safety and road worthiness of the vehicles inspected pursuant to subsection 1.

      3.  The Department shall adopt regulations setting forth:

      (a) The persons qualified to conduct the inspection; and

      (b) The standards with which the inspection must comply.

 


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      4.  The owner of the school for training drivers or the third-party certifier shall maintain a copy of the results of the inspection at his or her principal place of business for 3 years after the inspection is completed.

      Sec. 12. NRS 483.760 is hereby amended to read as follows:

      483.760  The Department may refuse to issue a license or may cancel, suspend, revoke or refuse to renew any license granted pursuant to NRS 483.700 to 483.780, inclusive:

      1.  If the applicant or licensee makes a material misstatement on an application.

      2.  If the applicant or licensee fails or refuses to provide any information requested by the Department in conjunction with an application.

      3.  If the applicant has been convicted of a crime for a violation of any of the provisions of NRS 483.700 to 483.780, inclusive.

      4.  If the licensee permits fraud or engages in fraudulent practices either with reference to the applicant or the Department or induces or countenances fraud or fraudulent practices on the part of any applicant for driver’s license.

      [2.]5.  If the licensee fails to comply with or is convicted of a crime for a violation of any of the provisions of NRS 483.700 to 483.780, inclusive, or any of the regulations or requirements of the Department made pursuant thereto.

      [3.]6.  If the licensee or any employee or agent of the licensee solicits persons for enrollment in a school for training drivers in an office of the Department or within 200 feet of any such office.

      [4.]7.  If the licensee or any employee or agent of the licensee follows the identical course of training which is used by the Department in giving an examination for a driver’s license.

      Sec. 13. NRS 483.820 is hereby amended to read as follows:

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

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

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

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

 

An original or duplicate identification card issued to a person 65 years of age or older which expires on or before the fourth anniversary of the person’s birthday................................... $4

An original or duplicate identification card issued to a person 65 years of age or older which expires on or before the eighth anniversary of the person’s birthday..................................... 8

 


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

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

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

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

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

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

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

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

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

 

      3.  The Department shall not charge a fee for:

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

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

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

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

      Sec. 14. NRS 483.910 is hereby amended to read as follows:

      483.910  1.  The Department shall charge and collect the following fees:

 

For an original commercial driver’s license [or nonresident commercial driver’s license] which expires on or before the eighth anniversary of the date of issuance of the license but after the fourth anniversary of the date of issuance of the license......................................................................................... $108

 


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For an original commercial driver’s license [, nonresident commercial driver’s license,] or commercial learner’s permit [or nonresident commercial learner’s permit] which expires on or before the fourth anniversary of the birthday of the licensee or permit holder............................................................ $54

For renewal of a commercial driver’s license [or nonresident commercial driver’s license] which expires on or before the eighth anniversary of the date of issuance of the license but after the fourth anniversary of the date of issuance of the license .......................................................................................... 108

For renewal of a commercial driver’s license [, nonresident commercial driver’s license,] or commercial learner’s permit [or nonresident commercial learner’s permit] which expires on or before the fourth anniversary of the birthday of the licensee or permit holder............................................................... 54

For reinstatement of a commercial driver’s license after suspension or revocation of the license for a violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430, or pursuant to NRS 484C.210 and 484C.220, or pursuant to 49 C.F.R. § [383.51(b)(2)(i) or (ii)] 383.51(b)(1) to (4)..................... 145

For reinstatement of a commercial driver’s license after suspension, revocation, cancellation or disqualification of the license, except a suspension or revocation for a violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430, or pursuant to NRS 484C.210 and 484C.220, or pursuant to 49 C.F.R. § [383.51(b)(2)(i) or (ii)] 383.51(b)(1) to (4)............................................................................................................... 110

For a duplicate commercial driver’s license........................................... 19

For any change of information on a commercial driver’s license........ 9

For each endorsement added after the issuance of an original commercial driver’s license     14

For the administration of a driving skills test for the issuance, renewal or transfer of a commercial driver’s license or to change any information on, or add an endorsement to, an existing commercial driver’s license  30

 

      2.  The Department shall charge and collect an annual fee of $555 from each person who is authorized by the Department to administer a driving skills test pursuant to NRS 483.912.

      3.  An additional charge of $3 must be charged for each knowledge test administered to a person who has twice failed the test.

      4.  An additional charge of $25 must be charged for each driving skills test administered to a person who has twice failed the test.

      5.  The increase in fees authorized in NRS 483.347 must be paid in addition to the fees charged pursuant to this section.

      6.  The Department shall charge an applicant for a hazardous materials endorsement an additional fee for the processing of fingerprints. The Department shall establish the additional fee by regulation, except that the amount of the additional fee must not exceed the sum of the amount charged by the Central Repository for Nevada Records of Criminal History and each applicable federal agency to process the fingerprints for a background check of the applicant in accordance with Section 1012 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001, 49 U.S.C. § 5103a.

 


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Department shall establish the additional fee by regulation, except that the amount of the additional fee must not exceed the sum of the amount charged by the Central Repository for Nevada Records of Criminal History and each applicable federal agency to process the fingerprints for a background check of the applicant in accordance with Section 1012 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001, 49 U.S.C. § 5103a.

      Sec. 15. NRS 483.936 is hereby amended to read as follows:

      483.936  A person who is a resident of a foreign jurisdiction which the Federal Highway Administrator has determined does not test drivers and issue commercial drivers’ licenses in accordance with federal standards [or who is a resident of a state while that state is prohibited from issuing commercial drivers’ licenses pursuant to 49 C.F.R. § 384.405] and who wishes to be issued a [nonresident] limited-term commercial driver’s license or [nonresident] limited-term commercial learner’s permit by this State must:

      1.  Apply to the Department for a [nonresident] limited-term commercial driver’s license or [nonresident] limited-term commercial learner’s permit; and

      2.  Comply with all other requirements contained in the regulations adopted by the Department pursuant to NRS 483.908.

      Sec. 15.1. NRS 484A.630 is hereby amended to read as follows:

      484A.630  1.  Whenever a person is halted by a peace officer for any violation of chapters 484A to 484E, inclusive, of NRS punishable as a misdemeanor and is not taken before a magistrate as required or permitted by NRS 484A.720 and 484A.730, the peace officer may prepare a traffic citation manually or electronically in the form of a complaint issuing in the name of “The State of Nevada,” containing a notice to appear in court, the name and address of the person, the state registration number of the person’s vehicle, if any, the number of the person’s driver’s license, if any, the offense charged, including a brief description of the offense and the NRS citation, the time and place when and where the person is required to appear in court, and such other pertinent information as may be necessary. The peace officer shall sign the citation [must be signed by the peace officer.] and deliver a copy of the citation to the person charged with the violation. If the citation is prepared electronically, the peace officer shall sign the copy of the citation that is delivered to the person charged with the violation.

      2.  The time specified in the notice to appear must be at least 5 days after the alleged violation unless the person charged with the violation demands an earlier hearing.

      3.  The place specified in the notice to appear must be before a magistrate, as designated in NRS 484A.750.

      4.  The person charged with the violation may give his or her written promise to appear in court by signing at least one copy of the traffic citation prepared by the peace officer [, in which event the peace officer shall deliver a copy of the citation to the person,] and thereupon the peace officer shall not take the person into physical custody for the violation. If the citation is prepared electronically, the peace officer [shall deliver the signed copy of the citation to the person and] shall indicate on the electronic record of the citation whether the person charged gave his or her written promise to appear. A copy of the citation that is signed by the person charged or the electronic record of the citation which indicates that the person charged gave his or her written promise to appear suffices as proof of service.

 


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electronic record of the citation which indicates that the person charged gave his or her written promise to appear suffices as proof of service.

      5.  If the person charged with the violation refuses to sign a copy of the traffic citation but accepts a copy of the citation delivered by the peace officer:

      (a) The acceptance shall be deemed personal service of the notice to appear in court;

      (b) A copy of the citation signed by the peace officer suffices as proof of service; and

      (c) The peace officer shall not take the person into physical custody for the violation.

      Sec. 15.15. NRS 484A.670 is hereby amended to read as follows:

      484A.670  1.  [It] Regardless of the disposition of the charge for which a traffic citation was originally issued, it is unlawful for a person to [violate] :

      (a) Violate a written promise to appear in court given to a peace officer upon the issuance of a traffic citation prepared [manually or electronically, regardless of the disposition of the charge for which the citation was originally issued.] by the peace officer; or

      (b) Fail to appear at the time and place set forth in a notice to appear in court that is contained in a traffic citation prepared by a peace officer.

      2.  Except as otherwise provided in this subsection, a person may comply with a written promise to appear in court or a notice to appear in court by an appearance by counsel. A person who has been convicted of two or more moving traffic violations in unrelated incidents within a 12-month period and is subsequently arrested or issued a citation within that 12-month period shall appear personally in court with or without counsel.

      3.  A warrant may issue upon a violation of a written promise to appear [.] in court or a failure to appear at the time and place set forth in a notice to appear in court.

      Sec. 15.2. NRS 484A.720 is hereby amended to read as follows:

      484A.720  Whenever any person is halted by a peace officer for any violation of chapters 484A to 484E, inclusive, of NRS not amounting to a gross misdemeanor or felony, the person shall be taken without unnecessary delay before the proper magistrate, as specified in NRS 484A.750, in either of the following cases:

      1.  When the person demands an immediate appearance before a magistrate; or

      2.  In any other event when the person is issued a traffic citation by an authorized person and refuses to [give a written promise to appear in court as provided in NRS 484A.630.] sign or accept a copy of the traffic citation.

      Sec. 15.25. NRS 484A.730 is hereby amended to read as follows:

      484A.730  Whenever any person is halted by a peace officer for any violation of chapters 484A to 484E, inclusive, of NRS and is not required to be taken before a magistrate, the person may, in the discretion of the peace officer, either be given a traffic citation, or be taken without unnecessary delay before the proper magistrate. The person must be taken before the magistrate in any of the following cases:

      1.  When the person does not furnish satisfactory evidence of identity or when the peace officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court [;] or a notice to appear in court;

 


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      2.  When the person is charged with a violation of NRS 484D.580 relating to the refusal of a driver of a vehicle to submit the vehicle to an inspection and test;

      3.  When the person is charged with a violation of NRS 484D.675 relating to the failure or refusal of a driver of a vehicle to submit the vehicle and load to a weighing or to remove excess weight therefrom; or

      4.  When the person is charged with a violation of NRS 484C.110 or 484C.120, unless the person is incapacitated and is being treated for injuries at the time the peace officer would otherwise be taking the person before the magistrate.

      Sec. 15.27. NRS 484A.760 is hereby amended to read as follows:

      484A.760  Whenever any person is taken into custody by a peace officer for the purpose of taking him or her before a magistrate or court as authorized or required in chapters 484A to 484E, inclusive, of NRS upon any charge other than a felony or the offenses enumerated in paragraphs (a) to (e), inclusive, of subsection 1 of NRS 484A.710, and no magistrate is available at the time of arrest, and there is no bail schedule established by the magistrate or court and no lawfully designated court clerk or other public officer who is available and authorized to accept bail upon behalf of the magistrate or court, the person must be released from custody upon the issuance to the person of a misdemeanor citation or traffic citation and the person signing a promise to appear, as provided in NRS 171.1773 or 484A.630, respectively [.] , or accepting a copy of the traffic citation, as provided in NRS 484A.630.

      Sec. 15.3. NRS 484B.313 is hereby amended to read as follows:

      484B.313  1.  It is unlawful for any person to place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any such device, sign or signal, and except as otherwise provided in [subsection] subsections 4 [,] and 5, a person shall not place or maintain nor may any public authority permit upon any highway any sign, signal, marking or street banner bearing thereon any commercial advertising . [except on benches and shelters for passengers of public mass transportation for which a franchise has been granted pursuant to NRS 244.187 and 244.188, 268.081 and 268.083, 269.128 and 269.129, or 277A.310 and 277A.330, or on monorail stations.]

      2.  Every such prohibited sign, signal or marking is hereby declared to be a public nuisance, and the proper public authority may remove the same or cause it to be removed without notice.

      3.  This section does not prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official traffic-control devices.

      4.  A person may place and maintain commercial advertising in an airspace above a highway under the conditions specified pursuant to subsection 3 of NRS 405.110, and a public authority may permit commercial advertising that has been placed in an airspace above a highway under the conditions specified pursuant to subsection 3 of NRS 405.110.

      5.  The provisions of subsection 1 do not apply to any sign, signal, marking or street banner bearing thereon any commercial advertising that is located:

 


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      (a) On a bench or shelter for passengers of public mass transportation built pursuant to a franchise granted pursuant to NRS 244.187 and 244.188, 268.081 and 268.083, 269.128 and 269.129, or 277A.310 and 277A.330;

      (b) On a monorail station; or

      (c) On a touchdown structure if a public authority authorizes such advertising and the advertising is placed and maintained by a person who owns real property adjacent to the touchdown structure and who has:

             (1) Dedicated the touchdown structure to the public authority or has granted a fee or perpetual easement to the public authority for the construction or maintenance of the touchdown structure; and

             (2) Entered a written agreement with the public authority on terms and conditions acceptable to the public authority.

      6.  If a franchisee receives revenues from commercial advertising authorized by subsection 1 and the franchisee is obligated to repay a bond issued by the State of Nevada, the franchisee shall use all revenue generated by the advertising authorized by subsection 1 to meet its obligations to the State of Nevada as set forth in the financing agreement and bond indenture, including, without limitation, the payment of operations and maintenance obligations, the funding of reserves and the payment of debt service. To the extent that any surplus revenue remains after the payment of all such obligations, the surplus revenue must be used solely to repay the bond until the bond is repaid.

      [6.]7.  As used in this section:

      (a) “Monorail station” means:

             (1) A structure for the loading and unloading of passengers from a monorail for which a franchise has been granted pursuant to NRS 705.695 or an agreement has been entered into pursuant to NRS 705.695; and

             (2) Any facilities or appurtenances within such a structure.

      (b) “Street banner” has the meaning ascribed to it in NRS 277A.130.

      (c) “Touchdown structure” means a structure, connected to a pedestrian bridge, which houses an elevator.

      Sec. 15.4. NRS 62C.070 is hereby amended to read as follows:

      62C.070  1.  If a child is stopped by a peace officer for a violation of any traffic law or ordinance which is punishable as a misdemeanor, the peace officer may prepare and issue a traffic citation pursuant to the same criteria as would apply to an adult violator. The peace officer shall deliver a copy of the citation to the child.

      2.  If a child who is issued a traffic citation executes a written promise to appear in court by signing the citation, the peace officer [:

      (a) Shall deliver a copy of the citation to the child; and

      (b) Shall] shall not take the child into physical custody for the violation.

      3.  If a child who is issued a traffic citation refuses to execute a written promise to appear in court but accepts a copy of the citation delivered by the peace officer:

      (a) The acceptance shall be deemed personal service of the notice to appear in court;

      (b) A copy of the citation signed by the peace officer suffices as proof of service; and

      (c) The peace officer shall not take the child into physical custody for the violation.

 


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ê2017 Statutes of Nevada, Page 1423 (Chapter 270, AB 68)ê

 

      Sec. 15.5. NRS 405.110 is hereby amended to read as follows:

      405.110  1.  Except [on benches and shelters for passengers of public mass transportation for which a franchise has been granted pursuant to NRS 244.187 and 244.188, 268.081 and 268.083, 269.128 and 269.129, or 277A.310 and 277A.330, or on monorail stations,] as otherwise provided in subsection 5, no advertising signs, signboards, boards or other materials containing advertising matter may:

      (a) Except as otherwise provided in subsection 3, be placed upon or over any state highway.

      (b) Except as otherwise provided in subsections 3 and 4, be placed within the highway right-of-way.

      (c) Except as otherwise provided in subsection 3, be placed upon any bridge or other structure thereon.

      (d) Be so situated with respect to any public highway as to obstruct clear vision of an intersecting highway or highways or otherwise so situated as to constitute a hazard upon or prevent the safe use of the state highway.

      2.  With the permission of the Department of Transportation, counties, towns or cities of this State may place at such points as are designated by the Director of the Department of Transportation suitable signboards advertising the counties, towns or municipalities.

      3.  A person may place an advertising sign, signboard, board or other material containing advertising matter in any airspace above a highway if:

      (a) The Department of Transportation has leased the airspace to the person pursuant to subsection 2 of NRS 408.507, the airspace is over an interstate highway and:

             (1) The purpose of the sign, signboard, board or other material is to identify a commercial establishment that is entirely located within the airspace, services rendered, or goods produced or sold upon the commercial establishment or that the facility or property that is located within the airspace is for sale or lease; and

             (2) The size, location and design of the sign, signboard, board or other material and the quantity of signs, signboards, boards or other materials have been approved by the Department of Transportation; or

      (b) The person owns real property adjacent to an interstate highway and:

             (1) The person has dedicated to a public authority a fee or perpetual easement interest in at least 1 acre of the property for the construction or maintenance, or both, of the highway over which the person is placing the sign, signboard, board or other material and the person retained the air rights in the airspace above the property for which the person has dedicated the interest;

             (2) The sign, signboard, board or other material is located in the airspace for which the person retained the air rights;

             (3) The structure that supports the sign, signboard, board or other material is not located on the property for which the person dedicated the fee or easement interest to the public authority, and the public authority determines that the location of the structure does not create a traffic hazard; and

             (4) The purpose of the sign, signboard, board or other material is to identify an establishment or activity that is located on the real property adjacent to the interstate highway, or services rendered or goods provided or sold on that property.

 


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ê2017 Statutes of Nevada, Page 1424 (Chapter 270, AB 68)ê

 

      4.  A tenant of a mobile home park may exhibit a political sign within a right-of-way of a state highway or road which is owned or controlled by the Department of Transportation if the tenant exhibits the sign within the boundary of the tenant’s lot and in accordance with the requirements and limitations set forth in NRS 118B.145. As used in this subsection, the term “political sign” has the meaning ascribed to it in NRS 118B.145.

      5.  The provisions of subsection 1 do not apply to any advertising, signs, signboards or other materials containing advertising matter located:

      (a) On a bench or shelter for passengers of public mass transportation built pursuant to a franchise granted pursuant to NRS 244.187 and 244.188, 268.081 and 268.083, 269.128 and 269129, or 277A.310 and 277A.330;

      (b) On a monorail station; or

      (c) On a touchdown structure if a public authority authorizes such advertising matter and the advertising matter is placed and maintained by a person who owns real property adjacent to the touchdown structure and who has:

             (1) Dedicated the touchdown structure to the public authority or has granted a fee or perpetual easement to the public authority for the construction or maintenance of the touchdown structure; and

             (2) Entered a written agreement with the public authority on terms and conditions acceptable to the public authority.

      6.  If any such sign is placed in violation of this section, it is thereby declared a public nuisance and may be removed forthwith by the Department of Transportation or the public authority.

      [6.]7.  Any person placing any such sign in violation of the provisions of this section shall be punished by a fine of not more than $250, and is also liable in damages for any injury or injuries incurred or for injury to or loss of property sustained by any person by reason of the violation.

      [7.]8.  If a franchisee receives revenues from an advertising sign, signboard, board or other material containing advertising matter authorized by subsection 1 and the franchisee is obligated to repay a bond issued by the State of Nevada, the franchisee shall use all revenue generated by the advertising sign, signboard, board or other material containing advertising matter authorized by subsection 1 to meet its obligations to the State of Nevada as set forth in the financing agreement and bond indenture, including, without limitation, the payment of operations and maintenance obligations, the funding of reserves and the payment of debt service. To the extent that any surplus revenue remains after the payment of all such obligations, the surplus revenue must be used solely to repay the bond until the bond is repaid.

      [8.]9.  As used in this section [, “monorail] :

      (a) “Monorail station” means:

      [(a)](1) A structure for the loading and unloading of passengers from a monorail for which a franchise has been granted pursuant to NRS 705.695 or an agreement has been entered into pursuant to NRS 705.695; and

 

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 1425 (Chapter 270, AB 68)ê

 

      [(b)](2) Any facilities or appurtenances within such a structure.

      (b) “Touchdown structure” means a structure, connected to a pedestrian bridge, which houses an elevator.

      Sec. 15.7. NRS 410.320 is hereby amended to read as follows:

      410.320  Outdoor advertising shall not be erected or maintained within 660 feet of the nearest edge of the right-of-way and visible from the main-traveled way of the interstate or primary highway systems in this state, and, outside urban areas outdoor advertising shall not be erected or maintained beyond 660 feet from the nearest edge of the right-of-way of the interstate and primary highway systems which is visible and placed with the purpose of having its message read from the main-traveled way of the interstate and primary highway systems in this state, except the following:

      1.  Directional, warning, landmark, informational and other official signs and notices, including but not limited to signs and notices pertaining to natural wonders, scenic and historic attractions. Only signs which are required or authorized by law or by federal, state or county authority, and which conform to national standards promulgated by the Secretary of Transportation pursuant to 23 U.S.C. § 131, are permitted.

      2.  Signs, displays and devices which advertise the sale or lease of the property upon which they are located.

      3.  Signs, displays and devices which advertise the activities conducted or services rendered or the goods produced or sold upon the property upon which the advertising sign, display or device is erected.

      4.  Signs, displays and devices located in zoned commercial or industrial areas, when located within 660 feet of the nearest edge of the right-of-way and visible from the main-traveled way of the interstate and primary highway systems within this state.

      5.  Signs, displays and devices located in an unzoned commercial or industrial area as defined in NRS 410.300, when located within 660 feet of the nearest edge of the right-of-way and visible from the main-traveled way of the interstate and primary highway systems within this state.

      6.  Nonconforming signs in defined hardship areas which provide directional information about goods and services in the interest of the traveling public and are approved by the Secretary of Transportation pursuant to 23 U.S.C. § 131(o).

      7.  Signs, displays and devices located as described in subsection 5 of NRS 405.110 and subsection 5 of NRS 484B.313.

      Sec. 16. (Deleted by amendment.)

      Sec. 17.  1.  This section and sections 1 to 9, inclusive, and 15.1 to 16, inclusive, of this act become effective on July 1, 2017.

      2.  Sections 10 to 15, inclusive, of this act become effective on October 1, 2017.

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ê2017 Statutes of Nevada, Page 1426ê

 

CHAPTER 271, AB 113

Assembly Bill No. 113–Assemblywoman Spiegel

 

CHAPTER 271

 

[Approved: June 1, 2017]

 

AN ACT relating to public health; requiring certain employers to provide reasonable break times and a place for an employee who is a nursing mother to express breast milk; prohibiting an employer from retaliating against an employee for certain actions relating to this requirement; authorizing a public employee who is aggrieved by an employer’s failure to comply with this requirement or for retaliation by the employer to file a complaint; requiring the Local Government Employee-Management Relations Board to provide for an expedited review of such complaints by local government employees; exempting certain small employers and contractors from this requirement; authorizing the Labor Commissioner to enforce the requirement against a private employer; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires employers to provide their employees with meal and rest periods, with certain exceptions. (NRS 608.019) Existing law also authorizes the Labor Commissioner to prosecute violations of this requirement and makes violation of this requirement a misdemeanor, subject to a civil penalty of $5,000 per violation. (NRS 608.180, 608.195) Existing federal law also requires an employer to provide reasonable break time and a private place for employees to express breast milk for a nursing child for 1 year after the child’s birth. (29 U.S.C. § 207(r))

      Sections 2 and 5 of this bill require each public and private employer in this State, other than the Department of Corrections, certain small employers and certain licensed contractors, to provide a reasonable break time and a clean, private place for an employee who is a nursing mother to express breast milk. This break time may be provided with or without compensation, except that section 5 requires the break time to be compensated if such break time is otherwise required to be compensated pursuant to a collective bargaining agreement between a private employer and an employee organization. Additionally, sections 2 and 5 prohibit employers from retaliating against an employee who: (1) takes such break time or uses the designated place to express breast milk; or (2) takes any action to enforce this requirement. If a public or private employer would face an undue hardship relating to these requirements, sections 2 and 5 authorize the employer to meet with the employee to discuss potential alternatives. If no agreement is reached on such an alternative, sections 2 and 5 authorize the employer to require the employee to accept a reasonable alternative selected by the employer. Section 2 also authorizes a public employee to file a complaint against his or her public employer for certain violations of sections 2, 4 and 5 of this bill and require the Local Government Employee-Management Relations Board to create an expedited procedure to resolve such a complaint. Section 5 exempts a private employer from the requirements of section 5 if the employer: (1) has fewer than 50 employees and complying with the requirements would cause an undue hardship; or (2) is a licensed contractor and the employee is performing work at a construction jobsite that is at least 3 miles from the regular place of business of the employer. Section 6 of this bill authorizes the Labor Commissioner to enforce these requirements against private employers. Finally, section 7 of this bill makes a private employer who violates these requirements guilty of a misdemeanor, subject to a civil penalty of $5,000 per violation.

 


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ê2017 Statutes of Nevada, Page 1427 (Chapter 271, AB 113)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. (Deleted by amendment.)

      Sec. 2. Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsections 2 and 5, a public body shall provide an employee who is the mother of a child under 1 year of age with:

      (a) Reasonable break time, with or without compensation, for the employee to express breast milk as needed; and

      (b) A place, other than a bathroom, that is reasonably free from dirt or pollution, protected from the view of others and free from intrusion by others where the employee may express breast milk.

      2.  If the public body determines that complying with the provisions of subsection 1 will cause an undue hardship considering the size, financial resources, nature and structure of the public body, the public body may meet with the employee to agree upon a reasonable alternative. If the parties are not able to reach an agreement, the public body may require the employee to accept a reasonable alternative selected by the public body and the employee may appeal the decision by filing a complaint in the manner set forth in subsection 4.

      3.  An officer or agent of a public body shall not retaliate, or direct or encourage another person to retaliate, against an employee of the public body because the employee has:

      (a) Taken break time or used the space provided pursuant to subsection 1 or 2 to express breast milk; or

      (b) Taken any action to require the public body to comply with the requirements of this section, including, without limitation, filing a complaint, testifying, assisting or participating in any manner in an investigation, proceeding or hearing to enforce the provisions of this section.

      4.  An employee who is aggrieved by the failure of a public body to comply with the provisions of this section may:

      (a) If the employee is employed by the Executive Department of State Government and is not an employee of an entity described in NRS 284.013, file a complaint with the Employee-Management Committee in accordance with the procedures provided pursuant to NRS 284.384;

      (b) If the employee is employed by the Legislative Department of State Government, file a complaint with the Director of the Legislative Counsel Bureau;

      (c) If the employee is employed by the Judicial Department of State Government, file a complaint with the Court Administrator; and

      (d) If the employee is employed by a political subdivision of this State or any public or quasi-public corporation organized under the laws of this State, file a complaint with the Local Government Employee-Management Relations Board in the manner set forth in section 3.3 of this act.

      5.  The requirements of this section do not apply to the Department of Corrections. The Department is encouraged to comply with the provisions of this section to the extent practicable.

 


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ê2017 Statutes of Nevada, Page 1428 (Chapter 271, AB 113)ê

 

      6.  As used in this section, “public body” means:

      (a) The State of Nevada, or any agency, instrumentality or corporation thereof;

      (b) The Nevada System of Higher Education; or

      (c) Any political subdivision of this State or any public or quasi-public corporation organized under the laws of this State, including, without limitation, counties, cities, unincorporated towns, school districts, charter schools, hospital districts, irrigation districts and other special districts.

      Sec. 3. NRS 284.384 is hereby amended to read as follows:

      284.384  1.  The Commission shall adopt regulations which provide for the adjustment of grievances for which a hearing is not provided by federal law or NRS 284.165, 284.245, 284.3629, 284.376 or 284.390 [.] and complaints filed pursuant to section 2 of this act. Any grievance for which a hearing is not provided by NRS 284.165, 284.245, 284.3629, 284.376 or 284.390 , or any complaint filed pursuant to section 2 of this act, is subject to adjustment pursuant to this section.

      2.  The regulations must provide procedures for:

      (a) Consideration and adjustment of the grievance or complaint within the agency in which it arose.

      (b) Submission to the Employee-Management Committee for a final decision if the employee is still dissatisfied with the resolution of the dispute.

      (c) If requested by an employee or agency, the use of a resolution conference to resolve a grievance [.] or complaint.

      3.  The regulations must include provisions for:

      (a) Submitting each proposed resolution of a dispute which has a fiscal effect to the Budget Division of the Office of Finance for a determination by that Division whether the resolution is feasible on the basis of its fiscal effects; and

      (b) Making the resolution binding.

      4.  Any grievance or complaint which is subject to adjustment pursuant to this section may be appealed to the Employee-Management Committee for a final decision. Except as otherwise provided in subsection 3, a final decision of the Committee is binding. The Committee or an employee may petition a court of competent jurisdiction for enforcement of the Committee’s binding decisions.

      5.  The employee may represent himself or herself at any hearing regarding a grievance or complaint which is subject to adjustment pursuant to this section or be represented by an attorney or other person of the employee’s own choosing.

      6.  As used in this section, “grievance” means an act, omission or occurrence which an employee who has attained permanent status feels constitutes an injustice relating to any condition arising out of the relationship between an employer and an employee, including, but not limited to, compensation, working hours, working conditions, membership in an organization of employees or the interpretation of any law, regulation or disagreement.

      Sec. 3.3. Chapter 288 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Board shall provide for an expedited review of a complaint filed by an employee pursuant to subsection 4 of section 2 of this act. To facilitate such a review, the Board shall:

 


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ê2017 Statutes of Nevada, Page 1429 (Chapter 271, AB 113)ê

 

      1.  Create and make available a form to be used by an employee to file a complaint;

      2.  Authorize the Commissioner to resolve such a complaint without referring the matter to the Board;

      3.  Establish an expedited timeline for issuing a decision; and

      4.  Take any other action necessary to ensure the complaint is reviewed in a timely manner.

      Sec. 3.7. NRS 288.110 is hereby amended to read as follows:

      288.110  1.  The Board may make rules governing:

      (a) Proceedings before it;

      (b) Procedures for fact-finding;

      (c) The recognition of employee organizations; and

      (d) The determination of bargaining units.

      2.  The Board may hear and determine any complaint arising out of the interpretation of, or performance under, the provisions of this chapter by any local government employer, local government employee or employee organization. Except as otherwise provided in this subsection and NRS 288.280, and section 3.3 of this act, the Board shall conduct a hearing within 180 days after it decides to hear a complaint. If a complaint alleges a violation of paragraph (e) of subsection 1 of NRS 288.270 or paragraph (b) of subsection 2 of that section, the Board shall conduct a hearing not later than 45 days after it decides to hear the complaint, unless the parties agree to waive this requirement. The Board, after a hearing, if it finds that the complaint is well taken, may order any person to refrain from the action complained of or to restore to the party aggrieved any benefit of which the party has been deprived by that action. [The] Except when an expedited hearing is conducted pursuant to section 3.3 of this act, the Board shall issue its decision within 120 days after the hearing on the complaint is completed.

      3.  Any party aggrieved by the failure of any person to obey an order of the Board issued pursuant to subsection 2, or the Board at the request of such a party, may apply to a court of competent jurisdiction for a prohibitory or mandatory injunction to enforce the order.

      4.  The Board may not consider any complaint or appeal filed more than 6 months after the occurrence which is the subject of the complaint or appeal.

      5.  The Board may decide without a hearing a contested matter:

      (a) In which all of the legal issues have been previously decided by the Board, if it adopts its previous decision or decisions as precedent; or

      (b) Upon agreement of all the parties.

      6.  The Board may award reasonable costs, which may include attorneys’ fees, to the prevailing party.

      Sec. 4.  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.

 


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ê2017 Statutes of Nevada, Page 1430 (Chapter 271, AB 113)ê

 

      (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, 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.

      (h) Fail to comply with the requirements of section 2 of this act.

      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, 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. 5. Chapter 608 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsections 3, 5 and 6, each employer shall provide an employee who is the mother of a child under 1 year of age with:

      (a) Reasonable break time, with or without compensation, for the employee to express breast milk as needed; and

      (b) A place, other than a bathroom, that is reasonably free from dirt or pollution, which is protected from the view of others and free from intrusion by others where the employee may express breast milk.

      2.  If break time is required to be compensated pursuant to a collective bargaining agreement entered into by an employer and an employee organization, any break time taken pursuant to subsection 1 by an employee which is covered by the collective bargaining agreement must be compensated.

      3.  If an employer determines that complying with the provisions of subsection 1 will cause an undue hardship considering the size, financial resources, nature and structure of the business of the employer, the employer may meet with the employee to agree upon a reasonable

 

 

 


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ê2017 Statutes of Nevada, Page 1431 (Chapter 271, AB 113)ê

 

alternative. If the parties are not able to reach an agreement, the employer may require the employee to accept a reasonable alternative selected by the employer.

      4.  An employer shall not retaliate, or direct or encourage another person to retaliate, against any employee because that employee has:

      (a) Taken break time or used the space provided pursuant to subsection 1 or 3 to express breast milk; or

      (b) Taken any action to require the employer to comply with the requirements of this section, including, without limitation, filing a complaint, testifying, assisting or participating in any manner in an investigation, proceeding or hearing to enforce the provisions of this section.

      5.  An employer who employs fewer than 50 employees is not subject to the requirements of this section if these requirements would impose an undue hardship on the employer, considering the size, financial resources, nature and structure of the business of the employer.

      6.  An employer who is a contractor licensed pursuant to chapter 624 of NRS is not subject to the requirements of this section with regard to an employee who is performing work at a construction jobsite that is located at least 3 miles from the regular place of business of the employer.

      Sec. 6. NRS 608.180 is hereby amended to read as follows:

      608.180  The Labor Commissioner or the representative of the Labor Commissioner shall cause the provisions of NRS 608.005 to 608.195, inclusive, and section 5 of this act to be enforced, and upon notice from the Labor Commissioner or the representative:

      1.  The district attorney of any county in which a violation of those sections has occurred;

      2.  The Deputy Labor Commissioner, as provided in NRS 607.050;

      3.  The Attorney General, as provided in NRS 607.160 or 607.220; or

      4.  The special counsel, as provided in NRS 607.065,

Ê shall prosecute the action for enforcement according to law.

      Sec. 7. NRS 608.195 is hereby amended to read as follows:

      608.195  1.  Except as otherwise provided in NRS 608.0165, any person who violates any provision of NRS 608.005 to 608.195, inclusive, and section 5 of this act, or any regulation adopted pursuant thereto, is guilty of a misdemeanor.

      2.  In addition to any other remedy or penalty, the Labor Commissioner may impose against the person an administrative penalty of not more than $5,000 for each such violation.

      Sec. 8. (Deleted by amendment.)

      Sec. 9.  This act becomes effective on July 1, 2017.

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ê2017 Statutes of Nevada, Page 1432ê

 

CHAPTER 272, AB 138

Assembly Bill No. 138–Assemblywoman Carlton (by request)

 

CHAPTER 272

 

[Approved: June 1, 2017]

 

AN ACT relating to water; authorizing the de minimus collection of precipitation for nonpotable domestic use and, under certain circumstances, to provide water to wildlife; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires that, subject to existing rights, the appropriation of any water in this State is subject to the provisions of chapter 533 of NRS, which, among other things, require any person seeking to appropriate water to obtain a permit to do so. (NRS 533.030, 533.325) Section 1 of this bill provides that the de minimus collection of precipitation from the rooftop of a single-family dwelling for nonpotable domestic use or, under certain circumstances, in a guzzler to provide water to wildlife is exempted from the requirements of chapter 533 of NRS and thus may be collected without a water right or permit to appropriate water. Sections 2-5 of this bill make conforming changes.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 533 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The provisions of this chapter do not apply to the de minimus collection of precipitation:

      (a) From the rooftop of a single-family dwelling for nonpotable domestic use; or

      (b) If the collection does not conflict with any existing water rights as determined by the State Engineer, in a guzzler to provide water for use by wildlife. The guzzler must:

             (1) Have a capacity of 20,000 gallons or less;

             (2) Have a capture area of 1 acre of less;

             (3) Have a pipe length of 1/4 mile or less;

             (4) Be developed by a state or federal agency responsible for wildlife management or by any other person in consultation with the Department of Wildlife; and

             (5) Be approved for use by the Department of Wildlife.

      2.  As used in this section:

      (a) “Domestic use” has the meaning ascribed to it in NRS 534.013; and

      (b) “Guzzler” has the meaning ascribed to it in NRS 501.121.

      Sec. 2. NRS 533.030 is hereby amended to read as follows:

      533.030  1.  Subject to existing rights, and except as otherwise provided in this section [,] and section 1 of this act, all water may be appropriated for beneficial use as provided in this chapter and not otherwise.

      2.  The use of water, from any stream system as provided in this chapter and from underground water as provided in NRS 534.080, for any recreational purpose, or the use of water from the Muddy River or the Virgin River to create any developed shortage supply or intentionally created surplus, is hereby declared to be a beneficial use.

 


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ê2017 Statutes of Nevada, Page 1433 (Chapter 272, AB 138)ê

 

recreational purpose, or the use of water from the Muddy River or the Virgin River to create any developed shortage supply or intentionally created surplus, is hereby declared to be a beneficial use. As used in this subsection:

      (a) “Developed shortage supply” has the meaning ascribed to it in Volume 73 of the Federal Register at page 19884, April 11, 2008, and any subsequent amendment thereto.

      (b) “Intentionally created surplus” has the meaning ascribed to it in Volume 73 of the Federal Register at page 19884, April 11, 2008, and any subsequent amendment thereto.

      3.  Except as otherwise provided in subsection 4, in any county whose population is 700,000 or more:

      (a) The board of county commissioners may prohibit or restrict by ordinance the use of water and effluent for recreational purposes in any artificially created lake or stream located within the unincorporated areas of the county.

      (b) The governing body of a city may prohibit or restrict by ordinance the use of water and effluent for recreational purposes in any artificially created lake or stream located within the boundaries of the city.

      4.  In any county whose population is 700,000 or more, the provisions of subsection 1 and of any ordinance adopted pursuant to subsection 3 do not apply to:

      (a) Water stored in an artificially created reservoir for use in flood control, in meeting peak water demands or for purposes relating to the treatment of sewage;

      (b) Water used in a mining reclamation project; or

      (c) A body of water located in a recreational facility that is open to the public and owned or operated by the United States or the State of Nevada.

      Sec. 3. NRS 533.325 is hereby amended to read as follows:

      533.325  [Any] Except as otherwise provided in section 1 of this act, any person who wishes to appropriate any of the public waters, or to change the place of diversion, manner of use or place of use of water already appropriated, shall, before performing any work in connection with such appropriation, change in place of diversion or change in manner or place of use, apply to the State Engineer for a permit to do so.

      Sec. 4. NRS 533.475 is hereby amended to read as follows:

      533.475  The State Engineer and the assistants of the State Engineer shall have power to arrest any person violating any of the provisions of NRS 533.005 to 533.470, inclusive, and section 1 of this act, and to turn that person over to the sheriff or other competent police officer within the county. Immediately on delivering any such person so arrested into the custody of the sheriff, the State Engineer or assistant making such arrest shall immediately, in writing, and upon oath, make a complaint before the justice of the peace against the person so arrested.

      Sec. 5. NRS 533.480 is hereby amended to read as follows:

      533.480  Any person violating any of the provisions of NRS 533.005 to 533.475, inclusive, and section 1 of this act shall be guilty of a misdemeanor.

      Sec. 6.  This act becomes effective on July 1, 2017.

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ê2017 Statutes of Nevada, Page 1434ê

 

CHAPTER 273, AB 160

Assembly Bill No. 160–Assemblywoman Swank

 

CHAPTER 273

 

[Approved: June 1, 2017]

 

AN ACT relating to energy; requiring the State Public Works Division of the Department of Administration to conduct an evaluation on installing alternatives to window replacement before replacing windows in certain public buildings; extending the maximum length of the terms of certain performance, lease-purchase and installment-purchase contracts; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill requires the State Public Works Division of the Department of Administration to conduct an evaluation on the feasibility of using alternatives to window replacement before the Division replaces windows in certain public buildings and to consult with the Office of Historic Preservation of the State Department of Conservation and Natural Resources when making such an evaluation of a public building that is at least 50 years old. Section 1 further requires the Division to use an alternative to window replacement if the potential savings from use of the alternative exceed the costs of the alternative, except if otherwise recommended by the Office of Historic Preservation as to a public building that is at least 50 years old. Section 1 exempts the Division from performing such an evaluation before replacing windows in a state prison facility or institution or windows that are broken.

      Existing law authorizes certain state agencies to enter into a performance contract with a qualified service company for the purchase and installation of one or more operating cost-savings measures, including modifications to windows, to reduce costs related to energy, water and the disposal of waste, and related labor costs. (NRS 333A.075) Existing law provides that the term of such a performance contract may not exceed 15 years after the date on which the work required by the performance contract is completed. (NRS 333A.040, 333A.100) Existing law also provides that the terms of certain installment-purchase and lease-purchase contracts entered into to finance a performance contract may not exceed 15 years after the date on which the work required by the installment-purchase or lease-purchase contract is completed. (NRS 333A.0902) Under existing law, the maximum permissible length of the terms of such performance contracts entered into by local governments is 25 years. (NRS 332.380) Sections 1.3 and 1.7 of this act increase the maximum permissible length of the terms of performance, installment-purchase and lease-purchase contracts entered into by authorized state agencies to 20 years after the date on which the work required by the performance, installment-purchase or lease-purchase contract is completed.

 

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 701B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  When considering window replacement in public buildings, the State Public Works Division of the Department of Administration shall, except as otherwise provided in subsection 3, evaluate alternatives to window replacement, including, without limitation:

      (a) Weather stripping;

      (b) Interior window surface film;

 


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      (c) Insulating cellular shades;

      (d) Exterior storm windows;

      (e) Interior window panels; or

      (f) Any combination of alternatives listed in paragraphs (a) to (e), inclusive.

      2.  An evaluation conducted pursuant to subsection 1 must include the cost of such alternatives to window replacements and potential savings from each alternative, including, without limitation, energy savings. Except as otherwise provided in subsection 4, if the Division determines that the potential savings from the use of an alternative to window replacement exceed the costs of the alternative, the Division must use the alternative in lieu of window replacement.

      3.  The Division is not required to conduct an evaluation pursuant to subsection 1 before replacing:

      (a) The windows in a state prison facility or institution; or

      (b) A broken window.

      4.  When evaluating whether to replace the windows or use an alternative to window replacement pursuant to subsection 1 in a public building that is at least 50 years old, the Division must consult with the Office of Historic Preservation of the State Department of Conservation and Natural Resources. The Division is not required to use an alternative to window replacement in a public building that is at least 50 years old if the Office of Historic Preservation recommends against using the alternative.

      5.  As used in this section, “public building” means any building to which the provisions of NRS 341.1405 to 341.148, inclusive, apply.

      Sec. 1.3. NRS 333A.0902 is hereby amended to read as follows:

      333A.0902  In connection with any installment-purchase contract or lease-purchase contract entered into to finance a performance contract, the Board may:

      1.  Grant a security interest in any property that is the subject of the installment-purchase contract or lease-purchase contract and execute an instrument to evidence such a security interest, including, without limitation, a deed of trust, a leasehold interest deed of trust, a mortgage or a financing agreement.

      2.  Offer certificates of participation.

      3.  If the installment-purchase contract or lease-purchase contract involves an improvement to property owned by the State of Nevada or the using agency, enter into a lease of the property to which the improvement will be made and any property that is adjacent to that property if the installment-purchase contract or lease-purchase contract:

      (a) Except as otherwise provided in NRS 333A.0916, has a term of not more than [15] 20 years beyond the date on which construction of the work required by the installment-purchase contract or lease-purchase contract is completed; and

      (b) Provides for rental payments that approximate the fair market rental of the property before the improvement is made, as determined by the Board at the time the parties enter into the lease, which must be paid if the installment-purchase contract or lease-purchase contract terminates before the expiration of the lease because the Legislature fails to appropriate money for payments due pursuant to the installment-purchase contract or lease-purchase contract.

 


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Ê A lease entered into pursuant to this subsection may provide for nominal rental payments to be paid pursuant to the lease before the installment-purchase contract or lease-purchase contract terminates.

      4.  Enter into any other agreement, contract or arrangement that the Board determines would be beneficial to the purpose of the installment-purchase contract or lease-purchase contract, including, without limitation, contracts for professional services, trust indentures, paying agent agreements and contracts of insurance.

      Sec. 1.7. NRS 333A.100 is hereby amended to read as follows:

      333A.100  1.  Notwithstanding any provision of this chapter to the contrary, a performance contract entered into pursuant to this chapter does not create a debt for the purposes of Section 3 of Article 9 of the Nevada Constitution.

      2.  Except as otherwise provided in this section, the term of a performance contract may extend beyond the biennium in which the contract is executed, provided that the performance contract contains a provision which states that all obligations of the State under the performance contract are extinguished at the end of any fiscal year if the Legislature fails to provide an appropriation to the using agency for the ensuing fiscal year for payments to be made under the performance contract. If the Legislature fails to appropriate money to a using agency for a performance contract, there is no remedy against the State, except that if a security interest in any property was created pursuant to the performance contract, the holder of such a security interest may enforce the security interest against that property. Except as otherwise provided in NRS 333A.0916, the term of a performance contract must not exceed [15] 20 years after the date on which the work required by the performance contract is completed.

