[Rev. 11/14/2017 11:59:30 AM]

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ê2017 Statutes of Nevada, Page 1609ê

 

CHAPTER 304, SB 26

Senate Bill No. 26–Committee on Government Affairs

 

CHAPTER 304

 

[Approved: June 2, 2017]

 

AN ACT relating to governmental financial administration; prohibiting certain governmental entities, under certain circumstances, from contracting with companies that boycott Israel; requiring the Public Employees’ Retirement Board to identify and prepare a report concerning investments of money from the Public Employees’ Retirement System in certain companies that boycott Israel; requiring the State Treasurer to prepare similar reports with respect to investments of money from public funds administered by the State Treasurer; limiting the ability of the State Treasurer, under certain circumstances, to invest in companies that boycott Israel; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes contracts between governing bodies of a local government or state agencies within the Executive Branch of the State Government and private contractors and sets forth requirements for the procurement of goods and services by those governing bodies and state agencies. (Chapters 332 and 333 of NRS) Sections 5 and 11 of this bill prohibit the governing body of a local government and the Administrator of the Purchasing Division of the Department of Administration from entering into certain contracts with a company unless the contract includes a written certification that the company is not engaged in, and agrees for the duration of the contract, not to engage in, a boycott of Israel.

      Sections 20 and 30 of this bill define a “scrutinized company” as a company that engages in a boycott of Israel. Section 31 of this bill requires the State Treasurer to identify scrutinized companies in which a public fund administered by the State Treasurer has either direct or indirect holdings. Section 32 of this bill further requires the State Treasurer to prepare an annual report of investment of money from such a public fund in those scrutinized companies. The report must be submitted to the Governor and the Legislature on or before February 1 of each year. Section 33 of this bill requires, with certain exceptions, that the State Treasurer: (1) divest all direct holdings of scrutinized companies from the assets under his or her management; and (2) request the manager of the indirect holdings of a public fund administered by the State Treasurer to consider divesting from such a scrutinized company. The State Treasurer is not required to take any action described in section 33 unless he or she determines that the action is consistent with the fiduciary responsibilities of the State Treasurer.

      Sections 21 and 22 of this bill similarly require the Public Employees’ Retirement Board to identify scrutinized companies and to prepare an annual report of investment of money from the Public Employees’ Retirement System in those scrutinized companies. However, the identification and report of such scrutinized companies by the Board only applies to companies in which the System has direct holdings.

 

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

 

      Whereas, The Nevada Legislature finds and declares that boycotts and related tactics have become a tool of economic warfare that threaten the sovereignty and security of key allies and trade partners of the United States; and

 


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      Whereas, The State of Israel is the most prominent target of such boycott activity, beginning with the Arab League Boycott adopted in 1945, even before Israel’s declaration of independence as the reestablished national state of the Jewish people; and

      Whereas, Companies that refuse to deal with United States trade partners such as Israel, or entities that do business with or in such countries, make discriminatory decisions on the basis of national origin that impair those companies’ commercial soundness; and

      Whereas, It is the public policy of the United States, as enshrined in several federal acts, including 50 U.S.C. § 4607, to oppose such boycotts, and Congress has concluded as a matter of national trade policy that cooperation with Israel materially benefits United States companies and improves American competitiveness; and

      Whereas, Israel in particular is known for its dynamic and innovative approach in many business sectors, and a company’s decision to discriminate against Israel, Israeli entities or entities that do business with Israel or in Israel is an unsound business practice making the company an unduly risky contracting partner or vehicle for investment; and

      Whereas, The State of Nevada seeks to implement the policy proposed in H.R. 825, which is pending before the 114th Session of Congress, of “examining a company’s promotion or compliance with unsanctioned boycotts, divestment from or sanctions against Israel as part of its consideration awarding grants and contracts and supports the divestment of State assets from companies that support or promote actions to boycott, divest from, or sanction Israel”; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 332 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2. As used in sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 3. 1.  “Boycott of Israel” means, except as otherwise provided in subsection 2, refusing to deal or conduct business with, abstaining from dealing or conducting business with, terminating business or business activities with or performing any other action that is intended to limit commercial relations with:

      (a) Israel; or

      (b) A person or entity doing business in Israel or in territories controlled by Israel,

Ê if such an action is taken in a manner that discriminates on the basis of nationality, national origin or religion.

      2.  The term does not include an action that is described in subsection 1 if the action:

      (a) Is based on a bona fide business or economic reason;

      (b) Is taken pursuant to a boycott against a public entity of Israel if the boycott is applied in a nondiscriminatory manner; or

      (c) Is taken in compliance with or adherence to calls for a boycott of Israel if that action is authorized in 50 U.S.C. § 4607 or any other federal or state law.

 


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      Sec. 4. “Company” means any domestic or foreign sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited-liability partnership, limited-liability company, or other domestic or foreign entity or business association, including, without limitation, any wholly owned subsidiary, majority owned subsidiary, parent company or affiliate of such an entity or business association, that exists for the purpose of making a profit.

      Sec. 5. A governing body or its authorized representative shall not enter into a contract described in paragraph (a) of subsection 1 of NRS 332.039 with a company unless the contract includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of Israel.

      Sec. 6. NRS 332.045 is hereby amended to read as follows:

      332.045  1.  The advertisement required by paragraph (a) of subsection 1 of NRS 332.039 must be by notice to bid and must be published:

      (a) In a newspaper qualified pursuant to chapter 238 of NRS that has a general circulation within the county wherein the local government, or a major portion thereof, is situated at least once and not less than 7 days before the opening of bids; and

      (b) On the Internet website of the local government, if the local government maintains an Internet website, every day for not less than 7 days before the opening of bids.

      2.  The notice must state:

      (a) The nature, character or object of the contract.

      (b) If plans and specifications are to constitute part of the contract, where the plans and specifications may be seen.

      (c) The time and place where bids will be received and opened.

      (d) That a written certification is a required part of the contract pursuant to section 5 of this act.

      (e) Such other matters as may properly pertain to giving notice to bid.

      Sec. 7. Chapter 333 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 11, inclusive, of this act.