      3.  The length of a performance contract may reflect the useful life of the operating cost-savings measure being installed or purchased under the performance contract.

      Sec. 2. NRS 383.021 is hereby amended to read as follows:

      383.021  1.  The Office of Historic Preservation is hereby created.

      2.  The Office shall:

      (a) Encourage, plan and coordinate historic preservation and archeological activities within the State, including programs to survey, record, study and preserve or salvage cultural resources.

      (b) Compile and maintain an inventory of cultural resources in Nevada deemed significant by the Administrator.

      (c) Designate repositories for the materials that comprise the inventory.

      (d) Provide staff assistance to the Commission.

      (e) Assist the State Public Works Division of the Department of Administration in conducting the evaluation required by section 1 of this act with respect to a building that is at least 50 years old, including, without limitation, making a recommendation regarding the use of an alternative to window replacement based upon whether the use of the alternative is consistent with the goal of historic preservation.

      3.  The Comstock Historic District Commission is within the Office.

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

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ê2017 Statutes of Nevada, Page 1437ê

 

CHAPTER 274, AB 163

Assembly Bill No. 163–Assemblyman Flores

 

CHAPTER 274

 

[Approved: June 1, 2017]

 

AN ACT relating to financial services; requiring a person who is licensed to operate certain loan services to verify a customer’s ability to repay the loan before making certain short-term loans to the customer; requiring a person who makes a deferred deposit loan to offer an extended payment plan under certain circumstances; providing that certain contracts for the lease of an animal are subject to certain requirements imposed on high-interest loans; revising provisions governing defaults, lengths of term and grace periods relating to certain short-term loans; requiring certain notices to be posted by a person who is licensed to operate certain loan services; revising the requirements for making a title loan; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes standards and procedures governing the making of certain short-term loans, commonly referred to as “payday loans,” “high-interest loans” and “title loans.” (Chapter 604A of NRS) Section 1.3 of this bill: (1) prohibits a person from making such a loan unless the person has determined that the customer has the ability to repay the loan; and (2) establishes the factors that the person making the loan must consider when determining whether a customer has the ability to repay the loan. Section 1.3 also requires that the loan comply with the statutory requirements applicable to the type of loan involved. Section 1.7 of this bill requires a person who makes a deferred deposit loan to offer an extended payment plan to the customer under certain circumstances.

      Section 3.5 of this bill includes in the definition of “high-interest loan” a contract for the lease of an animal for a purpose other than a business, commercial or agricultural purpose which charges an annual percentage rate of more than 40 percent. Thus, under section 3.5, such lease contracts would be subject to the requirements of existing law for high-interest loans.

      Existing law allows for a person making a payday loan, high-interest loan or title loan to offer the customer a grace period concerning repayment of the loan. (NRS 604A.210) Section 3 of this bill distinguishes a grace period from an extension of a loan that complies with certain statutory requirements. Section 4 of this bill prohibits a person making the loan from granting a grace period for the purpose of artificially increasing the amount a customer qualifies to borrow, or, with certain exceptions, from conditioning the grace period on the customer’s agreement to a new loan or a modification of the terms of the existing loan or the charging of interest at a rate in excess of that provided by the existing loan agreement.

      Existing law requires a person making a payday loan, high-interest loan or title loan to post certain notices in a conspicuous place in every location at which the person conducts business. (NRS 604A.405) Section 5 of this bill provides that the person must post a notice of the existing requirement that the person must offer a repayment plan to a customer who defaults on a loan before the person commences specified collection actions. Section 5 also provides that the person must post a notice that states the process for customers to file a complaint with the Office of the Commissioner of Financial Institutions.

      Existing law sets forth certain restrictions on the actions of a person licensed to operate certain loan services. (NRS 604A.440) Section 6 of this bill adds to those restrictions a limitation on the reinitiation of electronic debit transactions.

 


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ê2017 Statutes of Nevada, Page 1438 (Chapter 274, AB 163)ê

 

      Existing law provides restrictions on the making of title loans. (NRS 604A.450) Section 7 of this bill adds to those restrictions by specifying that the customer must legally own the vehicle which secures the loan and that the person making the loan cannot consider the income, except for the customer’s community property, of anyone who is not a legal owner of the vehicle who enters into a loan agreement with the licensee when determining whether the customer has the ability to repay the loan.

      Section 8 of this bill makes conforming changes.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 604A of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.7 of this act.

      Sec. 1.3. 1.  A licensee shall not make a loan pursuant to this chapter unless the licensee determines pursuant to subsection 2 that the customer has the ability to repay the loan and that the loan complies with the provisions of NRS 604A.425, 604A.450 or subsection 2 of NRS 604A.480, as applicable.

      2.  For the purposes of subsection 1, a customer has the ability to repay a loan if the customer has a reasonable ability to repay the loan, as determined by the licensee after considering, to the extent available, the following underwriting factors:

      (a) The current or reasonably expected income of the customer;

      (b) The current employment status of the customer based on evidence including, without limitation, a pay stub or bank deposit;

      (c) The credit history of the customer;

      (d) The amount due under the original term of the loan, the monthly payment on the loan, if the loan is an installment loan, or the potential repayment plan if the customer defaults on the loan; and

      (e) Other evidence, including, without limitation, bank statements, electronic bank statements and written representations to the licensee.

      3.  For the purposes of subsection 1, a licensee shall not consider the ability of any person other than the customer to repay the loan.

      Sec. 1.7. 1.  A licensee shall allow a customer with an outstanding deferred deposit loan to enter into an extended payment plan if the customer:

      (a) Has not entered into an extended payment plan for the deferred deposit loan during the immediately preceding 12-month period; and

      (b) Requests an extended repayment plan before the time the deferred deposit loan is due.

      2.  An extended payment plan entered into pursuant to subsection 1 must:

      (a) Be in writing and be signed by the licensee and customer; and

      (b) Provide a payment schedule of at least four payments over a period of at least 60 days.

      3.  An extended payment plan entered into pursuant to subsection 1 must not:

      (a) Increase or decrease the amount owed under the deferred deposit loan.

      (b) Include any interest or fees in addition to those charged under the terms of the deferred deposit loan.

 


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ê2017 Statutes of Nevada, Page 1439 (Chapter 274, AB 163)ê

 

      4.  If a customer defaults under an extended payment plan entered into pursuant to this section, the licensee may terminate the extended payment plan and accelerate the requirement to pay the amount owed.

      Sec. 2. NRS 604A.045 is hereby amended to read as follows:

      604A.045  1.  “Default” means the failure of a customer to:

      (a) Make a scheduled payment on a loan on or before the due date for the payment under the terms of a lawful loan agreement that complies with the provisions of NRS 604A.408, 604A.445 or subsection 2 of NRS 604A.480, as applicable, and any grace period that complies with the provisions of NRS 604A.210 ; [or under the terms of any lawful extension or repayment plan relating to the loan. and any grace period that complies with the provisions of NRS 604A.210;] or

      (b) Pay a loan in full on or before [:

             (1)The] the expiration of the [initial] loan period as set forth in a lawful loan agreement that complies with the provisions of NRS 604A.408, 604A.445 or subsection 2 of NRS 604A.480, as applicable, and any grace period that complies with the provisions of NRS 604A.210 . [; or

             (2)The due date of any lawful extension or repayment plan relating to the loan and any grace period that complies with the provisions of NRS 604A.210, provided that the due date of the extension or repayment plan does not violate the provisions of this chapter.]

      2.  A default occurs on the day immediately following the date of the customer’s failure to perform as described in subsection 1.

      Sec. 3. NRS 604A.070 is hereby amended to read as follows:

      604A.070  1.  “Grace period” means any period of deferment offered gratuitously by a licensee to a customer if the licensee complies with the provisions of NRS 604A.210.

      2.  The term does not include an extension of a loan that complies with the provisions of NRS 604A.408, 604A.445 or subsection 2 of NRS 604A.480, as applicable.

      Sec. 3.5. NRS 604A.0703 is hereby amended to read as follows:

      604A.0703  1.  “High-interest loan” means a loan made to a customer pursuant to a loan agreement which, under its original terms, charges an annual percentage rate of more than 40 percent.

      2.  The term includes, without limitation, any single-payment loan, installment loan , [or] open-ended loan or contract for the lease of an animal for a purpose other than a business, commercial or agricultural purpose which, under [its] the original terms [,] of the loan or contract, charges an annual percentage rate of more than 40 percent.

      3.  The term does not include:

      (a) A deferred deposit loan;

      (b) A refund anticipation loan; or

      (c) A title loan.

      Sec. 4. NRS 604A.210 is hereby amended to read as follows:

      604A.210  1.  The provisions of this chapter do not prohibit a licensee from offering a customer a grace period on the repayment of a loan or an extension of a loan, except that the licensee shall not [charge the customer:

      1.  Any fees for granting such a grace period; or

      2.  Any additional fees or additional interest on the outstanding loan during such a grace period.] grant a grace period for the purpose of artificially increasing the amount which a customer would otherwise qualify to borrow.

 


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      2.  Except in compliance with the provisions of NRS 604A.408, 604A.445 or subsection 2 of NRS 604A.480, where they apply, a licensee shall not:

      (a) Condition the granting of the grace period on the customer making any new loan agreement or adding any addendum or term to an existing loan agreement; or

      (b) Charge the customer interest at a rate in excess of that described in the existing loan agreement.

      Sec. 5. NRS 604A.405 is hereby amended to read as follows:

      604A.405  1.  A licensee shall post in a conspicuous place in every location at which the licensee conducts business under his or her license:

      (a) A notice that states the fees the licensee charges for providing check-cashing services, deferred deposit loan services, high-interest loan services or title loan services.

      (b) A notice that states that if the customer defaults on a loan, the licensee must offer a repayment plan to the customer before the licensee commences any civil action or process of alternative dispute resolution or repossesses a vehicle.

      (c) A notice that states a toll-free telephone number to the Office of the Commissioner to handle concerns or complaints of customers.

      (d) A notice that states the process for filing a complaint with the Commissioner.

Ê The Commissioner shall adopt regulations prescribing the form and size of the notices required by this subsection.

      2.  If a licensee offers loans to customers at a kiosk, through the Internet, through any telephone, facsimile machine or other telecommunication device or through any other machine, network, system, device or means, except for an automated loan machine prohibited by NRS 604A.400, the licensee shall, as appropriate to the location or method for making the loan, post in a conspicuous place where customers will see it before they enter into a loan, or disclose in an open and obvious manner to customers before they enter into a loan, a notice that states:

      (a) The types of loans the licensee offers and the fees he or she charges for making each type of loan; and

      (b) A list of the states where the licensee is licensed or authorized to conduct business from outside this State with customers located in this State.

      3.  A licensee who provides check-cashing services shall give written notice to each customer of the fees he or she charges for cashing checks. The customer must sign the notice before the licensee provides the check-cashing service.

      Sec. 5.5. NRS 604A.408 is hereby amended to read as follows:

      604A.408  1.  Except as otherwise provided in this chapter, the original term of a deferred deposit loan or high-interest loan must not exceed 35 days.

      2.  The original term of a high-interest loan may be up to 90 days if:

      (a) The loan provides for payments in installments;

      (b) The payments are calculated to ratably and fully amortize the entire amount of principal and interest payable on the loan;

      (c) The loan is not subject to any extension; [and]

      (d) The loan does not require a balloon payment of any kind [.] ; and

      (e) The loan is not a deferred deposit loan.

      3.  Notwithstanding the provisions of NRS 604A.480, a licensee shall not agree to establish or extend the period for the repayment, renewal, refinancing or consolidation of an outstanding deferred deposit loan or high-interest loan for a period that exceeds 90 days after the date of origination of the loan.

 


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ê2017 Statutes of Nevada, Page 1441 (Chapter 274, AB 163)ê

 

refinancing or consolidation of an outstanding deferred deposit loan or high-interest loan for a period that exceeds 90 days after the date of origination of the loan.

      Sec. 6. NRS 604A.440 is hereby amended to read as follows:

      604A.440  A licensee shall not:

      1.  Use or threaten to use the criminal process in this State or any other state, or any civil process not available to creditors generally, to collect on a loan made to a customer.

      2.  Commence a civil action or any process of alternative dispute resolution or repossess a vehicle before the customer defaults under the original term of a loan agreement or before the customer defaults under any repayment plan [,] or extension [or grace period] negotiated and agreed to by the licensee and customer, unless otherwise authorized pursuant to this chapter.

      3.  Take any confession of judgment or any power of attorney running to the licensee or to any third person to confess judgment or to appear for the customer in a judicial proceeding.

      4.  Include in any written agreement:

      (a) A promise by the customer to hold the licensee harmless;

      (b) A confession of judgment by the customer;

      (c) An assignment or order for the payment of wages or other compensation due the customer; or

      (d) A waiver of any claim or defense arising out of the loan agreement or a waiver of any provision of this chapter. The provisions of this paragraph do not apply to the extent preempted by federal law.

      5.  Engage in any deceptive trade practice, as defined in chapter 598 of NRS, including, without limitation, making a false representation.

      6.  Advertise or permit to be advertised in any manner any false, misleading or deceptive statement or representation with regard to the rates, terms or conditions for loans.

      7.  Reinitiate an electronic debit transaction that has been returned by a customer’s bank except in accordance with the rules prescribed by the National Automated Clearing House Association or its successor organization.

      8.  Use or attempt to use any agent, affiliate or subsidiary to avoid the requirements or prohibitions of this chapter.

      Sec. 6.5. NRS 604A.445 is hereby amended to read as follows:

      604A.445  Notwithstanding any other provision of this chapter to the contrary:

      1.  The original term of a title loan must not exceed 30 days.

      2.  The title loan may be extended for not more than six additional periods of extension, with each such period not to exceed 30 days, if:

      (a) Any interest or charges accrued during the original term of the title loan or any period of extension of the title loan are not capitalized or added to the principal amount of the title loan during any subsequent period of extension;

      (b) The annual percentage rate charged on the title loan during any period of extension is not more than the annual percentage rate charged on the title loan during the original term; and

      (c) No additional origination fees, set-up fees, collection fees, transaction fees, negotiation fees, handling fees, processing fees, late fees, default fees or any other fees, regardless of the name given to the fees, are charged in connection with any extension of the title loan.

 


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any other fees, regardless of the name given to the fees, are charged in connection with any extension of the title loan.

      3.  The original term of a title loan may be up to 210 days if:

      (a) The loan provides for payments in installments;

      (b) The payments are calculated to ratably and fully amortize the entire amount of principal and interest payable on the loan;

      (c) The loan is not subject to any extension; [and]

      (d) The loan does not require a balloon payment of any kind [.] ; and

      (e) The loan is not a deferred deposit loan.

      Sec. 7. NRS 604A.450 is hereby amended to read as follows:

      604A.450  A licensee who makes title loans shall not:

      1.  Make a title loan that exceeds the fair market value of the vehicle securing the title loan.

      2.  Make a title loan to a customer secured by a vehicle which is not legally owned by the customer.

      3.  Make a title loan without [regard to the ability of the customer seeking the title loan to repay the title loan, including the customer’s current and expected income, obligations and employment.

      3.] determining that the customer has the ability to repay the title loan, as required by section 1.3 of this act. In complying with this subsection, the licensee shall not consider the income of any person who is not a legal owner of the vehicle securing the title loan but may consider a customer’s community property and the income of any other customers who consent to the loan pursuant to subsection 5 and enter into a loan agreement with the licensee.

      4.  Make a title loan without requiring the customer to sign an affidavit which states that:

      (a) The customer has provided the licensee with true and correct information concerning the customer’s income, obligations, employment and ownership of the vehicle; and

      (b) The customer has the ability to repay the title loan.

      5.  Make a title loan secured by a vehicle with multiple legal owners without the consent of each owner.

      Sec. 8. NRS 604A.930 is hereby amended to read as follows:

      604A.930  1.  Subject to the affirmative defense set forth in subsection 3, in addition to any other remedy or penalty, if a person violates any provision of NRS 604A.400, 604A.410 to 604A.500, inclusive, and sections 1.3 and 1.7 of this act, 604A.610, 604A.615, 604A.650 or 604A.655 or any regulation adopted pursuant thereto, the customer may bring a civil action against the person for:

      (a) Actual and consequential damages;

      (b) Punitive damages, which are subject to the provisions of NRS 42.005;

      (c) Reasonable attorney’s fees and costs; and

      (d) Any other legal or equitable relief that the court deems appropriate.

      2.  Subject to the affirmative defense set forth in subsection 3, in addition to any other remedy or penalty, the customer may bring a civil action against a person pursuant to subsection 1 to recover an additional amount, as statutory damages, which is equal to $1,000 for each violation if the person knowingly:

 


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ê2017 Statutes of Nevada, Page 1443 (Chapter 274, AB 163)ê

 

      (a) Operates a check-cashing service, deferred deposit loan service, high-interest loan service or title loan service without a license, in violation of NRS 604A.400;

      (b) Fails to include in a loan agreement a disclosure of the right of the customer to rescind the loan, in violation of NRS 604A.410;

      (c) Violates any provision of NRS 604A.420;

      (d) Accepts collateral or security for a deferred deposit loan, in violation of NRS 604A.435, except that a check or written authorization for an electronic transfer of money shall not be deemed to be collateral or security for a deferred deposit loan;

      (e) Uses or threatens to use the criminal process in this State or any other state to collect on a loan made to the customer, in violation of NRS 604A.440;

      (f) Includes in any written agreement a promise by the customer to hold the person harmless, a confession of judgment by the customer or an assignment or order for the payment of wages or other compensation due the customer, in violation of NRS 604A.440;

      (g) Violates any provision of NRS 604A.485;

      (h) Violates any provision of NRS 604A.490; or

      (i) Violates any provision of NRS 604A.442.

      3.  A person may not be held liable in any civil action brought pursuant to this section if the person proves, by a preponderance of evidence, that the violation:

      (a) Was not intentional;

      (b) Was technical in nature; and

      (c) Resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.

      4.  For the purposes of subsection 3, a bona fide error includes, without limitation, clerical errors, calculation errors, computer malfunction and programming errors and printing errors, except that an error of legal judgment with respect to the person’s obligations under this chapter is not a bona fide error.

      Sec. 9.  1.  Any contract or agreement that is entered into pursuant to chapter 604A of NRS before July 1, 2017 and that does not comply with sections 1, 1.3, 2, 3, 4, 5.5 to 6.5, inclusive, and 8 of this act remains in effect in accordance with the provisions of the contract or agreement.

      2.  Any contract or agreement that is entered into pursuant to chapter 604A of NRS before October 1, 2017, and that does not comply with sections 1.7, 3.5, 5 and 7 of this act remains in effect in accordance with the provisions of the contract or agreement.

      Sec. 10.  1.  This section and sections 1, 1.3, 2, 3, 4, 5.5, 6, 6.5, 8 and 9 of this act become effective on July 1, 2017.

      2.  Sections 1.7, 3.5, 5 and 7 of this act become effective on October 1, 2017.

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CHAPTER 275, AB 179

Assembly Bill No. 179–Assemblywoman Carlton

 

CHAPTER 275

 

[Approved: June 1, 2017]

 

AN ACT relating to massage therapy; changing the name of the Board of Massage Therapists to the Board of Massage Therapy; authorizing the Board to issue a license and a temporary license to practice reflexology and structural integration; requiring the Board to adopt regulations concerning the certification of a massage, reflexology and structural integration establishment; authorizing a local government to license and regulate a massage, reflexology and structural integration establishment; requiring that the Board consist of nine members; requiring the Board to adopt certain additional regulations; providing that a license is valid for 2 years; increasing the fee amount for the renewal of a license; creating a fee for the issuance and renewal of the certification of a massage, reflexology and structural integration establishment; authorizing the Board to establish different fee amounts for different types of licenses; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the Board of Massage Therapists to issue a license to practice massage therapy and provides the requirements that an applicant for a license must satisfy in order to become licensed. (NRS 640C.400) Section 7 of this bill authorizes the Board to issue a license to practice reflexology. Section 9 of this bill authorizes the Board to issue a license to practice structural integration. Section 20 of this bill makes conforming changes to existing law regarding the issuance of a license to practice massage therapy.

      Existing law authorizes the Board to issue a temporary license to practice massage therapy and provides the requirements that an applicant for a temporary license must satisfy in order to become licensed. (NRS 640C.410) Section 8 of this bill authorizes the Board to issue a temporary license to practice reflexology. Section 10 of this bill authorizes the Board to issue a temporary license to practice structural integration.

      Section 11 of this bill requires the Board to adopt regulations that prescribe the requirements for the certification and operation of a massage, reflexology and structural integration establishment. Section 11 additionally authorizes a local government to license and regulate a massage, reflexology and structural integration establishment in a manner that is more stringent than the regulations adopted by the Board. Section 11 further requires that the Board and local governments have concurrent jurisdiction over the licensure and regulation of massage, reflexology and structural integration establishments and provides that if there is a conflict between a regulation of the Board and a requirement of a local government, the requirement of a local government prevails to the extent that the requirement provides a more stringent or specific requirement regarding the regulation of a massage, reflexology and structural integration establishment. Section 16 of this bill makes conforming changes.

      Existing law creates the Board of Massage Therapists, consisting of seven members. (NRS 640C.150) Sections 14 and 17 of this bill change the name of the Board to the Board of Massage Therapy. Sections 40-43 of this bill make conforming changes.

 


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      Section 17 of this bill changes the composition of the Board so that it consists of nine members and requires that one member be licensed to practice reflexology in this State and that one member be licensed to practice structural integration in this State.

      Existing law requires the Board to adopt regulations to carry out the provisions relating to massage therapy. (NRS 640C.320) Section 19 of this bill requires the Board to adopt additional regulations that: (1) establish the standards for licensure as a massage therapist, reflexologist or structural integration practitioner; and (2) establish the standards and curriculum for schools of massage therapy, reflexology and structural integration.

      Existing law specifies that each license is valid for 1 year and expires on the last day of the month in which it was issued. (NRS 640C.500) Section 26 of this bill provides that each license is valid for 2 years.

      Existing law requires the Board to establish a schedule of fees and charges and requires that the fee for the renewal of a license does not exceed $200. (NRS 640C.520) Section 28 of this bill increases this limit to $350. Section 28 additionally creates a $50 limit on the fees for the issuance and renewal of a certification of a massage, reflexology and structural integration establishment. Section 28 further authorizes the Board to adopt regulations that establish different fees for different types of licenses.

      Existing law requires the Board to impose an administrative fine if a licensee has engaged in or solicited sexual activity during the course of practicing massage. (NRS 640C.712) Section 30 of this bill instead authorizes the Board to impose such an administrative fine.

      Existing law authorizes the Board to issue a license by endorsement to practice massage therapy to an applicant who holds a valid and unrestricted license to practice massage therapy in the District of Columbia or any state or territory of the United States. (NRS 640C.425) Existing law additionally requires the Board of Massage Therapists and the State Board of Cosmetology to reduce duplication in the licensing procedure for a qualified applicant who is applying to both Boards for a license to practice as a massage therapist and as a cosmetologist. (NRS 640C.440, 644.191) Section 47 of this bill repeals these provisions. Sections 20 and 20.5 of this bill make conforming changes.

      Sections 1, 12, 18, 21-23, 25, 27, 29, 31-36, 38 and 39 of this bill make conforming changes relating to reflexology and structural integration.

 

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 629.580 is hereby amended to read as follows:

      629.580  1.  A person who provides wellness services in accordance with this section, but who is not licensed, certified or registered in this State as a provider of health care, is not in violation of any law based on the unlicensed practice of health care services or a health care profession unless the person:

      (a) Performs surgery or any other procedure which punctures the skin of any person;

      (b) Sets a fracture of any bone of any person;

      (c) Prescribes or administers X-ray radiation to any person;

      (d) Prescribes or administers a prescription drug or device or a controlled substance to any person;

      (e) Recommends to a client that he or she discontinue or in any manner alter current medical treatment prescribed by a provider of health care licensed, certified or registered in this State;

 


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      (f) Makes a diagnosis of a medical disease of any person;

      (g) Performs a manipulation or a chiropractic adjustment of the articulations of joints or the spine of any person;

      (h) Treats a person’s health condition in a manner that intentionally or recklessly causes that person recognizable and imminent risk of serious or permanent physical or mental harm;

      (i) Holds out, states, indicates, advertises or implies to any person that he or she is a provider of health care;

      (j) Engages in the practice of medicine in violation of chapter 630 or 633 of NRS, the practice of homeopathic medicine in violation of chapter 630A of NRS or the practice of podiatry in violation of chapter 635 of NRS, unless otherwise expressly authorized by this section;

      (k) Performs massage therapy as that term is defined in NRS 640C.060 [;] , reflexology as that term is defined in section 4 of this act or structural integration as that term is defined in section 5 of this act; or

      (l) Provides mental health services that are exclusive to the scope of practice of a psychiatrist licensed pursuant to chapter 630 or 633 of NRS, or a psychologist licensed pursuant to chapter 641 of NRS.

      2.  Any person providing wellness services in this State who is not licensed, certified or registered in this State as a provider of health care and who is advertising or charging a fee for wellness services shall, before providing those services, disclose to each client in a plainly worded written statement:

      (a) The person’s name, business address and telephone number;

      (b) The fact that he or she is not licensed, certified or registered as a provider of health care in this State;

      (c) The nature of the wellness services to be provided;

      (d) The degrees, training, experience, credentials and other qualifications of the person regarding the wellness services to be provided; and

      (e) A statement in substantially the following form:

 

       It is recommended that before beginning any wellness plan, you notify your primary care physician or other licensed providers of health care of your intention to use wellness services, the nature of the wellness services to be provided and any wellness plan that may be utilized. It is also recommended that you ask your primary care physician or other licensed providers of health care about any potential drug interactions, side effects, risks or conflicts between any medications or treatments prescribed by your primary care physician or other licensed providers of health care and the wellness services you intend to receive.

 

Ê A person who provides wellness services shall obtain from each client a signed copy of the statement required by this subsection, provide the client with a copy of the signed statement at the time of service and retain a copy of the signed statement for a period of not less than 5 years.

      3.  A written copy of the statement required by subsection 2 must be posted in a prominent place in the treatment location of the person providing wellness services in at least 12-point font. Reasonable accommodations must be made for clients who:

      (a) Are unable to read;

      (b) Are blind or visually impaired;

 


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      (c) Have communication impairments; or

      (d) Do not read or speak English or any other language in which the statement is written.

      4.  Any advertisement for wellness services authorized pursuant to this section must disclose that the provider of those services is not licensed, certified or registered as a provider of health care in this State.

      5.  A person who violates any provision of this section is guilty of a misdemeanor. Before a criminal proceeding is commenced against a person for a violation of a provision of this section, a notification, educational or mediative approach must be utilized by the regulatory body enforcing the provisions of this section to bring the person into compliance with such provisions.

      6.  This section does not apply to or control:

      (a) Any health care practice by a provider of health care pursuant to the professional practice laws of this State, or prevent such a health care practice from being performed.

      (b) Any health care practice if the practice is exempt from the professional practice laws of this State, or prevent such a health care practice from being performed.

      (c) A person who provides health care services if the person is exempt from the professional practice laws of this State, or prevent the person from performing such a health care service.

      (d) A medical assistant, as that term is defined in NRS 630.0129 and 633.075, an advanced practitioner of homeopathy, as that term is defined in NRS 630A.015, or a homeopathic assistant, as that term is defined in NRS 630A.035.

      7.  As used in this section, “wellness services” means healing arts therapies and practices, and the provision of products, that are based on the following complementary health treatment approaches and which are not otherwise prohibited by subsection 1:

      (a) Anthroposophy.

      (b) Aromatherapy.

      (c) Traditional cultural healing practices.

      (d) Detoxification practices and therapies.

      (e) Energetic healing.

      (f) Folk practices.

      (g) Gerson therapy and colostrum therapy.

      (h) Healing practices using food, dietary supplements, nutrients and the physical forces of heat, cold, water and light.

      (i) Herbology and herbalism.

      (j) [Reflexology and] Reiki.

      (k) Mind-body healing practices.

      (l) Nondiagnostic iridology.

      (m) Noninvasive instrumentalities.

      (n) Holistic kinesiology.

      Sec. 2. Chapter 640C of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 11, inclusive, of this act.

      Sec. 3. “Reflexologist” means a person who is licensed pursuant to the provisions of this chapter to engage in the practice of reflexology.

      Sec. 4. “Reflexology” means the application of a system of pressure to the feet, ears and hands of the human body.

 


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      Sec. 5. 1.  “Structural integration” means the application of a system of manual therapy, movement education and embodiment education that is intended to improve the functional relationship of the parts of the human body to each other within the influences of gravity.

      2.  The term does not include:

      (a) The practice of physical therapy, as defined in NRS 640.024; or

      (b) The practice of chiropractic, as defined in NRS 634.013, including, without limitation, chiropractic adjustment or manipulation, as defined in NRS 634.014 and 634.0173, respectively.

      Sec. 6. “Structural integration practitioner” means a person who is licensed pursuant to the provisions of this chapter to engage in the practice of structural integration.

      Sec. 7. 1.  The Board may issue a license to practice reflexology.

      2.  An applicant for a license must:

      (a) Be at least 18 years of age;

      (b) Except as otherwise provided in NRS 640C.426, submit to the Board:

             (1) A completed application on a form prescribed by the Board;

             (2) The fees prescribed by the Board pursuant to NRS 640C.520;

             (3) Proof that the applicant has successfully completed a program of reflexology recognized by the Board;

             (4) A certified statement issued by the licensing authority in each state, territory or possession of the United States or the District of Columbia in which the applicant is or has been licensed to practice reflexology verifying that:

                   (I) The applicant has not been involved in any disciplinary action relating to his or her license to practice reflexology; and

                   (II) Disciplinary proceedings relating to his or her license to practice reflexology are not pending;

             (5) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

             (6) A statement authorizing the Board or its designee to conduct an investigation to determine the accuracy of any statements set forth in the application; and

      (c) In addition to any examination required pursuant to NRS 640C.320 and except as otherwise provided in NRS 640C.426, pass a nationally recognized examination for testing the education and professional competency of reflexologists that is approved by the Board.

      3.  The Board:

      (a) Shall recognize a program of reflexology that is:

             (1) Approved by the Commission on Postsecondary Education; or

             (2) Offered by a public college in this State or any other state; and

      (b) May recognize other programs of reflexology.

      4.  Except as otherwise provided in NRS 640C.426, the Board or its designee shall:

      (a) Conduct an investigation to determine:

             (1) The reputation and character of the applicant;

             (2) The existence and contents of any record of arrests or convictions of the applicant;

 


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             (3) The existence and nature of any pending litigation involving the applicant that would affect his or her suitability for licensure; and

             (4) The accuracy and completeness of any information submitted to the Board by the applicant.

      (b) Report the results of the investigation of the applicant within the period the Board establishes by regulation pursuant to NRS 640C.320.

      (c) Except as otherwise provided in NRS 239.0115, maintain the results of the investigation in a confidential manner for use by the Board and its members and employees in carrying out their duties pursuant to this chapter. The provisions of this paragraph do not prohibit the Board or its members or employees from communicating or cooperating with or providing any documents or other information to any other licensing board or any other federal, state or local agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 8. 1.  The Board may issue a temporary license to practice reflexology.

      2.  An applicant for a temporary license issued pursuant to this section must:

      (a) Be at least 18 years of age; and

      (b) Submit to the Board:

             (1) A completed application on a form prescribed by the Board;

             (2) The fees prescribed by the Board pursuant to NRS 640C.520;

             (3) Proof that the applicant has successfully completed a program of reflexology recognized by the Board pursuant to section 7 of this act;

             (4) Proof that the applicant:

                   (I) Has taken the examination required pursuant to section 7 of this act; or

                   (II) Is scheduled to take such an examination within 90 days after the date of application;

             (5) An affidavit indicating that the applicant has not committed any of the offenses for which the Board may refuse to issue a license pursuant to NRS 640C.700;

             (6) A certified statement issued by the licensing authority in each state, territory or possession of the United States or the District of Columbia in which the applicant is or has been licensed to practice reflexology verifying that:

                   (I) The applicant has not been involved in any disciplinary action relating to his or her license to practice reflexology; and

                   (II) Disciplinary proceedings relating to his or her license to practice reflexology are not pending; and

             (7) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      3.  A temporary license issued pursuant to this section expires 90 days after the date the Board issues the temporary license. The Board shall not renew the temporary license.

      4.  A person who holds a temporary license:

      (a) May practice reflexology only under the supervision of a fully licensed reflexologist and only in accordance with the provisions of this chapter and the regulations of the Board;

 


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      (b) Must comply with any other conditions, limitations and requirements imposed on the temporary license by the Board;

      (c) Is subject to the regulatory and disciplinary authority of the Board to the same extent as a fully licensed reflexologist; and

      (d) Remains subject to the regulatory and disciplinary authority of the Board after the expiration of the temporary license for all acts relating to the practice of reflexology which occurred during the period of temporary licensure.

      5.  As used in this section, “fully licensed reflexologist” means a person who holds a license to practice reflexology issued pursuant to NRS 640C.420 or section 7 of this act.

      Sec. 9. 1.  The Board may issue a license to practice structural integration.

      2.  An applicant for a license must:

      (a) Be at least 18 years of age;

      (b) Except as otherwise provided in NRS 640C.426, submit to the Board:

             (1) A completed application on a form prescribed by the Board;

             (2) The fees prescribed by the Board pursuant to NRS 640C.520;

             (3) Proof that the applicant has successfully completed a program of structural integration recognized by the Board;

             (4) A certified statement issued by the licensing authority in each state, territory or possession of the United States or the District of Columbia in which the applicant is or has been licensed to practice structural integration verifying that:

                   (I) The applicant has not been involved in any disciplinary action relating to his or her license to practice structural integration; and

                   (II) Disciplinary proceedings relating to his or her license to practice structural integration are not pending;

             (5) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

             (6) A statement authorizing the Board or its designee to conduct an investigation to determine the accuracy of any statements set forth in the application; and

      (c) In addition to any examination required pursuant to NRS 640C.320 and except as otherwise provided in NRS 640C.426, pass a nationally recognized examination for testing the education and professional competency of structural integration practitioners that is approved by the Board.

      3.  The Board:

      (a) Shall recognize a program of structural integration that is:

             (1) Approved by the Commission on Postsecondary Education; or

             (2) Offered by a public college in this State or any other state; and

      (b) May recognize other programs of structural integration.

      4.  Except as otherwise provided in NRS 640C.426, the Board or its designee shall:

      (a) Conduct an investigation to determine:

             (1) The reputation and character of the applicant;

             (2) The existence and contents of any record of arrests or convictions of the applicant;

 


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             (3) The existence and nature of any pending litigation involving the applicant that would affect his or her suitability for licensure; and

             (4) The accuracy and completeness of any information submitted to the Board by the applicant.

      (b) Report the results of the investigation of the applicant within the period the Board establishes by regulation pursuant to NRS 640C.320.

      (c) Except as otherwise provided in NRS 239.0115, maintain the results of the investigation in a confidential manner for use by the Board and its members and employees in carrying out their duties pursuant to this chapter. The provisions of this paragraph do not prohibit the Board or its members or employees from communicating or cooperating with or providing any documents or other information to any other licensing board or any other federal, state or local agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 10. 1.  The Board may issue a temporary license to practice structural integration.

      2.  An applicant for a temporary license issued pursuant to this section must:

      (a) Be at least 18 years of age; and

      (b) Submit to the Board:

             (1) A completed application on a form prescribed by the Board;

             (2) The fees prescribed by the Board pursuant to NRS 640C.520;

             (3) Proof that the applicant has successfully completed a program of structural integration recognized by the Board pursuant to section 9 of this act;

             (4) Proof that the applicant:

                   (I) Has taken the examination required pursuant to section 9 of this act; or

                   (II) Is scheduled to take such an examination within 90 days after the date of application;

             (5) An affidavit indicating that the applicant has not committed any of the offenses for which the Board may refuse to issue a license pursuant to NRS 640C.700;

             (6) A certified statement issued by the licensing authority in each state, territory or possession of the United States or the District of Columbia in which the applicant is or has been licensed to practice structural integration verifying that:

                   (I) The applicant has not been involved in any disciplinary action relating to his or her license to practice structural integration; and

                   (II) Disciplinary proceedings relating to his or her license to practice structural integration are not pending; and

             (7) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      3.  A temporary license issued pursuant to this section expires 90 days after the date the Board issues the temporary license. The Board shall not renew the temporary license.

      4.  A person who holds a temporary license:

      (a) May practice structural integration only under the supervision of a fully licensed structural integration practitioner and only in accordance with the provisions of this chapter and the regulations of the Board;

 


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      (b) Must comply with any other conditions, limitations and requirements imposed on the temporary license by the Board;

      (c) Is subject to the regulatory and disciplinary authority of the Board to the same extent as a fully licensed structural integration practitioner; and

      (d) Remains subject to the regulatory and disciplinary authority of the Board after the expiration of the temporary license for all acts relating to the practice of structural integration which occurred during the period of temporary licensure.

      5.  As used in this section, “fully licensed structural integration practitioner” means a person who holds a license to practice structural integration issued pursuant to NRS 640C.420 or section 9 of this act.

      Sec. 11. 1.  The Board shall adopt regulations that prescribe the requirements for the certification and operation of a massage, reflexology and structural integration establishment, including, without limitation, the:

      (a) Requirements for a massage, reflexology and structural integration establishment to obtain a certificate;

      (b) Standards with which a massage, reflexology and structural integration establishment must comply; and

      (c) Establishment of fees pursuant to NRS 640C.520 for the issuance and renewal of a certification of a massage, reflexology and structural integration establishment.

      2.  The provisions of this section and any regulations adopted pursuant thereto do not prohibit a local government from licensing and regulating a massage, reflexology and structural integration establishment, including, without limitation, in a manner that is more stringent than the regulations adopted by the Board pursuant to this section.

      3.  Local governments have concurrent jurisdiction with the Board over the licensure and regulation of massage, reflexology and structural integration establishments.

      4.  If there is a conflict between a provision of the regulations adopted by the Board pursuant to this section and a requirement of a local government, the requirement of a local government prevails to the extent that the requirement provides a more stringent or specific requirement regarding the regulation of a massage, reflexology and structural integration establishment.

      5.  As used in this section, “massage, reflexology and structural integration establishment” means any premises, mobile unit, building or part of a building where massage therapy, reflexology or structural integration is practiced by a person or persons licensed pursuant to this chapter.

      Sec. 12. NRS 640C.010 is hereby amended to read as follows:

      640C.010  The Legislature finds and declares that:

      1.  The practice of massage therapy , reflexology and structural integration by persons who do not possess sufficient knowledge of anatomy and physiology or an understanding of the relationship between the structure and function of the tissues being treated and the total function of the body may endanger the health, welfare and safety of the residents of this State.

      2.  To protect the residents of this State, it is necessary to license and regulate the practice of massage therapy [.] , reflexology and structural integration.

 


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      Sec. 13. NRS 640C.020 is hereby amended to read as follows:

      640C.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 640C.030 to 640C.070, inclusive, and sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 14. NRS 640C.030 is hereby amended to read as follows:

      640C.030  “Board” means the Board of Massage [Therapists.] Therapy.

      Sec. 15. NRS 640C.060 is hereby amended to read as follows:

      640C.060  1.  “Massage therapy” means the application of a system of pressure to the muscular structure and soft tissues of the human body for therapeutic purposes, including, without limitation:

      (a) Effleurage;

      (b) Petrissage;

      (c) Tapotement;

      (d) Compressions;

      (e) Vibration;

      (f) Friction; and

      (g) Movements applied manually with or without superficial heat, cold, water or lubricants for the purpose of maintaining good health and establishing and maintaining good physical condition.

      2.  The term does not include:

      (a) Diagnosis, adjustment, mobilization or manipulation of any articulations of the body or spine; or

      (b) [Reflexology.] The demonstration of a product on a person that applies a system of pressure to the muscular structure and soft tissues of the human body, provided that the demonstration is not longer than 2 minutes.

      Sec. 16. NRS 640C.100 is hereby amended to read as follows:

      640C.100  1.  The provisions of this chapter do not apply to:

      (a) A person licensed pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 640, 640A or 640B of NRS if the massage therapy , reflexology or structural integration is performed in the course of the practice for which the person is licensed.

      (b) A person licensed as a barber or apprentice pursuant to chapter 643 of NRS if the person is massaging, cleansing or stimulating the scalp, face, neck or skin within the permissible scope of practice for a barber or apprentice pursuant to that chapter.

      (c) A person licensed or registered as an aesthetician, aesthetician’s apprentice, hair designer, hair designer’s apprentice, hair braider, shampoo technologist, cosmetologist or cosmetologist’s apprentice pursuant to chapter 644 of NRS if the person is massaging, cleansing or stimulating the scalp, face, neck or skin within the permissible scope of practice for an aesthetician, aesthetician’s apprentice, hair designer, hair designer’s apprentice, hair braider, shampoo technologist, cosmetologist or cosmetologist’s apprentice pursuant to that chapter.

      (d) A person licensed or registered as a nail technologist or nail technologist’s apprentice pursuant to chapter 644 of NRS if the person is massaging, cleansing or stimulating the hands, forearms, feet or lower legs within the permissible scope of practice for a nail technologist or nail technologist’s apprentice.

 


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      (e) A person who is an employee of an athletic department of any high school, college or university in this State and who, within the scope of that employment, practices massage therapy , reflexology or structural integration on athletes.

      (f) Students enrolled in a school of massage therapy , reflexology or structural integration recognized by the Board.

      (g) A person who practices massage therapy , reflexology or structural integration solely on members of his or her immediate family.

      (h) A person who performs any activity in a licensed brothel.

      2.  Except as otherwise provided in subsection 3 [,] and section 11 of this act, the provisions of this chapter preempt the licensure and regulation of a massage therapist , reflexologist or structural integration practitioner by a county, city or town, including, without limitation, conducting a criminal background investigation and examination of a massage therapist , reflexologist or structural integration practitioner or applicant for a license to practice massage therapy [.] , reflexology or structural integration.

      3.  The provisions of this chapter do not prohibit a county, city or town from requiring a massage therapist , reflexologist or structural integration practitioner to obtain a license or permit to transact business within the jurisdiction of the county, city or town, if the license or permit is required of other persons, regardless of occupation or profession, who transact business within the jurisdiction of the county, city or town.

      4.  As used in this section, “immediate family” means persons who are related by blood, adoption or marriage, within the second degree of consanguinity or affinity.

      Sec. 17. NRS 640C.150 is hereby amended to read as follows:

      640C.150  1.  The Board of Massage [Therapists] Therapy is hereby created. The Board consists of [seven] nine members appointed pursuant to this chapter and one nonvoting advisory member appointed pursuant to NRS 640C.160.

      2.  The Governor shall appoint to the Board [seven] nine members as follows:

      (a) Six members who:

             (1) Are licensed to practice massage therapy in this State; and

             (2) Have engaged in the practice of massage therapy for the 2 years immediately preceding their appointment.

Ê Of the six members appointed pursuant to this paragraph, three members must be residents of Clark County, two members must be residents of Washoe County and one member must be a resident of a county other than Clark County or Washoe County.

      (b) One member who is licensed to practice reflexology in this State.

      (c) One member who is licensed to practice structural integration in this State.

      (d) One member who is a member of the general public. This member must not be:

             (1) A massage therapist [;] , reflexologist or structural integration practitioner; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a massage therapist [.] , reflexologist or structural integration practitioner.

      3.  The members who are appointed to the Board pursuant to [paragraph] paragraphs (a) , (b) and (c) of subsection 2 must continue to practice massage therapy , reflexology or structural integration, as applicable, in this State while they are members of the Board.

 


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practice massage therapy , reflexology or structural integration, as applicable, in this State while they are members of the Board.

      4.  After the initial terms, the term of each member of the Board is 4 years. A member may continue in office until the appointment of a successor.

      5.  A member of the Board may not serve more than two consecutive terms. A former member of the Board is eligible for reappointment to the Board if that person has not served on the Board during the 4 years immediately preceding the reappointment.

      6.  A vacancy must be filled by appointment for the unexpired term in the same manner as the original appointment.

      7.  The Governor may remove any member of the Board for incompetence, neglect of duty, moral turpitude or misfeasance, malfeasance or nonfeasance in office.