      Sec. 8. As used in sections 8 to 11, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 9 and 10 of this act have the meanings ascribed to them in those sections.

      Sec. 9. 1.  “Boycott of Israel” means, except as otherwise provided in subsection 2, refusing to deal or conduct business with, abstaining from dealing or conducting business with, terminating business or business activities with or performing any other action that is intended to limit commercial relations with:

      (a) Israel; or

      (b) A person or entity doing business in Israel or in territories controlled by Israel,

Ê if such an action is taken in a manner that discriminates on the basis of nationality, national origin or religion.

      2.  The term does not include an action that is described in subsection 1 if the action:

      (a) Is based on a bona fide business or economic reason;

      (b) Is taken pursuant to a boycott against a public entity of Israel if the boycott is applied in a nondiscriminatory manner; or

 


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      (c) Is taken in compliance with or adherence to calls for a boycott of Israel if that action is authorized in 50 U.S.C. § 4607 or any other federal or state law.

      Sec. 10. “Company” means any domestic or foreign sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited-liability partnership, limited-liability company, or other domestic or foreign entity or business association, including, without limitation, any wholly owned subsidiary, majority owned subsidiary, parent company or affiliate of such an entity or business association, that exists for the purpose of making a profit.

      Sec. 11. 1.  The Administrator shall not enter into a contract with a company unless the contract includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of Israel.

      2.  The Administrator shall adopt regulations as necessary to carry out the provisions of this section.

      Sec. 12. NRS 333.310 is hereby amended to read as follows:

      333.310  1.  An advertisement must contain a general description of the classes of commodities or services for which a bid or proposal is wanted and must state:

      (a) The name and location of the department, agency, local government, district or institution for which the purchase is to be made.

      (b) Where and how specifications and quotation forms may be obtained.

      (c) If the advertisement is for bids, whether the Administrator is authorized by the using agency to be supplied to consider a bid for an article that is an alternative to the article listed in the original request for bids if:

             (1) The specifications of the alternative article meet or exceed the specifications of the article listed in the original request for bids;

             (2) The purchase of the alternative article results in a lower price; and

             (3) The Administrator deems the purchase of the alternative article to be in the best interests of the State of Nevada.

      (d) Notice of the preference set forth in NRS 333.3366.

      (e) Notice of the written certification required pursuant to section 11 of this act.

      (f) The date and time not later than which responses must be received by the Purchasing Division.

      [(f)](g)The date and time when responses will be opened.

Ê The Administrator or a designated agent of the Administrator shall approve the copy for the advertisement.

      2.  Each advertisement must be published:

      (a) In at least one newspaper of general circulation in the State. The selection of the newspaper to carry the advertisement must be made in the manner provided by this chapter for other purchases, on the basis of the lowest price to be secured in relation to the paid circulation; and

      (b) On the Internet website of the Purchasing Division.

      Sec. 13. NRS 333.311 is hereby amended to read as follows:

      333.311  1.  Each request for proposals must include [minimum] :

      (a) Minimum requirements that the successful bidder must meet for the awarding of a contract pursuant to the provisions of this chapter [.] ; and

      (b) Notice of the written certification required pursuant to section 11 of this act.

 


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ê2017 Statutes of Nevada, Page 1613 (Chapter 304, SB 26)ê

 

      2.  A contract may not be awarded to a bidder who does not comply with the requirements set forth in the request for proposals.

      Sec. 14. Chapter 286 of NRS is hereby amended by adding thereto the provisions set forth as sections 15 to 22, inclusive, of this act.

      Sec. 15. As used in sections 15 to 22, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 16 to 20, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 16. 1.  “Boycott of Israel” means, except as otherwise provided in subsection 2, refusing to deal or conduct business with, abstaining from dealing or conducting business with, terminating business or business activities with or performing any other action that is intended to limit commercial relations with:

      (a) Israel; or

      (b) A person or entity doing business in Israel or in territories controlled by Israel,

Ê if such an action is taken in a manner that discriminates on the basis of nationality, national origin or religion.

      2.  The term does not include an action that is described in subsection 1 if the action:

      (a) Is based on a bona fide business or economic reason;

      (b) Is taken pursuant to a boycott against a public entity of Israel if the boycott is applied in a nondiscriminatory manner; or

      (c) Is taken in compliance with or adherence to calls for a boycott of Israel if that action is authorized in 50 U.S.C. § 4607 or any other federal or state law.

      Sec. 17. “Company” means any domestic or foreign sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited-liability partnership, limited-liability company, or other domestic or foreign entity or business association, including, without limitation, any wholly owned subsidiary, majority owned subsidiary, parent company or affiliate of such an entity or business association, that exists for the purpose of making a profit.

      Sec. 18. “Direct holdings” means all publicly traded equity securities of a company that are held directly by the public fund or in an account or fund in which the public fund owns all shares or interests.

      Sec. 19. “Public fund” means a trust fund administered by the Board pursuant to this chapter.

      Sec. 20. “Scrutinized company” means any company that engages in a boycott of Israel.

      Sec. 21. 1.  The Board shall identify each scrutinized company in which the System has direct holdings. In making the identification, the Board shall review and rely on publicly available information regarding which companies are engaging in a boycott of Israel, including, without limitation, information provided by nonprofit organizations, research firms, international organizations and governmental entities.

      2.  The Board shall create a list of all scrutinized companies identified pursuant to subsection 1.

      3.  The Board shall update the list on an annual basis with the information provided by and received from those entities listed in subsection 1.

 


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      Sec. 22. 1.  The Board shall prepare an annual report of investments of money from the System in scrutinized companies as identified pursuant to section 21 of this act. The report must include the amount of money allocated in such investments and other data and statistics designed to explain the past and current extent to which funds from the System are invested in scrutinized companies.

      2.  The Board shall submit to the Governor and the Director of the Legislative Counsel Bureau for distribution to the Legislature on or before February 1 of each year a copy of the report which must cover all investments during the immediately preceding calendar year.

      Sec. 23. Chapter 353 of NRS is hereby amended by adding thereto the provisions set forth as sections 24 to 34, inclusive, of this act.