      Sec. 18. NRS 640C.300 is hereby amended to read as follows:

      640C.300  The Board shall:

      1.  Adopt a seal of which each court in this State shall take judicial notice;

      2.  Prepare and maintain a record of its proceedings and transactions;

      3.  Review and evaluate applications for the licensing of massage therapists [;] , reflexologists or structural integration practitioners;

      4.  Determine the qualifications and fitness of applicants;

      5.  Issue, renew, reinstate, revoke, suspend and deny licenses, as appropriate;

      6.  Enforce the provisions of this chapter and any regulations adopted pursuant thereto;

      7.  Investigate any complaints filed with the Board;

      8.  Impose any penalties it determines are required to administer the provisions of this chapter; and

      9.  Transact any other business required to carry out its duties.

      Sec. 19. NRS 640C.320 is hereby amended to read as follows:

      640C.320  The Board shall adopt regulations to carry out the provisions of this chapter. The regulations must include, without limitation, provisions that:

      1.  Establish the requirements for continuing education for the renewal of a license;

      2.  Establish the requirements for the approval of a course of continuing education, including, without limitation, a course on a specialty technique of massage therapy [;] , reflexology or structural integration;

      3.  Establish the requirements for the approval of an instructor of a course of continuing education;

      4.  Establish requirements relating to sanitation, hygiene and safety relating to the practice of massage therapy [;] , reflexology and structural integration;

      5.  Except as otherwise provided in NRS 622.090, prescribe the requirements for any practical [, oral] or written examination for a license that the Board may require, including, without limitation, the passing grade for such an examination;

      6.  Establish the period within which the Board or its designee must report the results of the investigation of an applicant; [and]

      7.  Prescribe the form of a written administrative citation issued pursuant to NRS 640C.755 [.] ;

 


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      8.  Establish the standards for the licensure of massage therapists, reflexologists and structural integration practitioners under this chapter; and

      9.  Prescribe the standards and curriculum for schools of massage therapy, reflexology and structural integration in this State.

      Sec. 20. NRS 640C.400 is hereby amended to read as follows:

      640C.400  1.  The Board may issue a license to practice massage therapy.

      2.  An applicant for a license must:

      (a) Be at least 18 years of age;

      (b) Except as otherwise provided in NRS [640C.425 and] 640C.426, submit to the Board:

             (1) A completed application on a form prescribed by the Board;

             (2) The fees prescribed by the Board pursuant to NRS 640C.520;

             (3) Proof that the applicant has successfully completed a program of massage therapy recognized by the Board;

             (4) A certified statement issued by the licensing authority in each state, territory or possession of the United States or the District of Columbia in which the applicant is or has been licensed to practice massage therapy verifying that:

                   (I) The applicant has not been involved in any disciplinary action relating to his or her license to practice massage therapy; and

                   (II) Disciplinary proceedings relating to his or her license to practice massage therapy are not pending;

             (5) [Except as otherwise provided in NRS 640C.440, a] A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

             (6) [The names and addresses of five natural persons not related to the applicant and not business associates of the applicant who are willing to serve as character references;

             (7)] A statement authorizing the Board or its designee to conduct an investigation to determine the accuracy of any statements set forth in the application; and

             [(8) If required by the Board, a financial questionnaire; and]

      (c) In addition to any examination required pursuant to NRS 640C.320 and except as otherwise provided in NRS [640C.425 and] 640C.426 , [:

             (1) Except as otherwise provided in subsection 3,] pass a nationally recognized examination for testing the education and professional competency of massage therapists that is approved by the Board . [; or

             (2) At the applicant’s discretion and in lieu of a written examination, pass an oral examination prescribed by the Board.

      3.  If the Board determines that the examinations being administered pursuant to subparagraph (1) of paragraph (c) of subsection 2 are inadequately testing the knowledge and competency of applicants, the Board shall prepare or cause to be prepared its own written examination to test the knowledge and competency of applicants. Such an examination must be offered not less than four times each year. The location of the examination must alternate between Clark County and Washoe County. Upon request, the Board must provide a list of approved interpreters at the location of the examination to interpret the examination for an applicant who, as determined by the Board, requires an interpreter for the examination.

 


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examination to interpret the examination for an applicant who, as determined by the Board, requires an interpreter for the examination.

      4.]3.  The Board [shall] :

      (a) Shall recognize a program of massage therapy that is:

      [(a)] (1) Approved by the Commission on Postsecondary Education; or

      [(b)] (2) Offered by a public college in this State or any other state [.

Ê The Board may] ; and

      (b) May recognize other programs of massage therapy.

      [5.]4.  Except as otherwise provided in NRS [640C.425 and] 640C.426, the Board or its designee shall:

      (a) Conduct an investigation to determine:

             (1) The reputation and character of the applicant;

             (2) The existence and contents of any record of arrests or convictions of the applicant;

             (3) The existence and nature of any pending litigation involving the applicant that would affect his or her suitability for licensure; and

             (4) The accuracy and completeness of any information submitted to the Board by the applicant . [;]

      (b) [If the Board determines that it is unable to conduct a complete investigation, require the applicant to submit a financial questionnaire and investigate the financial background and each source of funding of the applicant;

      (c)] Report the results of the investigation of the applicant within the period the Board establishes by regulation pursuant to NRS 640C.320 . [; and

      (d)](c) Except as otherwise provided in NRS 239.0115, maintain the results of the investigation in a confidential manner for use by the Board and its members and employees in carrying out their duties pursuant to this chapter. The provisions of this paragraph do not prohibit the Board or its members or employees from communicating or cooperating with or providing any documents or other information to any other licensing board or any other federal, state or local agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 20.5. NRS 640C.410 is hereby amended to read as follows:

      640C.410  1.  The Board may issue a temporary license to practice massage therapy.

      2.  An applicant for a temporary license issued pursuant to this section must:

      (a) Be at least 18 years of age; and

      (b) Submit to the Board:

             (1) A completed application on a form prescribed by the Board;

             (2) The fees prescribed by the Board pursuant to NRS 640C.520;

             (3) Proof that the applicant has successfully completed a program of massage therapy recognized by the Board pursuant to NRS 640C.400;

             (4) Proof that the applicant:

                   (I) Has taken the examination required pursuant to NRS 640C.400; or

                   (II) Is scheduled to take such an examination within 90 days after the date of application;

             (5) An affidavit indicating that the applicant has not committed any of the offenses for which the Board may refuse to issue a license pursuant to NRS 640C.700;

 


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             (6) A certified statement issued by the licensing authority in each state, territory or possession of the United States or the District of Columbia in which the applicant is or has been licensed to practice massage therapy verifying that:

                   (I) The applicant has not been involved in any disciplinary action relating to his or her license to practice massage therapy; and

                   (II) Disciplinary proceedings relating to his or her license to practice massage therapy are not pending; and

             (7) [Except as otherwise provided in NRS 640C.440, a] A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      3.  A temporary license issued pursuant to this section expires 90 days after the date the Board issues the temporary license. The Board shall not renew the temporary license.

      4.  A person who holds a temporary license:

      (a) May practice massage therapy only under the supervision of a fully licensed massage therapist and only in accordance with the provisions of this chapter and the regulations of the Board;

      (b) Must comply with any other conditions, limitations and requirements imposed on the temporary license by the Board;

      (c) Is subject to the regulatory and disciplinary authority of the Board to the same extent as a fully licensed massage therapist; and

      (d) Remains subject to the regulatory and disciplinary authority of the Board after the expiration of the temporary license for all acts relating to the practice of massage therapy which occurred during the period of temporary licensure.

      5.  As used in this section, “fully licensed massage therapist” means a person who holds a license to practice massage therapy issued pursuant to NRS 640C.400 or 640C.420.

      Sec. 21. NRS 640C.420 is hereby amended to read as follows:

      640C.420  1.  Notwithstanding the provisions of NRS 640C.400 and except as otherwise provided in subsection 3, the Board may issue a license to an applicant who holds a current license to practice massage therapy , reflexology or structural integration issued by another state, territory or possession of the United States or the District of Columbia.

      2.  An applicant for a license issued by the Board pursuant to subsection 1 must submit to the Board:

      (a) A completed application on a form prescribed by the Board;

      (b) The fees prescribed by the Board pursuant to NRS 640C.520;

      (c) A notarized statement signed by the applicant that states:

             (1) Whether any disciplinary proceedings relating to his or her license to practice massage therapy , reflexology or structural integration have at any time been instituted against the applicant; and

             (2) Whether the applicant has been arrested or convicted, within the immediately preceding 10 years, for any crime involving violence, prostitution or any other sexual offense; and

      (d) A certified statement issued by the licensing authority in each state, territory or possession of the United States or the District of Columbia in which the applicant is or has been licensed to practice massage therapy , reflexology or structural integration during the immediately preceding 10 years verifying that:

 


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             (1) The applicant has not been involved in any disciplinary action relating to his or her license to practice massage therapy [;] , reflexology or structural integration; and

             (2) Disciplinary proceedings relating to his or her license to practice massage therapy , reflexology or structural integration are not pending.

      3.  The Board shall not issue a license pursuant to this section unless the state, territory or possession of the United States or the District of Columbia in which the applicant is licensed had requirements at the time the license was issued that the Board determines are substantially equivalent to the requirements for a license to practice massage therapy , reflexology or structural integration set forth in this chapter.

      Sec. 22. NRS 640C.426 is hereby amended to read as follows:

      640C.426  1.  The Board may issue a license by endorsement to practice massage therapy , reflexology or structural integration to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

      (a) Holds a corresponding valid and unrestricted license to practice massage therapy , reflexology or structural integration in the District of Columbia or any state or territory of the United States; and

      (b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license to practice massage therapy [;] , reflexology or structural integration; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 640C.400;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (d) The fees prescribed by the Board pursuant to NRS 640C.520 for the application for and initial issuance of a license; and

      (e) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to practice massage therapy , reflexology or structural integration pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice massage therapy , reflexology or structural integration to the applicant not later than:

      (a) Forty-five days after receiving all additional information required by the Board to complete the application; or

 


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      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A license by endorsement to practice massage therapy , reflexology or structural integration may be issued at a meeting of the Board or between its meetings by the Chair and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.

      5.  At any time before making a final decision on an application for a license by endorsement, the Board may grant a provisional license authorizing an applicant to practice as a massage therapist , reflexologist or structural integration practitioner in accordance with regulations adopted by the Board.

      6.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

      Sec. 23. NRS 640C.430 is hereby amended to read as follows:

      640C.430  1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a license as a massage therapist , reflexologist or structural integration practitioner shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license as a massage therapist , reflexologist or structural integration practitioner shall submit to the Board 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 Board shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

      (b) A separate form prescribed by the Board.

      3.  A license as a massage therapist , reflexologist or structural integration practitioner may not be issued or renewed by the Board if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board 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. 24. (Deleted by amendment.)

      Sec. 25. NRS 640C.450 is hereby amended to read as follows:

      640C.450  1.  Each licensee shall display his or her original license in a conspicuous manner at each location where the licensee practices massage therapy [.]

 


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therapy [.] , reflexology or structural integration. If a licensee practices massage therapy , reflexology or structural integration in more than one place, the licensee must carry the original license with him or her and display it wherever he or she is actually working.

      2.  A licensee shall obtain a replacement of the original license from the Board if the licensee’s:

      (a) Original license is destroyed, misplaced or mutilated; or

      (b) Name or address as printed on the original license has changed.

      3.  To obtain a replacement license, the licensee must:

      (a) File an affidavit with the Board, on the form prescribed by the Board, which states that the licensee’s original license was destroyed, misplaced or mutilated or that his or her name or address as printed on the original license has changed; and

      (b) Pay the fee prescribed by the Board pursuant to NRS 640C.520.

      Sec. 26. NRS 640C.500 is hereby amended to read as follows:

      640C.500  1.  Each license [expires on the last day of the month in which it was issued in the next succeeding calendar year] is valid for 2 years after the first day of the first calendar month immediately following the date of issuance and may be renewed if, before the license expires, the holder of the license submits to the Board:

      (a) A completed application for renewal on a form prescribed by the Board;

      (b) Proof of completion of the requirements for continuing education prescribed by the Board pursuant to the regulations adopted by the Board under NRS 640C.320; and

      (c) The fee for renewal of the license prescribed by the Board pursuant to NRS 640C.520.

      2.  A license that expires pursuant to this section may be restored if, within 2 years after the expiration of the license, the applicant:

      (a) Complies with the provisions of subsection 1; and

      (b) Submits to the Board the fees prescribed by the Board pursuant to NRS 640C.520:

             (1) For the restoration of an expired license; and

             (2) For each year that the license was expired, for the renewal of a license.

      3.  The Board shall send a notice of renewal to each holder of a license not later than 60 days before the license expires. The notice must include a statement setting forth the provisions of this section and the amount of the fee for renewal of the license.

      Sec. 27. NRS 640C.510 is hereby amended to read as follows:

      640C.510  1.  Upon written request to the Board, a holder of a license in good standing may cause his or her name and license to be transferred to an inactive list. The holder of the license may not practice massage therapy , reflexology or structural integration during the time the license is inactive, and no renewal fee accrues.

      2.  If an inactive holder of a license desires to resume the practice of massage therapy , reflexology or structural integration within 2 years after the license was made inactive, the Board shall renew the license upon:

      (a) Demonstration, if deemed necessary by the Board, that the holder of the license is then qualified and competent to practice;

      (b) Completion and submission of an application; and

      (c) Payment of the current fee for renewal of the license.

 


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      Sec. 28. NRS 640C.520 is hereby amended to read as follows:

      640C.520  1.  The Board shall establish a schedule of fees and charges. The fees for the following items must not exceed the following amounts:

 

An examination established by the Board pursuant to this chapter $600

An application for a license.................................................................... 300

An application for a license without an examination........................ 300

A background check of an applicant................................................... 600

The issuance of a license......................................................................... 400

The renewal of a license............................................................... [200] 350

The restoration of an expired license.................................................... 500

The reinstatement of a suspended or revoked license....................... 500

The issuance of a replacement license.................................................... 75

The restoration of an inactive license................................................... 300

The issuance of a certification of a massage, reflexology and structural integration establishment as defined in section 11 of this act......................................................................................... 50

The renewal of a certification of a massage, reflexology and structural integration establishment as defined in section 11 of this act......................................................................................... 50

 

      2.  If an applicant submits an application for a license by endorsement pursuant to NRS 640C.426, the Board shall collect not more than one-half of the fee specified in subsection 1 for the initial issuance of the license.

      3.  Subject to the limits provided by subsection 1, the Board:

      (a) May adopt regulations that establish different fees for different types of licenses; and

      (b) In establishing the different fees for different types of licenses, shall consider the income and opportunities for employment available to the holders of the different types of licenses.

      4.  The total fees collected by the Board pursuant to this section must not exceed the amount of money necessary for the operation of the Board and for the maintenance of an adequate reserve.

      Sec. 29. NRS 640C.700 is hereby amended to read as follows:

      640C.700  The Board may refuse to issue a license to an applicant, or may initiate disciplinary action against a holder of a license, if the applicant or holder of the license:

      1.  Has submitted false, fraudulent or misleading information to the Board or any agency of this State, any other state, a territory or possession of the United States, the District of Columbia or the Federal Government;

      2.  Has violated any provision of this chapter or any regulation adopted pursuant thereto;

      3.  Has been convicted of a crime involving violence, prostitution or any other sexual offense, a crime involving any type of larceny, a crime relating to a controlled substance, a crime involving any federal or state law or regulation relating to massage therapy , reflexology or structural integration or a substantially similar business, or a crime involving moral turpitude;

      4.  Has engaged in or solicited sexual activity during the course of practicing massage , reflexology or structural integration on a person, with or without the consent of the person, including, without limitation, if the applicant or holder of the license:

 


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      (a) Made sexual advances toward the person;

      (b) Requested sexual favors from the person; or

      (c) Massaged, touched or applied any instrument to the breasts of the person, unless the person has signed a written consent form provided by the Board;

      5.  Has habitually abused alcohol or is addicted to a controlled substance;

      6.  Is, in the judgment of the Board, guilty of gross negligence in the practice of massage therapy [;] , reflexology or structural integration;

      7.  Is determined by the Board to be professionally incompetent to engage in the practice of massage therapy [;] , reflexology or structural integration;

      8.  Has failed to provide information requested by the Board within 60 days after receiving the request;

      9.  Has, in the judgment of the Board, engaged in unethical or unprofessional conduct ; [as it relates to the practice of massage therapy;]

      10.  Has knowingly failed to report to the Board that the holder of a license or other person has engaged in unethical or unprofessional conduct as it relates to the practice of massage therapy , reflexology or structural integration within 30 days after becoming aware of that conduct;

      11.  Has been disciplined in another state, a territory or possession of the United States or the District of Columbia for conduct that would be a violation of the provisions of this chapter or any regulations adopted pursuant thereto if the conduct were committed in this State;

      12.  Has solicited or received compensation for services relating to the practice of massage therapy , reflexology or structural integration that he or she did not provide;

      13.  If the holder of the license is on probation, has violated the terms of the probation;

      14.  Has engaged in false, deceptive or misleading advertising, including, without limitation, falsely, deceptively or misleadingly advertising that he or she has received training in a specialty technique of massage , reflexology or structural integration for which he or she has not received training, practicing massage therapy , reflexology or structural integration under an assumed name and impersonating a licensed massage therapist [;] , reflexologist or structural integration practitioner;

      15.  Has operated a medical facility, as defined in NRS 449.0151, at any time during which:

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

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

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

      16.  Has failed to comply with a written administrative citation issued pursuant to NRS 640C.755 within the time permitted for compliance set forth in the citation or, if a hearing is held pursuant to NRS 640C.757, within 15 business days after the hearing; or

      17.  Except as otherwise provided in subsection 16, has failed to pay or make arrangements to pay, as approved by the Board, an administrative fine imposed pursuant to this chapter within 60 days after:

 


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      (a) Receiving notice of the imposition of the fine; or

      (b) The final administrative or judicial decision affirming the imposition of the fine,

Ê whichever occurs later.

      Sec. 30. NRS 640C.712 is hereby amended to read as follows:

      640C.712  1.  In addition to any other actions authorized by NRS 640C.710, if, after notice and a hearing as required by law, the Board determines that a licensee has engaged in or solicited sexual activity during the course of practicing massage , reflexology or structural integration on a person, as set forth in subsection 4 of NRS 640C.700, or has been convicted of prostitution or any other sexual offense that occurred during the course of practicing massage , reflexology or structural integration on a person, the Board [shall:] may:

      (a) For a first violation, impose an administrative fine of not less than $100 and not more than $1,000;

      (b) For a second violation, impose an administrative fine of not less than $250 and not more than $5,000; and

      (c) For a third violation and for each additional violation, impose an administrative fine of not less than $500 and not more than $10,000.

      2.  The Board shall, by regulation, establish standards for use by the Board in determining the amount of an administrative fine imposed pursuant to this section. The standards must include, without limitation, provisions requiring the Board to consider:

      (a) The gravity of the violation;

      (b) The good faith of the licensee; and

      (c) Any history of previous violations of the provisions of this chapter committed by the licensee.

      Sec. 31. NRS 640C.720 is hereby amended to read as follows:

      640C.720  Notwithstanding any other statute to the contrary:

      1.  If the Board finds, based upon evidence in its possession, that immediate action is necessary to protect the health, safety or welfare of the public, the Board may, upon providing notice to the massage therapist, reflexologist or structural integration practitioner, temporarily suspend his or her license without a prior hearing for a period not to exceed 15 business days. The massage therapist , reflexologist or structural integration practitioner may file a written request for a hearing to challenge the necessity of the temporary suspension. The written request must be filed not later than 10 business days after the date on which the massage therapist , reflexologist or structural integration practitioner receives notice of the temporary suspension. If the massage therapist [:] , reflexologist or structural integration practitioner:

      (a) Files a timely written request for a hearing, the Board shall extend the temporary suspension until a hearing is held. The Board shall hold a hearing and render a final decision regarding the necessity of the temporary suspension as promptly as is practicable but not later than 15 business days after the date on which the Board receives the written request. After holding such a hearing, the Board may extend the period of the temporary suspension if the Board finds, for good cause shown, that such action is necessary to protect the health, safety or welfare of the public pending proceedings for disciplinary action.

      (b) Does not file a timely written request for a hearing and the Board wants to consider extending the period of the temporary suspension, the Board shall schedule a hearing and notify the massage therapist , reflexologist or structural integration practitioner immediately by certified mail of the date of the hearing.

 


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Board shall schedule a hearing and notify the massage therapist , reflexologist or structural integration practitioner immediately by certified mail of the date of the hearing. The hearing must be held and a final decision rendered regarding whether to extend the period of the temporary suspension as promptly as is practicable but not later than 30 days after the date on which the Board provides notice of the initial temporary suspension. After holding such a hearing, the Board may extend the period of the temporary suspension if the Board finds, for good cause shown, that such action is necessary to protect the health, safety or welfare of the public pending proceedings for disciplinary action.

      2.  If a massage therapist , reflexologist or structural integration practitioner is charged with or cited for prostitution or any other sexual offense, the appropriate law enforcement agency shall report the charge or citation to the Executive Director of the Board. Upon receiving such a report, the Executive Director shall immediately issue by certified mail to the massage therapist , reflexologist or structural integration practitioner a cease and desist order temporarily suspending the license of the massage therapist , reflexologist or structural integration practitioner without a prior hearing. The temporary suspension of the license is effective immediately after the massage therapist , reflexologist or structural integration practitioner receives notice of the cease and desist order and must not exceed 15 business days. The massage therapist , reflexologist or structural integration practitioner may file a written request for a hearing to challenge the necessity of the temporary suspension. The written request must be filed not later than 10 business days after the date on which the Executive Director mails the cease and desist order. If the massage therapist [:] , reflexologist or structural integration practitioner:

      (a) Files a timely written request for a hearing, the Board shall extend the temporary suspension until a hearing is held. The Board shall hold a hearing and render a final decision regarding the necessity of the temporary suspension as promptly as is practicable but not later than 15 business days after the date on which the Board receives the written request. After holding such a hearing, the Board may extend the period of the temporary suspension if the Board finds, for good cause shown, that such action is necessary to protect the health, safety or welfare of the public pending proceedings for disciplinary action.

      (b) Does not file a timely written request for a hearing and the Board wants to consider extending the period of the temporary suspension, the Board shall schedule a hearing and notify the massage therapist , reflexologist or structural integration practitioner immediately by certified mail of the date of the hearing. The hearing must be held and a final decision rendered regarding whether to extend the period of the temporary suspension as promptly as is practicable but not later than 15 business days after the date on which the Executive Director mails the cease and desist order. After holding such a hearing, the Board may extend the period of the temporary suspension if the Board finds, for good cause shown, that such action is necessary to protect the health, safety or welfare of the public pending proceedings for disciplinary action.

      3.  If the Board or the Executive Director issues an order temporarily suspending the license of a massage therapist , reflexologist or structural integration practitioner pending proceedings for disciplinary action, a court shall not stay that order.

 


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      4.  For purposes of this section, a person is deemed to have notice of a temporary suspension of his or her license:

      (a) On the date on which the notice is personally delivered to the person; or

      (b) If the notice is mailed, 3 days after the date on which the notice is mailed by certified mail to the last known business or residential address of the person.

      Sec. 32. NRS 640C.745 is hereby amended to read as follows:

      640C.745  1.  When conducting an investigation of a massage therapist , reflexologist or structural integration practitioner pursuant to this chapter, the Board or the Executive Director may request from the appropriate governmental agency or court of competent jurisdiction records relating to any conviction of the massage therapist , reflexologist or structural integration practitioner for a crime involving violence, prostitution or any other sexual offense. Such records include, without limitation, a record of criminal history as defined in NRS 179A.070.

      2.  Upon receiving a request from the Board or the Executive Director pursuant to subsection 1, the governmental agency or court of competent jurisdiction shall provide the requested records to the Board or the Executive Director as soon as reasonably practicable. The governmental agency or court of competent jurisdiction may redact from the records produced pursuant to this subsection any information relating to the agency or court that is deemed confidential by the agency or court. Upon receiving the records from the governmental agency or court, the Board and the Executive Director:

      (a) Shall maintain the confidentiality of the records if such confidentiality is required by federal or state law; and

      (b) May use the records for the sole and limited purpose of determining whether to take disciplinary action against the massage therapist , reflexologist or structural integration practitioner pursuant to this chapter.

      Sec. 33. NRS 640C.910 is hereby amended to read as follows:

      640C.910  1.  If a person is not licensed to practice massage therapy , reflexology or structural integration pursuant to this chapter, the person shall not:

      (a) Engage in the practice of massage therapy [;] , reflexology or structural integration:

      (b) Use in connection with his or her name the words or letters “L.M.T.,” “licensed massage therapist,” “licensed massage technician,” “M.T.,” “massage technician[” or] “massage therapist,” “licensed reflexologist,” “reflexologist,” “licensed structural integration practitioner” or “structural integration practitioner,” or any other letters, words or insignia indicating or implying that he or she is licensed to practice massage therapy, reflexology or structural integration, or in any other way, orally, or in writing or print, or by sign, directly or by implication, use the word “massage [”] ,” “reflexology,” “structural integration” or represent himself or herself as licensed or qualified to engage in the practice of massage therapy [;] , reflexology or structural integration; or

      (c) List or cause to have listed in any directory, including, without limitation, a telephone directory, his or her name or the name of his or her company under the heading “massage,” “massage therapy,” “massage therapist,” “massage technician [”] ,” “reflexologist,” “structural integration practitioner” or any other term that indicates or implies that he or she is licensed or qualified to practice massage therapy [.]

 


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integration practitioner” or any other term that indicates or implies that he or she is licensed or qualified to practice massage therapy [.] , reflexology or structural integration.

      2.  If a person’s license to practice massage therapy , reflexology or structural integration pursuant to this chapter has expired or has been suspended or revoked by the Board, the person shall not:

      (a) Engage in the practice of massage therapy [;] , reflexology or structural integration;

      (b) Use in connection with his or her name the words or letters “L.M.T.,” “licensed massage therapist,” “licensed massage technician,” “M.T.,” “massage technician[” or] “massage therapist,” “licensed reflexologist,” “reflexologist,” “licensed structural integration practitioner” or “structural integration practitioner,” or any other letters, words or insignia indicating or implying that he or she is licensed to practice massage therapy, reflexology or structural integration, or in any other way, orally, or in writing or print, or by sign, directly or by implication, use the word “massage [”] ,” “reflexology” or “structural integration,” or represent himself or herself as licensed or qualified to engage in the practice of massage therapy [;] , reflexology or structural integration; or

      (c) List or cause to have listed in any directory, including, without limitation, a telephone directory, his or her name or the name of his or her company under the heading “massage,” “massage therapy,” “massage therapist,” “massage technician [”] ,” “reflexologist” or “structural integration practitioner,” or any other term that indicates or implies that he or she is licensed or qualified to practice massage therapy [.] , reflexology or structural integration.

      3.  A person who violates any provision of this section is guilty of a misdemeanor.

      Sec. 34. NRS 640C.920 is hereby amended to read as follows:

      640C.920  1.  A person shall not:

      (a) Counterfeit or forge or attempt to counterfeit or forge a license to practice massage therapy [;] , reflexology or structural integration; or

      (b) For the purpose of aiding or abetting an unlawful act:

             (1) Alter or attempt to alter a license to practice massage therapy [;] , reflexology or structural integration; or

             (2) Make or attempt to make any photocopy print, photostat or other replica of a license to practice massage therapy [.] , reflexology or structural integration.

      2.  A person shall not use or display a license to practice massage therapy , reflexology or structural integration that:

      (a) Is not the original license issued to the person;

      (b) Has been counterfeited or forged;

      (c) Has been altered, copied or replicated for the purpose of aiding or abetting an unlawful act; or

      (d) Has been issued to another person.

      3.  A person who violates any provision of this section is guilty of a misdemeanor.

      Sec. 35. NRS 640C.930 is hereby amended to read as follows:

      640C.930  1.  A person shall not advertise as a massage therapist , reflexologist or structural integration practitioner in this State unless the person is licensed to practice massage therapy , reflexology or structural integration pursuant to this chapter.

 


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      2.  A person licensed to practice massage therapy , reflexology or structural integration pursuant to this chapter shall not disseminate, as part of any advertising by the massage therapist, reflexologist or structural integration practitioner, any false or misleading statement or representation of material fact that is intended, directly or indirectly, to induce another person to use the services of the massage therapist [.] , reflexologist or structural integration practitioner.

      3.  All advertising by a licensed massage therapist , reflexologist or structural integration practitioner must include his or her name and the name of his or her company, if applicable. All advertising in a telephone directory or a newspaper must also include the number of the license.

      4.  A person who violates any provision of subsection 1 or 2 is guilty of a misdemeanor.

      5.  If, after notice and a hearing as required by law, the Board determines that a person has willfully engaged in advertising in a manner that violates the provisions of this section or NRS 640C.910, the Board may, in addition to any penalty, punishment or disciplinary action authorized by the provisions of this chapter, order the person to cease and desist the unlawful advertising. The provisions of this subsection do not apply to any person whose license has been expired for less than 90 days or is temporarily suspended.

      6.  The Board may order any person convicted of a crime involving violence, prostitution or any other sexual offense to cause any telephone number included in the advertising to be disconnected from service. If the Board orders the person to cause any telephone number to be disconnected from service and the person fails to comply within 5 days after the date on which the person is served with the order, the Board may:

      (a) If the provider is regulated by the Public Utilities Commission of Nevada, request the Commission to order the provider to disconnect the telephone number from service pursuant to NRS 703.175 and 707.355; or

      (b) If the provider is not regulated by the Public Utilities Commission of Nevada, request the provider to disconnect the telephone number from service and inform the provider that the request is made pursuant to this section. Upon receiving such a request, the provider shall take such action as is necessary to disconnect the telephone number from service.

      7.  A provider shall not:

      (a) Forward or offer to forward the telephone calls of a telephone number disconnected from service pursuant to this section; or

      (b) Provide or offer to provide a message that includes a new telephone number for the person whose telephone number was disconnected from service pursuant to this section.

      8.  If a provider complies in good faith with a request to disconnect a telephone number from service pursuant to this section, such good-faith compliance shall constitute a complete defense to any civil or criminal action brought against the provider arising from the disconnection or termination of service.

      9.  As used in this section:

      (a) “Advertising” means the intentional placement or issuance of any sign, card or device, or the permitting or allowing of any sign or marking on a motor vehicle, in any building, structure, newspaper, magazine or airway transmission, on the Internet or in any directory under the listing of “massage therapist” [or] “massage [.”]

 


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therapist” [or] “massage [] ,” “reflexologist,” “reflexology,” “structural integration practitioner” or “structural integration.”

      (b) “Provider” means a provider of any type of telephone, messaging or paging service.

      (c) “Provider of messaging or paging service” means an entity that provides any type of messaging or paging service to any type of communication device.

      (d) “Provider of telephone service” has the meaning ascribed to it in NRS 707.355.

      (e) “Telephone number” means any sequence of numbers or characters, or both, used by a provider to provide any type of telephone, messaging or paging service.

      Sec. 36. NRS 640E.090 is hereby amended to read as follows:

      640E.090  1.  The provisions of this chapter do not apply to:

      (a) Any person who is licensed or registered in this State as a physician pursuant to chapter 630, 630A or 633 of NRS, dentist, nurse, dispensing optician, optometrist, occupational therapist, practitioner of respiratory care, physical therapist, podiatric physician, psychologist, marriage and family therapist, chiropractor, athletic trainer, massage therapist, reflexologist, structural integration practitioner, perfusionist, doctor of Oriental medicine in any form, medical laboratory director or technician or pharmacist who:

             (1) Practices within the scope of that license or registration;

             (2) Does not represent that he or she is a licensed dietitian or registered dietitian; and

             (3) Provides nutrition information incidental to the practice for which he or she is licensed or registered.

      (b) A student enrolled in an educational program accredited by the Commission on Accreditation for Dietetics Education of the Academy of Nutrition and Dietetics, if the student engages in the practice of dietetics under the supervision of a licensed dietitian or registered dietitian as part of that educational program.

      (c) A registered dietitian employed by the Armed Forces of the United States, the United States Department of Veterans Affairs or any division or department of the Federal Government in the discharge of his or her official duties, including, without limitation, the practice of dietetics or providing nutrition services.

      (d) A person who furnishes nutrition information, provides recommendations or advice concerning nutrition, or markets food, food materials or dietary supplements and provides nutrition information, recommendations or advice related to that marketing, if the person does not represent that he or she is a licensed dietitian or registered dietitian. While performing acts described in this paragraph, a person shall be deemed not to be engaged in the practice of dietetics or the providing of nutrition services.

      (e) A person who provides services relating to weight loss or weight control through a program reviewed by and in consultation with a licensed dietitian or physician or a dietitian licensed or registered in another state which has equivalent licensure requirements as this State, as long as the person does not change the services or program without the approval of the person with whom he or she is consulting.

      2.  As used in this section, “nutrition information” means information relating to the principles of nutrition and the effect of nutrition on the human body, including, without limitation:

 


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      (a) Food preparation;

      (b) Food included in a normal daily diet;

      (c) Essential nutrients required by the human body and recommended amounts of essential nutrients, based on nationally established standards;

      (d) The effect of nutrients on the human body and the effect of deficiencies in or excess amounts of nutrients in the human body; and

      (e) Specific foods or supplements that are sources of essential nutrients.

      Sec. 37. (Deleted by amendment.)

      Sec. 38. NRS 644.192 is hereby amended to read as follows:

      644.192  1.  The Board and a local governmental entity shall, to the extent practicable, reduce duplication in the licensing procedure for a qualified applicant who is applying to the Board for a license to practice pursuant to this chapter and who is also applying to the local governmental entity for a license to practice massage therapy, reflexology or structural integration, if both applications are filed not more than 60 days apart.

      2.  If a qualified applicant submits an application to a local governmental entity for a license to practice massage therapy , reflexology or structural integration and, not later than 60 days after that application, the applicant also submits an application to the Board for a license to practice pursuant to this chapter:

      (a) The applicant is not required to submit a set of fingerprints to the Board if the applicant submitted a set of fingerprints with his or her application to the local governmental entity;

      (b) The Board shall request from the local governmental entity a copy of any reports relating to a background investigation of the applicant;

      (c) Upon receiving such a request, the local governmental entity shall provide to the Board any reports relating to a background investigation of the applicant; and

      (d) The Board shall use the reports provided by the local governmental entity in reviewing the application for a license to practice pursuant to this chapter.

      3.  If a qualified applicant submits an application to the Board for a license to practice pursuant to this chapter and, not later than 60 days after that application, the applicant also submits an application to a local governmental entity for a license to practice massage therapy [:] , reflexology or structural integration:

      (a) The applicant is not required to submit a set of fingerprints to the local governmental entity if the applicant submitted a set of fingerprints with his or her application to the Board;

      (b) The local governmental entity shall request from the Board a copy of any reports relating to a background investigation of the applicant;

      (c) Upon receiving such a request, the Board shall provide to the local governmental entity any reports relating to a background investigation of the applicant; and

      (d) The local governmental entity shall use the reports provided by the Board in reviewing the application for a license to practice massage therapy, reflexology or structural integration, except that the local governmental entity may conduct its own background investigation of the applicant if the local governmental entity deems it to be necessary.

      Sec. 39. NRS 644.400 is hereby amended to read as follows:

      644.400  1.  A school of cosmetology must at all times be under the immediate supervision of a licensed instructor who has had practical experience in an established place of business for at least 1 year in the practice of a majority of the branches of cosmetology taught at the school of cosmetology.

 


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experience in an established place of business for at least 1 year in the practice of a majority of the branches of cosmetology taught at the school of cosmetology.

      2.  A school of cosmetology shall:

      (a) Except as otherwise provided in subsection 6, maintain courses of practical training and technical instruction equal to the requirements for examination for a license or certificate of registration in each branch of cosmetology taught at the school of cosmetology.

      (b) Maintain apparatus and equipment sufficient to teach all the subjects of its curriculum.

      (c) Keep a daily record of the attendance of each student, a record devoted to the different practices, establish grades and hold examinations before issuing diplomas. These records must be submitted to the Board pursuant to its regulations.

      (d) Include in its curriculum a course of deportment consisting of instruction in courtesy, neatness and professional attitude in meeting the public.

      (e) Arrange the courses devoted to each branch or practice of cosmetology as the Board may from time to time adopt as the course to be followed by the schools.

      (f) Not allow any student to perform services on the public for more than 7 hours in any day.

      (g) Conduct at least 5 hours of instruction in theory in each 40-hour week or 6 hours of instruction in theory in each 48-hour week, which must be attended by all registered students.

      (h) Require that all work by students be done on the basis of rotation.

      3.  Except as otherwise provided in subsection 4, the Board may, upon request, authorize a school of cosmetology to offer, in addition to courses which are included in any curriculum required for licensure or registration in each branch of cosmetology taught at the school of cosmetology, any other course.

      4.  The Board shall, upon request, authorize a school of cosmetology to offer a course or program that is designed, intended or used to prepare or qualify another person for licensure in the field of massage therapy , reflexology or structural integration if:

      (a) The school of cosmetology has obtained all licenses, authorizations and approvals required by state and local law to offer such a course or program; and

      (b) With regard to that portion of the premises where the school of cosmetology offers courses included in the cosmetological curriculum, the school of cosmetology continues to comply with the provisions of this chapter and any regulations adopted pursuant thereto.

      5.  Notwithstanding any other provision of law, if a school of cosmetology offers a course or program that is designed, intended or used to prepare or qualify another person for licensure in the field of massage therapy [:] , reflexology or structural integration:

      (a) The Board has exclusive jurisdiction over the authorization and regulation of the course or program offered by the school of cosmetology; and

      (b) The school of cosmetology is not required to obtain any other license, authorization or approval to offer the course or program.

 


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      6.  A school of cosmetology is not required to maintain courses of practical training and technical instruction equal to the requirements for examination for a license or certificate of registration in any branch of cosmetology if the school of cosmetology provides its students with a disclaimer, in at least 14-point bold type, indicating that completion of the instruction provided at the school of cosmetology does not:

      (a) Qualify the student for a license or certificate of registration in any branch of cosmetology; or

      (b) Prepare the student for an examination in any branch of cosmetology.

      Sec. 40. NRS 179A.100 is hereby amended to read as follows:

      179A.100  1.  The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:

      (a) Any which reflect records of conviction only; and

      (b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.

      2.  Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:

      (a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.

      (b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.

      (c) Reported to the Central Repository.

      3.  An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which are the result of a name-based inquiry and which:

      (a) Reflect convictions only; or

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

      4.  In addition to any other information to which an employer is entitled or authorized to receive from a name-based inquiry, the Central Repository shall disseminate to a prospective or current employer, or a person or entity designated to receive the information on behalf of such an employer, the information contained in a record of registration concerning an employee, prospective employee, volunteer or prospective volunteer who is a sex offender or an offender convicted of a crime against a child, regardless of whether the employee, prospective employee, volunteer or prospective volunteer gives written consent to the release of that information. The Central Repository shall disseminate such information in a manner that does not reveal the name of an individual victim of an offense or the information described in subsection 7 of NRS 179B.250. A request for information pursuant to this subsection must conform to the requirements of the Central Repository and must include:

      (a) The name and address of the employer, and the name and signature of the person or entity requesting the information on behalf of the employer;

      (b) The name and address of the employer’s facility in which the employee, prospective employee, volunteer or prospective volunteer is employed or volunteers or is seeking to become employed or volunteer; and

 


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      (c) The name and other identifying information of the employee, prospective employee, volunteer or prospective volunteer.

      5.  In addition to any other information to which an employer is entitled or authorized to receive, the Central Repository shall disseminate to a prospective or current employer, or a person or entity designated to receive the information on behalf of such an employer, the information described in subsection 4 of NRS 179A.190 concerning an employee, prospective employee, volunteer or prospective volunteer who gives written consent to the release of that information if the employer submits a request in the manner set forth in NRS 179A.200 for obtaining a notice of information. The Central Repository shall search for and disseminate such information in the manner set forth in NRS 179A.210 for the dissemination of a notice of information.

      6.  Except as otherwise provided in subsection 5, the provisions of NRS 179A.180 to 179A.240, inclusive, do not apply to an employer who requests information and to whom such information is disseminated pursuant to subsections 4 and 5.

      7.  Records of criminal history must be disseminated by an agency of criminal justice, upon request, to the following persons or governmental entities:

      (a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.

      (b) The person who is the subject of the record of criminal history when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.

      (c) The Nevada Gaming Control Board.

      (d) The State Board of Nursing.

      (e) The Private Investigator’s Licensing Board to investigate an applicant for a license.

      (f) A public administrator to carry out the duties as prescribed in chapter 253 of NRS.

      (g) A public guardian to investigate a ward or proposed ward or persons who may have knowledge of assets belonging to a ward or proposed ward.

      (h) Any agency of criminal justice of the United States or of another state or the District of Columbia.

      (i) Any public utility subject to the jurisdiction of the Public Utilities Commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee or to protect the public health, safety or welfare.

      (j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.

      (k) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.

      (l) Any reporter for the electronic or printed media in a professional capacity for communication to the public.

 


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      (m) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.

      (n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.

      (o) An agency which provides child welfare services, as defined in NRS 432B.030.

      (p) The Division of Welfare and Supportive Services of the Department of Health and Human Services or its designated representative, as needed to ensure the safety of investigators and caseworkers.

      (q) The Aging and Disability Services Division of the Department of Health and Human Services or its designated representative, as needed to ensure the safety of investigators and caseworkers.

      (r) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of Subchapter IV of Chapter 7 of Title 42 of the Social Security Act, 42 U.S.C. §§ 651 et seq.

      (s) The State Disaster Identification Team of the Division of Emergency Management of the Department.

      (t) The Commissioner of Insurance.

      (u) The Board of Medical Examiners.

      (v) The State Board of Osteopathic Medicine.

      (w) The Board of Massage [Therapists] Therapy and its Executive Director.

      (x) The Board of Examiners for Social Workers.

      (y) A multidisciplinary team to review the death of the victim of a crime that constitutes domestic violence organized or sponsored by the Attorney General pursuant to NRS 228.495.

      8.  Agencies of criminal justice in this State which receive information from sources outside this State concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.

      Sec. 41. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 41.071, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 130.712, 136.050, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.

 


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ê2017 Statutes of Nevada, Page 1475 (Chapter 275, AB 179)ê

 

284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and sections 7 and 9 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

 


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ê2017 Statutes of Nevada, Page 1476 (Chapter 275, AB 179)ê

 

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

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

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

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

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

      Sec. 42. NRS 703.175 is hereby amended to read as follows:

      703.175  1.  Upon receiving a request to disconnect a telephone number from the State Contractors’ Board pursuant to NRS 624.720, the Board of Massage [Therapists] Therapy pursuant to NRS 640C.930 or the Nevada Transportation Authority pursuant to NRS 706.758, the Commission shall issue an order to the appropriate provider of telephone service to disconnect the telephone number.

      2.  Compliance in good faith by a provider of telephone service with an order of the Commission to terminate service issued pursuant to this section shall constitute a complete defense to any civil or criminal action brought against the provider of telephone service arising from the termination of service.

      3.  As used in this section, “provider of telephone service” has the meaning ascribed to it in NRS 707.355.

      Sec. 43. NRS 707.355 is hereby amended to read as follows:

      707.355  1.  Each provider of telephone service in this State shall, when notified that:

      (a) A court has ordered the disconnection of a telephone number pursuant to NRS 706.2855; or

      (b) The Public Utilities Commission of Nevada has ordered the disconnection of a telephone number pursuant to NRS 703.175, after receiving a request to disconnect the telephone number from the State Contractors’ Board pursuant to NRS 624.720, the Board of Massage [Therapists] Therapy pursuant to NRS 640C.930 or the Nevada Transportation Authority pursuant to NRS 706.758,

Ê take such action as is necessary to carry out the order of the court or the Public Utilities Commission of Nevada.

      2.  A provider of telephone service shall not:

      (a) Forward or offer to forward the telephone calls of a telephone number disconnected from service pursuant to the provisions of this section; or

 


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ê2017 Statutes of Nevada, Page 1477 (Chapter 275, AB 179)ê

 

      (b) Provide or offer to provide a recorded message that includes the new telephone number for a business whose telephone number was disconnected from service pursuant to the provisions of this section.

      3.  As used in this section, “provider of telephone service” includes, but is not limited to:

      (a) A public utility furnishing telephone service.

      (b) A provider of cellular or other service to a telephone that is installed in a vehicle or is otherwise portable.

      Sec. 43.5.  1.  A person who is licensed to practice reflexology by a county, city or town in this State before October 1, 2018, must, if he or she wishes to continue to practice reflexology on or after October 1, 2018, obtain a license to practice reflexology issued by the Board of Massage Therapy pursuant to section 7 or 8 of this act.

      2.  Until October 1, 2018, if a person is licensed to practice reflexology by a county, city or town in this State but the person does not hold a license to practice reflexology issued by the Board of Massage Therapy, the person shall comply with all ordinances and regulations of the county, city or town relating to the practice of reflexology.

      Sec. 44.  A soon as practicable on or after July 1, 2017, the Governor shall appoint to the Board of Massage Therapy the members required to be appointed pursuant to subsection 2 of NRS 640C.150, as amended by section 17 of this act.

      Sec. 45.  1.  Any administrative regulations adopted by an officer or entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act remain in force until amended by the officer or entity to which the responsibility for the adoption of the regulations has been transferred.

      2.  Any contracts or other agreements entered into by an officer or entity whose name has been changed pursuant to the provisions of this act are binding upon the officer or entity to which the responsibility for the administration of the provision of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or entity to which the responsibility for the enforcement of the provisions of the contract or other agreements has been transferred.

      3.  Any action taken by an officer or entity whose name has been changed pursuant to the provisions of this act remains in effect as if taken by the officer or entity to which the responsibility for the enforcement of such actions has been transferred.

      Sec. 46.  The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, substitute appropriately the name of any agency, officer or instrumentality of the State whose name is changed by this act for the name which the agency, officer or instrumentality previously used.

      Sec. 47. NRS 640C.425, 640C.440 and 644.191 are hereby repealed.

      Sec. 48.  This act becomes effective:

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

      2.  On July 1, 2017, for all other purposes.

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ê2017 Statutes of Nevada, Page 1478ê

 

CHAPTER 276, AB 241

Assembly Bill No. 241–Assemblymen Frierson, Watkins; Araujo and Bilbray-Axelrod

 

CHAPTER 276

 

[Approved: June 1, 2017]

 

AN ACT relating to public accommodations; providing that counties and cities must include in building codes or adopt by ordinance a requirement that certain buildings and facilities used by the public be equipped with one or more baby changing tables; requiring the board of trustees of any school district that adopts a building code to include such a provision in the code; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the governing body of any county or incorporated city is authorized to: (1) regulate matters relating to the construction of buildings; and (2) adopt building codes. (NRS 244.3675, 268.413) In any county whose population is 700,000 or more, the board of trustees of the school district generally regulates the construction of buildings and facilities of the district and is required to adopt any building code necessary to perform that function. (NRS 393.110) Section 1 of this bill requires each county and city to include in its respective building code a requirement that every permanent building and facility used by the public that contains a public restroom and is constructed on or after October 1, 2017, be equipped with one or more baby changing tables accessible to men and women. If a county or city has no building code, section 1 requires the county or city to adopt this requirement by ordinance. Section 1 further provides that the building code or ordinance, as applicable, must provide an exception for any building or facility that: (1) does not have a public restroom; or (2) has been issued a permit or license that restricts admission of children to the building or facility on the basis of age. Finally, section 1 provides that the provisions of section 1 apply to any school district for which a building code is adopted as described above. Sections 2-4 of this bill make conforming changes.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 3, each county, city and any other governmental entity that adopts a building code shall include in its respective building code a requirement that any permanent building or facility used by the public that contains a public restroom and is constructed on or after October 1, 2017, be equipped with at least one baby changing table. If a baby changing table is not accessible in such a building or facility to both men and women, the building code must require that the building or facility be equipped with at least one such table accessible to men and at least one such table accessible to women.

      2.  Except as otherwise provided in subsection 3, if a county or a city has no building code, it shall adopt by ordinance a requirement that any permanent building or facility used by the public that contains a public restroom and is constructed on or after October 1, 2017, be equipped with one or more baby changing tables as provided in subsection 1.

 


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ê2017 Statutes of Nevada, Page 1479 (Chapter 276, AB 241)ê

 

restroom and is constructed on or after October 1, 2017, be equipped with one or more baby changing tables as provided in subsection 1.

      3.  A building code or ordinance adopted pursuant to this section must provide an exception to the requirements described in subsection 1 or 2, as applicable, for any building or facility that:

      (a) Does not have a public restroom; or

      (b) Has been issued a permit or license which restricts admission of children to the building or facility on the basis of age.

      4.  The provisions of this section apply, without limitation, to any school district for which a building code is adopted pursuant to subsection 2 of NRS 393.110.

      Sec. 2. NRS 278.010 is hereby amended to read as follows:

      278.010  As used in NRS 278.010 to 278.630, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0103 to 278.0195, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3. NRS 244.3675 is hereby amended to read as follows:

      244.3675  Subject to the limitations set forth in NRS 244.368, 278.02315, 278.580, 278.582, 278.586, 444.340 to 444.430, inclusive, and 477.030, and section 1 of this act, the boards of county commissioners within their respective counties may:

      1.  Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the county.

      2.  Adopt any building, electrical, housing, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. Except as otherwise provided in NRS 278.580, these fees do not apply to the State of Nevada or the Nevada System of Higher Education.

      Sec. 4. NRS 268.413 is hereby amended to read as follows:

      268.413  Subject to the limitations contained in NRS 244.368, 278.02315, 278.580, 278.582, 278.586, 444.340 to 444.430, inclusive, and 477.030, and section 1 of this act, the city council or other governing body of an incorporated city may:

      1.  Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the city.

      2.  Adopt any building, electrical, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. Except as otherwise provided in NRS 278.580, those fees do not apply to the State of Nevada or the Nevada System of Higher Education.

      Sec. 5.  This act becomes effective upon passage and approval for the purpose of adopting regulations and performing any other administrative tasks that are necessary to carry out the provisions of this act and on October 1, 2017, for all other purposes.

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ê2017 Statutes of Nevada, Page 1480ê

 

CHAPTER 277, AB 243

Assembly Bill No. 243–Committee on Judiciary

 

CHAPTER 277

 

[Approved: June 1, 2017]

 

AN ACT relating to criminal procedure; providing for the vacating of a judgment of conviction and sealing of records of a victim of sex trafficking or involuntary servitude; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law allows a court to grant a motion to vacate a judgment if the defendant was convicted of certain offenses and the defendant’s participation in the offense was the result of having been a victim of sex trafficking or involuntary servitude. (NRS 176.515) Existing law also establishes a process for sealing certain records of criminal proceedings. (NRS 179.245-179.301) With certain limited exceptions, if the court orders a person’s record of criminal history sealed, all proceedings recounted in the record are deemed never to have occurred. (NRS 179.285)

      Section 1.2 of this bill authorizes a person convicted of certain offenses who was a victim of sex trafficking or involuntary servitude to petition the court to vacate the judgment and seal all documents relating to the case. Section 1.2 generally sets forth the procedure established in existing law for the vacating of a judgment of conviction of such a person, but additionally requires the court to notify the Central Repository for Nevada Records of Criminal History, the Office of the Attorney General and each office of the district attorney and law enforcement agency in this State and to allow any person to testify and present evidence on behalf of such an entity before the court decides whether to grant a petition. Section 1.2 also authorizes a court to enter an order to vacate a judgment of conviction if the petitioner satisfies all requirements necessary for the judgment to be vacated but the petition is deficient with respect to the sealing of the petitioner’s record. Section 1.2 provides that if the court enters such an order, the court is also required to order sealed the records of the petitioner which relate to the judgment being vacated. Sections 1 and 1.3-1.7 of this bill make conforming changes.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 176.515 is hereby amended to read as follows:

      176.515  1.  The court may grant a new trial to a defendant if required as a matter of law or on the ground of newly discovered evidence.

      2.  If trial was by the court without a jury, the court may vacate the judgment if entered, take additional testimony and direct the entry of a new judgment.

      3.  Except as otherwise provided in NRS 176.09187, a motion for a new trial based on the ground of newly discovered evidence may be made only within 2 years after the verdict or finding of guilt.

      4.  A motion for a new trial based on any other grounds must be made within 7 days after the verdict or finding of guilt or within such further time as the court may fix during the 7-day period.

      [5.  The court may grant a motion to vacate a judgment if:

 


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ê2017 Statutes of Nevada, Page 1481 (Chapter 277, AB 243)ê

 

      (a) The judgment is a conviction for a violation of:

             (1) NRS 201.354, for engaging in prostitution or solicitation for prostitution, provided that the defendant was not alleged to be a customer of a prostitute;

             (2) NRS 207.200, for unlawful trespass;

             (3) Paragraph (b) of subsection 1 of NRS 463.350, for loitering; or

             (4) A county, city or town ordinance, for loitering for the purpose of solicitation or prostitution;

      (b) The participation of the defendant in the offense was the result of the defendant having been a victim of:

             (1) Trafficking in persons as described in the Trafficking Victims Protection Act of 2000, 22 U.S.C. §§ 7101 et seq.; or

             (2) Involuntary servitude as described in NRS 200.463 or 200.4631; and

      (c) The defendant makes a motion under this subsection with due diligence after the defendant has ceased being a victim of trafficking or involuntary servitude or has sought services for victims of such trafficking or involuntary servitude.

      6.  In deciding whether to grant a motion made pursuant to subsection 5, the court shall take into consideration any reasonable concerns for the safety of the defendant, family members of the defendant or other victims that may be jeopardized by the bringing of such a motion.

      7.  If the court grants a motion made pursuant to subsection 5, the court:

      (a) Shall vacate the judgment and dismiss the accusatory pleading; and

      (b) May take any additional action that the court deems appropriate under the circumstances.]

      Sec. 1.2. Chapter 179 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a person has been convicted of any offense listed in subsection 2, the person may petition the court in which he or she was convicted or, if the person wishes to file more than one petition and would otherwise need to file a petition in more than one court, the district court, for an order:

      (a) Vacating the judgment; and

      (b) Sealing all documents, papers and exhibits in the person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order.

      2.  A person may file a petition pursuant to subsection 1 if the person was convicted of a violation of:

      (a) NRS 201.354, for engaging in prostitution or solicitation for prostitution, provided that the person was not alleged to be a customer of a prostitute;

      (b) NRS 207.200, for unlawful trespass;

      (c) Paragraph (b) of subsection 1 of NRS 463.350, for loitering; or

      (d) A county, city or town ordinance, for loitering for the purpose of solicitation or prostitution.

      3.  A petition filed pursuant to subsection 1 must satisfy the requirements of NRS 179.245.

      4.  The court may grant a petition filed pursuant to subsection 1 if:

      (a) The petitioner was convicted of a violation of an offense described in subsection 2;

 


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ê2017 Statutes of Nevada, Page 1482 (Chapter 277, AB 243)ê

 

      (b) The participation of the petitioner in the offense was the result of the petitioner having been a victim of:

             (1) Trafficking in persons as described in the Trafficking Victims Protection Act of 2000, 22 U.S.C. §§ 7101 et seq.; or

             (2) Involuntary servitude as described in NRS 200.463 or 200.4631; and

      (c) The petitioner files a petition pursuant to subsection 1 with due diligence after the petitioner has ceased being a victim of trafficking or involuntary servitude or has sought services for victims of such trafficking or involuntary servitude.

      5.  Before the court decides whether to grant a petition filed pursuant to subsection 1, the court shall:

      (a) Notify the Central Repository for Nevada Records of Criminal History, the Office of the Attorney General and each office of the district attorney and law enforcement agency in this State and allow any person to testify and present evidence on behalf of any such entity; and

      (b) Take into consideration any reasonable concerns for the safety of the defendant, family members of the defendant or other victims that may be jeopardized by the granting of the petition.

      6.  If the court grants a petition filed pursuant to subsection 1, the court shall:

      (a) Vacate the judgment and dismiss the accusatory pleading; and

      (b) Order sealed all documents, papers and exhibits in the petitioner’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order.

      7.  If a petition filed pursuant to subsection 1 does not satisfy the requirements of NRS 179.245 or the court determines that the petition is otherwise deficient with respect to the sealing of the petitioner’s record, the court may enter an order to vacate the judgment and dismiss the accusatory pleading if the petitioner satisfies all requirements necessary for the judgment to be vacated.

      8.  If the court enters an order pursuant to subsection 7, the court shall also order sealed the records of the petitioner which relate to the judgment being vacated in accordance with paragraph (b) of subsection 6, regardless of whether any records relating to other convictions are ineligible for sealing either by operation of law or because of a deficiency in the petition.

      Sec. 1.3. NRS 179.241 is hereby amended to read as follows:

      179.241  As used in NRS 179.241 to 179.301, inclusive, and section 1.2 of this act, unless the context otherwise requires, the words and terms defined in NRS 179.242, 179.243 and 179.244 have the meanings ascribed to them in those sections.

      Sec. 1.4. NRS 179.245 is hereby amended to read as follows:

      179.245  1.  Except as otherwise provided in subsection 5 and NRS 176A.265, 176A.295, 179.259, 453.3365 and 458.330, and section 1.2 of this act, a person may petition the court in which the person was convicted for the sealing of all records relating to a conviction of:

      (a) A category A or B felony after 15 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

      (b) A category C or D felony after 12 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

 


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ê2017 Statutes of Nevada, Page 1483 (Chapter 277, AB 243)ê

 

      (c) A category E felony after 7 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

      (d) Except as otherwise provided in paragraph (e), any gross misdemeanor after 5 years from the date of release from actual custody or discharge from probation, whichever occurs later;

      (e) A violation of NRS 422.540 to 422.570, inclusive, other than a felony, a violation of NRS 484C.110 or 484C.120 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later; or

      (f) Any other misdemeanor after 2 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later.

      2.  A petition filed pursuant to subsection 1 must:

      (a) Be accompanied by the petitioner’s current, verified records received from:

             (1) The Central Repository for Nevada Records of Criminal History; and

             (2) All agencies of criminal justice which maintain such records within the city or county in which the conviction was entered;

      (b) If the petition references NRS 453.3365 or 458.330, include a certificate of acknowledgment or the disposition of the proceedings for the records to be sealed from all agencies of criminal justice which maintain such records;

      (c) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed; and

      (d) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed, including, without limitation, the:

             (1) Date of birth of the petitioner;

             (2) Specific conviction to which the records to be sealed pertain; and

             (3) Date of arrest relating to the specific conviction to which the records to be sealed pertain.

      3.  Upon receiving a petition pursuant to this section, the court shall notify the law enforcement agency that arrested the petitioner for the crime and the prosecuting attorney, including, without limitation, the Attorney General, who prosecuted the petitioner for the crime. The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.

      4.  If, after the hearing, the court finds that, in the period prescribed in subsection 1, the petitioner has not been charged with any offense for which the charges are pending or convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of any agency of criminal justice or any public or private agency, company, official or other custodian of records in the State of Nevada, and may also order all such records of the petitioner returned to the file of the court where the proceeding was commenced from, including, without limitation, the Federal Bureau of Investigation, the California Bureau of Criminal Identification and Information and all other agencies of criminal justice which maintain such records and which are reasonably known by either the petitioner or the court to have possession of such records.

 


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ê2017 Statutes of Nevada, Page 1484 (Chapter 277, AB 243)ê

 

Information and all other agencies of criminal justice which maintain such records and which are reasonably known by either the petitioner or the court to have possession of such records.

      5.  A person may not petition the court to seal records relating to a conviction of:

      (a) A crime against a child;

      (b) A sexual offense;

      (c) A violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to paragraph (c) of subsection 1 of NRS 484C.400;

      (d) A violation of NRS 484C.430;

      (e) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430;

      (f) A violation of NRS 488.410 that is punishable as a felony pursuant to NRS 488.427; or

      (g) A violation of NRS 488.420 or 488.425.

      6.  If the court grants a petition for the sealing of records pursuant to this section, upon the request of the person whose records are sealed, the court may order sealed all records of the civil proceeding in which the records were sealed.

      7.  As used in this section:

      (a) “Crime against a child” has the meaning ascribed to it in NRS 179D.0357.

      (b) “Sexual offense” means:

             (1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

             (2) Sexual assault pursuant to NRS 200.366.

             (3) Statutory sexual seduction pursuant to NRS 200.368, if punishable as a felony.

             (4) Battery with intent to commit sexual assault pursuant to NRS 200.400.

             (5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.

             (6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.

             (7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.

             (8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

             (9) Incest pursuant to NRS 201.180.

             (10) Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony.

             (11) Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.

 

 


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ê2017 Statutes of Nevada, Page 1485 (Chapter 277, AB 243)ê

 

             (12) Lewdness with a child pursuant to NRS 201.230.

             (13) Sexual penetration of a dead human body pursuant to NRS 201.450.

             (14) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.

             (15) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.

             (16) Luring a child or a person with mental illness pursuant to NRS 201.560, if punishable as a felony.

             (17) An attempt to commit an offense listed in this paragraph.

      Sec. 1.5. NRS 179.275 is hereby amended to read as follows:

      179.275  Where the court orders the sealing of a record pursuant to NRS 176A.265, 176A.295, 179.245, 179.255, 179.259, 453.3365 or 458.330, or section 1.2 of this act, a copy of the order must be sent to:

      1.  The Central Repository for Nevada Records of Criminal History; and

      2.  Each agency of criminal justice and each public or private company, agency, official or other custodian of records named in the order, and that person shall seal the records in his or her custody which relate to the matters contained in the order, shall advise the court of compliance and shall then seal the order.

      Sec. 1.6. NRS 179.285 is hereby amended to read as follows:

      179.285  Except as otherwise provided in NRS 179.301:

      1.  If the court orders a record sealed pursuant to NRS 176A.265, 176A.295, 179.245, 179.255, 179.259, 453.3365 or 458.330 [:] or section 1.2 of this act:

      (a) All proceedings recounted in the record are deemed never to have occurred, and the person to whom the order pertains may properly answer accordingly to any inquiry, including, without limitation, an inquiry relating to an application for employment, concerning the arrest, conviction, dismissal or acquittal and the events and proceedings relating to the arrest, conviction, dismissal or acquittal.

      (b) The person is immediately restored to the following civil rights if the person’s civil rights previously have not been restored:

             (1) The right to vote;

             (2) The right to hold office; and

             (3) The right to serve on a jury.

      2.  Upon the sealing of the person’s records, a person who is restored to his or her civil rights pursuant to subsection 1 must be given:

      (a) An official document which demonstrates that the person has been restored to the civil rights set forth in paragraph (b) of subsection 1; and

      (b) A written notice informing the person that he or she has not been restored to the right to bear arms, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms.

      3.  A person who has had his or her records sealed in this State or any other state and whose official documentation of the restoration of civil rights is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his or her civil rights pursuant to this section. Upon verification that the person has had his or her records sealed, the court shall issue an order restoring the person to the civil rights to vote, to hold office and to serve on a jury. A person must not be required to pay a fee to receive such an order.

 


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ê2017 Statutes of Nevada, Page 1486 (Chapter 277, AB 243)ê

 

      4.  A person who has had his or her records sealed in this State or any other state may present official documentation that the person has been restored to his or her civil rights or a court order restoring civil rights as proof that the person has been restored to the right to vote, to hold office and to serve as a juror.

      Sec. 1.7. NRS 179.295 is hereby amended to read as follows:

      179.295  1.  The person who is the subject of the records that are sealed pursuant to NRS 176A.265, 176A.295, 179.245, 179.255, 179.259, 453.3365 or 458.330 or section 1.2 of this act may petition the court that ordered the records sealed to permit inspection of the records by a person named in the petition, and the court may order such inspection. Except as otherwise provided in this section, subsection 8 of NRS 179.255 and NRS 179.259 and 179.301, the court may not order the inspection of the records under any other circumstances.

      2.  If a person has been arrested, the charges have been dismissed and the records of the arrest have been sealed, the court may order the inspection of the records by a prosecuting attorney upon a showing that as a result of newly discovered evidence, the person has been arrested for the same or a similar offense and that there is sufficient evidence reasonably to conclude that the person will stand trial for the offense.

      3.  The court may, upon the application of a prosecuting attorney or an attorney representing a defendant in a criminal action, order an inspection of such records for the purpose of obtaining information relating to persons who were involved in the incident recorded.

      4.  This section does not prohibit a court from considering a conviction for which records have been sealed pursuant to NRS 176A.265, 176A.295, 179.245, 179.255, 179.259, 453.3365 or 458.330 or section 1.2 of this act in determining whether to grant a petition pursuant to NRS 176A.265, 176A.295, 179.245, 179.255, 179.259, 453.3365 or 458.330 for a conviction of another offense.

      Sec. 2. (Deleted by amendment.)

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ê2017 Statutes of Nevada, Page 1487ê

 

CHAPTER 278, AB 292

Assembly Bill No. 292–Assemblymen Carrillo, Fumo, Ohrenschall, Joiner; and Swank

 

Joint Sponsor: Senator Manendo

 

CHAPTER 278

 

[Approved: June 1, 2017]

 

AN ACT relating to education; requiring the principal of a public school to submit a monthly report to his or her direct supervisor that includes certain information relating to reports of bullying or cyber-bullying; requiring the direct supervisor of a principal to report certain information relating to reports of bullying or cyber-bullying to the Office for a Safe and Respectful Learning Environment each quarter; revising provisions relating to the notification of the parents or guardians of the pupils involved in a reported incident of bullying or cyber-bullying; requiring the board of trustees of a school district to reassign a pupil who is a victim of bullying or cyber-bullying to a different school upon request of the parent or guardian of the pupil; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a public school teacher or other staff member who witnesses bullying or cyber-bullying or receives information about an incident of bullying or cyber-bullying to report the matter to the principal or a person designated by the principal. The principal or designee is required to take any necessary action to stop the bullying or cyber-bullying, ensure the safety of the victim and begin an investigation into the report. (NRS 388.1351) This bill requires the board of trustees of the school district in which a pupil is enrolled to assign a pupil who is the victim of bullying or cyber-bullying to a different school upon the request of the parent or guardian of the pupil.

      This bill also requires a principal or designee to submit a monthly report to the direct supervisor of the principal that includes the number of: (1) reports received concerning incidents of bullying or cyber-bullying; (2) times in which a violation is found to have occurred; and (3) times in which no violation is found to have occurred. This bill also requires the direct supervisor of a principal to submit a quarterly report containing this information to the Office for a Safe and Respectful Learning Environment.

      Existing law further provides that the required investigation must include notification to the parents or guardians of all the pupils directly involved in the matter, whether as reported aggressors or victims, and an interview of those pupils. (NRS 388.1351) This bill revises the time by which notification must be provided to the parents or guardians so that such notice is provided before the school’s administrative office closes on: (1) the school day of the day on which the bullying or cyber-bullying is reported, if that day is a school day; or (2) the school day following the day on which the bullying or cyber-bullying is reported, if that day is not a school day.

 


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ê2017 Statutes of Nevada, Page 1488 (Chapter 278, AB 292)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 388.1351 is hereby amended to read as follows:

      388.1351  1.  A teacher, administrator, principal, coach or other staff member who witnesses a violation of NRS 388.135 or receives information that a violation of NRS 388.135 has occurred shall report the violation to the principal or his or her designee as soon as practicable, but not later than a time during the same day on which the teacher, administrator, principal, coach or other staff member witnessed the violation or received information regarding the occurrence of a violation.

      2.  Upon receiving a report required by subsection 1, the principal or designee shall immediately take any necessary action to stop the bullying or cyber-bullying and ensure the safety and well-being of the reported victim or victims of the bullying or cyber-bullying and shall begin an investigation into the report.

      3.  The investigation conducted pursuant to subsection 2 must include, without limitation:

      (a) Except as otherwise provided in subsection [3,] 4, notification provided by telephone, electronic mail or other electronic means or provided in person, of the parents or guardians of all pupils directly involved in the reported bullying or cyber-bullying, as applicable, either as a reported aggressor or a reported victim of the bullying or cyber-bullying. The notification must be provided : [not later than:]

             (1) If the bullying or cyber-bullying is reported before the end of school hours on a school day, [6 p.m.] before the school’s administrative office closes on the day on which the bullying or cyber-bullying is reported; or

             (2) If the bullying or cyber-bullying was reported on a day that is not a school day, or after school hours on a school day, [6 p.m.] before the school’s administrative office closes on the school day following the day on which the bullying or cyber-bullying is reported.

      (b) Interviews with all pupils whose parents or guardians must be notified pursuant to paragraph (a) and with all such parents and guardians.

      [3.] 4.  If the contact information for the parent or guardian of a pupil in the records of the school is not correct, a good faith effort to notify the parent or guardian shall be deemed sufficient to meet the requirement for notification pursuant to paragraph (a) of subsection [2.] 3.

      [4.] 5.  Except as otherwise provided in this subsection, an investigation required by this section must be completed not later than 2 school days after the principal or designee receives a report required by subsection 1. If the principal or designee is not able to complete the interviews required by paragraph (b) of subsection [2] 3 within 2 school days after making a good faith effort because any of the persons to be interviewed is not available, 1 additional school day may be used to complete the investigation.

      [5.] 6.  A principal or designee who conducts an investigation required by this section shall complete a written report of the findings and conclusions of the investigation. If a violation is found to have occurred, the report must include recommendations concerning the imposition of disciplinary action or other measures to be imposed as a result of the violation, in accordance with the policy governing disciplinary action adopted by the board of trustees of the school district.

 


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ê2017 Statutes of Nevada, Page 1489 (Chapter 278, AB 292)ê

 

the policy governing disciplinary action adopted by the board of trustees of the school district. Subject to the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, the report must be made available, not later than 24 hours after the completion of the written report, to all parents or guardians who must be notified pursuant to paragraph (a) of subsection [2] 3 as part of the investigation.

      [6.] 7.  Not later than 10 school days after receiving a report required by subsection 1, the principal or designee shall meet with each reported victim of the bullying or cyber-bullying to inquire about the well-being of the reported victim and to ensure that the reported bullying or cyber-bullying, as applicable, is not continuing.

      [7.] 8.  To the extent that information is available, the principal or his or her designee shall provide a list of any resources that may be available in the community to assist a pupil to each parent or guardian of a pupil to whom notice was provided pursuant to this section as soon as practicable. Such a list may include, without limitation, resources available at no charge or at a reduced cost. If such a list is provided, the principal, his or her designee, or any employee of the school or the school district is not responsible for providing such resources to the pupil or ensuring the pupil receives such resources.

      [8.] 9.  The parent or guardian of a pupil involved in the reported violation of NRS 388.135 may appeal a disciplinary decision of the principal or his or her designee, made against the pupil as a result of the violation, in accordance with the policy governing disciplinary action adopted by the board of trustees of the school district. Not later than 30 days after receiving a response provided in accordance with such a policy, the parent or guardian may submit a complaint to the Department. The Department shall consider and respond to the complaint pursuant to procedures and standards prescribed in regulations adopted by the Department.

      10.  If a violation of NRS 388.135 is found to have occurred, the parent or guardian of a pupil who is a victim of bullying or cyber-bullying may request that the board of trustees of the school district in which the pupil is enrolled to assign the pupil to a different school in the school district. Upon receiving such a request, the board of trustees shall, in consultation with the parent or guardian of the pupil, assign the pupil to a different school.

      11.  A principal or his or her designee shall submit a monthly report to the direct supervisor of the principal that includes for the school the number of:

      (a) Reports received pursuant to subsection 1;

      (b) Times in which a violation of NRS 388.135 is found to have occurred; and

      (c) Times in which no violation of NRS 388.135 is found to have occurred.

      12.  A direct supervisor who receives a monthly report pursuant to subsection 11 shall, each calendar quarter, submit a report to the Office for a Safe and Respectful Learning Environment that includes, for the schools for which the direct supervisor has received a monthly report in the calendar quarter, the:

 


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ê2017 Statutes of Nevada, Page 1490 (Chapter 278, AB 292)ê

 

      (a) Total number of reports received pursuant to subsection 1;

      (b) Number of times in which a violation of NRS 388.135 is found to have occurred; and

      (c) Number of times in which no violation of NRS 388.135 is found to have occurred.

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

________

CHAPTER 279, AB 299

Assembly Bill No. 299–Assemblymen Cohen; Jauregui, Ohrenschall and Swank

 

CHAPTER 279

 

[Approved: June 1, 2017]

 

AN ACT relating to health care; requiring the Legislative Committee on Senior Citizens, Veterans and Adults with Special Needs to conduct a study during the 2017-2018 interim concerning standards of training for unlicensed persons who provide care at certain facilities or homes or through certain agencies or providers; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Legislative Committee on Senior Citizens, Veterans and Adults with Special Needs. (NRS 218E.750) This bill requires the Committee to conduct a study during the 2017-2018 interim concerning standards of training for a person who is not a provider of health care and who provides care to a person through employment or contract with a facility for intermediate care, facility for skilled nursing, agency to provide nursing in the home, agency to provide personal care services in the home, facility for the care of adults during the day, residential facility for groups, home for individual residential care or a provider of community-based living arrangement services or supported living arrangement services. In addition, this bill requires the Committee to study the creation of a competency evaluation for a person who receives such training concerning the provision of care.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The Legislative Committee on Senior Citizens, Veterans and Adults with Special Needs created by NRS 218E.750 shall conduct a study during the 2017-2018 interim concerning standards of training for persons who are not providers of health care and who provide care to a person through employment or a contractual arrangement with a facility for intermediate care, facility for skilled nursing, facility for the care of adults during the day, residential facility for groups, home for individual residential care, an agency to provide nursing in the home, an agency to provide personal care services in the home or a provider of community-based living arrangement services or supported living arrangement services.

 

 


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ê2017 Statutes of Nevada, Page 1491 (Chapter 279, AB 299)ê

 

      2.  In conducting the study, the Committee shall consider:

      (a) The specific types of training that a person who is not a provider of health care must receive before providing care to a person in a facility or home or through an agency or provider described in subsection 1; and

      (b) The creation of a competency evaluation that a person who is not a provider of health care must successfully complete concerning the types of care the person will provide at a facility or home or through an agency or provider described in subsection 1.

      3.  The Committee shall include in its report required by subsection 3 of NRS 218E.760 on or before January 15, 2019, the results of the study conducted pursuant to this section and any recommendations for legislation.

      4.  As used in this section:

      (a) “Agency to provide nursing in the home” has the meaning ascribed to it in NRS 449.0015.

      (b) “Agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021.

      (c) “Community-based living arrangement services” means flexible, individualized services, including, without limitation, training and habilitation services, that are:

             (1) Provided in the home, for compensation, to persons with mental illness or persons with related conditions who are served by the Division of Public and Behavioral Health of the Department of Health and Human Services or any other entity; and

             (2) Designed and coordinated to assist such persons in maximizing their independence.

      (d) “Facility for intermediate care” has the meaning ascribed to it in NRS 449.0038.

      (e) “Facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039.

      (f) “Facility for the care of adults during the day” has the meaning ascribed to it in NRS 449.004.

      (g) “Home for individual residential care” has the meaning ascribed to it in NRS 449.0105.

      (h) “Residential facility for groups” has the meaning ascribed to it in NRS 449.017.

      (i) “Supported living arrangement services” has the meaning ascribed to it in NRS 435.3315.

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

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ê2017 Statutes of Nevada, Page 1492ê

 

CHAPTER 280, AB 304

Assembly Bill No. 304–Committee on Health and Human Services

 

CHAPTER 280

 

[Approved: June 1, 2017]

 

AN ACT relating to autism; revising certain provisions relating to eligibility for services provided or coordinated by the Autism Treatment Assistance Program within the Aging and Disabilities Services Division of the Department of Health and Human Services; redefining the term “autism spectrum disorder” for certain purposes; requiring an insurer to reimburse an early intervention agency for certain services; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Autism Treatment Assistance Program within the Aging and Disabilities Services Division of the Department of Health and Human Services to provide and coordinate the provision of services to certain persons “with” autism spectrum disorders. (NRS 427A.875) Section 1 of this bill revises this language to provide for the provision of services to persons who are “diagnosed or determined” to have such disorders.

      For purposes relating to the Program and required insurance coverage, existing law defines the terms “autism spectrum disorder” or “autism spectrum disorders” to mean “a neurobiological medical condition including, without limitation, autistic disorder, Asperger’s Disorder and Pervasive Developmental Disorder Not Otherwise Specified.” (NRS 287.0276, 427A.875, 689A.0435, 689B.0335, 689C.1655, 695C.1717, 695G.1645) Sections 1-7 of this bill revise the definition to mean a condition that meets the diagnostic criteria for autism spectrum disorder published in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or the edition of the Manual that was in effect at the time the condition was diagnosed or determined.

      Existing law requires an insurer to provide coverage for screening for and diagnosis of autism spectrum disorders and treatment of autism spectrum disorders to certain young persons covered by the insurer. (NRS 287.0276, 689A.0435, 689B.0335, 689C.1655, 695C.1717, 695G.1645) Sections 2-7 of this bill remove a provision stating that an insurer is not required to provide reimbursement to an early intervention agency, thereby requiring an insurer to reimburse such an agency that performs services for which reimbursement is otherwise required.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 427A.875 is hereby amended to read as follows:

      427A.875  1.  There is hereby established the Autism Treatment Assistance Program within the Division to serve as the primary autism program within the Department and to provide and coordinate the provision of services to persons [with] diagnosed or determined, including, without limitation, through the use of a standardized assessment, to have autism spectrum disorders through the age of 19 years.

      2.  The Autism Treatment Assistance Program shall:

 


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ê2017 Statutes of Nevada, Page 1493 (Chapter 280, AB 304)ê

 

      (a) Prescribe an application process for parents and guardians of persons with autism spectrum disorders to participate in the Program.

      (b) Provide for the development of a plan of treatment for persons who participate in the Program.

      (c) Promote the use of evidence-based treatments which are cost effective and have been proven to improve treatment of autism spectrum disorders.

      (d) Educate parents and guardians of persons with autism spectrum disorders on autism spectrum disorders and the assistance that may be provided by the parent or guardian to improve treatment outcomes.

      (e) Establish and use a system for assessing persons with autism spectrum disorders to determine a baseline to measure the progress of and prepare a plan for the treatment of such persons.

      (f) Assist parents and guardians of persons with autism spectrum disorders in obtaining public services that are available for the treatment of autism spectrum disorders.

      3.  A plan of treatment developed for a person who participates in the Program pursuant to paragraph (b) of subsection 2 must:

      (a) Identify the specific behaviors of the person to be addressed and the expected outcomes.

      (b) Include, without limitation, preparations for transitioning the person from one provider of treatment to another or from one public program to another, as the needs of the person require through the age of 19 years.

      (c) Be revised to address any change in the needs of the person.

      4.  The policies of the Autism Treatment Assistance Program and any services provided by the Program must be developed in cooperation with and be approved by the Nevada Autism Task Force created by section 40 of chapter 348, Statutes of Nevada 2007, or its successor organization.

      5.  As used in this section, “autism spectrum disorder” means a [neurobiological medical] condition [including, without limitation, autistic disorder, Asperger’s Disorder and Pervasive Developmental Disorder Not Otherwise Specified.] that meets the diagnostic criteria for autism spectrum disorder published in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or the edition thereof that was in effect at the time the condition was diagnosed or determined.

      Sec. 2. NRS 287.0276 is hereby amended to read as follows:

      287.0276  1.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the plan of self-insurance under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

      2.  Coverage provided under this section is subject to:

      (a) A maximum benefit of the actuarial equivalent of $72,000 per year for applied behavior analysis treatment; and

      (b) Copayment, deductible and coinsurance provisions and any other general exclusion or limitation of a plan of self-insurance to the same extent as other medical services or prescription drugs covered by the policy.

 


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ê2017 Statutes of Nevada, Page 1494 (Chapter 280, AB 304)ê

 

      3.  A governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance which provides coverage for outpatient care shall not:

      (a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the plan of self-insurance; or

      (b) Refuse to issue a plan of self-insurance or cancel a plan of self-insurance solely because the person applying for or covered by the plan of self-insurance uses or may use in the future any of the services listed in subsection 1.

      4.  Except as otherwise provided in subsections 1 and 2, a governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance shall not limit the number of visits an insured may make to any person, entity or group for treatment of autism spectrum disorders.

      5.  Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, behavioral therapy or therapeutic care that is:

      (a) Prescribed for a person diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist; and

      (b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.

Ê A governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance may request a copy of and review a treatment plan created pursuant to this subsection.

      6.  A plan of self-insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2011, has the legal effect of including the coverage required by subsection 1, and any provision of the plan of self-insurance or the renewal which is in conflict with subsections 1 or 2 is void.

      7.  Nothing in this section shall be construed as requiring a governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance to provide reimbursement to [an early intervention agency or] a school for services delivered through [early intervention or] school services.

      8.  As used in this section:

      (a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

 


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ê2017 Statutes of Nevada, Page 1495 (Chapter 280, AB 304)ê

 

      (b) “Autism behavior interventionist” means a person who is registered as a Registered Behavior Technician or an equivalent credential by the Behavior Analyst Certification Board, Inc., or its successor organization, and provides behavioral therapy under the supervision of:

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.

      (c) “Autism spectrum [disorders” means a neurobiological medical condition including, without limitation, autistic disorder, Asperger’s Disorder and Pervasive Development Disorder Not Otherwise Specified.] disorder” has the meaning ascribed to it in NRS 427A.875.

      (d) “Behavioral therapy” means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst or autism behavior interventionist.

      (e) “Evidence-based research” means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.

      (f) “Habilitative or rehabilitative care” means counseling, guidance and professional services and treatment programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.

      (g) “Licensed assistant behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Board of Psychological Examiners and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

      (h) “Licensed behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified behavior analyst or a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and who is licensed as a behavior analyst by the Board of Psychological Examiners.

      (i) “Prescription care” means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.

      (j) “Psychiatric care” means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.

      (k) “Psychological care” means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.

      (l) “Screening for autism spectrum disorders” means all medically appropriate assessments, evaluations or tests to diagnose whether a person has an autism spectrum disorder.

      (m) “Therapeutic care” means services provided by licensed or certified speech-language pathologists, occupational therapists and physical therapists.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 1496 (Chapter 280, AB 304)ê

 

      (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.

      Sec. 3. NRS 689A.0435 is hereby amended to read as follows:

      689A.0435  1.  A health benefit plan must provide an option of coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders for persons covered by the policy under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

      2.  Optional coverage provided pursuant to this section must be subject to:

      (a) A maximum benefit of not less than the actuarial equivalent of $72,000 per year for applied behavior analysis treatment; and

      (b) Copayment, deductible and coinsurance provisions and any other general exclusions or limitations of a policy of health insurance to the same extent as other medical services or prescription drugs covered by the policy.

      3.  A health benefit plan that offers or issues a policy of health insurance which provides coverage for outpatient care shall not:

      (a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for optional coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the policy; or

      (b) Refuse to issue a policy of health insurance or cancel a policy of health insurance solely because the person applying for or covered by the policy uses or may use in the future any of the services listed in subsection 1.

      4.  Except as otherwise provided in subsections 1 and 2, an insurer who offers optional coverage pursuant to subsection 1 shall not limit the number of visits an insured may make to any person, entity or group for treatment of autism spectrum disorders.

      5.  Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, behavioral therapy or therapeutic care that is:

      (a) Prescribed for a person diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist; and

      (b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.

Ê An insurer may request a copy of and review a treatment plan created pursuant to this subsection.

      6.  Nothing in this section shall be construed as requiring an insurer to provide reimbursement to [an early intervention agency or] a school for services delivered through [early intervention or] school services.

      7.  As used in this section:

      (a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 1497 (Chapter 280, AB 304)ê

 

      (b) “Autism behavior interventionist” means a person who is registered as a Registered Behavior Technician or an equivalent credential by the Behavior Analyst Certification Board, Inc., or its successor organization, and provides behavioral therapy under the supervision of:

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.

      (c) “Autism spectrum [disorders” means a neurobiological medical condition including, without limitation, autistic disorder, Asperger’s Disorder and Pervasive Developmental Disorder Not Otherwise Specified.] disorder” has the meaning ascribed to it in NRS 427A.875.

      (d) “Behavioral therapy” means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst or autism behavior interventionist.

      (e) “Evidence-based research” means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.

      (f) “Habilitative or rehabilitative care” means counseling, guidance and professional services and treatment programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.

      (g) “Licensed assistant behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Board of Psychological Examiners and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

      (h) “Licensed behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified behavior analyst or a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, and who is licensed as a behavior analyst by the Board of Psychological Examiners.

      (i) “Prescription care” means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.

      (j) “Psychiatric care” means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.

      (k) “Psychological care” means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.

      (l) “Screening for autism spectrum disorders” means medically necessary assessments, evaluations or tests to screen and diagnose whether a person has an autism spectrum disorder.

      (m) “Therapeutic care” means services provided by licensed or certified speech-language pathologists, occupational therapists and physical therapists.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 1498 (Chapter 280, AB 304)ê

 

      (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.

      Sec. 4. NRS 689B.0335 is hereby amended to read as follows:

      689B.0335  1.  A health benefit plan must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the policy of group health insurance under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

      2.  Coverage provided under this section is subject to:

      (a) A maximum benefit of the actuarial equivalent of $72,000 per year for applied behavior analysis treatment; and

      (b) Copayment, deductible and coinsurance provisions and any other general exclusion or limitation of a policy of group health insurance to the same extent as other medical services or prescription drugs covered by the policy.

      3.  A health benefit plan that offers or issues a policy of group health insurance which provides coverage for outpatient care shall not:

      (a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the policy; or

      (b) Refuse to issue a policy of group health insurance or cancel a policy of group health insurance solely because the person applying for or covered by the policy uses or may use in the future any of the services listed in subsection 1.

      4.  Except as otherwise provided in subsections 1 and 2, an insurer shall not limit the number of visits an insured may make to any person, entity or group for treatment of autism spectrum disorders.

      5.  Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, behavioral therapy or therapeutic care that is:

      (a) Prescribed for a person diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist; and

      (b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.

Ê An insurer may request a copy of and review a treatment plan created pursuant to this subsection.

      6.  A policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2011, has the legal effect of including the coverage required by subsection 1, and any provision of the policy or the renewal which is in conflict with subsection 1 or 2 is void.

      7.  Nothing in this section shall be construed as requiring an insurer to provide reimbursement to [an early intervention agency or] a school for services delivered through [early intervention or] school services.

      8.  As used in this section:

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 1499 (Chapter 280, AB 304)ê

 

      (a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

      (b) “Autism behavior interventionist” means a person who is registered as a Registered Behavior Technician or an equivalent credential by the Behavior Analyst Certification Board, Inc., or its successor organization, and provides behavioral therapy under the supervision of:

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.

      (c) “Autism spectrum [disorders” means a neurobiological medical condition including, without limitation, autistic disorder, Asperger’s Disorder and Pervasive Developmental Disorder Not Otherwise Specified.] disorder” has the meaning ascribed to it in NRS 427A.875.

      (d) “Behavioral therapy” means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst or autism behavior interventionist.

      (e) “Evidence-based research” means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.

      (f) “Habilitative or rehabilitative care” means counseling, guidance and professional services and treatment programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.

      (g) “Licensed assistant behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Board of Psychological Examiners and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

      (h) “Licensed behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified behavior analyst or a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and who is licensed as a behavior analyst by the Board of Psychological Examiners.

      (i) “Prescription care” means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.

      (j) “Psychiatric care” means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.

      (k) “Psychological care” means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 1500 (Chapter 280, AB 304)ê

 

      (l) “Screening for autism spectrum disorders” means medically necessary assessments, evaluations or tests to screen and diagnose whether a person has an autism spectrum disorder.

      (m) “Therapeutic care” means services provided by licensed or certified speech-language pathologists, occupational therapists and physical therapists.

      (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.

      Sec. 5. NRS 689C.1655 is hereby amended to read as follows:

      689C.1655  1.  A health benefit plan must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the health benefit plan under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

      2.  Coverage provided under this section is subject to:

      (a) A maximum benefit of the actuarial equivalent of $72,000 per year for applied behavior analysis treatment; and

      (b) Copayment, deductible and coinsurance provisions and any other general exclusion or limitation of a health benefit plan to the same extent as other medical services or prescription drugs covered by the plan.

      3.  A health benefit plan that offers or issues a policy of group health insurance which provides coverage for outpatient care shall not:

      (a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the plan; or

      (b) Refuse to issue a health benefit plan or cancel a health benefit plan solely because the person applying for or covered by the plan uses or may use in the future any of the services listed in subsection 1.

      4.  Except as otherwise provided in subsections 1 and 2, a carrier shall not limit the number of visits an insured may make to any person, entity or group for treatment of autism spectrum disorders.

      5.  Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, behavioral therapy or therapeutic care that is:

      (a) Prescribed for a person diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist; and

      (b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.

Ê A carrier may request a copy of and review a treatment plan created pursuant to this subsection.

      6.  A health benefit plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2011, has the legal effect of including the coverage required by subsection 1, and any provision of the plan or the renewal which is in conflict with subsection 1 or 2 is void.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 1501 (Chapter 280, AB 304)ê

 

      7.  Nothing in this section shall be construed as requiring a carrier to provide reimbursement to [an early intervention agency or] a school for services delivered through [early intervention or] school services.

      8.  As used in this section:

      (a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

      (b) “Autism behavior interventionist” means a person who is registered as a Registered Behavior Technician or an equivalent credential by the Behavior Analyst Certification Board, Inc., or its successor organization, and provides behavioral therapy under the supervision of:

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.

      (c) “Autism spectrum [disorders” means a neurobiological medical condition including, without limitation, autistic disorder, Asperger’s Disorder and Pervasive Developmental Disorder Not Otherwise Specified.] disorder” has the meaning ascribed to it in NRS 427A.875.

      (d) “Behavioral therapy” means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst or autism behavior interventionist.

      (e) “Evidence-based research” means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.

      (f) “Habilitative or rehabilitative care” means counseling, guidance and professional services and treatment programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.

      (g) “Licensed assistant behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Board of Psychological Examiners and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

      (h) “Licensed behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified behavior analyst or a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and who is licensed as a behavior analyst by the Board of Psychological Examiners.

      (i) “Prescription care” means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.