      Sec. 24. As used in sections 24 to 34, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 25 to 30, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 25. 1.  “Boycott of Israel” means, except as otherwise provided in subsection 2, refusing to deal or conduct business with, abstaining from dealing or conducting business with, terminating business or business activities with or performing any other action that is intended to limit commercial relations with:

      (a) Israel; or

      (b) A person or entity doing business in Israel or in territories controlled by Israel,

Ê if such an action is taken in a manner that discriminates on the basis of nationality, national origin or religion.

      2.  The term does not include an action that is described in subsection 1 if the action:

      (a) Is based on a bona fide business or economic reason;

      (b) Is taken pursuant to a boycott against a public entity of Israel if the boycott is applied in a nondiscriminatory manner; or

      (c) Is taken in compliance with or adherence to calls for a boycott of Israel if that action is authorized in 50 U.S.C. § 4607 or any other federal or state law.

      Sec. 26. “Company” means any domestic or foreign sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited-liability partnership, limited-liability company, or other domestic or foreign entity or business association, including, without limitation, any wholly owned subsidiary, majority owned subsidiary, parent company or affiliate of such an entity or business association, that exists for the purpose of making a profit.

      Sec. 27. “Direct holdings” means all publicly traded equity securities of a company that are held directly by the public fund or in an account or fund in which the public fund owns all shares or interests.

      Sec. 28. “Indirect holdings” means all publicly traded securities of a company that are held by the State Treasurer in an account or fund which is managed by one or more persons who are not employed by the State Treasurer and in which the public fund owns shares or interests, together with other investors who are not subject to sections 24 to 34, inclusive, of this act.

      Sec. 29. “Public fund” means a trust fund administered by the State Treasurer.

 


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      Sec. 30. “Scrutinized company” means any company that engages in a boycott of Israel.

      Sec. 31. 1.  The State Treasurer shall identify each scrutinized company in which a public fund has either direct holdings or indirect holdings. In making the identification, the State Treasurer shall review and rely on publicly available information regarding companies which are engaging in a boycott of Israel, including, without limitation, information provided by nonprofit organizations, research firms, international organizations and governmental entities.

      2.  The State Treasurer shall create a list of all scrutinized companies identified pursuant to subsection 1.

      3.  The State Treasurer shall update the list on an annual basis with the information provided by and received from those entities listed in subsection 1.

      Sec. 32. 1.  The State Treasurer shall prepare an annual report of investments of money from a public fund in scrutinized companies as identified pursuant to section 31 of this act. The report must include the amount of money allocated in such investments and other data and statistics designed to explain the past and current extent to which public funds are invested in scrutinized companies.

      2.  The State Treasurer shall submit to the Governor and the Director of the Legislative Counsel Bureau for distribution to the Legislature on or before February 1 of each year a copy of the report which must cover all investments during the immediately preceding calendar year.

      Sec. 33. 1.  Except as otherwise provided in subsection 2, the State Treasurer:

      (a) Shall sell, redeem, divest or withdraw all direct holdings of a scrutinized company from the assets under his or her management within 3 months after preparing a list of scrutinized companies pursuant to section 31 of this act which includes that scrutinized company.

      (b) Shall, on or before June 30 of each year, post on the Internet website of the State Treasurer a list that includes each investment that was sold, redeemed, divested or withdrawn pursuant to subsection 1.

      (c) Shall not acquire securities of a scrutinized company as part of the direct holdings of the Office of the State Treasurer.

      (d) Shall request that the manager of the indirect holdings of any public fund consider selling, redeeming, divesting or withdrawing holdings of a scrutinized company from the assets under his or her management.

      2.  Nothing in this section shall require the State Treasurer to take action as described in this section unless the State Treasurer determines and adopts findings, in good faith and based on credible information available to the public, that the action described in this section is consistent with the fiduciary responsibilities of the State Treasurer.

      Sec. 34. The State Treasurer shall adopt regulations:

      1.  Establishing a process for giving notice to a company of the inclusion of that company on the list of scrutinized companies created pursuant to section 31 of this act;

      2.  Establishing the process for the removal of a company from the list of scrutinized companies created pursuant to section 31 of this act; and

      3.  Deemed necessary by the State Treasurer to carry out the provisions of sections 24 to 34, inclusive, of this act.

 


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      Sec. 35.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 36.  This act becomes effective on passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act, and on July 1, 2018, for all other purposes.

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CHAPTER 305, SB 375

Senate Bill No. 375–Senator Segerblom

 

CHAPTER 305

 

[Approved: June 2, 2017]

 

AN ACT relating to marijuana; authorizing the Governor or his or her designee to enter into agreements with Indian tribes in this State relating to the regulation of the use of marijuana; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The United States Constitution reserves the power to regulate commerce with tribal governments to the United States Congress. (U.S. Const., Art. I, § 8) Congress has delegated limited authority relating to Indian tribes to the states, authorizing certain states to exercise broad criminal jurisdiction and limited civil jurisdiction over tribal lands within those states. (Pub. Law No. 83-280, 25 U.S.C. §§ 1321-1326; NRS 41.430) Subsequent decisions of the United States Supreme Court have clarified that this grant of jurisdiction to the states allows for jurisdiction over criminal matters and over private civil litigation, but not for the enforcement of general civil regulatory power on tribal lands. (California v. Cabazon Band of Indians, 480 U.S. 202 (1987) superseded by statute in part, Indian Gaming Regulatory Act, 25 U.S.C. §§ 2701 et seq., as recognized in U.S. v. E.C. Investments, Inc., 77 F.3d 327, 330 (9th Cir. 1996))

      Existing law exempts a person who holds a valid registry identification card, medical marijuana establishment registration certificate or medical marijuana establishment agent registration card from state prosecution for the possession, delivery, production, processing and use of marijuana and provides for the registration and regulation of medical marijuana establishments. (NRS 453A.200, 453A.320-453A.370) Existing law also generally prohibits prosecution of a person who possesses one ounce or less of marijuana or one-eighth of an ounce or less of concentrated marijuana or who holds a license as a marijuana establishment and engages in activities relating to marijuana which comply with state law. (NRS 453D.110, 453D.120) This bill authorizes the Governor or his or her designee to enter into agreements with tribal governments within this State to facilitate cooperation in the implementation of state laws and tribal laws governing the use of marijuana.