      (j) “Psychiatric care” means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 1502 (Chapter 280, AB 304)ê

 

      (k) “Psychological care” means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.

      (l) “Screening for autism spectrum disorders” means medically necessary assessments, evaluations or tests to screen and diagnose whether a person has an autism spectrum disorder.

      (m) “Therapeutic care” means services provided by licensed or certified speech-language pathologists, occupational therapists and physical therapists.

      (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.

      Sec. 6. NRS 695C.1717 is hereby amended to read as follows:

      695C.1717  1.  A health care plan issued by a health maintenance organization must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the health care plan under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

      2.  Coverage provided under this section is subject to:

      (a) A maximum benefit of the actuarial equivalent of $72,000 per year for applied behavior analysis treatment; and

      (b) Copayment, deductible and coinsurance provisions and any other general exclusion or limitation of a health care plan to the same extent as other medical services or prescription drugs covered by the plan.

      3.  A health care plan issued by a health maintenance organization that provides coverage for outpatient care shall not:

      (a) Require an enrollee to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the plan; or

      (b) Refuse to issue a health care plan or cancel a health care plan solely because the person applying for or covered by the plan uses or may use in the future any of the services listed in subsection 1.

      4.  Except as otherwise provided in subsections 1 and 2, a health maintenance organization shall not limit the number of visits an enrollee may make to any person, entity or group for treatment of autism spectrum disorders.

      5.  Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, behavioral therapy or therapeutic care that is:

      (a) Prescribed for a person diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist; and

      (b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.

Ê A health maintenance organization may request a copy of and review a treatment plan created pursuant to this subsection.

      6.  Evidence of coverage subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2011, has the legal effect of including the coverage required by subsection 1, and any provision of the evidence of coverage or the renewal which is in conflict with subsection 1 or 2 is void.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 1503 (Chapter 280, AB 304)ê

 

legal effect of including the coverage required by subsection 1, and any provision of the evidence of coverage or the renewal which is in conflict with subsection 1 or 2 is void.

      7.  Nothing in this section shall be construed as requiring a health maintenance organization to provide reimbursement to [an early intervention agency or] a school for services delivered through [early intervention or] school services.

      8.  As used in this section:

      (a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

      (b) “Autism behavior interventionist” means a person who is registered as a Registered Behavior Technician or an equivalent credential by the Behavior Analyst Certification Board, Inc., or its successor organization, and provides behavioral therapy under the supervision of:

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.

      (c) “Autism spectrum [disorders” means a neurobiological medical condition including, without limitation, autistic disorder, Asperger’s Disorder and Pervasive Developmental Disorder Not Otherwise Specified.] disorder” has the meaning ascribed to it in NRS 427A.875.

      (d) “Behavioral therapy” means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst or autism behavior interventionist.

      (e) “Evidence-based research” means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.

      (f) “Habilitative or rehabilitative care” means counseling, guidance and professional services and treatment programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.

      (g) “Licensed assistant behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Board of Psychological Examiners and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

      (h) “Licensed behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified behavior analyst or a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and who is licensed as a behavior analyst by the Board of Psychological Examiners.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 1504 (Chapter 280, AB 304)ê

 

      (i) “Prescription care” means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.

      (j) “Psychiatric care” means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.

      (k) “Psychological care” means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.

      (l) “Screening for autism spectrum disorders” means medically necessary assessments, evaluations or tests to screen and diagnose whether a person has an autism spectrum disorder.

      (m) “Therapeutic care” means services provided by licensed or certified speech-language pathologists, occupational therapists and physical therapists.

      (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.

      Sec. 7. NRS 695G.1645 is hereby amended to read as follows:

      695G.1645  1.  A health care plan issued by a managed care organization for group coverage must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the health care plan under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

      2.  A health care plan issued by a managed care organization for individual coverage must provide an option for coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the health care plan under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

      3.  Coverage provided under this section is subject to:

      (a) A maximum benefit of the actuarial equivalent of $72,000 per year for applied behavior analysis treatment; and

      (b) Copayment, deductible and coinsurance provisions and any other general exclusion or limitation of a health care plan to the same extent as other medical services or prescription drugs covered by the plan.

      4.  A managed care organization that offers or issues a health care plan which provides coverage for outpatient care shall not:

      (a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the plan; or

      (b) Refuse to issue a health care plan or cancel a health care plan solely because the person applying for or covered by the plan uses or may use in the future any of the services listed in subsection 1.

      5.  Except as otherwise provided in subsections 1, 2 and 3, a managed care organization shall not limit the number of visits an insured may make to any person, entity or group for treatment of autism spectrum disorders.

 

 

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 1505 (Chapter 280, AB 304)ê

 

      6.  Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, behavioral therapy or therapeutic care that is:

      (a) Prescribed for a person diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist; and

      (b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.

Ê A managed care organization may request a copy of and review a treatment plan created pursuant to this subsection.

      7.  An evidence of coverage subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2011, has the legal effect of including the coverage required by subsection 1, and any provision of the evidence of coverage or the renewal which is in conflict with subsection 1 or 3 is void.

      8.  Nothing in this section shall be construed as requiring a managed care organization to provide reimbursement to [an early intervention agency or] a school for services delivered through [early intervention or] school services.

      9.  As used in this section:

      (a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

      (b) “Autism behavior interventionist” means a person who is registered as a Registered Behavior Technician or an equivalent credential by the Behavior Analyst Certification Board, Inc., or its successor organization, and provides behavioral therapy under the supervision of:

             (1) A licensed psychologist;

             (2) A licensed behavior analyst; or

             (3) A licensed assistant behavior analyst.

      (c) “Autism spectrum [disorders” means a neurobiological medical condition including, without limitation, autistic disorder, Asperger’s Disorder and Pervasive Developmental Disorder Not Otherwise Specified.] disorder” has the meaning ascribed to it in NRS 427A.875.

      (d) “Behavioral therapy” means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst or autism behavior interventionist.

      (e) “Evidence-based research” means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.

 

 

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 1506 (Chapter 280, AB 304)ê

 

      (f) “Habilitative or rehabilitative care” means counseling, guidance and professional services and treatment programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.

      (g) “Licensed assistant behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Board of Psychological Examiners and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

      (h) “Licensed behavior analyst” means a person who holds current certification or meets the standards to be certified as a board certified behavior analyst or a board certified assistant behavior analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and who is licensed as a behavior analyst by the Board of Psychological Examiners.

      (i) “Prescription care” means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.

      (j) “Psychiatric care” means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.

      (k) “Psychological care” means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.

      (l) “Screening for autism spectrum disorders” means medically necessary assessments, evaluations or tests to screen and diagnose whether a person has an autism spectrum disorder.

      (m) “Therapeutic care” means services provided by licensed or certified speech-language pathologists, occupational therapists and physical therapists.

      (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.

      Sec. 7.5.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 8.  This act becomes effective on July 1, 2017.

________

 

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 1507ê

 

CHAPTER 281, AB 381

Assembly Bill No. 381–Assemblywoman Spiegel

 

CHAPTER 281

 

[Approved: June 1, 2017]

 

AN ACT relating to health insurance; prohibiting an insurer from taking certain actions concerning prescription drugs covered by certain policies of health insurance; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, policies of health insurance may provide coverage for prescription drugs. Prescription drugs which are covered by a policy of health insurance are organized into a formulary, which is an official list of the prescription drugs, and that formulary may be subcategorized based upon the cost to the insured person to purchase the prescription drug under the policy of health insurance. These subcategories are referred to as tiers. If a particular prescription drug is moved by the insurer from a lower cost tier to a higher cost tier, the insured person purchasing the prescription drug will need to pay more to purchase the prescription drug after the prescription drug is moved to the higher cost tier.

      Section 1 of this bill prohibits certain insurers from moving a prescription drug from a lower cost tier to a higher cost tier under certain policies of health insurance issued to an individual or a small employer, except on specified dates or when an applicable generic drug is added to the formulary under specified circumstances. Section 1 does not prevent such an insurer from: (1) moving a prescription drug from a higher cost tier to a lower cost tier; (2) removing a prescription drug from a formulary; or (3) adding a prescription drug to a formulary. Further, section 1 does not limit the conditions under which a pharmacist is otherwise authorized or required to substitute: (1) a generic drug for a drug prescribed by brand name; or (2) an interchangeable biological product for a biological product prescribed by brand name.

 

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 687B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a policy of health insurance issued to an individual pursuant to chapter 689A, 695B or 695C of NRS includes coverage for a prescription drug pursuant to a formulary with more than one cost tier, the insurer may move the prescription drug from a lower cost tier to a higher cost tier only:

      (a) On January 1; and

      (b) On any date on which the insurer adds to the formulary a generic prescription drug that:

             (1) Has been approved by the Food and Drug Administration for use as an alternative to the original prescription drug; and

             (2) Is being added to the formulary at:

                   (I) The same cost tier from which the original prescription drug is being moved; or

                   (II) A cost tier which has a smaller deductible, copayment or coinsurance than the cost tier from which the original prescription drug is being moved.

 


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ê2017 Statutes of Nevada, Page 1508 (Chapter 281, AB 381)ê

 

      2.  If a policy of health insurance issued to a small employer pursuant to chapter 689C, 695B or 695C of NRS includes coverage for a prescription drug pursuant to a formulary with more than one cost tier, the insurer may move the prescription drug from a lower cost tier to a higher cost tier only:

      (a) On January 1;

      (b) On July 1; and

      (c) On any date on which the insurer adds to the formulary a generic prescription drug that:

             (1) Has been approved by the Food and Drug Administration for use as an alternative to the original prescription drug; and

             (2) Is being added to the formulary at:

                   (I) The same cost tier from which the original prescription drug is being moved; or

                   (II) A cost tier which has a smaller deductible, copayment or coinsurance than the cost tier from which the original prescription drug is being moved.

      3.  The provisions of this section do not prevent an insurer, at any time, from:

      (a) Moving a prescription drug from a higher cost tier of a formulary to a lower cost tier of the formulary;

      (b) Removing a prescription drug from a formulary; or

      (c) Adding a prescription drug to a formulary.

      4.  This section does not apply to a grandfathered plan.

      5.  The provisions of this section must not be construed to limit the conditions under which a pharmacist is otherwise authorized or required by law to substitute:

      (a) A generic drug for a drug prescribed by brand name; or

      (b) An interchangeable biological product for a biological product prescribed by brand name.

      6.  As used in this section:

      (a) “Biological product” has the meaning ascribed to it in section 2 of Assembly Bill No. 245 of this session.

      (b) “Individual carrier” has the meaning ascribed to it in NRS 689A.550.

      (c) “Insurer” includes, without limitation:

             (1) An individual carrier; and

             (2) A governmental entity which offers, administers or otherwise provides a policy of health insurance.

      (d) “Interchangeable biological product” has the meaning ascribed to it in section 3 of Assembly Bill No. 245 of this session.

      (e) “Small employer” has the meaning ascribed to it in NRS 689C.095.

      Secs. 2-4. (Deleted by amendment.)

      Sec. 5.  This act becomes effective on January 1, 2019.

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ê2017 Statutes of Nevada, Page 1509ê

 

CHAPTER 282, AB 449

Assembly Bill No. 449–Committee on Ways and Means

 

CHAPTER 282

 

[Approved: June 1, 2017]

 

AN ACT relating to public lands; establishing the last Saturday in September of each year as “Public Lands Day” in the State of Nevada; authorizing the Governor to issue annually a proclamation encouraging the observance of Public Lands Day; requiring the Division of State Parks of the State Department of Conservation and Natural Resources to allow residents of this State to enter, camp and boat in all state parks and recreational areas in this State without the payment of any fees during Public Lands Day; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, various days and weeks of observance are recognized in this State. (NRS 236.018-236.085) Section 1 of this bill establishes the last Saturday in September of each year as “Public Lands Day” in the State of Nevada and authorizes the Governor to issue annually a proclamation encouraging the observance of Public Lands Day.

      Existing law requires the Division of State Parks of the State Department of Conservation and Natural Resources to impose and collect, subject to approval by the Director of the Department, reasonable fees for entering, camping and boating in state parks and recreational areas in this State. (NRS 407.065) Section 2 of this bill requires the Division to allow residents of this State to enter, camp and boat in all state parks and recreational areas in this State without the payment of any fees during Public Lands Day. Section 2 also provides that the free day of camping must include either the Friday night before Public Lands Day or overnight on the night of Public Lands Day, as determined by the Administrator of the Division for each state park and recreational area.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 236 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The last Saturday in September of each year is established as “Public Lands Day” in the State of Nevada.

      2.  The Governor may issue annually a proclamation encouraging the observance of Public Lands Day. The proclamation may, without limitation:

      (a) Call upon the news media, state and local officers, private nonprofit groups and foundations, schools, businesses and other public and private entities to bring to the attention of the residents of this State the importance of public lands in the State of Nevada; and

      (b) Recognize the economic, scenic and other value of public lands in this State.

 

 


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ê2017 Statutes of Nevada, Page 1510 (Chapter 282, AB 449)ê

 

      Sec. 2. NRS 407.065 is hereby amended to read as follows:

      407.065  1.  The Administrator, subject to the approval of the Director:

      (a) Except as otherwise provided in this paragraph and NRS 407.066, may establish, name, plan, operate, control, protect, develop and maintain state parks, monuments and recreational areas for the use of the general public. The name of an existing state park, monument or recreational area may not be changed unless the Legislature approves the change by statute.

      (b) Shall protect state parks and property controlled or administered by the Division from misuse or damage and preserve the peace within those areas. The Administrator may appoint or designate certain employees of the Division to have the general authority of peace officers.

      (c) May allow multiple use of state parks and real property controlled or administered by the Division for any lawful purpose, including, but not limited to, grazing, mining, development of natural resources, hunting and fishing, in accordance with such regulations as may be adopted in furtherance of the purposes of the Division.

      (d) Except as otherwise provided in this [paragraph,] section, shall impose and collect reasonable fees for entering, camping and boating in state parks and recreational areas. The Division shall issue an annual permit for entering, camping and boating in all state parks and recreational areas in this State:

             (1) Upon application therefor and proof of residency and age, to any person who is 65 years of age or older and has resided in this State for at least 5 years immediately preceding the date on which the application is submitted.

             (2) Upon application therefor and proof of residency and proof of status as described in subsection 5 of NRS 361.091, to a bona fide resident of the State of Nevada who has incurred a permanent service-connected disability of 10 percent or more and has been honorably discharged from the Armed Forces of the United States.

Ê The permit must be issued without charge, except that the Division shall charge and collect an administrative fee for the issuance of the permit in an amount sufficient to cover the costs of issuing the permit.

      (e) May conduct and operate such special services as may be necessary for the comfort and convenience of the general public, and impose and collect reasonable fees for such special services.

      (f) May rent or lease concessions located within the boundaries of state parks or of real property controlled or administered by the Division to public or private corporations, to groups of natural persons, or to natural persons for a valuable consideration upon such terms and conditions as the Division deems fit and proper, but no concessionaire may dominate any state park operation.

      (g) May establish such capital projects construction funds as are necessary to account for the parks improvements program approved by the Legislature. The money in these funds must be used for the construction and improvement of those parks which are under the supervision of the Administrator.

 

 

 

 


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ê2017 Statutes of Nevada, Page 1511 (Chapter 282, AB 449)ê

 

      (h) In addition to any concession specified in paragraph (f), may establish concessions within the boundaries of any state park to provide for the sale of food, drinks, ice, publications, sundries, gifts and souvenirs, and other such related items as the Administrator determines are appropriately made available to visitors. Any money received by the Administrator for a concession established pursuant to this paragraph must be deposited in the Account for State Park Interpretative and Educational Programs and Operation of Concessions created by NRS 407.0755.

      2.  The Administrator:

      (a) Shall issue an annual permit to a person who pays a reasonable fee as prescribed by regulation which authorizes the holder of the permit to enter each state park and each recreational area in this State and, except as otherwise provided in subsection 3, use the facilities of the state park or recreational area without paying the entrance fee; and

      (b) May issue an annual permit to a person who pays a reasonable fee as prescribed by regulation which authorizes the holder of the permit to enter a specific state park or specific recreational area in this State and, except as otherwise provided in subsection 3, use the facilities of the state park or recreational area without paying the entrance fee.

      3.  An annual permit issued pursuant to subsection 2 does not authorize the holder of the permit to engage in camping or boating, or to attend special events. The holder of such a permit who wishes to engage in camping or boating, or to attend special events, must pay any fee established for the respective activity.

      4.  During each Public Lands Day observed pursuant to section 1 of this act, and upon proof of residency in this State, the Division shall allow a resident of this State to enter, camp and boat in any state park or recreational area without the payment of any fees for those activities. The free day of camping authorized pursuant to this subsection must include either the Friday night before Public Lands Day or overnight on the night of Public Lands Day, as determined by the Administrator for each state park and recreational area. A person is not entitled to receive more than one free night of camping during each Public Lands Day pursuant to this subsection.

      5.  Except as otherwise provided in subsection 1 of NRS 407.0762 and subsection 1 of NRS 407.0765, the fees collected pursuant to paragraphs (d), (e) and (f) of subsection 1 or subsection 2 must be deposited in the State General Fund.

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

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ê2017 Statutes of Nevada, Page 1512ê

 

CHAPTER 283, AB 126

Assembly Bill No. 126–Committee on Health and Human Services

 

CHAPTER 283

 

[Approved: June 1, 2017]

 

AN ACT relating to governmental administration; abolishing the Advisory Committee on Housing; abolishing the Subcommittee on Personal Assistance for Persons with Severe Functional Disabilities of the Nevada Commission on Services for Persons with Disabilities; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Advisory Committee on Housing to review and provide to the Director of the Department of Business and Industry and the Administrator of the Housing Division of that Department advice, recommendations and other commentary regarding the: (1) investment of money or issuance of obligations of the Division; (2) development of new programs or improvement of existing programs of the Division; (3) improvement of policies and procedures of the Division; and (4) administration of the Account for Low-Income Housing. (NRS 319.173)

      Existing law creates the Subcommittee on Personal Assistance for Persons with Severe Functional Disabilities of the Nevada Commission on Services for Persons with Disabilities, which meets at the call of the Director of the Department of Health and Human Services, the Chair of the Commission, the Chair of the Subcommittee or a majority of the members of the Subcommittee. (NRS 426.731)

      Existing law requires the Sunset Subcommittee of the Legislative Commission to review certain boards and commissions in this State to determine whether the board or commission should be terminated, modified, consolidated or continued. (NRS 232B.210-232B.250) As recommended by the Sunset Subcommittee, this bill abolishes: (1) the Advisory Committee on Housing; and (2) the Subcommittee on Personal Assistance for Persons with Severe Functional Disabilities of the Nevada Commission on Services for Persons with Disabilities. Sections 1-3 of this bill make conforming changes.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 426.721 is hereby amended to read as follows:

      426.721  As used in NRS 426.721 to [426.731,] 426.729, inclusive, unless the context otherwise requires, the words and terms defined in NRS 426.723 to 426.727, inclusive, have the meanings ascribed to them in those sections.

      Sec. 2. NRS 426.728 is hereby amended to read as follows:

      426.728  1.  Each state personal assistance program must make available, within a reasonable period after receiving a request therefor and in accordance with any conditions upon the receipt of federal funding and considering the amount of reasonably adequate state funding, community-based services to provide minimum essential personal assistance to residents of this State with severe functional disabilities who would, with the provision of that assistance, be able to live safely and independently in their communities outside of an institutional setting.

 


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ê2017 Statutes of Nevada, Page 1513 (Chapter 283, AB 126)ê

 

      2.  The provisions of NRS 426.721 to [426.731,] 426.729, inclusive, must not be construed to:

      (a) Prevent a person with a severe functional disability from receiving more than 6 hours of minimum essential personal assistance per day from a state personal assistance program if such assistance is available pursuant to the program; or

      (b) Prevent a person with a disability other than a severe functional disability from receiving services from a state personal assistance program if such assistance is available pursuant to the program.

      Sec. 3. NRS 427A.1213 is hereby amended to read as follows:

      427A.1213  1.  The Commission shall, at its first meeting and annually thereafter, elect a Chair from among its voting members.

      2.  The Commission shall meet at least quarterly and at the times and places specified by a call of the Director, the Chair or a majority of the voting members of the Commission.

      3.  A majority of the voting members of the Commission constitutes a quorum for the transaction of all business.

      4.  The Commission shall establish rules for its own governance.

      5.  Except as otherwise provided in NRS [426.731 and] 427A.750, the Chair may appoint subcommittees and advisory committees composed of the members of the Commission, former members of the Commission and members of the general public who have experience with or knowledge of matters relating to persons with disabilities, to consider specific problems or other matters that are related to and within the scope of the functions of the Commission. A subcommittee or advisory committee appointed pursuant to this subsection must not contain more than five members. To the extent practicable, the members of such a subcommittee or advisory committee must be representative of the various geographic areas and ethnic groups of this State.

      Sec. 4.  1.  Any administrative regulations adopted by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in force until amended by the officer, agency or other entity to which the responsibility for the adoption of the regulations has been transferred.

      2.  Any contracts or other agreements entered into by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity are binding upon the officer, agency or other entity to which the responsibility for the administration of the provisions of the contract or other agreement have been transferred. Such contracts and other agreements may be enforced by the officer, agency or other entity to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.

      3.  Any action taken by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or entity remains in effect as if taken by the officer, agency or other entity to which the responsibility for the enforcement of such actions has been transferred.

      Sec. 5.  The Legislative Counsel shall:

      1.  In preparing the Nevada Revised Statutes, use the authority set forth in subsection 10 of NRS 220.120 to substitute appropriately the name of any agency, officer or instrumentality of the State whose name is changed by this act for the name which the agency, officer or instrumentality previously used; and

 


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ê2017 Statutes of Nevada, Page 1514 (Chapter 283, AB 126)ê

 

agency, officer or instrumentality of the State whose name is changed by this act for the name which the agency, officer or instrumentality previously used; and

      2.  In preparing supplements to the Nevada Administrative Code, substitute appropriately the name of any agency, officer or instrumentality of the State whose name is changed by this act for the name which the agency, officer or instrumentality previously used.

      Sec. 6. NRS 319.173 and 426.731 are hereby repealed.

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

________

CHAPTER 284, AB 148

Assembly Bill No. 148–Assemblyman Flores

 

CHAPTER 284

 

[Approved: June 1, 2017]

 

AN ACT relating to public affairs; increasing the penalties for willful violations of certain provisions relating to notaries public and document preparation services; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes various civil and criminal penalties for violations of certain provisions relating to notaries public. (NRS 240.010-240.169) Section 1 of this bill provides that a person who willfully violates such provisions is guilty of a category D felony if the offense results in irreparable harm to a person.

      Existing law provides that a person who willfully violates the provisions governing document preparation services is guilty of a misdemeanor for a first offense and a gross misdemeanor for a second or subsequent offense. (NRS 240A.290) Section 3 of this bill makes a willful violation of any provision governing document preparation services a category D felony if the offense results in irreparable harm to a client.

 

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

      A person who willfully violates a provision of NRS 240.001 to 240.169, inclusive, or a regulation or order adopted or issued pursuant thereto is guilty of a category D felony and shall be punished as provided in NRS 193.130 if the offense results in irreparable harm to a person.

      Sec. 1.2. NRS 240.001 is hereby amended to read as follows:

      240.001  As used in NRS 240.001 to 240.206, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 240.002 to 240.0067, inclusive, have the meanings ascribed to them in those sections.

 


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ê2017 Statutes of Nevada, Page 1515 (Chapter 284, AB 148)ê

 

      Sec. 1.3.NRS 240.085 is hereby amended to read as follows:

      240.085  1.  Every notary public who is not an attorney licensed to practice law in this State and who advertises his or her services as a notary public in a language other than English by any form of communication, except a single plaque on his or her desk, shall post or otherwise include with the advertisement a notice in the language in which the advertisement appears. The notice must be of a conspicuous size, if in writing, and must appear in substantially the following form:

 

       I AM NOT AN ATTORNEY IN THE STATE OF NEVADA. I AM NOT LICENSED TO GIVE LEGAL ADVICE. I MAY NOT ACCEPT FEES FOR GIVING LEGAL ADVICE.

 

      2.  A notary public who is not an attorney licensed to practice law in this State shall not use the term “notario,” “notario publico,” “licenciado” or any other equivalent non-English term in any form of communication that advertises his or her services as a notary public, including, without limitation, a business card, stationery, notice and sign.

      3.  If the Secretary of State finds a notary public guilty of violating the provisions of subsection 1 or 2, the Secretary of State shall:

      (a) Suspend the appointment of the notary public for not less than 1 year.

      (b) Revoke the appointment of the notary public for a third or subsequent offense.

      (c) Assess a civil penalty of not more than $2,000 for each violation.

      4.  [A] Unless a greater penalty is provided pursuant to section 1 of this act, a notary public who is found guilty in a criminal prosecution of violating subsection 1 or 2 shall be punished by a fine of not more than $2,000.

      5.  An employer of a notary public shall not:

      (a) Prohibit the notary public from meeting the requirements set forth in subsection 1; or

      (b) Advertise using the term “notario,” “notario publico,” “licenciado” or any other equivalent non-English term in any form of communication that advertises notary public services, including, without limitation, a business card, stationery, notice and sign, unless the notary public under his or her employment is an attorney licensed to practice law in this State.

      6.  If the Secretary of State finds the employer of a notary public guilty of violating a provision of subsection 5, the Secretary of State shall:

      (a) Notify the employer in writing of the violation and order the immediate removal of such language.

      (b) Assess a civil penalty of not more than $2,000 for each violation.

      7.  [The] Unless a greater penalty is provided pursuant to section 1 of this act, the employer of a notary public who is found guilty in a criminal prosecution of violating a provision of subsection 5 shall be punished by a fine of not more than $2,000.

      Sec. 1.6.NRS 240.145 is hereby amended to read as follows:

      240.145  1.  It is unlawful for any person to:

      (a) Photocopy or otherwise reproduce a completed notarial certificate with a notary’s statement and signature if that certificate is reproduced for use in a mailing to endorse, promote or sell any product, service or offering; or

 


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ê2017 Statutes of Nevada, Page 1516 (Chapter 284, AB 148)ê

 

      (b) Include a photocopy or other reproduction of a completed notarial certificate with a notary’s statement and signature in a mailing to endorse, promote or sell any product, service or offering.

      2.  [Any] Unless a greater penalty is provided pursuant to section 1 of this act, any person who violates any of the provisions of subsection 1 is guilty of a gross misdemeanor.

      Sec. 1.9.NRS 240.155 is hereby amended to read as follows:

      240.155  1.  A notary public who is appointed pursuant to this chapter shall not willfully notarize the signature of a person unless the person is in the presence of the notary public and:

      (a) Is known to the notary public; or

      (b) If unknown to the notary public, provides a credible witness or documentary evidence of identification to the notary public.

      2.  [A] Unless a greater penalty is provided pursuant to section 1 of this act, a person who:

      (a) Violates the provisions of subsection 1; or

      (b) Aids and abets a notary public to commit a violation of subsection 1,

Ê is guilty of a gross misdemeanor.

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

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

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

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

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

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

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

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

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

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

 

 

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 1517 (Chapter 284, AB 148)ê

 

      3.  An application for registration as a document preparation service must be made under penalty of perjury on a form prescribed by regulation of the Secretary of State and must be accompanied by a cash bond or surety bond meeting the requirements of NRS 240A.120.

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

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

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

      Sec. 3.  NRS 240A.290 is hereby amended to read as follows:

      240A.290  1.  [A] Except as otherwise provided in subsection 2, a person who willfully violates a provision of this chapter or a regulation or order adopted or issued pursuant thereto:

      (a) For the first offense within the immediately preceding 5 years, is guilty of a misdemeanor.

      (b) For a second or subsequent offense within the immediately preceding 5 years, is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $10,000, or by both fine and imprisonment.

      2.  A person who willfully violates a provision of this chapter or a regulation or order adopted or issued pursuant thereto is guilty of a category D felony and shall be punished as provided in NRS 193.130 if the offense results in irreparable harm to the client.

      3.  In addition to the penalties prescribed by subsection [1,] 1 or 2, the court may order a person described in [that] subsection 1 or 2 to pay restitution to any person who has suffered a pecuniary loss as a result of the violation.

      [3.]4.  For the purposes of subsections 1 , [and] 2 [,] and 3, evidence that a person has been served with an order by the Secretary of State pursuant to NRS 240A.260 before the date of the alleged violation is evidence that the alleged violation is intentional if it involves a repetition or a continuation of conduct of the kind described in the order.

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ê2017 Statutes of Nevada, Page 1518ê

 

CHAPTER 285, AB 204

Assembly Bill No. 204–Assemblymen Tolles; Bilbray-Axelrod, Bustamante Adams, Edwards, Frierson, Jauregui, Joiner, Krasner, Miller, Monroe-Moreno, Ohrenschall, Oscarson, Pickard, Spiegel, Titus, Wheeler and Yeager

 

Joint Sponsors: Senators Gansert; Cannizzaro, Ford, Hardy, Parks and Segerblom

 

CHAPTER 285

 

[Approved: June 1, 2017]

 

AN ACT relating to marriage; providing that a marriage license and a certificate of marriage may include the name to be used by each spouse after the marriage; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prescribes the form of a marriage license and a certificate of marriage. (NRS 122.050, 122.120) This bill provides that each marriage license and certificate of marriage may contain the names selected for use by each spouse after the marriage. This bill also sets forth the names that each spouse may select for use after the marriage.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 122.040 is hereby amended to read as follows:

      122.040  1.  Except as otherwise provided in NRS 122.0615, before persons may be joined in marriage, a license must be obtained for that purpose from the county clerk of any county in the State. Except as otherwise provided in this subsection, the license must be issued at the county seat of that county. The board of county commissioners:

      (a) In a county whose population is 700,000 or more may, at the request of the county clerk, designate not more than five branch offices of the county clerk at which marriage licenses may be issued, if the designated branch offices are located outside of the county seat.

      (b) In a county whose population is less than 700,000 may, at the request of the county clerk, designate one branch office of the county clerk at which marriage licenses may be issued, if the designated branch office is established in a county office building which is located outside of the county seat.

      2.  Except as otherwise provided in this section, before issuing a marriage license, the county clerk shall require each applicant to provide proof of the applicant’s name and age. The county clerk may accept as proof of the applicant’s name and age an original or certified copy of any of the following:

      (a) A driver’s license, instruction permit or identification card issued by this State or another state, the District of Columbia or any territory of the United States.

      (b) A passport.

 


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      (c) A birth certificate and:

             (1) Any secondary document that contains the name and a photograph of the applicant; or

             (2) Any document for which identification must be verified as a condition to receipt of the document.

Ê If the birth certificate is written in a language other than English, the county clerk may request that the birth certificate be translated into English and notarized.

      (d) A military identification card or military dependent identification card issued by any branch of the Armed Forces of the United States.

      (e) A Certificate of Citizenship, Certificate of Naturalization, Permanent Resident Card or Temporary Resident Card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security.

      (f) Any other document that provides the applicant’s name and age. If the applicant clearly appears over the age of 25 years, no documentation of proof of age is required.

      3.  Except as otherwise provided in subsection 4, the county clerk issuing the license shall require each applicant to answer under oath each of the questions contained in the form of license. The county clerk shall, except as otherwise provided in this subsection, require each applicant to include the applicant’s social security number on the affidavit of application for the marriage license. If a person does not have a social security number, the person must state that fact. The county clerk shall not require any evidence to verify a social security number. If any of the information required is unknown to the person, the person must state that the answer is unknown. The county clerk shall not deny a license to an applicant who states that the applicant does not have a social security number or who states that any requested information concerning the applicant’s parents is unknown.

      4.  Upon finding that extraordinary circumstances exist which result in only one applicant being able to appear before the county clerk, the county clerk may waive the requirements of subsection 3 with respect to the person who is unable to appear before the county clerk, or may refer the applicant to the district court. If the applicant is referred to the district court, the district court may waive the requirements of subsection 3 with respect to the person who is unable to appear before the county clerk. If the district court waives the requirements of subsection 3, the district court shall notify the county clerk in writing. If the county clerk or the district court waives the requirements of subsection 3, the county clerk shall require the applicant who is able to appear before the county clerk to:

      (a) Answer under oath each of the questions contained in the form of license. The applicant shall answer any questions with reference to the other person named in the license.

      (b) Include the applicant’s social security number and the social security number of the other person named in the license on the affidavit of application for the marriage license. If either person does not have a social security number, the person responding to the question must state that fact. The county clerk shall not require any evidence to verify a social security number.

Ê If any of the information required on the application is unknown to the person responding to the question, the person must state that the answer is unknown. The county clerk shall not deny a license to an applicant who states that the applicant does not have a social security number or who states that any requested information concerning the parents of either the person who is responding to the question or the person who is unable to appear is unknown.

 


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ê2017 Statutes of Nevada, Page 1520 (Chapter 285, AB 204)ê

 

states that the applicant does not have a social security number or who states that any requested information concerning the parents of either the person who is responding to the question or the person who is unable to appear is unknown.

      5.  If any of the persons intending to marry are under age and have not been previously married, and if the authorization of a district court is not required, the clerk shall issue the license if the consent of the parent or guardian is:

      (a) Personally given before the clerk;

      (b) Certified under the hand of the parent or guardian, attested by two witnesses, one of whom must appear before the clerk and make oath that the witness saw the parent or guardian subscribe his or her name to the annexed certificate, or heard him or her acknowledge it; or

      (c) In writing, subscribed to and acknowledged before a person authorized by law to administer oaths. A facsimile of the acknowledged writing must be accepted if the original is not available.

      6.  If a parent giving consent to the marriage of a minor pursuant to subsection 5 has a last name different from that of the minor seeking to be married, the county clerk shall accept, as proof that the parent is the legal parent of the minor, a certified copy of the birth certificate of the minor which shows the parent’s first and middle name and which matches the first and middle name of the parent on any document listed in subsection 2.

      7.  If the authorization of a district court is required, the county clerk shall issue the license if that authorization is given to the county clerk in writing.

      8.  At the time of issuance of the license, an applicant or both applicants may elect to change the middle name or last name, or both, by which an applicant wishes to be known after solemnization of the marriage. The first name of each applicant selected for use by the applicant after solemnization of the marriage must be the same as the first name indicated on the proof of the applicant’s name submitted pursuant to subsection 2. An applicant may change his or her name pursuant to this subsection only at the time of issuance of the license. One or both applicants may adopt:

      (a) As a middle name, one of the following:

             (1) The current last name of the other applicant.

             (2) The last name of either applicant given at birth.

             (3) A hyphenated combination of the current middle name and the current last name of either applicant.

             (4) A hyphenated combination of the current middle name and the last name given at birth of either applicant.

      (b) As a last name, one of the following:

             (1) The current last name of the other applicant.

             (2) The last name of either applicant given at birth.

             (3) A hyphenated combination of the potential last names described in paragraphs (a) and (b).

      9.  All records pertaining to marriage licenses are public records and open to inspection pursuant to the provisions of NRS 239.010.

      [9.] 10.  A marriage license issued on or after July 1, 1987, expires 1 year after its date of issuance.

 


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ê2017 Statutes of Nevada, Page 1521 (Chapter 285, AB 204)ê

 

      Sec. 2. NRS 122.050 is hereby amended to read as follows:

      122.050  The marriage license must contain the name of each applicant as shown in the documents presented pursuant to subsection 2 of NRS 122.040 and the name, if any, selected by each applicant for use after the applicants are joined in marriage. The marriage license must be substantially in the following form:

 

Marriage License

(Expires 1 Year After Issuance)

 

State of Nevada                            }

                                                         }ss.

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

 

      These presents are to authorize any minister, other church or religious official authorized to solemnize a marriage or notary public who has obtained a certificate of permission to perform marriages, any Supreme Court justice, judge of the Court of Appeals or district judge within this State, or justice of the peace within a township wherein the justice of the peace is permitted to solemnize marriages or if authorized pursuant to subsection 3 of NRS 122.080, or a municipal judge if authorized pursuant to subsection 4 of NRS 122.080 or any commissioner of civil marriages or his or her deputy within a commissioner township wherein they are permitted to solemnize marriages, to join in marriage ........ of (City, town or location) ........, State of ........ State of birth (If not in U.S.A., name of country) ........; Date of birth ........ Father’s name ........ 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. After ............ (name) and ............ (name) are joined in marriage, ............ wishes to use the name ............ (New name) and ............ wishes to use the name ............ (New name) OR The parties have not designated any changes of name at the time of issuance of the marriage license.

 

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

 

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

(Seal)                                                                          Clerk

 

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

                                                                              Deputy clerk

 


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ê2017 Statutes of Nevada, Page 1522 (Chapter 285, AB 204)ê

 

      Sec. 3. NRS 122.120 is hereby amended to read as follows:

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

      2.  The certificate of marriage must contain the date of birth of each applicant as contained in the form of marriage license pursuant to NRS 122.050. If a male and female person 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. The certificate of marriage must be in substantially the following form:

 

State of Nevada

Marriage Certificate

 

State of Nevada                            }

                                                         }ss.

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

 

      This is to certify that the undersigned, ................................ (a minister or other church or religious official authorized to solemnize a marriage, notary public, judge, justice of the peace of ................................ County, commissioner of civil marriages or deputy commissioner of civil marriages, as the case may be), did on the ................ day of the month of ………. of the year ..............., at ................ (address or church), ................ (city), Nevada, join or rejoin, as the case may be, in lawful wedlock ................ (name), of ................ (city), State of ................, date of birth ................, and ................ (name), of ................(city), State of ................, date of birth ................, with their mutual consent, in the presence of ................ and ................ (witnesses). After ............ (name) and ............ (name) are joined or rejoined in marriage, as the case may be, ............ (name) wishes to use the name ............ (New name) and ............ (name) wishes to use the name ............ (New name) OR The parties have not designated any changes of name at the time of issuance of the marriage license. (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

 


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ê2017 Statutes of Nevada, Page 1523 (Chapter 285, AB 204)ê

 

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

                                                       Official title of person performing

                                                                          the marriage

 

                                                    

 

                                                    

     Couple’s mailing address

 

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

      Sec. 4.  This act becomes effective on January 1, 2018.

________

CHAPTER 286, AB 219

Assembly Bill No. 219–Assemblywoman Swank

 

CHAPTER 286

 

[Approved: June 1, 2017]

 

AN ACT relating to gaming; revising the boundaries of the Las Vegas Boulevard gaming corridor; providing for the expiration of the designation of certain locations as a gaming enterprise district; creating the Historic Las Vegas Gaming District; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that the Nevada Gaming Commission is prohibited from approving a nonrestricted license for an establishment in a county whose population is 700,000 or more (currently Clark County) unless the establishment is located in a gaming enterprise district, which is defined as “an area that has been approved by a county, city or town as suitable for operating an establishment that has been issued a nonrestricted license.” (NRS 463.0158, 463.308) If the location of a proposed establishment is within the Las Vegas Boulevard gaming corridor or the rural Clark County gaming zone, but not within an area already designated as a gaming enterprise district, the Commission is prohibited from approving a nonrestricted license for the proposed establishment unless the location of the proposed establishment is first designated a gaming enterprise district pursuant to the criteria set forth in NRS 463.3084. (NRS 463.3082) However, if the location of a proposed establishment is not within the Las Vegas Boulevard gaming corridor or the rural Clark County gaming zone and not within an area already designated as a gaming enterprise district, the Commission is prohibited from approving a nonrestricted license for the proposed establishment unless the location of the proposed establishment is first designated a gaming enterprise district pursuant to the criteria set forth in NRS 463.3086, which contains certain additional requirements that are not contained in NRS 463.3084, such as the requirements that: (1) the property line of the proposed establishment must not be less than 500 feet from the property line of a developed residential district and not less than 1,500 feet from the property line of a public school, private school or structure used primarily for religious services or worship; and (2) a three-fourths vote of the governing body of the county, city or town is required for designation of the location as a gaming enterprise district. (NRS 463.3086)

 


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ê2017 Statutes of Nevada, Page 1524 (Chapter 286, AB 219)ê

 

      Section 1 of this bill revises the boundaries of the Las Vegas Boulevard gaming corridor to remove certain residential areas commonly known as the Beverly Green neighborhood. Section 2 of this bill provides for the expiration on October 1, 2017, the effective date of this bill, of any designation as a gaming enterprise district for the area removed from the Las Vegas Boulevard gaming corridor pursuant to section 1.

      Section 3 of this bill: (1) creates the Historic Las Vegas Gaming District; and (2) exempts certain parcels of real property located within the boundaries of that District from the application of certain provisions of law relating to gaming enterprise districts.

 

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

 

      Whereas, The gaming industry is one of the oldest industries in Nevada and has its beginnings not only on the Las Vegas Strip, but also in the Fremont Street corridor; and

      Whereas, Heritage tourism is a relatively unexploited sector of tourism in Nevada, and gaming is a large part of that heritage tourism industry; and

      Whereas, It is well known that heritage tourists spend more and stay longer than other types of tourists; and

      Whereas, Local governments, including the City of Las Vegas, should be encouraged to foster heritage tourism through the historic preservation of the neighborhoods, areas and signage that are reflective of the cultural heritage of this State; and

      Whereas, While it is important to preserve elements of our past for not only future generations but also for the promotion of this State’s largest industries of tourism and gaming, it is also important that local governments create an environment where redevelopment can flourish and create districts with buildings of differing ages in order to attract investment, foster tourism and provide jobs; and

      Whereas, Historic preservation and redevelopment are both crucial to the vitality of our communities, and local governments should be allowed to determine the proper balance between our historic past and prospective development that will encourage the continued growth of our economy; and

      Whereas, The State of Nevada hereby creates the Historic Las Vegas Gaming District as a means of promoting heritage tourism and invigorating the gaming industries that have been the staple of downtown Las Vegas gaming; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 463.3076 is hereby amended to read as follows:

      463.3076  1.  The location of a proposed establishment shall be deemed to be within the Las Vegas Boulevard gaming corridor if:

      [1.](a) The property line of the proposed establishment:

      [(a)](1) Is within 1,500 feet of the centerline of Las Vegas Boulevard [;

      (b)], unless:

 

 

 

 


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ê2017 Statutes of Nevada, Page 1525 (Chapter 286, AB 219)ê

 

                   (I) The property line of the proposed establishment is east of the western edge line of Paradise Road and north of the southern edge line of Sahara Avenue; and

                   (II) The property is a parcel of land zoned primarily for residential use;

            (2) Is south of the intersection of Las Vegas Boulevard and that portion of St. Louis Avenue which is designated State Highway No. 605; and

      [(c)](3) Is adjacent to or north of the northern edge line of State Highway No. 146; or

      [2.](b) The property line of the proposed establishment is within the area beginning at the point of the southern edge line of Desert Inn Road that is 1,500 feet east of the centerline of Las Vegas Boulevard, then proceeding east to the western edge line of Paradise Road, then proceeding south to the northern edge line of Sands Avenue, then proceeding west to a point that is 1,500 feet east of the centerline of Las Vegas Boulevard.

      2.  As used in this section, “residential use” has the meaning ascribed to it in NRS 116.083.

      Sec. 2.  Any designation of a location as a gaming enterprise district which was made before October 1, 2017, and which is within the area removed from the Las Vegas Boulevard gaming corridor pursuant to the amendatory provisions of section 1 of this act expires on October 1, 2017.

      Sec. 3.  1.  Notwithstanding any other provision of law, the provisions of NRS 463.3072 to 463.3094, inclusive, do not apply to a qualified parcel located within the boundaries of the Historic Las Vegas Gaming District, which is hereby created.

      2.  As used in this section:

      (a) “Historic Las Vegas Gaming District” means the area bounded by the east side of Main Street, the south side of Stewart Avenue, the west side of Third Street and the north side of Carson Avenue.

      (b) “Nonrestricted license” has the meaning ascribed to it in NRS 463.0177.

      (c) “Qualified parcel” means a parcel of property or combination of parcels of property:

             (1) Comprised of an entire city block or a portion thereof consisting of at least 2.5 acres in the aggregate;

             (2) On which is located a resort hotel that has a minimum capital or debt investment of $100,000,000 in the real property, improvements and personal property comprising the resort hotel or, in the alternative, a market value appraisal of the real property, improvements and personal property comprising the resort hotel indicating a minimum value of $100,000,000, based on an appraisal report prepared by a certified appraiser, as defined in NRS 645C.047; and

             (3) Which, before aggregation and development, includes a parcel upon which was located an establishment which held a nonrestricted license for a resort hotel on July 16, 1997, and which has not ceased gaming operations for more than 24 consecutive months.

      (d) “Resort hotel” has the meaning ascribed to it in NRS 463.01865.

________

 


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ê2017 Statutes of Nevada, Page 1526ê

 

CHAPTER 287, AB 244

Assembly Bill No. 244–Committee on Commerce and Labor

 

CHAPTER 287

 

[Approved: June 1, 2017]

 

AN ACT relating to insurance; authorizing certain types of insurance and insurers to give certain items and gifts not to exceed $100 in aggregate value per policyholder or insured or prospective policyholder or insured in any 1 calendar year; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prohibits unfair discrimination and rebates from being used in a policy or contract of life insurance, life annuity or health insurance or by a property, casualty, surety or title insurer or underwritten title company or any employee or representative thereof, or by a broker, agent or solicitor. (NRS 686A.100, 686A.110, 686A.130)

      Section 1.5 of this bill authorizes the practice of, in the case of a policy or contract of life insurance, life annuity or health insurance, providing to a policyholder or prospective policyholder prizes and gifts, goods and various other items not to exceed $100 in aggregate value per policyholder or prospective policyholder in any 1 calendar year.

      Section 2 of this bill allows any property, casualty or surety insurer or any employee or representative thereof, or any broker, agent or solicitor to provide to an insured or prospective insured prizes and gifts, goods and various other items not to exceed $100 in aggregate value per insured or prospective insured in any 1 calendar year.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 1.5. NRS 686A.110 is hereby amended to read as follows:

      686A.110  1.  Except as otherwise expressly provided by law, no person shall knowingly:

      [1.](a) Permit to be made or offer to make or make any contract of life insurance, life annuity or health insurance, or agreement as to such contract, other than as plainly expressed in the contract issued thereon, or pay or allow, or give or offer to pay, allow or give, directly or indirectly, or knowingly accept, as an inducement to such insurance or annuity, any rebate of premiums payable on the contract, or any special favor or advantage in the dividends or other benefits thereon, or any paid employment or contract for services of any kind, or any valuable consideration or inducement whatever not specified in the contract; or

      [2.](b) Directly or indirectly give or sell or purchase or offer or agree to give, sell, purchase, or allow as an inducement to such insurance or annuity or in connection therewith, whether or not to be specified in the policy or contract, any agreement of any form or nature promising returns and profits, or any stocks, bonds or other securities, or interest present or contingent therein or as measured thereby, of any insurer or other corporation, association or partnership, or any dividends or profits accrued or to accrue thereon.

 


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ê2017 Statutes of Nevada, Page 1527 (Chapter 287, AB 244)ê

 

      2.  The provisions of this section do not prohibit any person, in the case of any policy or contract of life insurance, life annuity or health insurance, from providing to a policyholder or prospective policyholder prizes and gifts, goods, wares, merchandise, gift certificates, donations made to charitable organizations, raffle entries, meals, event tickets and other items not to exceed $100 in aggregate value per policyholder or prospective policyholder in any 1 calendar year.

      Sec. 2. NRS 686A.130 is hereby amended to read as follows:

      686A.130  1.  [No] Except as otherwise provided in subsection 2, no property, casualty, surety or title insurer or underwritten title company or any employee or representative thereof, and no broker, agent or solicitor may pay, allow or give, or offer to pay, allow or give, directly or indirectly, as an inducement to insurance, or after insurance has been effected, any rebate, discount, abatement, credit or reduction of the premium named in a policy of insurance, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement whatever, not specified or provided for in the policy, except to the extent provided for in an applicable filing with the Commissioner.

      2.  The provisions of subsections 1 and 4 do not prohibit any property, casualty or surety insurer or any employee or representative thereof, or any broker, agent or solicitor from providing to an insured or prospective insured prizes and gifts, goods, wares, merchandise, gift certificates, donations made to charitable organizations, raffle entries, meals, event tickets and other items not to exceed $100 in aggregate value per insured or prospective insured in any 1 calendar year.

      3.  No title insurer or underwritten title company may:

      (a) Pay, directly or indirectly, to the insured or any person acting as agent, representative, attorney or employee of the owner, lessee, mortgagee, existing or prospective, of the real property or interest therein which is the subject matter of title insurance or as to which a service is to be performed, any commission, rebate or part of its fee or charges or other consideration as inducement or compensation for the placing of any order for a title insurance policy or for performance of any escrow or other service by the insurer or underwritten title company with respect thereto; or

      (b) Issue any policy or perform any service in connection with which it or any agent or other person has paid or contemplates paying any commission, rebate or inducement in violation of this section.

      [3.  No]

      4.  Except as otherwise provided in subsection 2, no insured named in a policy or any employee of that insured may knowingly receive or accept, directly or indirectly, any such rebate, discount, abatement, credit or reduction of premium, or any such special favor or advantage or valuable consideration or inducement.

      [4.] 5.  No such insurer may make or permit any unfair discrimination between insured or property having like insuring or risk characteristics, in the premium or rates charged for insurance, or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of insurance.

      [5.] 6.  No casualty insurer may make or permit any unfair discrimination between persons legally qualified to provide a particular service, in the amount of the fee or charge for that service payable as a benefit under any policy or contract of casualty insurance.

 


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ê2017 Statutes of Nevada, Page 1528 (Chapter 287, AB 244)ê

 

      [6.] 7.  The provisions of this section do not prohibit:

      (a) The payment of commissions or other compensation to licensed agents, brokers or solicitors.

      (b) The extension of credit to an insured for the payment of any premium and for which credit a reasonable rate of interest is charged and collected.

      (c) Any insurer from allowing or returning to its participating policyholders, members or subscribers, dividends, savings or unabsorbed premium deposits.

      (d) With respect to title insurance, bulk rates or special rates for customers of prescribed classes if the bulk or special rates are provided for in the effective schedule of fees and charges of the title insurer or underwritten title company.

      [7.]8.  The provisions of this section do not apply to wet marine and transportation insurance.

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

________

CHAPTER 288, AB 246

Assembly Bill No. 246–Assemblymen Kramer; Benitez-Thompson,  Daly, Hansen and Titus (by request)

 

CHAPTER 288

 

[Approved: June 1, 2017]

 

AN ACT relating to regional development; revising provisions relating to the creation of a local improvement district; authorizing the governing bodies of two or more municipalities to jointly create a tax increment area under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the governing body of any county, city or unincorporated town to create an improvement district for the acquisition of certain projects, including a park project, street project or commercial area vitalization project, and to finance the cost of any such project through the issuance of bonds and the levy of assessments upon property in the improvement district. (Chapter 271 of NRS) Two or more governmental entities are authorized under existing law to enter into a cooperative or interlocal agreement in certain circumstances to perform a governmental function. (NRS 277.045-277.188) Existing law authorizes a county to exercise its powers relating to local improvement projects for a project or benefited property that is within the boundaries of a city if the city in which that territory is located consents in an interlocal agreement to the exercise of those powers within its boundaries. (NRS 271.015) Section 1 of this bill extends the authority to enter into such an interlocal agreement to two or more counties. Therefore, a county would be authorized under section 1 to exercise its powers relating to local improvement projects for a project or benefited property that is within the boundaries of another county if the county in which that territory is located consents in an interlocal agreement to the exercise of those powers within its boundaries.

      Existing law authorizes the governing body of a municipality to designate a tax increment area for the purpose of creating a special account for the payment of bonds or other securities. The designation of a tax increment area by the governing body provides for the allocation of a portion of the taxes levied upon taxable property in the tax increment area each year to pay the bond requirements of loans, money advanced to or indebtedness incurred by the municipality to finance or refinance the project.

 


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ê2017 Statutes of Nevada, Page 1529 (Chapter 288, AB 246)ê

 

advanced to or indebtedness incurred by the municipality to finance or refinance the project. (Chapter 278C of NRS) Section 2 of this bill authorizes the governing bodies of two or more municipalities whose boundaries are contiguous to enter into an interlocal or cooperative agreement for the creation of a tax increment area for the acquisition or improvement of a project whose boundaries encompass all or part of each municipality. Section 2 further provides that if the governing bodies of the municipalities enter into such an agreement: (1) the governing bodies are authorized to take joint action to comply with certain procedures for the creation of a tax increment area; and (2) the tax increment area is required to be administered in accordance with the interlocal or cooperative agreement.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 271.015 is hereby amended to read as follows:

      271.015  Except as otherwise provided in NRS 271.700, this chapter applies:

      1.  To any unincorporated town.

      2.  To any city, including Carson City, whether incorporated or governed under a general act, special legislative act or special charter, enacted, adopted or granted pursuant to Section 1 or 8 of Article 8 of the Constitution of the State of Nevada, or otherwise.

      3.  To any county for any project outside of any city.

      4.  To any county, city, or town for a project not specified in this chapter but which that municipality is otherwise authorized by law to acquire and defray its cost by special assessment, and to any other political subdivision of this State otherwise authorized by law to acquire a specified or described project and to defray its cost by special assessment. In such a case, this chapter provides the method of doing so, to the extent that a special procedure is not provided in the authorizing statute.

      5.  To a county for a project or benefited property within the boundaries of a city [,] or another county, if the city or other county within whose boundaries the project or benefited property is located consents to the exercise of powers under this chapter within its boundaries, in an interlocal agreement entered into pursuant to NRS 277.045 to 277.180, inclusive.

      6.  To a city for a project or benefited property outside the boundaries of the city, if the county or other city within whose boundaries the project or benefited property is located consents to the exercise of powers under this chapter within its boundaries, in an interlocal agreement entered into pursuant to NRS 277.045 to 277.180, inclusive.

      Sec. 2. Chapter 278C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The governing bodies of two or more municipalities whose boundaries are contiguous may enter into an interlocal or cooperative agreement for the ordering of an undertaking whose boundaries encompass all or part of each municipality and the creation of the tax increment area and the tax increment account pertaining thereto. A tax increment area created pursuant to this section must be administered as provided in the interlocal or cooperative agreement, notwithstanding any provision of this chapter to the contrary.

 


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      2.  If the governing bodies of two or more municipalities enter into an interlocal or cooperative agreement pursuant to subsection 1, the governing bodies may, in accordance with the procedures set forth in the interlocal or cooperative agreement:

      (a) Jointly take any action required to be taken by a governing body for the creation of a district by the governing body pursuant to NRS 278C.160, 278C.170, 278C.180, 278C.210, 278C.220, 278C.230, 278C.270 and 278C.280, except that each governing body must adopt an ordinance pursuant to NRS 278C.220 in order to create the tax increment area;

      (b) Enter into contracts for the undertaking; and

      (c) Issue bonds or otherwise finance the cost of the undertaking.

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

________

CHAPTER 289, AB 361

Assembly Bill No. 361–Assemblyman Carrillo

 

CHAPTER 289

 

[Approved: June 1, 2017]

 

AN ACT relating to business practices; making the charging of certain fees a deceptive trade practice; revising provisions governing deceptive trade practices relating to gift certificates or gift cards; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law defines various activities involving businesses and occupations that constitute deceptive trade practices. (NRS 598.0915-598.0925) If a person engages in a deceptive trade practice, the person may be subject to restraint by injunction and the imposition of civil and criminal penalties. (NRS 598.0979, 598.0985, 598.0999)

      Section 1.7 of this bill makes it a deceptive trade practice for a person, in the course of his or her business or occupation, to charge a fee to update or change records relating to a person, including billing or credit information, including, in circumstances in which the person requesting the update or change chooses to communicate about the update or change by speaking with a natural person by telephone in lieu of using an automated or computerized telephone system.

      Existing law makes it a deceptive trade practice for a person, in the course of his or her business or occupation, to issue a gift certificate that expires on a certain date unless the expiration date of the gift certificate or a telephone number for obtaining balance or expiration information is printed on the front or back of the gift certificate in at least 10-point font. (NRS 598.0921) Section 1 of this bill makes it a deceptive trade practice to offer a free gift certificate or gift card as part of a promotion or incentive to potential customers if the promotion is redeemable only by mail, unless the expiration date of the offer is printed plainly and conspicuously on any written materials concerning the offer provided to the recipient of the offer.

 


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ê2017 Statutes of Nevada, Page 1531 (Chapter 289, AB 361)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 598 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person shall not, in the course of the person’s business or occupation, offer to provide a gift certificate or gift card, free of charge, as part of a promotion or incentive to potential customers if the promotion or incentive is redeemable only by mail, unless the expiration date of the offer is printed plainly and conspicuously in 12-point bold font on any brochure, leaflet, pamphlet, packaging, advertisement or other written material provided to the recipient of the offer which contains information concerning the offer. This subsection does not apply to an offer upon which the gift certificate or gift card will be provided directly to a potential customer.

      2.  A person engages in a “deceptive trade practice” if the person violates subsection 1.

      Sec. 1.3. NRS 598.0903 is hereby amended to read as follows:

      598.0903  As used in NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 598.0905 to 598.0947, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 1.7. NRS 598.092 is hereby amended to read as follows:

      598.092  A person engages in a “deceptive trade practice” when in the course of his or her business or occupation he or she:

      1.  Knowingly fails to identify goods for sale or lease as being damaged by water.

      2.  Solicits by telephone or door to door as a lessor or seller, unless the lessor or seller identifies himself or herself, whom he or she represents and the purpose of his or her call within 30 seconds after beginning the conversation.

      3.  Knowingly states that services, replacement parts or repairs are needed when no such services, replacement parts or repairs are actually needed.

      4.  Fails to make delivery of goods or services for sale or lease within a reasonable time or to make a refund for the goods or services, if he or she allows refunds.

      5.  Advertises or offers an opportunity for investment and:

      (a) Represents that the investment is guaranteed, secured or protected in a manner which he or she knows or has reason to know is false or misleading;

      (b) Represents that the investment will earn a rate of return which he or she knows or has reason to know is false or misleading;

      (c) Makes any untrue statement of a material fact or omits to state a material fact which is necessary to make another statement, considering the circumstances under which it is made, not misleading;

      (d) Fails to maintain adequate records so that an investor may determine how his or her money is invested;

      (e) Fails to provide information to an investor after a reasonable request for information concerning his or her investment;

 


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      (f) Fails to comply with any law or regulation for the marketing of securities or other investments; or

      (g) Represents that he or she is licensed by an agency of the State to sell or offer for sale investments or services for investments if he or she is not so licensed.

      6.  Charges a fee for advice with respect to investment of money and fails to disclose:

      (a) That he or she is selling or offering to lease goods or services and, if he or she is, their identity; or

      (b) That he or she is licensed by an agency of any state or of the United States to sell or to offer for sale investments or services for investments or holds any other license related to the service he or she is providing.

      7.  Notifies any person, by any means, as a part of an advertising plan or scheme, that he or she has won a prize and that as a condition of receiving the prize he or she must purchase or lease goods or services.

      8.  Knowingly misrepresents the legal rights, obligations or remedies of a party to a transaction.

      9.  Fails, in a consumer transaction that is rescinded, cancelled or otherwise terminated in accordance with the terms of an agreement, advertisement, representation or provision of law, to promptly restore to a person entitled to it a deposit, down payment or other payment or, in the case of property traded in but not available, the agreed value of the property or fails to cancel within a specified time or an otherwise reasonable time an acquired security interest. This subsection does not apply to a person who is holding a deposit, down payment or other payment on behalf of another if all parties to the transaction have not agreed to the release of the deposit, down payment or other payment.

      10.  Fails to inform customers, if he or she does not allow refunds or exchanges, that he or she does not allow refunds or exchanges by:

      (a) Printing a statement on the face of the lease or sales receipt;

      (b) Printing a statement on the face of the price tag; or

      (c) Posting in an open and conspicuous place a sign at least 8 by 10 inches in size with boldface letters,

Ê specifying that no refunds or exchanges are allowed.

      11.  Knowingly and willfully violates NRS 597.7118 or 597.7125.

      12.  Knowingly takes advantage of another person’s inability reasonably to protect his or her own rights or interests in a consumer transaction when such an inability is due to illiteracy, or to a mental or physical infirmity or another similar condition which manifests itself as an incapability to understand the language or terms of any agreement.

      13.  Charges a fee to a person to change or update any record, including, without limitation, billing or credit information, which relates to the person requesting the change or update, including, without limitation, in circumstances in which that person chooses to communicate regarding the change or update by speaking to a natural person by telephone in lieu of using an automated or computerized telephone system.

      Sec. 2.  (Deleted by amendment.)

      Sec. 2.1. NRS 598.0953 is hereby amended to read as follows:

      598.0953  1.  Evidence that a person has engaged in a deceptive trade practice is prima facie evidence of intent to injure competitors and to destroy or substantially lessen competition.

 


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ê2017 Statutes of Nevada, Page 1533 (Chapter 289, AB 361)ê

 

      2.  The deceptive trade practices listed in NRS 598.0915 to 598.0925, inclusive, and section 1 of this act are in addition to and do not limit the types of unfair trade practices actionable at common law or defined as such in other statutes of this State.

      Sec. 2.2. NRS 598.0955 is hereby amended to read as follows:

      598.0955  1.  The provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act do not apply to:

      (a) Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state or local governmental agency.

      (b) Publishers, including outdoor advertising media, advertising agencies, broadcasters or printers engaged in the dissemination of information or reproduction of printed or pictorial matter who publish, broadcast or reproduce material without knowledge of its deceptive character.

      (c) Actions or appeals pending on July 1, 1973.

      2.  The provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act do not apply to the use by a person of any service mark, trademark, certification mark, collective mark, trade name or other trade identification which was used and not abandoned prior to July 1, 1973, if the use was in good faith and is otherwise lawful except for the provisions of NRS 598.0903 to 598.0999, inclusive [.] , and section 1 of this act.

      Sec. 2.3. NRS 598.0963 is hereby amended to read as follows:

      598.0963  1.  Whenever the Attorney General is requested in writing by the Commissioner or the Director to represent him or her in instituting a legal proceeding against a person who has engaged or is engaging in a deceptive trade practice, the Attorney General may bring an action in the name of the State of Nevada against that person on behalf of the Commissioner or Director.

      2.  The Attorney General may institute criminal proceedings to enforce the provisions of NRS 598.0903 to 598.0999, inclusive [.] , and section 1 of this act. The Attorney General is not required to obtain leave of the court before instituting criminal proceedings pursuant to this subsection.

      3.  If the Attorney General has reason to believe that a person has engaged or is engaging in a deceptive trade practice, the Attorney General may bring an action in the name of the State of Nevada against that person to obtain a temporary restraining order, a preliminary or permanent injunction, or other appropriate relief.

      4.  If the Attorney General has cause to believe that a person has engaged or is engaging in a deceptive trade practice, the Attorney General may issue a subpoena to require the testimony of any person or the production of any documents, and may administer an oath or affirmation to any person providing such testimony. The subpoena must be served upon the person in the manner required for service of process in this State or by certified mail with return receipt requested. An employee of the Attorney General may personally serve the subpoena.

      Sec. 2.4. NRS 598.0967 is hereby amended to read as follows:

      598.0967  1.  The Commissioner and the Director, in addition to other powers conferred upon them by NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, may issue subpoenas to require the attendance of witnesses or the production of documents, conduct hearings in aid of any investigation or inquiry and prescribe such forms and adopt such regulations as may be necessary to administer the provisions of NRS 598.0903 to 598.0999, inclusive [.]

 


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598.0999, inclusive [.] , and section 1 of this act. Such regulations may include, without limitation, provisions concerning the applicability of the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act to particular persons or circumstances.

      2.  Except as otherwise provided in this subsection, service of any notice or subpoena must be made by certified mail with return receipt or as otherwise allowed by law. An employee of the Consumer Affairs Division of the Department of Business and Industry may personally serve a subpoena issued pursuant to this section.

      Sec. 2.5. NRS 598.0971 is hereby amended to read as follows:

      598.0971  1.  If, after an investigation, the Commissioner has reasonable cause to believe that any person has been engaged or is engaging in any deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, the Commissioner may issue an order directed to the person to show cause why the Director should not order the person to cease and desist from engaging in the practice and to pay an administrative fine. The order must contain a statement of the charges and a notice of a hearing to be held thereon. The order must be served upon the person directly or by certified or registered mail, return receipt requested.

      2.  An administrative hearing on any action brought by the Commissioner must be conducted before the Director or his or her designee.

      3.  If, after conducting a hearing pursuant to the provisions of subsection 2, the Director or his or her designee determines that the person has violated any of the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, or if the person fails to appear for the hearing after being properly served with the statement of charges and notice of hearing, the Director or his or her designee shall issue an order setting forth his or her findings of fact concerning the violation and cause to be served a copy thereof upon the person and any intervener at the hearing. If the Director or his or her designee determines in the report that such a violation has occurred, he or she may order the violator to:

      (a) Cease and desist from engaging in the practice or other activity constituting the violation;

      (b) Pay the costs of conducting the investigation, costs of conducting the hearing, costs of reporting services, fees for experts and other witnesses, charges for the rental of a hearing room if such a room is not available to the Director or his or her designee free of charge, charges for providing an independent hearing officer, if any, and charges incurred for any service of process, if the violator is adjudicated to have committed a violation of NRS 598.0903 to 598.0999, inclusive [;] , and section 1 of this act;

      (c) Provide restitution for any money or property improperly received or obtained as a result of the violation; and

      (d) Impose an administrative fine of $1,000 or treble the amount of restitution ordered, whichever is greater.

Ê The order must be served upon the person directly or by certified or registered mail, return receipt requested. The order becomes effective upon service in the manner provided in this subsection.

      4.  Any person whose pecuniary interests are directly and immediately affected by an order issued pursuant to subsection 3 or who is aggrieved by the order may petition for judicial review in the manner provided in chapter 233B of NRS. Such a petition must be filed within 30 days after the service of the order. The order becomes final upon the filing of the petition.

 


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ê2017 Statutes of Nevada, Page 1535 (Chapter 289, AB 361)ê

 

      5.  If a person fails to comply with any provision of an order issued pursuant to subsection 3, the Commissioner or the Director may, through the Attorney General, at any time after 30 days after the service of the order, cause an action to be instituted in the district court of the county wherein the person resides or has his or her principal place of business requesting the court to enforce the provisions of the order or to provide any other appropriate injunctive relief.

      6.  If the court finds that:

      (a) The violation complained of is a deceptive trade practice;

      (b) The proceedings by the Director or his or her designee concerning the written report and any order issued pursuant to subsection 3 are in the interest of the public; and

      (c) The findings of the Director or his or her designee are supported by the weight of the evidence,

Ê the court shall issue an order enforcing the provisions of the order of the Director or his or her designee.

      7.  An order issued pursuant to subsection 6 may include:

      (a) A provision requiring the payment to the Consumer Affairs Division of the Department of Business and Industry of a penalty of not more than $5,000 for each act amounting to a failure to comply with the Director’s or designee’s order;

      (b) An order that the person cease doing business within this State; and

      (c) Such injunctive or other equitable or extraordinary relief as is determined appropriate by the court.

      8.  Any aggrieved party may appeal from the final judgment, order or decree of the court in a like manner as provided for appeals in civil cases.

      9.  Upon the violation of any judgment, order or decree issued pursuant to subsection 6 or 7, the Commissioner, after a hearing thereon, may proceed in accordance with the provisions of NRS 598.0999.

      Sec. 2.6. NRS 598.0985 is hereby amended to read as follows:

      598.0985  Notwithstanding the requirement of knowledge as an element of a deceptive trade practice, and notwithstanding the enforcement powers granted to the Commissioner or Director pursuant to NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, whenever the district attorney of any county has reason to believe that any person is using, has used or is about to use any deceptive trade practice, knowingly or otherwise, he or she may bring an action in the name of the State of Nevada against that person to obtain a temporary or permanent injunction against the deceptive trade practice.

      Sec. 2.7. NRS 598.0993 is hereby amended to read as follows:

      598.0993  The court in which an action is brought pursuant to NRS 598.0979 and 598.0985 to 598.099, inclusive, may make such additional orders or judgments as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any deceptive trade practice which violates any of the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, but such additional orders or judgments may be entered only after a final determination has been made that a deceptive trade practice has occurred.

      Sec. 2.8. NRS 598.0999 is hereby amended to read as follows:

      598.0999  1.  Except as otherwise provided in NRS 598.0974, a person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, upon a complaint brought by the Commissioner, the Director, the district attorney of any county of this State or the Attorney General shall forfeit and pay to the State General Fund a civil penalty of not more than $10,000 for each violation.

 


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complaint brought by the Commissioner, the Director, the district attorney of any county of this State or the Attorney General shall forfeit and pay to the State General Fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing the order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0999, inclusive [.] , and section 1 of this act.

      2.  Except as otherwise provided in NRS 598.0974, in any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, if the court finds that a person has willfully engaged in a deceptive trade practice, the Commissioner, the Director, the district attorney of any county in this State or the Attorney General bringing the action may recover a civil penalty not to exceed $5,000 for each violation. The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorney’s fees and costs.

      3.  A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice:

      (a) For the first offense, is guilty of a misdemeanor.

      (b) For the second offense, is guilty of a gross misdemeanor.

      (c) For the third and all subsequent offenses, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

Ê The court may require the natural person, firm, or officer or managing agent of the corporation or association to pay to the aggrieved party damages on all profits derived from the knowing and willful engagement in a deceptive trade practice and treble damages on all damages suffered by reason of the deceptive trade practice.

      4.  Any offense which occurred within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

      5.  If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, 598.100 to 598.2801, inclusive, 598.305 to 598.395, inclusive, 598.405 to 598.525, inclusive, 598.741 to 598.787, inclusive, or 598.840 to 598.966, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:

      (a) The suspension of the person’s privilege to conduct business within this State; or

      (b) If the defendant is a corporation, dissolution of the corporation.

Ê The court may grant or deny the relief sought or may order other appropriate relief.

      6.  If a person violates any provision of NRS 228.500 to 228.640, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Attorney General may bring an action in the name of the State of Nevada seeking:

 


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ê2017 Statutes of Nevada, Page 1537 (Chapter 289, AB 361)ê

 

      (a) The suspension of the person’s privilege to conduct business within this State; or

      (b) If the defendant is a corporation, dissolution of the corporation.

Ê The court may grant or deny the relief sought or may order other appropriate relief.

      Sec. 2.9. NRS 41.600 is hereby amended to read as follows:

      41.600  1.  An action may be brought by any person who is a victim of consumer fraud.

      2.  As used in this section, “consumer fraud” means:

      (a) An unlawful act as defined in NRS 119.330;

      (b) An unlawful act as defined in NRS 205.2747;

      (c) An act prohibited by NRS 482.36655 to 482.36667, inclusive;

      (d) An act prohibited by NRS 482.351; or

      (e) A deceptive trade practice as defined in NRS 598.0915 to 598.0925, inclusive [.] , and section 1 of this act.

      3.  If the claimant is the prevailing party, the court shall award the claimant:

      (a) Any damages that the claimant has sustained;

      (b) Any equitable relief that the court deems appropriate; and

      (c) The claimant’s costs in the action and reasonable attorney’s fees.

      4.  Any action brought pursuant to this section is not an action upon any contract underlying the original transaction.

      Sec. 3.  The provisions of section 1 of this act apply only to gift certificate and gift card offers made on or after July 1, 2017.

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

________

CHAPTER 290, AB 477

Assembly Bill No. 477–Committee on Government Affairs

 

CHAPTER 290

 

[Approved: June 1, 2017]

 

AN ACT relating to state purchasing; authorizing the Administrator of the Purchasing Division of the Department of Administration to appoint a General Counsel; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Administrator of the Purchasing Division of the Department of Administration to appoint employees who can provide the Administrator with technical and clerical assistance. (NRS 333.100) This bill authorizes the Administrator to appoint a General Counsel of the Division in the unclassified service who must be an attorney in good standing licensed and admitted to practice law in Nevada.

 


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ê2017 Statutes of Nevada, Page 1538 (Chapter 290, AB 477)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 333 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Administrator may appoint a General Counsel of the Division.

      2.  The General Counsel appointed pursuant to subsection 1:

      (a) Is in the unclassified service of the State.

      (b) Must be an attorney in good standing licensed and admitted to practice law in this State.

      (c) Except as otherwise provided in NRS 7.065, shall not engage in the private practice of law.

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

________

CHAPTER 291, AB 410

Assembly Bill No. 410–Assemblywoman Bustamante Adams

 

CHAPTER 291

 

[Approved: June 1, 2017]

 

AN ACT relating to new vehicle dealers; authorizing a new vehicle dealer to file, under certain circumstances, a claim for compensation with a manufacturer of motor vehicles relating to a used vehicle held by the new vehicle dealer which is subject to a stop-sale order or do-not-drive order; requiring a manufacturer of motor vehicles to provide compensation to a new vehicle dealer for the used vehicle under certain circumstances; establishing a rate for that compensation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, certain acts or practices by a manufacturer of motor vehicles toward a new vehicle dealer are considered unfair acts or practices. (NRS 482.36371-482.36395) For example, it is an unfair act or practice for a manufacturer to fail to compensate a dealer fairly for labor, parts and other expenses incurred by the dealer under the manufacturer’s warranty agreements. (NRS 482.36385) Under federal law, if a new motor vehicle is subject to a recall for a defect related to safety or noncompliance with certain safety standards after the manufacturer has sold the vehicle to a new vehicle dealer, the manufacturer must repurchase the vehicle from the dealer, and pay the dealer reasonable reimbursement of at least 1 percent of the purchase price for each month, or portion thereof, the dealer possessed the car after the recall notice was issued. (49 U.S.C. § 30116)

      Section 1 of this bill authorizes a new vehicle dealer that is franchised to sell new vehicles of the manufacturer to apply to the manufacturer for compensation for each month that the dealer possesses a used vehicle, manufactured by the manufacturer, that is subject to a stop-sale order or do-not-drive order. Section 1 requires the new vehicle dealer to file a claim for such compensation with the manufacturer. Compensation for a claim filed pursuant to the provisions of this bill must be calculated at a rate of not less than 1 percent of the value of the used vehicle for each month that the used vehicle is in the inventory of the dealer, beginning 30 days after the stop-sale order or do-not-drive order is provided to the dealer. Finally, section 1 prohibits a manufacturer from taking certain actions to offset or reduce the amount of compensation owed to the dealer for filing the claim.

 


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prohibits a manufacturer from taking certain actions to offset or reduce the amount of compensation owed to the dealer for filing the claim. Section 3.5 of this bill adds recall service and repair to the list of items for which a manufacturer must fairly compensate a dealer. (NRS 482.36385) Section 4 of this bill adds a violation of section 1 to provisions in existing law that authorize a person who is aggrieved by certain violations to seek injunctive relief, and that authorize a person who is injured in his or her business by such a violation to bring an action to recover certain monetary damages. (NRS 482.36423) Section 5 of this bill adds a willful violation of section 1 to the list of violations in existing law for which a civil penalty may apply, and for which the Attorney General may seek injunctive relief. (NRS 482.36425) Section 2 of this bill makes conforming changes.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a manufacturer issues a recall and either a stop-sale order or a do-not-drive order on a used vehicle and parts or a remedy are not available to perform a recall service or repair on the vehicle within 30 days after issuing the recall, a new vehicle dealer that is franchised to sell and service new vehicles of the manufacturer is entitled to compensation from the manufacturer and may file a claim with the manufacturer for each used vehicle subject to the recall which the dealer:

      (a) Has in its used vehicle inventory on the date on which the stop-sale order or do-not-drive order is issued; or

      (b) Takes into its used car inventory as a consumer trade-in related to the sale of a new vehicle after the date on which the stop-sale order or do-not-drive order is issued.

      2.  A claim for compensation that is filed by a new vehicle dealer pursuant to this section:

      (a) Must be in a form prescribed by the manufacturer. The manufacturer may prescribe the manner in which a dealer must demonstrate eligibility for such compensation, including, without limitation, the documentation required to show the inventory status of a used vehicle, provided that the demonstration of eligibility or the providing of documentation is not unduly burdensome.

      (b) Except as otherwise provided in subsection 5, is subject to the provisions of NRS 482.36385.

      3.  Except as otherwise provided in subsections 4 and 5, compensation for a used vehicle pursuant to this section must be calculated at a rate of not less than 1 percent of the value of the used vehicle per month, beginning 30 days after the date on which the stop-sale order or do-not-drive order is provided to the dealer and continuing until the earlier of the date:

      (a) The parts or a remedy for the recall service or repair are made available to the dealer; or

      (b) The dealer sells, trades or otherwise disposes of the used vehicle.

      4.  Compensation due to a new vehicle dealer pursuant to subsection 1 is limited to an amount equal to the value of the used vehicle for which the compensation is paid.

 


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ê2017 Statutes of Nevada, Page 1540 (Chapter 291, AB 410)ê

 

      5.  A manufacturer, in lieu of compensating a new vehicle dealer pursuant to subsection 3, may:

      (a) Compensate the dealer pursuant to a national recall compensation program, if the amount of compensation owed to the dealer under the program is not less than the amount of compensation owed to the dealer pursuant to subsection 3; or

      (b) Enter into an agreement with the dealer for an alternative form or amount of compensation.

      6.  A manufacturer may not take any action to offset or reduce the amount of compensation owed to a new vehicle dealer pursuant to this section, including, without limitation, through a chargeback program, any reduction in an amount owed to the new vehicle dealer under an incentive program or the removal of the new vehicle dealer from an incentive program, if such action is taken, in whole or in part, because the new vehicle dealer filed a claim for compensation pursuant to this section. This subsection:

      (a) Does not apply to any action taken by a manufacturer that is applied uniformly to all new vehicle dealers of the same line and make of vehicles in this State; and

      (b) Is subject to the audit provisions of subsections 7 and 8 of NRS 482.36385.

      7.  Except as otherwise provided in subsection 5 and NRS 482.36385, any compensation provided to a new vehicle dealer pursuant to this section is exclusive and may not be combined with any other state or federal recall compensation remedy.

      8.  As used in this section:

      (a) “Do-not-drive order” means a notification issued by a manufacturer to its dealers or to the registered owner of a used vehicle or by the National Highway Traffic Safety Administration to the registered owner of a used vehicle stating that the vehicle is subject to a federal safety recall for a defect or noncompliance and including an unconditional instruction to the recipient of the notification to not drive the vehicle until the remedy for the recall is complete.

      (b) “Recall” means a safety recall of a vehicle in accordance with federal law and any regulations adopted thereunder.

      (c) “Stop-sale order” means a notification issued by a manufacturer to its dealers stating that a used vehicle in inventory must not be sold or leased, either retail or wholesale, because of a federal safety recall for a defect or noncompliance or because of a federal emissions recall.

      (d) “Value of the used vehicle” means the average trade-in value of the year, make and model of the subject used vehicle as indicated in an independent third-party guide.

      Sec. 2. NRS 482.36311 is hereby amended to read as follows:

      482.36311  As used in NRS 482.36311 to 482.36425, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 482.36318 to 482.36348, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3. (Deleted by amendment.)

      Sec. 3.3. NRS 482.36349 is hereby amended to read as follows:

      482.36349  [A]

 


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ê2017 Statutes of Nevada, Page 1541 (Chapter 291, AB 410)ê

 

      1.  Except as otherwise provided in subsection 2, a manufacturer is not subject to the provisions of NRS 482.36311 to 482.36425, inclusive, and section 1 of this act if the manufacturer:

      [1.](a) Only manufactures passenger cars powered solely by one or more electric motors;

      [2.](b) Only sells at retail new or new and used passenger cars that it manufactures; and

      [3.](c) Was selling such passenger cars at retail in this State on or before January 1, 2016.

      2.  A manufacturer described in subsection 1 is subject to the provisions of section 1 of this act.

      Sec. 3.5. NRS 482.36385 is hereby amended to read as follows:

      482.36385  It is an unfair act or practice for any manufacturer, distributor or factory branch, directly or through any representative, to:

      1.  Compete with a dealer. A manufacturer or distributor shall not be deemed to be competing when operating a previously existing dealership temporarily for a reasonable period, or in a bona fide retail operation which is for sale to any qualified person at a fair and reasonable price, or in a bona fide relationship in which a person has made a significant investment subject to loss in the dealership and can reasonably expect to acquire full ownership of the dealership on reasonable terms and conditions.

      2.  Discriminate unfairly among its dealers, or fail without good cause to comply with franchise agreements, with respect to warranty reimbursement or authority granted to its dealers to make warranty adjustments with retail customers.

      3.  Fail to compensate a dealer fairly for the work and services which the dealer is required to perform in connection with the delivery and preparation obligations under any franchise, or fail to compensate a dealer fairly for labor, parts and other expenses incurred by the dealer under the manufacturer’s warranty agreements [.] or any recall service or repairs. The manufacturer shall set forth in writing the respective obligations of a dealer and the manufacturer in the preparation of a vehicle for delivery, and as between them a dealer’s liability for a defective product is limited to the obligation so set forth. Fair compensation includes diagnosis and reasonable administrative and clerical costs. The dealer’s compensation for parts and labor to satisfy a warranty or a recall service or repair must not be less than the amount of money charged to its various retail customers for parts and labor that are not covered by a warranty. If parts are supplied by the manufacturer, including exchanged parts and assembled components, the dealer is entitled with respect to each part to an amount not less than the dealer’s normal retail markup for the part. This subsection does not apply to compensation for any part, system, fixture, appliance, furnishing, accessory or feature of a motor home or recreational vehicle that is designed, used and maintained primarily for nonvehicular, residential purposes.

      4.  Fail to:

      (a) Pay all claims made by dealers for compensation for delivery and preparation work, transportation claims, special campaigns and work to satisfy warranties and recall service or repairs within 30 days after approval, or fail to approve or disapprove such claims within 30 days after receipt;

      (b) Disapprove any claim without notice to the dealer in writing of the grounds for disapproval; or

 


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ê2017 Statutes of Nevada, Page 1542 (Chapter 291, AB 410)ê

 

      (c) Accept an amended claim for labor and parts if the amended claim is submitted not later than 60 days after the date on which the manufacturer or distributor notifies the dealer that the claim has been disapproved and the disapproval was based on the dealer’s failure to comply with a specific requirement for processing the claim, including, without limitation, a clerical error or other administrative technicality that does not relate to the legitimacy of the claim.

Ê Failure to approve or disapprove or to pay within the specified time limits in an individual case does not constitute a violation of this section if the failure is because of reasons beyond the control of the manufacturer, distributor or factory branch.

      5.  Sell a new vehicle to a person who is not licensed as a new vehicle dealer under the provisions of this chapter.

      6.  Use false, deceptive or misleading advertising or engage in deceptive acts in connection with the manufacturer’s or distributor’s business.

      7.  Perform an audit to confirm a claim for compensation pursuant to section 1 of this act, warranty repair, sales incentive or rebate more than 9 months after the date on which the claim was made. An audit of a dealer’s records pursuant to this subsection may be conducted by the manufacturer or distributor on a reasonable basis, and a dealer’s claim for warranty or sales incentive compensation or compensation pursuant to section 1 of this act must not be denied except for good cause, including, without limitation, performance of nonwarranty repairs, lack of material documentation, fraud or misrepresentation. A dealer’s failure to comply with the specific requirements of the manufacturer or distributor for processing the claim does not constitute grounds for the denial of the claim or the reduction of the amount of compensation to the dealer if reasonable documentation or other evidence has been presented to substantiate the claim. The manufacturer or distributor shall not deny a claim or reduce the amount of compensation to the dealer for warranty repairs to resolve a condition discovered by the dealer during the course of a separate repair.

      8.  Prohibit or prevent a dealer from appealing the results of an audit to confirm a warranty repair, sales incentive , claim for compensation made pursuant to section 1 of this act or rebate, or to require that such an appeal be conducted at a location other than the dealer’s place of business.

      Sec. 4. NRS 482.36423 is hereby amended to read as follows:

      482.36423  1.  Whenever it appears that a person has violated, is violating or is threatening to violate any provision of NRS 482.36311 to 482.36425, inclusive, and section 1 of this act, any person aggrieved thereby may apply to the district court in the county where the defendant resides, or in the county where the violation or threat of violation occurs, for injunctive relief to restrain the person from continuing the violation or threat of violation.

 

 

 

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 1543 (Chapter 291, AB 410)ê

 

      2.  In addition to any other judicial relief, any dealer or person who assumes the operation of a franchise pursuant to NRS 482.36396 to 482.36414, inclusive, who is injured in his or her business or property by reason of a violation of NRS 482.36311 to 482.36425, inclusive, and section 1 of this act may bring an action in the district court in which the dealership is located, and may recover three times the pecuniary loss sustained by the dealer or person, and the cost of suit, including a reasonable attorney’s fee. The amount of pecuniary loss sustained by a dealer, pursuant to subsection 7 of NRS 482.3638, is the fair market value of the franchised dealership at the time of notification of termination, refusal to continue or unilateral modification of a franchise.

      3.  Any artificial person created and existing under the laws of any other state, territory, foreign government or the government of the United States, or any person residing outside the State, who grants a franchise to any dealer in this State may be served with any legal process in any action for injunctive relief or civil damages in the following manner:

      (a) By delivering a copy of the process to the Director; and

      (b) By mailing to the last known address of the manufacturer or distributor, by certified mail, return receipt requested, a copy of the summons and a copy of the complaint, together with copies of any petition or order for injunctive relief.

      4.  The defendant has 30 days, exclusive of the day of service, within which to answer or plead.

      5.  The method of service provided in this section is cumulative and may be utilized with, after or independently of all other methods of service.

      Sec. 5. NRS 482.36425 is hereby amended to read as follows:

      482.36425  1.  Any manufacturer or distributor who willfully violates any provision of NRS 482.36311 to 482.36425, inclusive, and section 1 of this act is subject to a civil penalty of not less than $50 nor more than $1,000 for each day of violation and for each act of violation. All civil penalties recovered must be paid to the State of Nevada.

      2.  Whenever it appears that a manufacturer or distributor has violated, is violating or is threatening to violate any provision of NRS 482.36311 to 482.36425, inclusive, and section 1 of this act, the Attorney General may institute a civil suit in any district court of this State for injunctive relief to restrain the violation or threat of violation or, if the violation or threat is willful, for the assessment and recovery of the civil penalty, or both.

      Sec. 6.  This act becomes effective upon passage and approval.

________

 

 


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ê2017 Statutes of Nevada, Page 1544ê

 

CHAPTER 292, AB 481

Assembly Bill No. 481–Committee on Government Affairs

 

CHAPTER 292

 

[Approved: June 1, 2017]

 

AN ACT relating to internal audits; eliminating the requirement for the appointment of a Manager of Internal Controls to the Division of Internal Audits of the Office of Finance; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the Administrator of the Division of Internal Audits of the Office of Finance is authorized to employ, within the limits of legislative appropriations, such staff as necessary to perform his or her duties. (NRS 353A.041) Existing law requires the Administrator to appoint and establish the powers and duties of a Manager of Internal Controls. (NRS 353A.045) The person appointed as Manager of Internal Controls is required to have certain qualifications related to accounting and auditing and serves in the unclassified service of the State. (NRS 353A.047) This bill eliminates the requirement that the Administrator appoint a Manager of Internal Controls.

 

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 353A.045 is hereby amended to read as follows:

      353A.045  The Administrator shall:

      1.  Report to the Director.

      2.  Develop long-term and annual work plans to be based on the results of periodic documented risk assessments. The annual work plan must list the agencies to which the Division will provide training and assistance and be submitted to the Director for approval. Such agencies must not include:

      (a) A board created by the provisions of NRS 590.485 and chapters 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 654 and 656 of NRS.

      (b) The Nevada System of Higher Education.

      (c) The Public Employees’ Retirement System.

      (d) The Housing Division of the Department of Business and Industry.

      (e) The Colorado River Commission of Nevada.

      3.  Provide a copy of the approved annual work plan to the Legislative Auditor.

      4.  In consultation with the Director, prepare a plan for auditing executive branch agencies for each fiscal year and present the plan to the Committee for its review and approval. Each plan for auditing must:

      (a) State the agencies which will be audited, the proposed scope and assignment of those audits and the related resources which will be used for those audits; and

      (b) Ensure that the internal accounting, administrative controls and financial management of each agency are reviewed periodically.

 


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ê2017 Statutes of Nevada, Page 1545 (Chapter 292, AB 481)ê

 

      5.  Perform the audits of the programs and activities of the agencies in accordance with the plan approved pursuant to subsection 5 of NRS 353A.038 and prepare audit reports of his or her findings.

      6.  Review each agency that is audited pursuant to subsection 5 and advise those agencies concerning internal accounting, administrative controls and financial management.

      7.  Submit to each agency that is audited pursuant to subsection 5 analyses, appraisals and recommendations concerning:

      (a) The adequacy of the internal accounting and administrative controls of the agency; and

      (b) The efficiency and effectiveness of the management of the agency.

      8.  Report any possible abuses, illegal actions, errors, omissions and conflicts of interest of which the Division becomes aware during the performance of an audit.

      9.  Adopt the standards of The Institute of Internal Auditors for conducting and reporting on internal audits.

      10.  Consult with the Legislative Auditor concerning the plan for auditing and the scope of audits to avoid duplication of effort and undue disruption of the functions of agencies that are audited pursuant to subsection 5.

      [11.  Appoint a Manager of Internal Controls.]

      Sec. 2. NRS 353A.047 is hereby repealed.