 

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

 

      Whereas, Existing law in this State creates a limited exemption from state prosecution for persons who engage in the medical use of marijuana or who cultivate, produce or sell marijuana for medical use pursuant to a comprehensive program for the regulation of the medical use of marijuana; and

 


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      Whereas, Because states do not generally have regulatory power over tribal governments, the tribal governments within this State are not generally bound by the comprehensive program for the regulation of the medical use of marijuana created by the Nevada Legislature and may, subject to federal law, choose to create their own laws relating to the medical use of marijuana on tribal land; and

      Whereas, A memorandum issued on August 29, 2013, by the Deputy Attorney General of the United States, James M. Cole, hereinafter referred to as the “Cole Memo,” outlined eight priorities for federal law enforcement relating to marijuana and indicated that the Department of Justice will not devote law enforcement resources to prosecuting persons or businesses who comply with state or local laws relating to marijuana so long as those laws do not contradict the priorities outlined in the Cole Memo and are strongly enforced; and

      Whereas, A subsequent memorandum issued on October 28, 2014, by Monty Wilkinson, the Director of the Executive Office for United States Attorneys of the United States Department of Justice, hereinafter referred to as the “Wilkinson Memo,” provided that the enforcement priorities outlined in the Cole Memo will also guide enforcement efforts on tribal lands; and

      Whereas, Tribal governments have begun to implement the guidance contained in the Cole Memo and the Wilkinson Memo to adopt their own programs for the regulation of marijuana on tribal lands, creating the potential for conflicts with the provisions governing the use of marijuana created by the Nevada Legislature which may threaten public health and safety and create uncertainty for businesses operating in this State; and

      Whereas, The State of Washington, when confronted with similar issues regarding the regulation of marijuana, created a successful system for cooperation with the tribal governments in its state by authorizing its Governor to enter into agreements with tribal governments to address issues involving both state and tribal interests or affecting state-tribal relations; and

      Whereas, A similar system in this State would mitigate threats to public health and safety posed by potential conflicts between state and tribal laws relating to marijuana and bolster commerce by reducing uncertainty and allowing for the more efficient conduct of business in this State and on tribal lands; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 223 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Governor or his or her designee may enter into one or more agreements with tribal governments in this State to efficiently coordinate the cross-jurisdictional administration of the laws of this State and the laws of tribal governments relating to the use of marijuana. Such an agreement may include, without limitation, provisions relating to:

      (a) Criminal and civil law enforcement;

 


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      (b) Regulatory issues relating to the possession, delivery, production, processing or use of marijuana, edible marijuana products, marijuana-infused products and marijuana products;

      (c) Medical and pharmaceutical research involving marijuana;

      (d) The administration of laws relating to taxation;

      (e) Any immunity, preemption or conflict of law relating to the possession, delivery, production, processing, transportation or use of marijuana, edible marijuana products, marijuana-infused products and marijuana products; and

      (f) The resolution of any disputes between a tribal government and this State, which may include, without limitation, the use of mediation or other nonjudicial processes.

      2.  An agreement entered into pursuant to this section must:

      (a) Provide for the preservation of public health and safety;

      (b) Ensure the security of medical marijuana establishments and marijuana establishments and the corresponding facilities on tribal land; and

      (c) Establish provisions regulating business involving marijuana which passes between tribal land and non-tribal land in this State.

      3.  As used in this section:

      (a) “Edible marijuana products” has the meaning ascribed to it in NRS 453A.101.

      (b) “Marijuana” has the meaning ascribed to it in NRS 453.096.

      (c) “Marijuana establishment” has the meaning ascribed to it in NRS 453D.030.

      (d) “Marijuana-infused products” has the meaning ascribed to it in NRS 453A.112.

      (e) “Marijuana product” has the meaning ascribed to it in NRS 453D.030.

      (f) “Tribal government” means a federally recognized American Indian tribe pursuant to 25 C.F.R. §§ 83.1 to 83.13, inclusive.

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

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

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ê2017 Statutes of Nevada, Page 1619ê

 

CHAPTER 306, AB 415

Assembly Bill No. 415–Committee on Judiciary

 

CHAPTER 306

 

[Approved: June 2, 2017]

 

AN ACT relating to the identification of persons; authorizing the use of a tribal identification card for various purposes; requiring a business that accepts a driver’s license for the purpose of identification to also accept a tribal identification card for that purpose unless otherwise provided by any federal law or regulation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes state and local governmental entities to accept a consular identification card for the purpose of identifying a person under certain circumstances. (NRS 232.006, 237.200) Sections 1 and 7 of this bill similarly authorize state and local governmental entities to accept a tribal identification card issued by a tribal government for the purpose of identifying a person if the tribal identification card meets certain requirements. Section 10 of this bill prohibits a business that accepts a driver’s license or identification card issued by the Department of Motor Vehicles for the purpose of identifying a person from refusing to accept a tribal identification card for the same purpose unless the business reasonably believes that a federal law or regulation requires the use of a different form of identification. Sections 2-6, 8, 9 and 11-14 of this bill revise various provisions of existing law to provide for the use of a tribal identification card as proof of identity.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 232.006 is hereby amended to read as follows:

      232.006  1.  Except as otherwise provided in subsection 2 and NRS 483.290, 483.860 and 486.081, with respect to any activity or transaction in which a state agency accepts an identification card issued by the Department of Motor Vehicles to identify a person, the state agency may also accept a consular identification card or tribal identification card to identify a person.

      2.  The provisions of subsection 1 apply only to the presentation of a consular identification card or tribal identification card for purposes of identification and do not convey an independent right to receive benefits of any type.

      3.  To be accepted pursuant to subsection 1 to identify a person, an identification card issued by a tribal government must contain:

      (a) The full legal name of the holder of the card;

      (b) The date of birth of the holder of the card;

      (c) A unique number assigned to the holder of the card;

      (d) A digital photograph of the full face of the holder of the card;

      (e) The address of the principal residence of the holder of the card;

      (f) A physical description of the holder of the card, including, without limitation, the height, weight, hair color and eye color of the holder of the card;

 


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      (g) The usual signature of the holder of the card;

      (h) The date on which the card is issued; and

      (i) A reference to the tribal government which issued the card.