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

________

CHAPTER 293, AB 483

Assembly Bill No. 483–Committee on Government Affairs

 

CHAPTER 293

 

[Approved: June 1, 2017]

 

AN ACT relating to state purchasing; transferring the administration of the Program to Encourage and Facilitate Purchases by Agencies of Commodities and Services From Organizations from the Rehabilitation Division of the Department of Employment, Training and Rehabilitation to the Purchasing Division of the Department of Administration; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Rehabilitation Division of the Department of Employment, Training and Rehabilitation to establish and administer the Program to Encourage and Facilitate Purchases by Agencies of Commodities and Services From Organizations to aid in the purchase by public agencies of commodities and services from certain nonprofit organizations which train and employ persons with mental or physical disabilities. If such an organization enters into a contract with the State pursuant to the Program, the Rehabilitation Division receives a percentage of the payment made to the organization to offset the cost to the Rehabilitation Division of establishing and administering the Program. (NRS 334.025) This bill transfers the duty to administer the Program from the Rehabilitation Division to the Purchasing Division of the Department of Administration.

 


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ê2017 Statutes of Nevada, Page 1546 (Chapter 293, AB 483)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 332.117 is hereby amended to read as follows:

      332.117  1.  In accordance with the Program to Encourage and Facilitate Purchases by Agencies of Commodities and Services From Organizations established pursuant to NRS 334.025, a governing body of a local government or its authorized representative may award, without complying with the requirements for competitive bidding set forth in this chapter, a contract for services or for the purchase of supplies, materials, equipment or labor to a nonprofit organization or agency whose primary purpose is the training and employment of persons with a mental or physical disability, including, without limitation, a provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive.

      2.  A nonprofit organization or agency that:

      (a) Wishes to submit a bid for such a contract must:

             (1) Register with the [Rehabilitation] Purchasing Division of the Department of [Employment, Training and Rehabilitation] Administration as required pursuant to NRS 334.025; and

             (2) Establish a fair-market price for those services, supplies, materials, equipment or labor by conducting a market survey and must include the survey with the bid submitted to the local government.

      (b) Is awarded such a contract must report quarterly to the [Rehabilitation] Purchasing Division as required pursuant to NRS 334.025.

      3.  As used in this section, “nonprofit organization or agency” means an organization or agency that is recognized as exempt pursuant to the provisions of 26 U.S.C. § 501(c)(3).

      Sec. 2. NRS 333.375 is hereby amended to read as follows:

      333.375  1.  The provisions of NRS 331.100 notwithstanding, and in accordance with the Program to Encourage and Facilitate Purchases by Agencies of Commodities and Services From Organizations established pursuant to NRS 334.025, the Purchasing Division may award without accepting competitive bids a contract for services or the purchase of commodities to nonprofit organizations or agencies whose primary purpose is the training and employment of persons with a mental or physical disability, including, without limitation, a provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive.

      2.  A nonprofit organization or agency that:

      (a) Wishes to submit a bid for such a contract must:

             (1) Register with the [Rehabilitation] Purchasing Division [of the Department of Employment, Training and Rehabilitation] as required pursuant to NRS 334.025; and

             (2) Establish a fair-market price for those services or commodities by conducting a market survey and must include the survey with the bid submitted to the Purchasing Division.

      (b) Is awarded such a contract must report quarterly to the [Rehabilitation] Purchasing Division as required pursuant to NRS 334.025.

      3.  As used in this section, “nonprofit organization or agency” means an organization or agency that is recognized as exempt pursuant to the provisions of 26 U.S.C. § 501(c)(3).

 


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ê2017 Statutes of Nevada, Page 1547 (Chapter 293, AB 483)ê

 

      Sec. 3. NRS 334.025 is hereby amended to read as follows:

      334.025  1.  The [Rehabilitation] Purchasing Division of the Department of [Employment, Training and Rehabilitation] Administration shall establish and administer a Program to Encourage and Facilitate Purchases by Agencies of Commodities and Services From Organizations.

      2.  The Program may include:

      (a) A method for assisting an agency that wishes to purchase commodities or services from an organization to locate such commodities and services that meet the needs of the agency;

      (b) A method for assisting an organization to locate an agency that wishes to purchase commodities or services from organizations;

      (c) A method for encouraging agencies to purchase commodities and services from organizations;

      (d) A method to review objections to an award of a contract to an organization, which method must be limited to a review of the process used for awarding the contract to ensure that the appropriate procedures were followed in awarding the contract;

      (e) The establishment of a percentage, not to exceed 4 percent, of the full amount of payment to an organization which is awarded a contract for all commodities and services to be provided to the agency pursuant to the contract that is sufficient to pay the cost to the [Rehabilitation] Purchasing Division of establishing and administering the Program; and

      (f) A method for collecting information from an agency in a report to the [Rehabilitation] Purchasing Division, which report may include, without limitation:

             (1) The number of persons with mental or physical disabilities currently employed at the agency; and

             (2) The number of contracts the agency has entered into pursuant to the Program which are currently in effect and a list of the organizations with which the agency has entered such contracts.

      3.  An organization that wishes to participate in the Program must register with the [Rehabilitation] Purchasing Division on a form prescribed by the Administrator before contacting any agency concerning entering into a contract pursuant to the Program.

      4.  In administering the Program, the [Rehabilitation] Purchasing Division shall, upon request of an agency or organization, assist the agency or organization in establishing a contract for the purchase of commodities or services.

      5.  A contract entered into pursuant to the Program must provide for a payment to the [Rehabilitation] Purchasing Division in an amount equal to the full amount of payment to the organization for all commodities and services to be provided to the agency pursuant to the contract multiplied by the percentage established pursuant to paragraph (e) of subsection 2.

      6.  An organization that has entered into a contract with an agency pursuant to the Program shall report quarterly to the [Rehabilitation] Purchasing Division, on a form prescribed by the Administrator, such information as the [Rehabilitation] Purchasing Division deems necessary to administer the Program.

      7.  The Administrator may adopt regulations to carry out the provisions of this section.

      8.  As used in this section:

 


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ê2017 Statutes of Nevada, Page 1548 (Chapter 293, AB 483)ê

 

      (a) “Administrator” means the Administrator of the [Rehabilitation] Purchasing Division of the Department of [Employment, Training and Rehabilitation.] Administration.

      (b) “Agency” means a local government as defined in NRS 332.015 and using agencies as defined in NRS 333.020.

      (c) “Organization” means an organization that is recognized as exempt pursuant to the provisions of 26 U.S.C. § 501(c)(3) whose primary purpose is the training and employment of persons with mental or physical disabilities, including, without limitation, a provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive.

      Sec. 4.  1.  Any administrative regulations adopted by an officer or entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act remain in force until amended by the officer or entity to which the responsibility for the adoption of the regulations has been transferred.

      2.  Any contracts or other agreements entered into by an officer or entity whose name has been changed pursuant to the provisions of this act are binding upon the officer or entity to which the responsibility for the administration of the provision of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or entity to which the responsibility for the enforcement of the provisions of the contract or other agreements has been transferred.

      3.  Any action taken by an officer or entity whose name has been changed pursuant to the provisions of this act remains in effect as if taken by the officer or entity to which the responsibility for the enforcement of such actions has been transferred.

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

________

CHAPTER 294, SB 79

Senate Bill No. 79–Committee on Government Affairs

 

CHAPTER 294

 

[Approved: June 1, 2017]

 

AN ACT relating to confidential information; revising provisions concerning certain personal information contained in the records of a county assessor; authorizing certain persons and entities to request that certain personal information contained in the records of a county assessor, county recorder, the Secretary of State or a county or city clerk remain confidential; authorizing disclosure of such confidential information in certain circumstances; authorizing the denial of a request for such confidential information in certain circumstances; authorizing certain persons to request that the Department of Motor Vehicles display an alternate address on the person’s driver’s license, commercial driver’s license or identification card; authorizing the Department to adopt regulations; providing civil and criminal penalties; and providing other matters properly relating thereto.

 


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ê2017 Statutes of Nevada, Page 1549 (Chapter 294, SB 79)ê

 

Legislative Counsel’s Digest:

      Existing law authorizes: (1) any justice or judge in this State; (2) any peace officer or retired peace officer; (3) the spouse or minor child of any such person; or (4) the surviving spouse or minor child of any such person who was killed in the performance of his or her duties to request that his or her home address or any photograph thereof that is contained in the records of a county assessor be kept confidential. A person who wishes to have such personal information be kept confidential is required to obtain an order of a court, based on a sworn affidavit by the person, requiring the county assessor to maintain the personal information in a confidential manner. A county assessor is authorized to provide such confidential information for use in certain limited circumstances and to deny a request for confidential information if he or she reasonably believes that the information may be used in an unauthorized manner. (NRS 250.120-250.170)

      Existing law provides that a person who violates certain provisions relating to obtaining or disclosing any such confidential information is guilty of a misdemeanor. Additionally, a court may order a person who violates such a provision to pay a civil penalty in an amount not to exceed $2,500 for each act. (NRS 250.210-250.230)

      Section 14 of this bill adds to the list of people authorized to request that personal information contained in the records of a county assessor be kept confidential: (1) any senior justice or senior judge in this State; (2) any court-appointed master in this State; (3) any clerk of a court, court administrator or court executive officer in this State; (4) any prosecutor or state or county public defender; (5) the domestic partner of any such person or any justice, judge, peace officer or retired peace officer; and (6) the surviving domestic partner of any such person or any justice, judge, peace officer or retired peace officer who was killed in the performance of his or her duties. Section 13 of this bill: (1) includes any telephone number or electronic mail address of a person as personal information that a person may request to be kept confidential; (2) removes the photograph of the home of a person and the photograph of the spouse or minor child of a person from personal information that a person may request to be confidential. Sections 13-14 also provide that any nonprofit entity in this State that maintains a confidential location for the purpose of providing shelter to victims of domestic violence may request that any information pertaining to such a confidential location that is contained in the records of a county assessor be kept confidential.

      Sections 2-12 and 18-28 of this bill, respectively, apply the provisions of existing law relating to personal information contained in the records of a county assessor to personal information contained in the records of: (1) a county recorder; and (2) the Secretary of State or a county or city clerk. Accordingly, Sections 2-12 and 18-28 establish new provisions which are generally modeled after the provisions of existing law relating to personal information contained in the records of a county assessor. Sections 6 and 22 of this bill, respectively, authorize any district attorney or attorney employed by the district attorney or certain state or county public defenders to request that personal information contained in the records of a county recorder or the Secretary of State or county or city clerk be kept confidential. Section 6 additionally authorizes any nonprofit entity in this State that maintains a confidential location for the purpose of providing shelter to victims of domestic violence to request that information pertaining to such a confidential location that is contained in the records of a county recorder be kept confidential. Sections 8 and 24 of this bill, respectively, authorize a county recorder or the Secretary of State or a county or city clerk to provide confidential information for use by a title agent or title insurer acting in that capacity.

      Section 34 of this bill: (1) authorizes certain persons to request that the Department of Motor Vehicles display an alternate address on the person’s driver’s license, commercial driver’s license or identification card; and (2) authorizes the Department to adopt regulations relating to such a procedure.

 


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ê2017 Statutes of Nevada, Page 1550 (Chapter 294, SB 79)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 247 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

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

      Sec. 3. “Confidential information” means personal information deemed confidential pursuant to section 5 of this act.

      Sec. 4. “Personal information” means:

      1.  The home address of a person;

      2.  The home address of the spouse, domestic partner or minor child of a person;

      3.  Any telephone number or electronic mail address of a person; and

      4.  Any information pertaining to a confidential location maintained by a nonprofit entity in this State for the purpose of providing shelter to victims of domestic violence,

Ê but does not include an assessor’s parcel number.

      Sec. 5. 1.  Any person or entity listed in section 6 of this act who wishes to have the personal information of the person or entity that is contained in the records of a county recorder be kept confidential must obtain an order of a court that requires the county recorder to maintain the personal information of the person or entity in a confidential manner. Such an order must be based on a sworn affidavit by the person or, if an entity, a person authorized to sign on behalf of the entity, which affidavit:

      (a) States that the affiant qualifies as a person listed in section 6 of this act or that the entity on behalf of whom the person is signing qualifies as an entity listed in section 6 of this act;

      (b) Sets forth sufficient justification for the request for confidentiality; and

      (c) Sets forth the document numbers of all records of a county recorder that contain confidential information.

      2.  Upon receipt of such an order, a county recorder shall keep such information confidential and shall not:

      (a) Disclose the confidential information to anyone, unless disclosure is specifically authorized in writing by that person or entity; or

      (b) Post the confidential information on the Internet or its successor, if any, or make the information available to others in any other way.

      Sec. 6. 1.  The following persons may request that the personal information described in subsection 1, 2 or 3 of section 4 of this act that is contained in the records of a county recorder be kept confidential:

      (a) Any justice or judge in this State.

      (b) Any senior justice or senior judge in this State.

      (c) Any court-appointed master in this State.

      (d) Any clerk of a court, court administrator or court executive officer in this State.

      (e) Any district attorney or attorney employed by the district attorney who as part of his or her normal job responsibilities prosecutes persons for:

 


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             (1) Crimes that are punishable as category A felonies; or

             (2) Domestic violence.

      (f) Any state or county public defender who as part of his or her normal job responsibilities defends persons for:

             (1) Crimes that are punishable as category A felonies; or

             (2) Domestic violence.

      (g) The spouse, domestic partner or minor child of a person described in paragraphs (a) to (f), inclusive.

      (h) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to (f), inclusive, who was killed in the performance of his or her duties.

      2.  Any nonprofit entity in this State that maintains a confidential location for the purpose of providing shelter to victims of domestic violence may request that the personal information described in subsection 4 of section 4 of this act that is contained in the records of a county recorder be kept confidential.

      Sec. 7. If a person or entity listed in section 6 of this act requests confidentiality, the confidential information of that person or entity may only be disclosed as provided in NRS 239.0115 or section 8 of this act or as otherwise specifically authorized by law.

      Sec. 8. 1.  A county recorder may provide confidential information for use:

      (a) By any governmental entity, including, without limitation, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions.

      (b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, without limitation, use for service of process, investigation in anticipation of litigation, and execution or enforcement of judgments and orders or pursuant to an order of a federal or state court.

      (c) By a private investigator, private patrol officer or security consultant who is licensed pursuant to chapter 648 of NRS, for any use authorized pursuant to this section.

      (d) In connection with an investigation conducted pursuant to NRS 253.0415 or 253.220.

      (e) In activities relating to research and the production of statistical reports, if the address or information will not be published or otherwise disclosed or used to contact any person.

      (f) In the bulk distribution of surveys, marketing material or solicitations, if the county recorder has adopted policies and procedures to ensure that the information will be used or sold only for use in the bulk distribution of surveys, marketing material or solicitations.

      (g) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated, federally licensed radio or television station.

      (h) By a title agent or title insurer acting pursuant to chapter 692A of NRS.

 

 


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      2.  Except for a reporter or editorial employee described in paragraph (g) of subsection 1, a person who obtains information pursuant to this section and sells or discloses that information shall keep and maintain for at least 5 years a record of:

      (a) Each person to whom the information is sold or disclosed; and

      (b) The purpose for which that person will use the information.

      Sec. 9. Except for a request from a governmental entity pursuant to paragraph (a) of subsection 1 of section 8 of this act or in response to an order of a federal or state court pursuant to paragraph (b) of subsection 1 of section 8 of this act, a county recorder may deny a request for confidential information if the county recorder reasonably believes that the information may be used in an unauthorized manner.

      Sec. 10. 1.  A person shall not:

      (a) Make a false representation to obtain any information pursuant to sections 2 to 9, inclusive, of this act; or

      (b) Knowingly obtain or disclose information pursuant to sections 2 to 9, inclusive, of this act for any use not authorized pursuant to sections 2 to 9, inclusive, of this act.

      2.  A person who violates the provisions of this section is guilty of a misdemeanor.

      Sec. 11. If a person discloses confidential information about a person or entity listed in section 6 of this act in violation of sections 2 to 9, inclusive, of this act and the person who makes the disclosure knows or reasonably should know that such disclosure will create a substantial risk of bodily harm to the person about whom the information pertains or to a person to whom the entity is providing shelter, as applicable, the person who makes the disclosure is guilty of a misdemeanor.

      Sec. 12. In addition to any penalty imposed pursuant to section 10 or 11 of this act, the court may order a person who commits an act described in those sections to pay a civil penalty in an amount not to exceed $2,500 for each act.

      Sec. 13. NRS 250.120 is hereby amended to read as follows:

      250.120  “Personal information” means:

      1.  The home address of [the] a person;

      2.  The home address of the spouse , domestic partner or minor child of [the] a person;

      3.  [Any photograph of the home of the person; and

      4.  Any photograph of the home of the spouse or minor child of the person,]  Any telephone number or electronic mail address of a person; and

      4.  Any information pertaining to a confidential location maintained by a nonprofit entity in this State for the purpose of providing shelter to victims of domestic violence,

Ê but does not include an assessor’s parcel number.

      Sec. 13.5. NRS 250.130 is hereby amended to read as follows:

      250.130  1.  Any person or entity listed in NRS 250.140 who wishes to have the personal information [about himself or herself] of the person or entity that is contained in the records of a county assessor be kept confidential must obtain an order of a court that requires the county assessor to maintain the personal information of the person or entity in a confidential manner. Such an order must be based on a sworn affidavit by the person [,] or, if an entity, a person authorized to sign on behalf of the entity, which affidavit:

 


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      (a) States that the affiant qualifies as a person listed in NRS 250.140 [;] or that the entity on behalf of whom the person is signing qualifies as an entity listed in NRS 250.140; and

      (b) Sets forth sufficient justification for the request for confidentiality.

      2.  Upon receipt of such an order, a county assessor shall keep such information confidential and shall not:

      (a) Disclose the confidential information to anyone, unless disclosure is specifically authorized in writing by that person [;] or entity; or

      (b) Post the confidential information on the Internet or its successor, if any, or make the information available to others in any other way.

      Sec. 14. NRS 250.140 is hereby amended to read as follows:

      250.140  1.  The following persons may request that personal information described in subsection 1, 2 or 3 of NRS 250.120 that is contained in the records of a county assessor be kept confidential:

      (a) Any justice or judge in this State.

      (b) Any senior justice or senior judge in this State.

      (c) Any court-appointed master in this State.

      (d) Any clerk of a court, court administrator or court executive officer in this State.

      (e) Any peace officer or retired peace officer.

      [(c)](f) Any prosecutor.

      (g) Any state or county public defender.

      (h) The spouse , domestic partner or minor child of a person described in [paragraph] paragraphs (a) [or (b).

      (d)]to (g), inclusive.

      (i) The surviving spouse , domestic partner or minor child of a person described in [paragraph] paragraphs (a) [or (b)] to (g), inclusive, who was killed in the performance of his or her duties.

      2.  Any nonprofit entity in this State that maintains a confidential location for the purpose of providing shelter to victims of domestic violence may request that the personal information described in subsection 4 of NRS 250.120 that is contained in the records of a county assessor be kept confidential.

      3.  As used in this section [, “peace] :

      (a) “Peace officer” means:

      [(a)](1) 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; and

      [(b)](2) Any person:

             [(1)](I) Who resides in this State;

             [(2)](II) Whose primary duties are to enforce the law; and

             [(3)](III) Who is employed by a law enforcement agency of the Federal Government, including, without limitation, a ranger for the National Park Service and an agent employed by the Federal Bureau of Investigation, Secret Service, United States Department of Homeland Security or United States Department of the Treasury.

      (b) “Prosecutor” has the meaning ascribed to it in NRS 241A.030.

      Sec. 15. NRS 250.150 is hereby amended to read as follows:

      250.150  If a person or entity listed in NRS 250.140 requests confidentiality, the confidential information of that person or entity may only be disclosed as provided in NRS 239.0115, 250.087, 250.160 or 250.180 [.] or as otherwise specifically authorized by law.

 


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      Sec. 15.5. NRS 250.220 is hereby amended to read as follows:

      250.220  If a person discloses confidential information about a person or entity listed in NRS 250.140 in violation of NRS 250.100 to 250.180, inclusive, and the person who makes the disclosure knows or reasonably should know that such disclosure will create a substantial risk of bodily harm to the person about whom the information pertains [,] or to a person to whom the entity is providing shelter, as applicable, the person who makes the disclosure is guilty of a misdemeanor.

      Sec. 16. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 41.071, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 130.712, 136.050, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.

 


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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 6, 7, 8, 21, 22, 23, 33, 34 and 35 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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      Sec. 17. Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 18 to 28, inclusive, of this act.

      Sec. 18. As used in sections 18 to 28, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 19 and 20 of this act have the meanings ascribed to them in those sections.

      Sec. 19. “Confidential information” means personal information deemed confidential pursuant to section 21 of this act.

      Sec. 20. “Personal information” means:

      1.  The home address of a person;

      2.  The home address of the spouse, domestic partner or minor child of a person; and

      3.  Any telephone number or electronic mail address of a person,

Ê but does not include an assessor’s parcel number.

      Sec. 21. 1.  Any person listed in section 22 of this act who wishes to have personal information about himself or herself that is contained in the records of the Secretary of State or a county or city clerk be kept confidential must obtain an order of a court that requires the Secretary of State or the county clerk or city clerk to maintain the personal information of the person in a confidential manner. Such an order must be based on a sworn affidavit by the person, which affidavit:

      (a) States that the affiant qualifies as a person listed in section 22 of this act; and

      (b) Sets forth sufficient justification for the request for confidentiality.

      2.  Upon receipt of such an order, the Secretary of State or a county or city clerk shall keep such information confidential and shall not:

      (a) Disclose the confidential information to anyone, unless disclosure is specifically authorized in writing by that person; or

      (b) Post the confidential information on the Internet or its successor, if any, or make the information available to others in any other way.

      Sec. 22. The following persons may request that personal information contained in the records of the Secretary of State or a county or city clerk be kept confidential:

      1.  Any justice or judge in this State.

      2.  Any senior justice or senior judge in this State.

      3.  Any court-appointed master in this State.

      4.  Any clerk of a court, court administrator or court executive officer in this State.

      5.  Any district attorney or attorney employed by the district attorney who as part of his or her normal job responsibilities prosecutes persons for:

      (a) Crimes that are punishable as category A felonies; or

      (b) Domestic violence.

      6.  Any state or county public defender who as part of his or her normal job responsibilities defends persons for:

      (a) Crimes that are punishable as category A felonies; or

      (b) Domestic violence.

      7.  The spouse, domestic partner or minor child of a person described in subsections 1 to 6, inclusive.

      8.  The surviving spouse, domestic partner or minor child of a person described in subsections 1 to 6, inclusive, who was killed in the performance of his or her duties.

 


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      Sec. 23. If a person listed in section 22 of this act requests confidentiality, the confidential information of that person may only be disclosed as provided in NRS 239.0115 or section 24 of this act or as otherwise specifically authorized by law.

      Sec. 24. 1.  The Secretary of State or a county or city clerk may provide confidential information for use:

      (a) By any governmental entity, including, without limitation, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions.

      (b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, without limitation, use for service of process, investigation in anticipation of litigation, and execution or enforcement of judgments and orders or pursuant to an order of a federal or state court.

      (c) By a private investigator, private patrol officer or security consultant who is licensed pursuant to chapter 648 of NRS, for any use authorized pursuant to this section.

      (d) In connection with an investigation conducted pursuant to NRS 253.0415 or 253.220.

      (e) In activities relating to research and the production of statistical reports, if the address or information will not be published or otherwise disclosed or used to contact any person.

      (f) In the bulk distribution of surveys, marketing material or solicitations, if the Secretary of State or the county or city clerk has adopted policies and procedures to ensure that the information will be used or sold only for use in the bulk distribution of surveys, marketing material or solicitations.

      (g) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated, federally licensed radio or television station.

      (h) By a title agent or title insurer acting pursuant to chapter 692A of NRS.

      2.  Except for a reporter or editorial employee described in paragraph (g) of subsection 1, a person who obtains information pursuant to this section and sells or discloses that information shall keep and maintain for at least 5 years a record of:

      (a) Each person to whom the information is sold or disclosed; and

      (b) The purpose for which that person will use the information.

      Sec. 25. Except for a request from a governmental entity pursuant to paragraph (a) of subsection 1 of section 24 of this act or in response to an order of a federal or state court pursuant to paragraph (b) of subsection 1 of section 24 of this act, the Secretary of State or a county or city clerk may deny a request for confidential information if the Secretary of State or the county or city clerk reasonably believes that the information may be used in an unauthorized manner.

      Sec. 26. 1.  A person shall not:

      (a) Make a false representation to obtain any information pursuant to sections 18 to 25, inclusive, of this act; or

 


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      (b) Knowingly obtain or disclose information pursuant to sections 18 to 25, inclusive, of this act for any use not authorized pursuant to sections 18 to 25, inclusive, of this act.

      2.  A person who violates the provisions of this section is guilty of a misdemeanor.

      Sec. 27. If a person discloses confidential information about a person listed in section 22 of this act in violation of sections 18 to 25, inclusive, of this act and the person who makes the disclosure knows or reasonably should know that such disclosure will create a substantial risk of bodily harm to the person about whom the information pertains, the person who makes the disclosure is guilty of a misdemeanor.

      Sec. 28. In addition to any penalty imposed pursuant to section 26 or 27 of this act, the court may order a person who commits an act described in those sections to pay a civil penalty in an amount not to exceed $2,500 for each act.

      Sec. 29. Chapter 481 of NRS is hereby amended by adding thereto the provisions set forth as sections 30 to 40, inclusive, of this act.

      Secs. 30 and 31.  (Deleted by amendment.)

      Sec. 32. As used in sections 32 to 40, inclusive, of this act, unless the context otherwise requires, “personal information” means:

      1.  The home address of a person; and

      2.  The home address of the spouse, domestic partner or minor child of a person.

      Sec. 33.  (Deleted by amendment.)

      Sec. 34. 1.  The following persons may request that the Department display an alternate address on the person’s driver’s license, commercial driver’s license or identification card:

      (a) Any justice or judge in this State.

      (b) Any senior justice or senior judge in this State.

      (c) Any court-appointed master in this State.

      (d) Any clerk of the court, court administrator or court executive officer in this State.

      (e) Any district attorney or attorney employed by the district attorney who as part of his or her normal job responsibilities prosecutes persons for:

             (1) Crimes that are punishable as category A felonies; or

             (2) Domestic violence.

      (f) Any state or county public defender who as part of his or her normal job responsibilities defends persons for:

             (1) Crimes that are punishable as category A felonies; or

             (2) Domestic violence.

      (g) The spouse, domestic partner or minor child of a person described in paragraphs (a) to (f), inclusive.

 

 

 

 

 

 

 


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      (h) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to (f), inclusive, who was killed in the performance of his or her duties.

      2.  A person who wishes to have an alternate address displayed on his or her driver’s license, commercial driver’s license or identification card pursuant to this section must submit to the Department satisfactory proof:

      (a) That he or she is a person described in subsection 1; and

      (b) Of the person’s address of principal residence and mailing address, if different from the address of principal residence.

      3.  A person who obtains a driver’s license, commercial driver’s license or identification card that displays an alternate address pursuant to this section may subsequently submit a request to the Department to have his or her address of principal residence displayed on his or her driver’s license, commercial driver’s license or identification card instead of the alternate address.

      4.  The Department may adopt regulations to carry out the provisions of this section.

      Sec. 35. If a person requests pursuant to section 34 of this act to have an alternate address displayed on the person’s driver’s license, commercial driver’s license or identification card, the personal information of that person may only be disclosed as provided in NRS 239.0115 or 481.063 or as otherwise specifically authorized by law.

      Secs. 36 and 37.  (Deleted by amendment.)

      Sec. 38. 1.  A person shall not:

      (a) Make a false representation to obtain any information pursuant to sections 32 to 35, inclusive, of this act; or

      (b) Knowingly obtain or disclose information pursuant to sections 32 to 35, inclusive, of this act for any use not authorized pursuant to sections 32 to 35, inclusive, of this act.

      2.  A person who violates the provisions of this section is guilty of a misdemeanor.

      Sec. 39. If a person discloses personal information about a person listed in section 34 of this act in violation of sections 32 to 35, inclusive, of this act and the person who makes the disclosure knows or reasonably should know that such disclosure will create a substantial risk of bodily harm to the person about whom the information pertains, the person who makes the disclosure is guilty of a misdemeanor.

      Sec. 40. In addition to any penalty imposed pursuant to section 38 or 39 of this act, the court may order a person who commits an act described in those sections to pay a civil penalty in an amount not to exceed $2,500 for each act.

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ê2017 Statutes of Nevada, Page 1560ê

 

CHAPTER 295, SB 164

Senate Bill No. 164–Senator Farley

 

CHAPTER 295

 

[Approved: June 1, 2017]

 

AN ACT relating to education; authorizing a school district to lease school buses or vehicles belonging to the school district in certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the board of trustees of a school district to allow school buses or vehicles belonging to the school district to be used for the transportation of public school pupils and children in certain circumstances. (NRS 386.790, 386.815) This bill authorizes a board of trustees to enter into a written agreement to lease school buses or vehicles belonging to the school district for special events taking place within the county in which the school district is located when a commercial bus is not reasonably available under certain circumstances. This bill also requires that any such agreement include provisions requiring the lessee to: (1) provide a security deposit; (2) pay a fee for the use of the school bus or vehicle; (3) accept responsibility for any damage to the bus or vehicle; (4) provide indemnification to the lessor school district and the school district’s bus driver against any claim; (5) provide proof that each driver is licensed under the laws of this State and proof of insurance; (6) provide proof of a permit or other approval for the special event, if required by a governmental entity; (7) give preference to hiring a driver who is employed by the school district; and (8) acknowledge that the lessee is not entitled to the limitation on damages that applies to government employees and entities (NRS 41.035). Additionally, this bill limits the number of school buses and vehicles a school district may lease during any period of time to not more than 8.5 percent of the total number of school buses and vehicles belonging to that school district.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 386 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The board of trustees of a school district may, except as otherwise provided in subsections 5 and 6, authorize the school district to enter into a written agreement to lease school buses or vehicles belonging to the school district for special events that take place within the county in which the school district is located, provided that such an agreement will not interfere with or prevent the school district from furnishing transportation for pupils for the purposes described in NRS 386.790 and 386.815.

      2.  If a school district enters into an agreement pursuant to this section, the agreement must include, without limitation, a provision requiring the lessee to:

      (a) Provide a security deposit in an amount which is not less than 20 percent of the estimated total amount of the fee set forth in the agreement;

      (b) Pay a fee in an amount which is not less than the total cost per mile for the use of a school bus or vehicle to the school district, as determined by the transportation department of the school district, if the school district has such a department, or by the board of trustees, if the school district does not have such a department, and any additional costs or expenses related to the use of the school bus or vehicle, including, without limitation, fuel, wear and tear, maintenance, appropriate staffing, administrative costs and an additional rental service fee;

 


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ê2017 Statutes of Nevada, Page 1561 (Chapter 295, SB 164)ê

 

does not have such a department, and any additional costs or expenses related to the use of the school bus or vehicle, including, without limitation, fuel, wear and tear, maintenance, appropriate staffing, administrative costs and an additional rental service fee;

      (c) Indemnify and hold the school district harmless against any claim, demand, judgment or legal action, whatsoever, including, without limitation, any losses, damages, legal costs or expenses incident thereto;

      (d) Indemnify and hold the driver of a school bus or vehicle harmless against any claim, demand, judgment or legal action, whatsoever, including, without limitation, any losses, damages, legal costs or expenses incident thereto incurred when acting in the scope of his or her employment;

      (e) Accept responsibility for any damage to the school bus or vehicle while leased as determined by the transportation department of the school district, if the school district has such a department, or by the board of trustees, if the school district does not have such a department;

      (f) Provide proof that the school bus or vehicle leased will be operated by a person licensed under the laws of this State to operate the particular type of bus or vehicle leased;

      (g) Provide proof of insurance which covers the school bus or vehicle while operated by the lessee up to an amount determined by the transportation department of the school district, if the school district has such a department, or by the board of trustees, if the school district does not have such a department;

      (h) Provide proof of a permit or other approval for the special event, if required by a governmental entity;

      (i) Give preference to a driver of a school bus or vehicle who is employed by the school district before hiring another driver who is not employed by the school district; and

      (j) Acknowledge that by entering into such an agreement, the lessee does not become an agent or employee of the school district and is not entitled to the limitation on damages set forth in NRS 41.032 to 41.038, inclusive, for any act or failure to act by the lessee or an agent or employee of the lessee.

      3.  Except as otherwise provided in this subsection, whenever any school bus or vehicle belonging to a school district is leased, any lettering on the school bus or vehicle designating the vehicle as a school bus or vehicle must be covered and concealed, no signs or wording may be affixed to the school bus or vehicle and any system of flashing red lights or a mechanical device attached to the front of the school bus or vehicle must not be used in the operation of the school bus or vehicle by the lessee except in the case of an emergency. A system of flashing red lights or a mechanical device attached to the front of the school bus or vehicle may be used in the operation of a school bus or vehicle only during an emergency.

      4.  A school district shall separately account for any money collected as a result of an agreement to lease a school bus or vehicle which exceeds the actual cost to the school district and, except as otherwise provided in this subsection, such money may be used at the discretion of the school district. A school district may not use any money collected as a result of an agreement to lease a school bus or vehicle to:

 


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ê2017 Statutes of Nevada, Page 1562 (Chapter 295, SB 164)ê

 

      (a) Settle or arbitrate disputes between a recognized organization representing employees of the school district and the school district, or to settle any negotiations; or

      (b) Adjust the district-wide schedules of salaries and benefits of the employees of the school district.

      5.  A school district may not enter into an agreement pursuant to this section:

      (a) For special events that take place outside the county in which the school district is located.

      (b) If the school district determines that transportation by a commercial bus is reasonably available for a special event.

      6.  A school district may not lease during any period of time more than 8.5 percent of the total number of school buses and vehicles belonging to the school district.

      7.  For the purposes of this section, “special event” means an event or series of events that does not take place during the regular school day and is not an interscholastic contest, school festival or other activity properly a part of a school program.

      Sec. 2. NRS 386.815 is hereby amended to read as follows:

      386.815  1.  A board of trustees of a school district may permit school buses or vehicles belonging to the school district to be used for the transportation of public school pupils to and from:

      (a) Interscholastic contests;

      (b) School festivals; or

      (c) Other activities properly a part of a school program.

      2.  In addition to the use of school buses and vehicles authorized pursuant to subsection 1, the board of trustees of a school district may permit school buses and vehicles belonging to the school district to be used for the transportation of children to and from:

      (a) Programs for the supervision of children before and after school; and

      (b) Other programs or activities that the board of trustees deems appropriate,

Ê regardless of whether such programs or activities are part of a school program.

      3.  The use of school buses or vehicles belonging to the school district for the purposes enumerated in subsections 1 and 2 is governed by regulations made by the board of trustees, which must not conflict with regulations of the State Board. Proper supervision for each vehicle so used must be furnished by school authorities, and each school bus must be operated by a driver qualified under the provisions of NRS 386.790 to 386.840, inclusive [.] , and section 1 of this act.

      4.  A driver shall not operate a vehicle for the purposes enumerated in subsections 1 and 2 for more than 10 hours in a 15-hour period. The time spent operating, inspecting, loading, unloading, repairing and servicing the vehicle and waiting for passengers must be included in determining the 15-hour period. After 10 hours of operating a vehicle, the driver must rest for 10 hours before he or she again operates a vehicle for such purposes.

      5.  Before January 1, 1984, the State Board shall adopt regulations to carry out the provisions of subsection 4.

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

________

 


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ê2017 Statutes of Nevada, Page 1563ê

 

CHAPTER 296, SB 239

Senate Bill No. 239–Senator Harris

 

CHAPTER 296

 

[Approved: June 1, 2017]

 

AN ACT relating to common-interest communities; revising provisions authorizing an employee, agent or community manager of a unit-owner’s association to enter the grounds of certain units under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law assigns the responsibility for the maintenance, repair and replacement of a unit in a common-interest community to the owner of the unit and the maintenance, repair and replacement of a common element in the community to the unit-owners’ association. (NRS 116.3107) Existing law further provides that the association may, without liability for trespass, enter on the grounds of a unit that is vacant or in the foreclosure process, whether vacant or not, to maintain the exterior of the unit or abate a public nuisance on the exterior of the unit if, after notice and a hearing, the unit’s owner refuses or fails to do so. (NRS 116.310312) Under existing law, the association is authorized to charge the unit’s owner for the costs of such maintenance or abatement services and any such costs which are not paid by the unit’s owner are a lien against the unit. (NRS 116.3102, 116.310312, 116.3116)

      This bill revises the definition of “exterior of the unit” for the purpose of determining the areas of a unit that may be maintained by a unit-owners’ association that enters the grounds of a unit in accordance with existing law. Under the revised definition, the “exterior of the unit” would include the exterior of any property that a unit owner is obligated to maintain pursuant to the declaration under which the common-interest community was created. Thus, under this bill, an association would be authorized to enter the grounds of a unit to maintain such areas of the unit if the conditions specified in existing law were satisfied.

      In addition, this bill sets forth additional circumstances under which a unit-owners’ association may, without liability for trespass, enter on the grounds or interior of a unit that is located in a building that contains units divided by horizontal boundaries or vertical boundaries comprised of common walls between units. Under this bill, the association may enter the grounds and interior of such a unit that is vacant to abate a water or sewage leak in the unit that is causing damage or, if not immediately abated, may cause damage to the common elements or another unit and to remove any water or sewage from the unit that is causing damage if the unit’s owner refuses or fails to do so. After notice but before a hearing, the association may enter the grounds and interior of such a unit that is vacant to remove damaged components of the unit and to remediate or remove any water or mold damage resulting from a water or sewage leak if the unit’s owner refuses or fails to do so.

      Under this bill, if the association or its employee, agent or community manager enter the grounds or interior of a unit to remove damaged components or to remediate or remove any water or mold damage resulting from a water or sewage leak, the damaged components may be removed and the water or mold damage may be remediated or removed only to the extent reasonably necessary because the water or mold damage: (1) threatens the health or safety of the residents of the common-interest community; (2) results in blighting or deterioration of the unit or the surrounding area; and (3) adversely affects the use and enjoyment of nearby units.

      This bill also provides that if a unit is vacant and not in the foreclosure process, the association or its employees, agents or community manager are not authorized to maintain the exterior of the unit or abate a public nuisance unless the association notifies each holder of a recorded security interest of its intent to maintain the exterior of the unit or abate a public nuisance.

 


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ê2017 Statutes of Nevada, Page 1564 (Chapter 296, SB 239)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 116.310312 is hereby amended to read as follows:

      116.310312  1.  A person who holds a security interest in a unit must provide the association with the person’s contact information as soon as reasonably practicable, but not later than 30 days after the person:

      (a) Files an action for recovery of a debt or enforcement of any right secured by the unit pursuant to NRS 40.430; or

      (b) Records or has recorded on his or her behalf a notice of a breach of obligation secured by the unit and the election to sell or have the unit sold pursuant to NRS 107.080.

      2.  If an action or notice described in subsection 1 has been filed or recorded regarding a unit and the association has provided the unit’s owner with notice and an opportunity for a hearing in the manner provided in NRS 116.31031, the association, including its employees, agents and community manager, may, but is not required to, enter the grounds of the unit, whether or not the unit is vacant, to take any of the following actions if the unit’s owner refuses or fails to take any action or comply with any requirement imposed on the unit’s owner within the time specified by the association as a result of the hearing:

      (a) Maintain the exterior of the unit in accordance with the standards set forth in the governing documents, including, without limitation, any provisions governing maintenance, standing water or snow removal.

      (b) Remove or abate a public nuisance on the exterior of the unit which:

             (1) Is visible from any common area of the community or public streets;

             (2) Threatens the health or safety of the residents of the common-interest community;

             (3) Results in blighting or deterioration of the unit or surrounding area; and

             (4) Adversely affects the use and enjoyment of nearby units.

      3.  If [a] :

      (a) A unit is vacant [and the] ;

      (b) The association has provided the unit’s owner with notice and an opportunity for a hearing in the manner provided in NRS 116.31031 [,] ; and

      (c) The association or its employee, agent or community manager mails a notice of the intent of the association, including its employees, agents and community manager, to maintain the exterior of the unit or abate a public nuisance, as described in subsection 2, by certified mail to each holder of a recorded security interest encumbering the interest of the unit’s owner, at the address of the holder that is provided pursuant to NRS 657.110 on the Internet website maintained by the Division of Financial Institutions of the Department of Business and Industry,

Ê the association, including its employees, agents and community manager, may enter the grounds of the unit to maintain the exterior of the unit or abate a public nuisance , as described in subsection 2 , if the unit’s owner refuses or fails to do so.

 


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ê2017 Statutes of Nevada, Page 1565 (Chapter 296, SB 239)ê

 

      4.  [The] If a unit is in a building that contains units divided by horizontal boundaries described in the declaration, or vertical boundaries that comprise common walls between units, and the unit is vacant, the association, including its employees, agents and community manager, may enter the grounds and interior of the unit to:

      (a) Abate a water or sewage leak in the unit and remove any water or sewage from the unit that is causing damage or, if not immediately abated, may cause damage to the common elements or another unit if the unit’s owner refuses or fails to abate the water or sewage leak.

      (b) After providing the unit’s owner with notice but before a hearing in accordance with the provisions of NRS 116.31031:

             (1) Remove any furniture, fixtures, appliances and components of the unit, including, without limitation, flooring, baseboards and drywall, that were damaged as a result of water or mold damage resulting from a water or sewage leak to the extent such removal is reasonably necessary because water or mold damage threatens the health or safety of the residents of the common-interest community, results in blighting or deterioration of the unit or the surrounding area and adversely affects the use and enjoyment of nearby units, if the unit’s owner refuses or fails to remediate or remove the water or mold damage.

             (2) Remediate or remove any water or mold damage in the unit resulting from the water or sewage leak to the extent such remediation or removal is reasonably necessary because the water or mold damage threatens the health or safety of the residents of the common-interest community, results in blighting or deterioration of the unit or the surrounding area and adversely affects the use and enjoyment of nearby units, if the unit’s owner refuses or fails to remediate or remove the water or mold damage.

      5.  After the association has provided the unit’s owner with notice and an opportunity for a hearing in the manner provided in NRS 116.31031, the association may order that the costs of any maintenance or abatement or the reasonable costs of remediation or removal conducted pursuant to subsection 2 , [or] 3 [,] or 4, including, without limitation, reasonable inspection fees, notification and collection costs and interest, be charged against the unit. The association shall keep a record of such costs and interest charged against the unit and has a lien on the unit for any unpaid amount of the charges. The lien may be foreclosed under NRS 116.31162 to 116.31168, inclusive.

      [5.] 6.  A lien described in subsection [4] 5 bears interest from the date that the charges become due at a rate determined pursuant to NRS 17.130 until the charges, including all interest due, are paid.

      [6.] 7.  Except as otherwise provided in this subsection, a lien described in subsection [4] 5 is prior and superior to all liens, claims, encumbrances and titles other than the liens described in paragraphs (a) and (c) of subsection 2 of NRS 116.3116. If the federal regulations of the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association require a shorter period of priority for the lien, the period during which the lien is prior and superior to other security interests shall be determined in accordance with those federal regulations. Notwithstanding the federal regulations, the period of priority of the lien must not be less than the 6 months immediately preceding the institution of an action to enforce the lien.

 


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ê2017 Statutes of Nevada, Page 1566 (Chapter 296, SB 239)ê

 

      [7.] 8.  A person who purchases or acquires a unit at a foreclosure sale pursuant to NRS 40.430 or a trustee’s sale pursuant to NRS 107.080 is bound by the governing documents of the association and shall maintain the exterior of the unit in accordance with the governing documents of the association. Such a unit may only be removed from a common-interest community in accordance with the governing documents pursuant to this chapter.

      [8.] 9.  Notwithstanding any other provision of law, an association, its directors or members of the executive board, employees, agents or community manager who enter the grounds or interior of a unit pursuant to this section are not liable for trespass.

      [9.] 10.  As used in this section:

      (a) “Exterior of the unit” includes, without limitation, all landscaping outside of a unit , [and] the exterior of all property exclusively owned by the unit owner [.] and the exterior of all property that the unit owner is obligated to maintain pursuant to the declaration.

      (b) “Remediation” does not include restoration.

      (c) “Vacant” means a unit:

             (1) Which reasonably appears to be unoccupied;

             (2) On which the owner has failed to maintain the exterior to the standards set forth in the governing documents of the association; and

             (3) On which the owner has failed to pay assessments for more than 60 days.

________

CHAPTER 297, SB 370

Senate Bill No. 370–Senator Goicoechea

 

CHAPTER 297

 

[Approved: June 1, 2017]

 

AN ACT relating to hunting; requiring certain airports, airplane landing fields or heliports used in the transportation of game, hunters or hunting equipment to be accessible by a public road; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law makes it unlawful to use a helicopter to transport game, hunters or hunting equipment except when: (1) the cargo or passengers are loaded and unloaded at an airport, airplane landing field or heliport which has been established by a department or agency of the Federal or State Government or by a county or municipal government; or (2) the loading or unloading is done in the course of an emergency or search and rescue operation. (NRS 503.010) A person who violates those provisions is guilty of a misdemeanor. (NRS 501.385) This bill requires any airport, airplane landing field or heliport used to transport game, hunters or hunting equipment to be accessible by a public road.