      4.  As used in this section:

      (a) “Consular identification card” means an identification card issued by a consulate of a foreign government, which consulate is located within the State of Nevada.

      (b) “Identification card issued by the Department of Motor Vehicles” means an identification card of the type described in NRS 483.810 to 483.890, inclusive.

      (c) “State agency” means every public agency, bureau, board, commission, department or division of the Executive Department of State Government.

      (d) “Tribal government” has the meaning ascribed to it in NRS 239C.105.

      (e) “Tribal identification card” means an identification card issued by a tribal government which satisfies the requirements of subsection 3.

      Sec. 2. NRS 97A.142 is hereby amended to read as follows:

      97A.142  1.  If a solicitor makes a firm offer of credit for a credit card to a person by mail and receives an acceptance of that offer which has a substantially different address listed for the person than the address to which the solicitor sent the offer, the solicitor shall verify that the person accepting the offer is the same person to whom the offer was made before sending the person the credit card.

      2.  A solicitor shall be deemed to have verified the address of a person pursuant to subsection 1 if the solicitor:

      (a) Telephones the person at a telephone number appearing in a publicly available directory or database as the telephone number of the person to whom the solicitation was made and the person acknowledges his or her acceptance of the solicitation;

      (b) Receives from the person accepting the offer of credit proof of identity in the form of an identification document, including, without limitation, a driver’s license , [or] passport [,] or tribal identification card which confirms that the person accepting the solicitation is the person to whom the solicitation was made; or

      (c) Uses any other commercially reasonable means to confirm that the person accepting the solicitation is the person to whom the solicitation was made, including, without limitation, any means adopted in federal regulations.

      3.  For the purposes of this section:

      (a) “Firm offer of credit” has the meaning ascribed to it in 15 U.S.C. § 1681a(l).

      (b) “Solicitor” means a person who makes a firm offer of credit for a credit card by mail solicitation, but does not include an issuer or other creditor when that issuer or creditor relies on an independent third party to provide the solicitation services.

      (c) “Tribal identification card” means an identification card issued by a tribal government which satisfies the requirements of subsection 3 of NRS 232.006.

 


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      Sec. 3. NRS 125D.180 is hereby amended to read as follows:

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

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

      (b) Has threatened to abduct the child;

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

             (1) Abandoning employment;

             (2) Selling a primary residence;

             (3) Terminating a lease;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

             (4) Has laws or practices that would:

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

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

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

 


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

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

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

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

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

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

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

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

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

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

      Sec. 4. NRS 159.044 is hereby amended to read as follows:

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

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

      (a) The name and address of the petitioner.

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

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

             (1) A social security number;

             (2) A taxpayer identification number;

             (3) A valid driver’s license number;

             (4) A valid identification card number; [or]

             (5) A valid passport number [.] ; or

             (6) A valid tribal identification card number.

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

      (d) If the proposed ward is a minor, the date on which the proposed ward will attain the age of majority and:

 


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

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

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

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

      (g) The name, date of birth and current address of the proposed guardian. If the proposed guardian is a private professional guardian, the petition must include proof that the guardian meets the requirements of NRS 159.0595. If the proposed guardian is not a private professional guardian, the petition must include a statement that the guardian currently is not receiving compensation for services as a guardian to more than one ward who is not related to the person by blood or marriage.

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

             (1) A social security number;

             (2) A taxpayer identification number;

             (3) A valid driver’s license number;

             (4) A valid identification card number; [or]

             (5) A valid passport number [.] ; or

             (6) A valid tribal identification card number.

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

      (j) A summary of the reasons why a guardian is needed and recent documentation demonstrating the need for a guardianship. If the proposed ward is an adult, the documentation must include, without limitation:

             (1) A certificate signed by a physician who is licensed to practice medicine in this State or who is employed by the Department of Veterans Affairs, a letter signed by any governmental agency in this State which conducts investigations or a certificate signed by any other person whom the court finds qualified to execute a certificate, stating:

                   (I) The need for a guardian;

                   (II) Whether the proposed ward presents a danger to himself or herself or others;

                   (III) Whether the proposed ward’s attendance at a hearing would be detrimental to the proposed ward;

                   (IV) Whether the proposed ward would comprehend the reason for a hearing or contribute to the proceeding; and

                   (V) Whether the proposed ward is capable of living independently with or without assistance; and

             (2) If the proposed ward is determined to have the limited capacity to consent to the appointment of a special guardian, a written consent to the appointment of a special guardian from the ward.

      (k) Whether the appointment of a general or a special guardian is sought.

 


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      (l) A general description and the probable value of the property of the proposed ward and any income to which the proposed ward is or will be entitled, if the petition is for the appointment of a guardian of the estate or a special guardian. If any money is paid or is payable to the proposed ward by the United States through the Department of Veterans Affairs, the petition must so state.

      (m) The name and address of any person or care provider having the care, custody or control of the proposed ward.

      (n) If the petitioner is not the spouse or natural child of the proposed ward, a declaration explaining the relationship of the petitioner to the proposed ward or to the proposed ward’s family or friends, if any, and the interest, if any, of the petitioner in the appointment.

      (o) Requests for any of the specific powers set forth in NRS 159.117 to 159.175, inclusive, necessary to enable the guardian to carry out the duties of the guardianship.

      (p) If the guardianship is sought as the result of an investigation of a report of abuse, neglect, exploitation, isolation or abandonment of the proposed ward, whether the referral was from a law enforcement agency or a state or county agency.

      (q) Whether the proposed ward or the proposed guardian is a party to any pending criminal or civil litigation.

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

      (s) Whether the proposed ward has executed a durable power of attorney for health care, a durable power of attorney for financial matters or a written nomination of guardian and, if so, who the named agents are for each document.

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

      3.  Before the court makes a finding pursuant to NRS 159.054, a petitioner seeking a guardian for a proposed adult ward must provide the court with an assessment of the needs of the proposed adult ward completed by a licensed physician which identifies the limitations of capacity of the proposed adult ward and how such limitations affect the ability of the proposed adult ward to maintain his or her safety and basic needs. The court may prescribe the form in which the assessment of the needs of the proposed adult ward must be filed.

      Sec. 5. NRS 159.2025 is hereby amended to read as follows:

      159.2025  If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this State, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register and the reason for registration, may register the guardianship order in this State by filing as a foreign judgment in a court, in any appropriate county of this State:

      1.  Certified copies of the order and letters of office; and

      2.  A copy of the guardian’s driver’s license, passport , tribal identification card or other valid photo identification card in a sealed envelope.

      Sec. 6. NRS 202.2493 is hereby amended to read as follows:

      202.2493  1.  A person shall not sell, distribute or offer to sell cigarettes, any smokeless product made or derived from tobacco or any alternative nicotine product in any form other than in an unopened package which originated with the manufacturer and bears any health warning required by federal law.

 


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which originated with the manufacturer and bears any health warning required by federal law. A person who violates this subsection shall be punished by a fine of $100 and a civil penalty of $100. As used in this subsection, “smokeless product made or derived from tobacco” means any product that consists of cut, ground, powdered or leaf tobacco and is intended to be placed in the oral or nasal cavity.

      2.  Except as otherwise provided in subsections 3, 4 and 5, it is unlawful for any person to sell, distribute or offer to sell cigarettes, cigarette paper, tobacco of any description, products made or derived from tobacco, vapor products or alternative nicotine products to any child under the age of 18 years. A person who violates this subsection shall be punished by a fine of not more than $500 and a civil penalty of not more than $500.

      3.  A person shall be deemed to be in compliance with the provisions of subsection 2 if, before the person sells, distributes or offers to sell to another, cigarettes, cigarette paper, tobacco of any description, products made or derived from tobacco, vapor products or alternative nicotine products, the person:

      (a) Demands that the other person present a valid driver’s license , tribal identification card or other written or documentary evidence which shows that the other person is 18 years of age or older;

      (b) Is presented a valid driver’s license , tribal identification card or other written or documentary evidence which shows that the other person is 18 years of age or older; and

      (c) Reasonably relies upon the driver’s license , tribal identification card or written or documentary evidence presented by the other person.

      4.  The employer of a child who is under 18 years of age may, for the purpose of allowing the child to handle or transport tobacco, products made or derived from tobacco, vapor products or alternative nicotine products, in the course of the child’s lawful employment, provide tobacco, products made or derived from tobacco, vapor products or alternative nicotine products to the child.

      5.  With respect to any sale made by an employee of a retail establishment, the owner of the retail establishment shall be deemed to be in compliance with the provisions of subsection 2 if the owner:

      (a) Had no actual knowledge of the sale; and

      (b) Establishes and carries out a continuing program of training for employees which is reasonably designed to prevent violations of subsection 2.

      6.  The owner of a retail establishment shall, whenever any product made or derived from tobacco, vapor product or alternative nicotine product is being sold or offered for sale at the establishment, display prominently at the point of sale:

      (a) A notice indicating that:

             (1) The sale of cigarettes, other tobacco products, vapor products and alternative nicotine products to minors is prohibited by law; and

             (2) The retailer may ask for proof of age to comply with this prohibition; and

      (b) At least one sign that complies with the requirements of NRS 442.340.

Ê A person who violates this subsection shall be punished by a fine of not more than $100.

 


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      7.  It is unlawful for any retailer to sell cigarettes through the use of any type of display:

      (a) Which contains cigarettes and is located in any area to which customers are allowed access; and

      (b) From which cigarettes are readily accessible to a customer without the assistance of the retailer,

Ê except a vending machine used in compliance with NRS 202.2494. A person who violates this subsection shall be punished by a fine of not more than $500.

      8.  Any money recovered pursuant to this section as a civil penalty must be deposited in a separate account in the State General Fund to be used for the enforcement of this section and NRS 202.2494.

      Sec. 7. NRS 237.200 is hereby amended to read as follows:

      237.200  1.  Except as otherwise provided in subsection 2, with respect to any activity or transaction in which a local government accepts an identification card issued by the Department of Motor Vehicles to identify a person, the local government may also accept a consular identification card or tribal identification card to identify a person.

      2.  The provisions of subsection 1 apply only to the presentation of a consular identification card or tribal identification card for purposes of identification and do not convey an independent right to receive benefits of any type.

      3.  To be accepted pursuant to subsection 1 to identify a person, an identification card issued by a tribal government must contain:

      (a) The full legal name of the holder of the card;

      (b) The date of birth of the holder of the card;

      (c) A unique number assigned to the holder of the card;

      (d) A digital photograph of the full face of the holder of the card;

      (e) The address of the principal residence of the holder of the card;

      (f) A physical description of the holder of the card, including, without limitation, the height, weight, hair color and eye color of the holder of the card;

      (g) The usual signature of the holder of the card;

      (h) The date on which the card is issued; and

      (i) A reference to the tribal government which issued the card.

      4.  As used in this section:

      (a) “Consular identification card” means an identification card issued by a consulate of a foreign government, which consulate is located within the State of Nevada.

      (b) “Identification card issued by the Department of Motor Vehicles” means an identification card of the type described in NRS 483.810 to 483.890, inclusive.

      (c) “Local government” has the meaning ascribed to it in NRS 237.050.

      (d) “Tribal government” has the meaning ascribed to it in NRS 239C.105.

      (e) “Tribal identification card” means an identification card issued by a tribal government which satisfies the requirements of subsection 3.

      Sec. 8. NRS 453.357 is hereby amended to read as follows:

      453.357  1.  A retail distributor shall maintain a logbook.

      2.  At the time of the sale or transfer of a product that is a precursor to methamphetamine, a retail distributor shall ensure that the following information is entered in the logbook:

 


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      (a) The name of the product sold or transferred;

      (b) The quantity of the product sold or transferred;

      (c) The name and address of the purchaser or transferee;

      (d) The date and time of the sale or transfer; and

      (e) The type and number of the identification presented by the purchaser or transferee pursuant to paragraph (a) of subsection 3.