 


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ê2017 Statutes of Nevada, Page 1567 (Chapter 297, SB 370)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 503.010 is hereby amended to read as follows:

      503.010  1.  Except as otherwise provided in this section or subsection 2 of NRS 503.005, it is unlawful to harass any game mammals or game birds with an aircraft, helicopter or motor-driven vehicle, including a motorboat or sailboat.

      2.  Except as otherwise provided in this subsection, it is unlawful to shoot at any game mammals or game birds with a weapon from an aircraft, helicopter or motor-driven vehicle. A person who is a paraplegic, has had one or both legs amputated or has suffered a paralysis of one or both legs which severely impedes the person’s walking may shoot from a stopped motor vehicle which is not parked on the traveled portion of a public highway, but the person may not shoot from, over or across a highway or road specified in NRS 503.175.

      3.  It is unlawful to spot or locate game mammals or game birds with any kind of aircraft or helicopter and communicate that information, within 24 hours after the aircraft or helicopter has landed or in violation of a regulation of the Commission, by any means to a person on the ground for the purpose of hunting or trapping. The provisions of this subsection do not prohibit an employee or agent of the Department from providing general information to the public concerning the location of game birds or game mammals.

      4.  It is unlawful to use any information obtained in violation of the provisions of subsection 3 to hunt or kill game mammals or game birds.

      5.  It is unlawful to use a helicopter to transport game, hunters or hunting equipment, except when [the] :

      (a) The cargo or passengers, or both, are loaded and unloaded at airports, airplane landing fields or heliports, which have been established by a department or agency of the Federal or State Government or by a county or municipal government and which are accessible by a public road; or [when the]

      (b) The loading or unloading is done in the course of an emergency or search and rescue operation.

      6.  It is unlawful to:

      (a) Use any information obtained from a radio signal or other transmission received from any transmitting device;

      (b) Make use of equipment designed to receive a radio signal or other transmission from a transmitting device; or

      (c) Use any location information obtained from records maintained by the Department within 1 year after the date on which the information was collected, including, without limitation, records of information received from a transmitting device,

Ê to harass or take any game mammal, game bird or other wildlife.

      7.  It is unlawful to make use of equipment designed to receive a radio signal or other transmission from a transmitting device for any purpose without written authorization of the Department.

 


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ê2017 Statutes of Nevada, Page 1568 (Chapter 297, SB 370)ê

 

      8.  The provisions of subsection 1 do not apply to an employee or agent of the Department who, while carrying out his or her duties, conducts a survey of wildlife with the use of an aircraft.

      9.  As used in this section:

      (a) “Aircraft” includes, without limitation, any device that is used for navigation of, or flight in, the air.

      (b) “Game bird” does not include a raven, even if classified as a game bird pursuant to NRS 501.110.

      (c) “Harass” means to molest, chase, rally, concentrate, herd, intercept, torment or drive.

      (d) “Transmitting device” means any collar or other device which is attached to any game mammal, game bird or other wildlife or which is placed for the express purpose of detecting any game mammal, game bird or other wildlife and emits an electronic signal or uses radio telemetry or a satellite transmission to determine the location of the game mammal, game bird or other wildlife.

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

________

CHAPTER 298, SB 388

Senate Bill No. 388–Senators Gansert, Hardy, Gustavson, Harris, Cancela; Cannizzaro, Goicoechea, Kieckhefer, Ratti, Segerblom, Settelmeyer, Spearman and Woodhouse

 

Joint Sponsors: Assemblymen Edwards, Ellison; Krasner, Spiegel, Sprinkle, Swank, Tolles and Wheeler

 

CHAPTER 298

 

[Approved: June 1, 2017]

 

AN ACT relating to personal services; requiring a person to obtain a license from the State Board of Health to operate an employment agency that contracts with persons to provide certain nonmedical services to certain persons in the home; requiring the Board to adopt regulations establishing standards for the licensing of such employment agencies; prohibiting an employment agency from contracting with a person to provide certain nonmedical services to certain persons in the home if that person has not submitted a set of fingerprints to the Central Repository for Nevada Records of Criminal History; providing a civil penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires certain businesses, facilities, hospitals, agencies, programs and homes to obtain a license from the State Board of Health. (NRS 449.0305, 449.040) Section 5 of this bill requires an employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home to obtain a license from the Board. Section 3 of this bill sets forth the nonmedical services such agencies are authorized to perform. Section 5 requires the Board to adopt regulations that govern the licensing of such employment agencies. Section 5 also prohibits an employment agency from referring a person to a home to provide such nonmedical services if the employment agency has not conducted a background investigation on that person. Finally, section 5 imposes a civil penalty on an employment agency who refers a person to a home to provide such nonmedical services without conducting a background investigation on the person.

 


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ê2017 Statutes of Nevada, Page 1569 (Chapter 298, SB 388)ê

 

imposes a civil penalty on an employment agency who refers a person to a home to provide such nonmedical services without conducting a background investigation on the person.

      Existing law requires certain facilities, hospitals, agencies, programs and homes to conduct a background investigation of the criminal and personal history of certain persons employed or contracted with by such a facility, hospital, agency, program or home. (NRS 449.123) Section 10 of this bill extends this requirement to an employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2. “Employment agency” has the meaning ascribed to it in NRS 611.020.

      Sec. 3. “Nonmedical services related to personal care to elderly persons or persons with disabilities” includes, without limitation:

      1.  The elimination of wastes from the body;

      2.  Dressing and undressing;

      3.  Bathing;

      4.  Grooming;

      5.  The preparation and eating of meals;

      6.  Laundry;

      7.  Shopping;

      8.  Cleaning;

      9.  Transportation; and

      10.  Any other minor needs related to the maintenance of personal hygiene.

      Sec. 4. A person who is licensed pursuant to a provision of this chapter other than section 5 of this act and who contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities is not required to obtain an additional license pursuant to section 5 of this act.

      Sec. 5. 1.  Except as otherwise provided in section 4 of this act, a person must obtain a license from the Board to operate an employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home.

      2.  The Board shall adopt:

      (a) Standards for licensing of employment agencies that provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home;

      (b) Standards relating to the fees charged by such employment agencies;

      (c) Regulations governing the licensing of such employment agencies; and

      (d) Regulations establishing requirements for training the persons who contract with such employment agencies to provide such nonmedical services.

 


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ê2017 Statutes of Nevada, Page 1570 (Chapter 298, SB 388)ê

 

      3.  An employment agency that is licensed pursuant to this section shall not refer a person to a home to provide nonmedical services related to personal care to elderly persons or persons with disabilities if that person has not met the requirements set forth in NRS 449.119 to 449.125, inclusive.

      4.  A person who violates the provisions of subsection 3 is liable for a civil penalty to be recovered by the Attorney General in the name of the Board for the first offense of not more than $10,000 and for a second or subsequent offense of not less than $10,000 nor more than $20,000. Unless otherwise required by federal law, the Board shall deposit all civil penalties collected pursuant to this section into a separate account in the State General Fund to be used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, and sections 2 to 5, inclusive, of this act, and 449.435 to 449.965, inclusive, and to protect the health, safety, well-being and property of the persons served by employment agencies.

      Sec. 6. NRS 449.001 is hereby amended to read as follows:

      449.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 449.0015 to 449.0195, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 7. NRS 449.030 is hereby amended to read as follows:

      449.030  1.  Except as otherwise provided in NRS 449.03013 and 449.03015, and section 4 of this act, no person, state or local government or agency thereof may operate or maintain in this State any medical facility or facility for the dependent without first obtaining a license therefor as provided in NRS 449.030 to 449.2428, inclusive [.] , and sections 2 to 5, inclusive, of this act.

      2.  Unless licensed as a facility for hospice care, a person, state or local government or agency thereof shall not operate a program of hospice care without first obtaining a license for the program from the Board.

      Sec. 8. NRS 449.0301 is hereby amended to read as follows:

      449.0301  The provisions of NRS 449.030 to 449.2428, inclusive, and sections 2 to 5, inclusive, of this act do not apply to:

      1.  Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of the church or denomination, except that such a facility shall comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.

      2.  Foster homes as defined in NRS 424.014.

      3.  Any medical facility or facility for the dependent operated and maintained by the United States Government or an agency thereof.

      Sec. 9. NRS 449.0305 is hereby amended to read as follows:

      449.0305  1.  Except as otherwise provided in subsection 5, a person must obtain a license from the Board to operate a business that provides referrals to residential facilities for groups.

      2.  The Board shall adopt:

      (a) Standards for the licensing of businesses that provide referrals to residential facilities for groups;

 

 

 


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      (b) Standards relating to the fees charged by such businesses;

      (c) Regulations governing the licensing of such businesses; and

      (d) Regulations establishing requirements for training the employees of such businesses.

      3.  A licensed nurse, social worker, physician or hospital, or a provider of geriatric care who is licensed as a nurse or social worker, may provide referrals to residential facilities for groups through a business that is licensed pursuant to this section. The Board may, by regulation, authorize a public guardian or any other person it determines appropriate to provide referrals to residential facilities for groups through a business that is licensed pursuant to this section.

      4.  A business that is licensed pursuant to this section or an employee of such a business shall not:

      (a) Refer a person to a residential facility for groups that is not licensed.

      (b) Refer a person to a residential facility for groups if the business or its employee knows or reasonably should know that the facility, or the services provided by the facility, are not appropriate for the condition of the person being referred.

      (c) Refer a person to a residential facility for groups that is owned by the same person who owns the business.

Ê A person who violates the provisions of this subsection is liable for a civil penalty to be recovered by the Attorney General in the name of the Board for the first offense of not more than $10,000 and for a second or subsequent offense of not less than $10,000 nor more than $20,000. Unless otherwise required by federal law, the Board shall deposit all civil penalties collected pursuant to this section into a separate account in the State General Fund to be used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, and sections 2 to 5, inclusive, of this act, and 449.435 to 449.965, inclusive, and to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards.

      5.  This section does not apply to a medical facility that is licensed pursuant to NRS 449.030 to 449.2428, inclusive, on October 1, 1999.

      Sec. 10. NRS 449.119 is hereby amended to read as follows:

      449.119  As used in NRS 449.119 to 449.125, inclusive, “facility, hospital, agency, program or home” means an agency to provide personal care services in the home, an employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home, an agency to provide nursing in the home, a community health worker pool, a facility for intermediate care, a facility for skilled nursing, a hospital described in 42 U.S.C. § 1395ww(d)(1)(B)(iv) which accepts payment through Medicare, a peer support recovery organization, a residential facility for groups, a program of hospice care, a home for individual residential care, a facility for the care of adults during the day, a facility for hospice care, a nursing pool, the distinct part of a hospital which meets the requirements of a skilled nursing facility or nursing facility pursuant to 42 C.F.R. § 483.5(b)(2), a hospital that provides swing-bed services as described in 42 C.F.R. § 482.66 or, if residential services are provided to children, a medical facility or facility for the treatment of abuse of alcohol or drugs.

 


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ê2017 Statutes of Nevada, Page 1572 (Chapter 298, SB 388)ê

 

      Sec. 11. NRS 449.160 is hereby amended to read as follows:

      449.160  1.  The Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.030 to 449.2428, inclusive, and sections 2 to 5, inclusive, of this act upon any of the following grounds:

      (a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.030 to 449.245, inclusive, and sections 2 to 5, inclusive, of this act, or of any other law of this State or of the standards, rules and regulations adopted thereunder.

      (b) Aiding, abetting or permitting the commission of any illegal act.

      (c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.

      (d) Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.

      (e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, and sections 2 to 5, inclusive, of this act, and 449.435 to 449.965, inclusive, if such approval is required.

      (f) Failure to comply with the provisions of NRS 449.2486.

      2.  In addition to the provisions of subsection 1, the Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:

      (a) Is convicted of violating any of the provisions of NRS 202.470;

      (b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or

      (c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.

      3.  The Division shall maintain a log of any complaints that it receives relating to activities for which the Division may revoke the license to operate a facility for the dependent pursuant to subsection 2. The Division shall provide to a facility for the care of adults during the day:

      (a) A summary of a complaint against the facility if the investigation of the complaint by the Division either substantiates the complaint or is inconclusive;

      (b) A report of any investigation conducted with respect to the complaint; and

      (c) A report of any disciplinary action taken against the facility.

Ê The facility shall make the information available to the public pursuant to NRS 449.2486.

 

 

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 1573 (Chapter 298, SB 388)ê

 

      4.  On or before February 1 of each odd-numbered year, the Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:

      (a) Any complaints included in the log maintained by the Division pursuant to subsection 3; and

      (b) Any disciplinary actions taken by the Division pursuant to subsection 2.

      Sec. 12. NRS 449.1935 is hereby amended to read as follows:

      449.1935  An agency to provide personal care services in the home that is licensed pursuant to this section and NRS 449.030 to 449.2428, inclusive, may, through its employees or by contractual arrangement with other persons, provide:

      1.  To persons with disabilities, any medical services authorized pursuant to NRS 629.091; and

      2.  Nonmedical services related to personal care to elderly persons or persons with disabilities to assist those persons with activities of daily living . [, including, without limitation:

      (a) The elimination of wastes from the body;

      (b) Dressing and undressing;

      (c) Bathing;

      (d) Grooming;

      (e) The preparation and eating of meals;

      (f) Laundry;

      (g) Shopping;

      (h) Cleaning;

      (i) Transportation; and

      (j) Any other minor needs related to the maintenance of personal hygiene.]

      Sec. 13. NRS 449.220 is hereby amended to read as follows:

      449.220  1.  The Division may bring an action in the name of the State to enjoin any person, state or local government unit or agency thereof from operating or maintaining any facility within the meaning of NRS 449.030 to 449.2428, inclusive [:] , and sections 2 to 5, inclusive, of this act:

      (a) Without first obtaining a license therefor; or

      (b) After his or her license has been revoked or suspended by the Division.

      2.  It is sufficient in such action to allege that the defendant did, on a certain date and in a certain place, operate and maintain such a facility without a license.

      Sec. 14.  This act becomes effective on July 1, 2017.

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ê2017 Statutes of Nevada, Page 1574ê

 

CHAPTER 299, SB 413

Senate Bill No. 413–Senators Cannizzaro, Segerblom, Ratti, Ford, Cancela; Atkinson, Denis, Farley, Manendo, Parks, Spearman and Woodhouse

 

Joint Sponsors: Assemblymen Yeager; and Benitez-Thompson

 

CHAPTER 299

 

[Approved: June 1, 2017]

 

AN ACT relating to public lands; establishing the last Saturday in September of each year as “Public Lands Day” in the State of Nevada; authorizing the Governor to issue annually a proclamation encouraging the observance of Public Lands Day; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, various days and weeks of observance are recognized in this State. (NRS 236.018-236.085) Section 1 of this bill establishes the last Saturday in September of each year as “Public Lands Day” in the State of Nevada and authorizes the Governor to issue annually a proclamation encouraging the observance of Public Lands Day.

 

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

 

      Whereas, In 1994, National Public Lands Day was established, with 700 volunteers working at three sites and, since then, the activities relating to National Public Lands Day have expanded to include new places, projects and persons; and

      Whereas, More than 80 percent of the public lands in this State are owned by the people of the United States and are managed by various federal agencies for the benefit of all persons living in the United States; and

      Whereas, The public lands in this State include national parks, national monuments, national conservation areas, national forests, national wildlife refuges, wilderness areas and public lands managed by the Bureau of Land Management, the United States Forest Service, the United States Fish and Wildlife Service, the National Park Service and other federal agencies; and

      Whereas, All public lands located in this State feature a diverse array of landscapes, from sculpted desert sandstone to dramatic limestone cliffs with caves and fossils, from colorful volcanic ranges to the high peaks with ancient bristlecone pine and lush oases that stand in sharp contrast to open sagebrush valleys; and

      Whereas, The public lands in this State protect vital pieces of our region’s past and important cultural heritages, including the remnants of ancient civilizations that once thrived in the region and whose ancestors still protect their legacy, deserted mining settlements where riches were made and lost and contemporary works of art, all waiting to be discovered by current and future generations of Nevadans; and

      Whereas, The public lands in this State reflect many noble democratic ideals because they are open and accessible to all persons, regardless of whether those persons are rich or poor; and

 


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      Whereas, The public lands in this State provide many benefits to the residents of this State and support a wide variety of activities, including recreational pursuits and the development of natural resources; and

      Whereas, Outdoor recreation is dependent on access to public lands and is an essential part of the economy of this State, generating $14.9 billion in consumer spending, $1 billion in state and local tax revenue and 148,000 direct Nevada jobs in this State; and

      Whereas, Large-scale transfers of the federal public lands in this State from the people of the United States into state or private control are contrary to the democratic values of the United States and jeopardize activities such as hiking, camping, hunting, fishing and off-road pursuits; and

      Whereas, In 1864, Congress enacted a law (13 United States Statutes at Large (1864), pp. 30-32), commonly referred to as the Enabling Act, which authorized the people of the Territory of Nevada to form a constitution and state government, and provided for the admission of the State of Nevada into the Union; and

      Whereas, As required by the Enabling Act, the Nevada Constitution includes an ordinance, immediately preceding the preamble to the Nevada Constitution, which states, in part, that the “people inhabiting [this State] do agree and declare, that they forever disclaim all right and title to the unappropriated public lands lying within [this State], and that the same shall be and remain at the sole and entire disposition of the United States”; and

      Whereas, At the general election held in 1996, those provisions of the Nevada Constitution were repealed, effective on the date Congress consents to the amendment or on a legal determination that the consent of Congress is not necessary; and

      Whereas, The residents of this State support national efforts to promote the stewardship and celebration of all public lands in this State; now therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 236 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The last Saturday in September of each year is established as “Public Lands Day” in the State of Nevada.

      2.  The Governor may issue annually a proclamation encouraging the observance of Public Lands Day. The proclamation shall, without limitation:

      (a) Call upon the news media, state and local officers, private nonprofit groups and foundations, schools, businesses and other public and private entities to bring to the attention of the residents of this State the importance of the public lands in the State of Nevada;

      (b) Recognize the economic, scenic, historical, scientific, aesthetic and other values of the public lands in the State of Nevada; and

      (c) Encourage the residents of the State of Nevada to engage in volunteer stewardship activities which contribute to the conservation of the unique public lands which are only found in the State of Nevada.

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

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ê2017 Statutes of Nevada, Page 1576ê

 

CHAPTER 300, SB 437

Senate Bill No. 437–Committee on Commerce, Labor and Energy

 

CHAPTER 300

 

[Approved: June 1, 2017]

 

AN ACT relating to physical therapy; changing the name of the State Board of Physical Therapy Examiners to the Nevada Physical Therapy Board; authorizing the Board to appoint nonvoting advisory members to the Board; authorizing the Board to issue citations for certain violations; changing the designation of physical therapists’ assistants and physical therapists’ technicians; revising the membership and duties of the Board; requiring the Board to elect certain officers annually; amending provisions governing the supervision and authorized activities of physical therapist technicians; revising provisions governing the supervision of physical therapist assistants; exempting certain providers of health care from the provisions governing the practice of physical therapy; revising terminology concerning the education of physical therapists and physical therapist assistants; combining similar provisions governing physical therapists and physical therapist assistants; authorizing the licensure by endorsement of physical therapist assistants; removing the requirement that the Board administer an examination to applicants for a license as a physical therapist; revising provisions prohibiting the use of certain names, titles and initials related to the practice of physical therapy; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the State Board of Physical Therapy Examiners to regulate physical therapists and physical therapist assistants. (NRS 640.030) Section 29 of this bill repeals the requirement of existing law that the Board itself examine applicants for licensure as physical therapists, but sections 10 and 23 of this bill leave in place existing requirements that applicants for licensure as physical therapists or physical therapist assistants pass an examination designated by the Board. (NRS 640.080, 640.230) Section 1.5 of this bill changes the name of the Board to the Nevada Physical Therapy Board to reflect that the Board no longer administers, but merely designates, the examinations.

      Sections 1.2 and 4 of this bill authorize the Board to appoint nonvoting advisory members. Additionally, section 4: (1) revises the membership of the Board to include a physical therapist assistant; and (2) clarifies that the Board is subject to the provisions of law governing meetings of public bodies. Section 5 of this bill requires the Board to elect new officers annually and specifies the officers whom the Board is required to elect. Section 6 of this bill clarifies that only voting members of the Board are entitled to compensation. Section 7 of this bill revises the duties of the Board. Section 9 of this bill removes a requirement that the Board deposit administrative fines with the State Treasurer for credit in the State General Fund and instead requires the Board to deposit such fines directly in the State General Fund.

      Existing law authorizes the Board to impose disciplinary action, after notice and a hearing, against a licensee who commits certain violations. (NRS 640.160) Section 1.3 of this bill authorizes the Board to issue a citation for certain violations of statute or regulation. Section 1.4 of this bill allows a person to whom a citation has been issued to contest the citation in a hearing conducted according to the provisions of law governing contested cases.

      Existing law exempts from the law governing the licensure and regulation of physical therapists an occupational therapist, occupational therapy assistant and athletic trainer who is licensed to practice his or her profession in this State, practices within the scope of his or her profession and does not represent that he or she is a physical therapist or physical therapist assistant or is practicing physical therapy.

 


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ê2017 Statutes of Nevada, Page 1577 (Chapter 300, SB 437)ê

 

athletic trainer who is licensed to practice his or her profession in this State, practices within the scope of his or her profession and does not represent that he or she is a physical therapist or physical therapist assistant or is practicing physical therapy. (NRS 640.029) Section 3 of this bill extends this exemption to any provider of health care who is licensed to practice his or her profession in this State, who acts within the scope of his or her profession and who does not represent that he or she is a physical therapist or physical therapist assistant or is practicing physical therapy.

      Existing law authorizes the Board to adopt regulations concerning treatments and other regulated procedures which may be performed by a physical therapist technician. (NRS 640.050) A physical therapist must provide immediate supervision of a physical therapist technician while the technician performs treatments related to physical therapy. (NRS 640.310) Sections 7 and 26 of this bill instead require the Board to adopt regulations prescribing the activities that a physical therapist technician may perform only under the immediate supervision of a physical therapist. Section 1.6 of this bill clarifies that a physical therapist who is supervising a physical therapist technician must be present on-site.

      Section 1.7 of this bill clarifies the definition of the term “physical therapist.” Sections 1.8, 1.9, 2.5-4, 7, 18, 19, 21 and 23-26 of this bill standardize the terminology used to refer to physical therapist assistants and physical therapist technicians.

      Existing law requires an applicant for a license as a physical therapist or physical therapist assistant to have completed an educational curriculum approved by the Board. (NRS 640.080, 640.230) Sections 10 and 23 of this bill instead require the applicant to have completed a program of professional education for physical therapists or physical therapist assistants, as applicable, that has been approved by the Board.

      Existing law provides similar procedures for licensing physical therapists and physical therapist assistants. (NRS 640.090-640.110, 640.150, 640.250-640.270, 640.280) Existing law also authorizes a person to: (1) obtain a temporary license to practice as a physical therapist or physical therapist assistant to assist in a medical emergency without examination; and (2) work without a license under the supervision of a physical therapist while satisfying clinical education requirements. (NRS 640.120, 640.275) Sections 11-14, 17 and 29 of this bill combine and remove the duplication of those provisions.

      Existing law prescribes the requirements for licensure by endorsement of a physical therapist who is licensed in another state. (NRS 640.145, 640.146) Sections 15 and 16 of this bill extend those provisions to physical therapist assistants. Section 29 repeals duplicative provisions authorizing the Board to license without examination a physical therapist or physical therapist assistant who is licensed in another state.

      Existing law provides that a person who does not hold a license issued by the Board is guilty of a misdemeanor if he or she practices physical therapy or holds himself or herself out as a physical therapist or physical therapist assistant. (NRS 640.169, 640.170, 640.175) Section 20 of this bill provides that a business entity that holds itself out as providing services constituting the practice of physical therapy is guilty of a misdemeanor unless those services are provided by or under the supervision of a licensed physical therapist. Sections 20 and 21 of this bill further authorize the Board to impose certain penalties on a person who violates this provision, including, without limitation, an administrative penalty of not more than $5,000. Finally, sections 20 and 21 require physical therapists and physical therapist assistants to use a certain designation.

      Existing law authorizes the Board to seek an injunction in district court against a person who has engaged or is about to engage in an act that violates or will violate a provision of existing law governing physical therapists. (NRS 640.210) Section 22 of this bill provides that if the Board is seeking an injunction against a person improperly holding himself or herself out as a licensed physical therapist or physical therapist assistant or as practicing physical therapy, the Board must only show that the person violated existing law to establish that immediate and irreparable injury, loss or damage will result from the person’s continued action.

 


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ê2017 Statutes of Nevada, Page 1578 (Chapter 300, SB 437)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 629.031 is hereby amended to read as follows:

      629.031  Except as otherwise provided by a specific statute:

      1.  “Provider of health care” means:

      (a) A physician licensed pursuant to chapter 630, 630A or 633 of NRS;

      (b) A physician assistant;

      (c) A dentist;

      (d) A licensed nurse;

      (e) A person who holds a license as an attendant or who is certified as an emergency medical technician, advanced emergency medical technician or paramedic pursuant to chapter 450B of NRS;

      (f) A dispensing optician;

      (g) An optometrist;

      (h) A speech-language pathologist;

      (i) An audiologist;

      (j) A practitioner of respiratory care;

      (k) A [registered] licensed physical therapist;

      (l) An occupational therapist;

      (m) A podiatric physician;

      (n) A licensed psychologist;

      (o) A licensed marriage and family therapist;

      (p) A licensed clinical professional counselor;

      (q) A music therapist;

      (r) A chiropractor;

      (s) An athletic trainer;

      (t) A perfusionist;

      (u) A doctor of Oriental medicine in any form;

      (v) A medical laboratory director or technician;

      (w) A pharmacist;

      (x) A licensed dietitian;

      (y) An associate in social work, a social worker, an independent social worker or a clinical social worker licensed pursuant to chapter 641B of NRS;

      (z) An alcohol and drug abuse counselor or a problem gambling counselor who is certified pursuant to chapter 641C of NRS;

      (aa) An alcohol and drug abuse counselor or a clinical alcohol and drug abuse counselor who is licensed pursuant to chapter 641C of NRS; or

      (bb) A medical facility as the employer of any person specified in this subsection.

      2.  For the purposes of NRS 629.051, 629.061, 629.065 and 629.077, the term includes a facility that maintains the health care records of patients.

      3.  For the purposes of NRS 629.400 to 629.490, inclusive, the term includes:

      (a) A person who holds a license or certificate issued pursuant to chapter 631 of NRS; and

      (b) A person who holds a current license or certificate to practice his or her respective discipline pursuant to the applicable provisions of law of another state or territory of the United States.

 


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ê2017 Statutes of Nevada, Page 1579 (Chapter 300, SB 437)ê

 

      Sec. 1.1. Chapter 640 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.2, 1.3 and 1.4 of this act.

      Sec. 1.2. The Board may, by majority vote, select any person, including, without limitation, a physical therapist or physical therapist assistant, to serve as an advisory member of the Board. The Board shall prescribe the term and duties of any advisory member it selects pursuant to this section. An advisory member may not vote on any matter before the Board. Advisory members serve without compensation.

      Sec. 1.3. 1.  After conducting an inspection pursuant to NRS 640.050, a member or agent of the Board may issue a citation to a licensee if the member or agent concludes that, based on a preponderance of the evidence, the licensee has violated:

      (a) Subsection 3 of NRS 640.110;

      (b) Any regulation of the Board that requires a licensee to provide his or her address to the Board, display his or her license or a copy thereof, practice only under the name listed on his or her license or document in the record of a patient any treatment provided to the patient; or

      (c) Any regulation of the Board establishing requirements for the supervision of an unlicensed person by a physical therapist or limiting the number of persons who may be supervised by a physical therapist.

      2.  A citation issued pursuant to this section may include, without limitation, an order to:

      (a) Take action to correct any condition resulting from any act that constitutes a violation of a provision set forth in subsection 1, at the cost of the person who committed the violation. If the citation contains such an order, the citation must:

             (1) State the time permitted for compliance, which must be not less than 5 business days after the date the person receives the citation; and

             (2) Specifically describe the corrective action to be taken.

      (b) Pay an administrative fine not to exceed the amount prescribed pursuant to subsection 3.

      (c) Reimburse the Board for any expenses incurred to investigate the violation, in an amount not to exceed $150.

      3.  Any administrative fine imposed pursuant to this section must be:

      (a) For a first violation, in the amount prescribed by regulation of the Board, which must be not less than $100 or more than $500;

      (b) For a second violation, in the amount prescribed by regulation of the Board, which must be not less than $250 or more than $1,000; and

      (c) For a third violation and for each additional violation, in the amount determined by the Board after the licensee appears before the Board.

      4.  The sanctions authorized by this section are separate from, and in addition to, any other remedy, civil or criminal, authorized by this chapter.

      Sec. 1.4. 1.  Except as otherwise provided in this subsection, to contest a citation issued pursuant to section 1.3 of this act, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation. The Board may, for good cause shown, extend the time to submit a request for a hearing.

      2.  If the person to whom a citation is issued files a timely written request for a hearing to contest the citation:

 


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ê2017 Statutes of Nevada, Page 1580 (Chapter 300, SB 437)ê

 

      (a) The Board shall provide notice of and conduct the hearing in accordance with this chapter and the provisions of chapters 233B and 622A of NRS governing the adjudication of contested cases.

      (b) At the hearing, the licensee may contest, without limitation:

             (1) The facts forming the basis for the determination that the licensee has committed an act which constitutes a violation of a provision described in section 1.3 of this act;

             (2) The time allowed to take any corrective action ordered;

             (3) The amount of any administrative fine ordered;

             (4) The amount of any payment ordered to reimburse the Board for the expenses incurred to investigate the violation; and

             (5) Whether any corrective action described in the citation is reasonable.

      3.  If a person to whom a citation is issued pursuant to section 1.3 of this act does not file timely a written request for a hearing to contest the citation, the citation shall be deemed a final order of the Board and any assessed fine deemed due and payable and any corrective action deemed required.

      4.  For the purposes of this section, a citation issued pursuant to section 1.3 of this act shall be deemed to have been received by a person:

      (a) On the date on which the citation is personally delivered to the person; or

      (b) If the citation is mailed, 3 business days after the date on which the citation is mailed by certified mail to the last known business or residential address of the person.

      Sec. 1.5. NRS 640.013 is hereby amended to read as follows:

      640.013  “Board” means the [State Board of] Nevada Physical Therapy [Examiners.] Board.

      Sec. 1.6. NRS 640.016 is hereby amended to read as follows:

      640.016  “Immediate supervision” means that a person is present on-site and immediately available within the treatment area to give aid, direction and instruction to the person he or she is supervising.

      Sec. 1.7. NRS 640.021 is hereby amended to read as follows:

      640.021  “Physical therapist” means a person who is licensed as such in accordance with the provisions of this chapter.

      Sec. 1.8. NRS 640.0213 is hereby amended to read as follows:

      640.0213  “Physical [therapist’s] therapist assistant” means a person who assists in the practice of physical therapy under the supervision of a licensed physical therapist and who is licensed under the provisions of this chapter. [The term is synonymous with “physical therapist assistant.”]

      Sec. 1.9. NRS 640.0216 is hereby amended to read as follows:

      640.0216  “Physical [therapist’s] therapist technician” means an unlicensed person who performs certain limited activities at the direction of the physical therapist.

      Sec. 2. (Deleted by amendment.)

      Sec. 2.5. NRS 640.026 is hereby amended to read as follows:

      640.026  “Supervising physical therapist” means a physical therapist who supervises a physical [therapist’s] therapist assistant [or] , a physical [therapist’s] therapist technician [.] , a student who is completing a program for physical therapists or physical therapist assistants or a graduate of such a program.

 


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      Sec. 3. NRS 640.029 is hereby amended to read as follows:

      640.029  1.  This chapter does not apply to [an occupational therapist, occupational therapy assistant or athletic trainer] a provider of health care who:

      [1.](a) Is licensed to practice in this state;

      [2.](b) Practices within the scope of that license; and

      [3.](c) Does not use any letters, words or insignia listed in NRS 640.170 or 640.175 in connection with his or her name or otherwise represent that he or she is a physical therapist or physical [therapist’s] therapist assistant, or that he or she practices physical therapy.

      2.  As used in this section, “provider of health care” has the meaning ascribed to it in NRS 629.031.

      Sec. 4. NRS 640.030 is hereby amended to read as follows:

      640.030  1.  The [State Board of] Nevada Physical Therapy [Examiners,] Board, consisting of five members appointed by the Governor, and any nonvoting advisory members appointed by the Board pursuant to section 1.2 of this act, is hereby created.

      2.  The Governor shall appoint:

      (a) [Four] Three members who are licensed physical therapists in the State of Nevada.

      (b) One member who is a licensed physical therapist assistant in the State of Nevada.

      (c) One member who is a representative of the general public. This member must not be:

             (1) A physical therapist [,] or a physical [therapist’s] therapist assistant ; [or a physical therapist’s technician;] or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a physical therapist [,] or a physical [therapist’s] therapist assistant . [or a physical therapist’s technician.]

      3.  No member of the Board may serve more than two consecutive terms.

      4.  The Governor may remove any voting member of the Board for incompetency, neglect of duty, gross immorality or malfeasance in office.

      5.  A majority of the voting members of the Board constitutes a quorum.

      6.  No member of the Board may be held liable in a civil action for any act which he or she has performed in good faith in the execution of his or her duties under this chapter.

      7.  The Board shall comply with the provisions of chapter 241 of NRS, and all meetings of the Board must be conducted in accordance with that chapter.

      Sec. 5. NRS 640.035 is hereby amended to read as follows:

      640.035  [The] At the first meeting of each fiscal year, the Board shall elect a Chair [and other officers] , a Vice Chair and a Secretary-Treasurer from among its members.

      Sec. 6. NRS 640.045 is hereby amended to read as follows:

      640.045  1.  Each voting member of the Board is entitled to receive:

      (a) A salary of not more than $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

 


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      2.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      Sec. 7. NRS 640.050 is hereby amended to read as follows:

      640.050  1.  The Board shall [examine and license qualified physical therapists and qualified physical therapist’s assistants.] :

      (a) Enforce the provisions of this chapter and any regulations adopted pursuant thereto;

      (b) Evaluate the qualifications and determine the eligibility of an applicant for a license as a physical therapist or physical therapist assistant and, upon payment of the applicable fee, issue the appropriate license to a qualified applicant;

      (c) Investigate any complaint filed with the Board against a licensee; and

      (d) Unless the Board determines that extenuating circumstances exist, forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices as a physical therapist or physical therapist assistant without a license.

      2.  The Board may adopt reasonable regulations to carry this chapter into effect, including, but not limited to, regulations concerning the:

      (a) Issuance and display of licenses.

      (b) Supervision of physical [therapist’s] therapist assistants and physical [therapist’s] therapist technicians.

      [(c) Treatments and other regulated procedures which may be performed by physical therapist’s technicians.]

      3.  The Board shall [keep] prepare and maintain a record of its proceedings [and a register of all persons licensed under the provisions of this chapter. The register must show:

      (a) The name of every living licensee.

      (b) The last known place of business and residence of each licensee.

      (c) The date and number of each license issued as a physical therapist or physical therapist’s assistant.] , including, without limitation, any disciplinary proceedings.

      4.  [During September of every year in which renewal of a license is required, the] The Board shall [compile] maintain a list of licensed physical therapists authorized to practice physical therapy and physical [therapist’s] therapist assistants licensed to assist in the practice of physical therapy in this State. [Any interested person in the State may obtain a copy of the list upon application to the Board and the payment of such amount as may be fixed by the Board, which amount must not exceed the cost of the list so furnished.]

      5.  The Board may:

      (a) Maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter.

      (b) Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

      (c) Adopt a seal of which a court may take judicial notice.

      6.  Any member or agent of the Board may enter any premises in this State where a person who holds a license issued pursuant to the provisions of this chapter practices physical therapy or as a physical [therapist’s] therapist assistant and inspect [it] the premises to determine whether a violation of any provision of this chapter or any regulation adopted pursuant thereto has occurred, including, without limitation, an inspection to determine whether any person at the premises is practicing physical therapy or as a physical [therapist’s] therapist assistant without the appropriate license issued pursuant to the provisions of this chapter.

 


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any provision of this chapter or any regulation adopted pursuant thereto has occurred, including, without limitation, an inspection to determine whether any person at the premises is practicing physical therapy or as a physical [therapist’s] therapist assistant without the appropriate license issued pursuant to the provisions of this chapter.

      7.  Any voting member of the Board may administer an oath to a person testifying in a matter that relates to the duties of the Board.

      Sec. 8. NRS 640.060 is hereby amended to read as follows:

      640.060  For the [purpose] purposes of NRS 640.080 [,] and 640.230, the Board shall approve any school or [educational curriculum] program of professional education for physical therapists and physical therapist assistants taught at a school if the school is accredited by an accrediting agency recognized by the Board.

      Sec. 9. NRS 640.070 is hereby amended to read as follows:

      640.070  1.  All fees collected under this chapter must be deposited by the Board in banks, credit unions or savings and loan associations in the State of Nevada.

      2.  All expenses incident to the operation of this chapter must be paid from the revenue derived therefrom.

      3.  In a manner consistent with the provisions of chapter 622A of NRS, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter and impose and collect administrative fines therefor. If the Board so delegates its authority, the Board may deposit the money from the fines in banks, credit unions or savings and loan associations in this State for the support of the Board. In addition, the hearing officer or panel may assess a licensee against whom disciplinary action is taken any costs and fees incurred by the Board as a result of the hearing. The money from the reimbursed costs and fees may also be deposited for use by the Board.

      4.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3, the Board shall deposit the money collected from the imposition of administrative fines [with the State Treasurer for credit to] in the State General Fund. The Board may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 10. NRS 640.080 is hereby amended to read as follows:

      640.080  Except as otherwise provided in NRS 640.145 and 640.146, to be eligible for licensure by the Board as a physical therapist, an applicant must:

      1.  Be of good moral character;

      2.  Have graduated from a school in which he or she completed a [curriculum of] program of professional education for physical [therapy] therapists approved by the Board; and

      3.  Pass to the satisfaction of the Board an examination designated by the Board, unless he or she is entitled to licensure without examination as provided in NRS 640.120 . [or 640.140.]

      Sec. 11. NRS 640.090 is hereby amended to read as follows:

      640.090  1.  Unless he or she is entitled to licensure under NRS 640.120, [640.140,] 640.145 or 640.146, a person who desires to be licensed as a physical therapist or physical therapist assistant must:

 


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      (a) Apply to the Board, in [writing, on a] the form [furnished] prescribed by the Board;

      (b) Include in the application evidence, under oath, satisfactory to the Board, that the person possesses the qualifications required by NRS 640.080 or 640.230, as applicable, other than having passed the examination;

      (c) Pay to the Board at the time of filing the application a fee set by a regulation of the Board in an amount not to exceed $300 [;] for a license as a physical therapist or $200 for a license as a physical therapist assistant;

      (d) Submit to the Board with the application a complete set of fingerprints which the Board may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

      (e) Submit other documentation and proof the Board may require; and

      (f) Submit all other information required to complete the application.

      2.  If an applicant submits an application for a license by endorsement pursuant to NRS 640.146, the Board shall collect not more than one-half of the fee specified in paragraph (c) of subsection 1 for the initial issuance of the license.

      Sec. 12. NRS 640.095 is hereby amended to read as follows:

      640.095  1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a license as a physical therapist or physical therapist assistant shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license as a physical therapist or physical therapist assistant shall submit to the Board 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 Board shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

      (b) A separate form prescribed by the Board.

      3.  A license as a physical therapist or physical therapist assistant may not be issued or renewed by the Board if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board 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.

 


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      Sec. 13. NRS 640.110 is hereby amended to read as follows:

      640.110  1.  The Board shall license as a physical therapist or physical therapist assistant each applicant who proves to the satisfaction of the Board his or her qualifications for licensure.

      2.  The Board shall issue to each applicant who proves to the satisfaction of the Board his or her qualification for licensure [,] :

      (a) As a physical therapist, a license as a physical therapist. The license authorizes the applicant to represent himself or herself as a licensed physical therapist and to practice physical therapy in the State of Nevada subject to the conditions and limitations of this chapter.

      (b) As a physical therapist assistant, a license as a physical therapist assistant. The license authorizes the applicant to represent himself or herself as a licensed physical therapist assistant and to practice as a licensed physical therapist assistant subject to the conditions and limitations of this chapter.

      3.  Each physical therapist shall display his or her current license in a location which is accessible to the public.

      4.  The Board may charge a fee, not to exceed $25, [to replace a lost license or] to change a name on a license.

      5.  A license as a physical therapist assistant remains valid while a supervising physical therapist continues to supervise the physical therapist assistant.

      Sec. 14. NRS 640.120 is hereby amended to read as follows:

      640.120  1.  The Board may issue, without examination, a license to practice as a physical [therapy] therapist or physical therapist assistant for a period not to exceed 6 months to any person who meets all the other qualifications set forth in NRS 640.080 [, except subsection 3 thereof,] or 640.230, as applicable, upon certification that the person has been assigned to the State of Nevada on a temporary basis to assist in a medical emergency. Issuance of the temporary license is subject to such fees, not to exceed $100, and conditions as the Board may require.

      2.  A student [of physical therapy is not required to be licensed during his or her clinical training if the work is done under the direct supervision of a licensed physical therapist.] who is enrolled in a program of professional education for physical therapists or physical therapist assistants approved by the Board is not required to be licensed to work under the supervision of a physical therapist who is present on-site to satisfy a requirement of that program.

      3.  A person who has applied for licensure as a physical therapist or physical therapist assistant and who meets the qualifications set forth in NRS 640.080 [,] or 640.230, except subsection 3 [thereof,] of NRS 640.080 or subsection 4 of NRS 640.230, as applicable, is temporarily exempt from licensure and may practice physical therapy or as a physical therapist assistant, as applicable, during the period of the temporary exemption if:

      (a) The person has submitted a completed application for licensure for the first time and the application has been approved by the Board;

      (b) The Board has approved the person to sit for the examination required [pursuant to] by NRS [640.100;] 640.080 or 640.230, as applicable;

      (c) The person has not previously failed an examination for licensure as a physical therapist [;] or physical therapist assistant;

 


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      (d) The person practices physical therapy or as a physical therapist assistant, as applicable, under the supervision of a licensed physical therapist and in accordance with the provisions of this chapter and the regulations of the Board; and

      (e) The person complies with any other requirements of the Board to practice physical therapy or as a physical therapist assistant, as applicable, during the period of the temporary exemption.

      4.  The temporary exemption authorized by subsection 3 begins on the date on which the Board notifies the person that he or she may practice physical therapy or as a physical therapist assistant, as applicable, under the temporary exemption and continues until the date of the examination if the person does not take the examination or until the date on which the Board notifies the person of the results of the examination. During the period of the temporary exemption, the person:

      (a) Shall not use as his or her title or professional credentials any words, letters or insignia except for the words “graduate of physical therapy [] ,” “P.T.A.” or “Physical Therapist Assistant,” as applicable.

      (b) Is subject to the regulatory and disciplinary authority of the Board to the same extent as a licensed physical therapist [.] or licensed physical therapist assistant, as applicable.

      Sec. 15. NRS 640.145 is hereby amended to read as follows:

      640.145  1.  The Board may issue a license by endorsement as a physical therapist or physical therapist assistant to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license as a physical therapist or physical therapist assistant, as applicable, in the District of Columbia or any state or territory of the United States.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined [or] and is not currently being investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license as a physical therapist [;] or physical therapist assistant; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 640.090;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (d) A fee in the amount of the fee set by a regulation of the Board pursuant to paragraph (c) of subsection 1 of NRS 640.090 for an application for a license; and

      (e) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement [as a physical therapist] pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application.

 


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information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement [as a physical therapist] to the applicant not later than:

      (a) Forty-five days after receiving the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A license by endorsement [as a physical therapist] may be issued at a meeting of the Board or between its meetings by the Chair of the Board [.] or his or her designee. Such an action shall be deemed to be an action of the Board.

      Sec. 16. NRS 640.146 is hereby amended to read as follows:

      640.146  1.  The Board may issue a license by endorsement as a physical therapist or physical therapist assistant to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

      (a) Holds a corresponding valid and unrestricted license as a physical therapist or physical therapist assistant in the District of Columbia or any state or territory of the United States; and

      (b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined [or] and is not currently being investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license as a physical therapist [;] or physical therapist assistant; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 640.090;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (d) A fee in the amount set by a regulation of the Board pursuant to paragraph (c) of subsection 1 of NRS 640.090 for an application for a license; and

      (e) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement [as a physical therapist] pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement [as a physical therapist] to the applicant not later than:

      (a) Forty-five days after receiving all the additional information required by the Board to complete the application; or

 


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      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A license by endorsement [as a physical therapist] may be issued at a meeting of the Board or between its meetings by the Chair of the Board [.] or his or her designee. Such an action shall be deemed to be an action of the Board.

      5.  At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a physical therapist or physical therapist assistant, as applicable,