      3.  A retail distributor shall not sell or transfer a product that is a precursor to methamphetamine unless:

      (a) The prospective purchaser or transferee:

             (1) Presents an identification card which provides a photograph and which is issued by the Federal Government, this State or any other state [,] or a tribal government, or a document that, with respect to identification, is considered acceptable pursuant to 21 U.S.C. § 830(e)(1); and

             (2) Signs his or her name in the logbook.

      (b) The retail distributor:

             (1) Determines that the name entered in the logbook corresponds to the name provided on the identification presented by the prospective purchaser or transferee; and

             (2) Has consulted the real-time, stop sale system, if required pursuant to NRS 639.440.

      4.  The retail distributor must include in the logbook or otherwise post or provide to a prospective purchaser or transferee a notice that entering a false statement or representation in the logbook may subject the prospective purchaser or transferee to criminal penalties under state law, as set forth in NRS 453.359, and under federal law, as set forth in 18 U.S.C. § 1001.

      5.  A retail distributor shall maintain each entry in the logbook for not less than 2 years after the date on which the entry is made.

      6.  A retail distributor shall not access, use or share the information in the logbook unless the accessing, using or sharing of the information is allowed by federal law or unless the purpose of accessing, using or sharing the information is to ensure compliance with this chapter or to facilitate a product recall to protect the health and safety of the public.

      7.  Upon a request, which is made for the purpose of enforcing the provisions of NRS 453.352 to 453.359, inclusive, or 639.400 to 639.450, inclusive, by a law enforcement agency of this State or a political subdivision thereof or a law enforcement agency of the Federal Government, a retail distributor shall disclose the information in the logbook to the law enforcement agency.

      Sec. 9. NRS 476.220 is hereby amended to read as follows:

      476.220  1.  Except as otherwise provided in subsection 2, any person who distributes:

      (a) Black powder to a person under the age of 18 years; or

      (b) Smokeless gunpowder to a person:

             (1) Under the age of 18 years; or

             (2) Under the age of 21 years, if the smokeless gunpowder is intended for use other than in a rifle or shotgun,

Ê is guilty of a misdemeanor and shall be punished by a fine of not more than $500.

      2.  A person shall be deemed to be in compliance with the provisions of subsection 1 if, before the person distributes black powder or smokeless gunpowder to another person, the person:

 


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      (a) Asks the other person to declare the intended use for the black powder or smokeless gunpowder;

      (b) Demands that the other person present a valid driver’s license , tribal identification card or other written or documentary evidence which shows that the other person meets the appropriate age requirement set forth in subsection 1;

      (c) Is presented a valid driver’s license , tribal identification card or other written or documentary evidence which shows that the other person meets the appropriate age requirement set forth in subsection 1; and

      (d) Reasonably relies upon the declaration of intended use by the other person and the driver’s license , tribal identification card or other written or documentary evidence presented by the other person.

      3.  As used in this section [, “distribute”] :

      (a) “Distribute” has the meaning ascribed to it in NRS 476.010.

      (b) “Tribal identification card” means an identification card issued by a tribal government which satisfies the requirements of subsection 3 of NRS 232.006.

      Sec. 10. Chapter 597 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a business accepts a driver’s license or identification card issued by the Department of Motor Vehicles for the purpose of identifying a customer, the business shall not refuse to accept a tribal identification card for the same purpose unless the business reasonably determines that a federal law or regulation requires the use of a different form of identification.

      2.  As used in this section, “tribal identification card” means an identification card issued by a tribal government which satisfies the requirements of subsection 3 of NRS 232.006.

      Sec. 11. NRS 597.940 is hereby amended to read as follows:

      597.940  1.  Except as otherwise provided in this subsection, a business shall not, without the customer’s consent, record the account number of any of a customer’s credit cards on the customer’s check or draft as a condition of accepting that check or draft. This subsection does not prohibit:

      (a) The business from requiring the customer to produce reasonable forms of positive identification other than a credit card, including, without limitation:

             (1) A driver’s license;

             (2) An identification card issued by the Department of Motor Vehicles; [or]

             (3) A tribal identification card; or

             (4) A consular identification card,

Ê as a condition of accepting a check or draft.

      (b) The business from requesting the customer to display a credit card as an indicia of creditworthiness or financial responsibility, if the only information recorded by the business concerning the credit card is the type of credit card displayed, the issuer of the card and the date the card expires.

      (c) The business from requesting the customer to record the account number of his or her credit card on the check or draft with which payment on the credit card account is being made.

      (d) The business from requesting the production of or recording of the account number of a credit card as a condition of cashing a check or draft if:

 


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             (1) The business has agreed with the issuer of the credit card to cash the checks or drafts as a service to the cardholders of the issuer;

             (2) The issuer has agreed to guarantee any such check or draft so cashed; and

             (3) The cardholder has given actual, apparent or implied authority for the use of his or her account number for this purpose.

      2.  Except as otherwise provided in this subsection, a business shall not, without the customer’s consent, record a customer’s telephone number on the credit card sales slip as a condition of accepting his or her credit card. This subsection does not:

      (a) Prohibit the recordation of personal identifying information required for a special purpose incidental to the use of the credit card, such as the delivery, shipping, servicing or installation of the purchased merchandise.

      (b) Apply to a transaction in which the customer receives a cash advance against his or her credit card or to a transaction involving the use of preprinted spaces for personal identifying information that the business accepting the credit card has a contractual obligation to record in order to complete the transaction.

      (c) Apply to a transaction in which the customer’s purchase is made by the use of a device that electronically authorizes the use of the credit card and processes information relating thereto.

      3.  As used in this section, unless the context otherwise requires:

      (a) “Consular identification card” means an identification card issued by a consulate of a foreign government, which consulate is located within the State of Nevada.

      (b) “Credit card” has the meaning ascribed to it in NRS 205.630.

      (c) “Identification card issued by the Department of Motor Vehicles” means an identification card of the type described in NRS 483.810 to 483.890, inclusive.

      (d) “Tribal identification card” means an identification card issued by a tribal government which satisfies the requirements of subsection 3 of NRS 232.006.

      Sec. 12. NRS 643.184 is hereby amended to read as follows:

      643.184  A person who is required to display a license issued pursuant to the provisions of this chapter shall, upon the request of an authorized representative of the Board, provide to that representative identification in the form of a driver’s license or identification card with a photograph that has been issued by a state, the District of Columbia or the United States [.] or a tribal identification card issued by a tribal government which satisfies the requirements of subsection 3 of NRS 232.006.

      Sec. 13. NRS 644.208 is hereby amended to read as follows:

      644.208  1.  The Board shall admit to examination as a hair braider, at any meeting of the Board held to conduct examinations, each person who has applied to the Board in proper form and paid the fee, and who:

      (a) Is not less than 18 years of age.

      (b) Is of good moral character.

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

      (d) Has successfully completed the 10th grade in school or its equivalent and has submitted to the Board a notarized affidavit establishing the successful completion by the applicant of the 10th grade or its equivalent. Testing for equivalency must be pursuant to state or federal requirements.

 


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      (e) If the person has not practiced hair braiding previously:

             (1) Has completed a minimum of 250 hours of training and education as follows:

                   (I) Fifty hours concerning the laws of Nevada and the regulations of the Board relating to cosmetology;

                   (II) Seventy-five hours concerning infection control and prevention and sanitation;

                   (III) Seventy-five hours regarding the health of the scalp and the skin of the human body; and

                   (IV) Fifty hours of clinical practice; and

             (2) Has passed the practical demonstration in hair braiding and written tests described in NRS 644.248.

      (f) If the person has practiced hair braiding in this State on a person who is related within the sixth degree of consanguinity without a license and without charging a fee:

             (1) Has submitted to the Board a signed affidavit stating that the person has practiced hair braiding for at least 1 year on such a relative; and

             (2) Has passed the practical demonstration in hair braiding and written tests described in NRS 644.248.

      2.  The application submitted pursuant to subsection 1 must be accompanied by:

      (a) Two current photographs of the applicant which are 2 by 2 inches. The name and address of the applicant must be written on the back of each photograph.

      (b) A copy of one of the following documents as proof of the age of the applicant:

             (1) A driver’s license or identification card issued to the applicant by this State or another state, the District of Columbia or any territory of the United States [;] or a tribal identification card issued by a tribal government which satisfies the requirements of subsection 3 of NRS 232.006;

             (2) The birth certificate of the applicant; or

             (3) The current passport issued to the applicant.

      Sec. 14. NRS 644.209 is hereby amended to read as follows:

      644.209  1.  The Board shall admit to examination as a hair braider, at any meeting of the Board held to conduct examinations, each person who has practiced hair braiding in another state, has applied to the Board in proper form and paid a fee of $200, and who:

      (a) Is not less than 18 years of age.

      (b) Is of good moral character.

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

      (d) Has successfully completed the 10th grade in school or its equivalent and has submitted to the Board a notarized affidavit establishing the successful completion by the applicant of the 10th grade or its equivalent. Testing for equivalency must be pursuant to state or federal requirements.

      (e) If the person has practiced hair braiding in another state in accordance with a license issued in that other state:

             (1) Has submitted to the Board proof of the license; and

             (2) Has passed the written tests described in NRS 644.248.

 


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ê2017 Statutes of Nevada, Page 1631 (Chapter 306, AB 415)ê

 

      (f) If the person has practiced hair braiding in another state without a license and it is legal in that state to practice hair braiding without a license:

             (1) Has submitted to the Board a signed affidavit stating that the person has practiced hair braiding for at least 1 year; and

             (2) Has passed the practical demonstration in hair braiding and written tests described in NRS 644.248.

      2.  The application submitted pursuant to subsection 1 must be accompanied by:

      (a) Two current photographs of the applicant which are 2 by 2 inches. The name and address of the applicant must be written on the back of each photograph.

      (b) A copy of one of the following documents as proof of the age of the applicant:

             (1) A driver’s license or identification card issued to the applicant by this State or another state, the District of Columbia or any territory of the United States [;] or a tribal identification card issued by a tribal government which satisfies the requirements of subsection 3 of NRS 232.006;

             (2) The birth certificate of the applicant; or

             (3) The current passport issued to the applicant.

      Sec. 15.  This act becomes effective on July 1, 2017.

________

CHAPTER 307, AB 471

Assembly Bill No. 471–Committee on Judiciary

 

CHAPTER 307

 

[Approved: June 2, 2017]

 

AN ACT relating to cybersecurity; creating the Nevada Office of Cyber Defense Coordination within the Department of Public Safety; providing for the powers and duties of the Office; requiring the Nevada Commission on Homeland Security to consider a certain report of the Office when performing certain duties; providing for the confidentiality of certain information regarding cybersecurity; requiring certain state agencies to comply with the provisions of certain regulations adopted by the Office; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill creates the Nevada Office of Cyber Defense Coordination within the Department of Public Safety, to be headed by an Administrator, who is appointed by the Director of the Department and is ex officio a nonvoting member of the Nevada Commission on Homeland Security. Under section 10 of this bill, the Office must: (1) periodically review the information systems of state agencies; (2) identify risks to the security of those systems; and (3) develop strategies, standards and guidelines for preparing for and mitigating risks to, and otherwise protecting, the security of those systems. The Office must also: (1) coordinate performance audits and assessments of state agencies; and (2) coordinate statewide programs for awareness and training regarding risks to the security of information systems of state agencies.

 


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ê2017 Statutes of Nevada, Page 1632 (Chapter 307, AB 471)ê

 

      Under section 11 of this bill, the Office must establish partnerships with local governments, agencies of the Federal Government, the Nevada System of Higher Education and private entities that have expertise in cybersecurity or information systems, must consult with the Division of Emergency Management of the Department of Public Safety and the Division of Enterprise Information Technology Services of the Department of Administration regarding strategies to prepare for and mitigate risks to, and otherwise protect, the security of information systems and must coordinate with the Investigation Division of the Department of Public Safety regarding gathering intelligence on and initiating investigations of cyber threats and incidents.

      Section 12 of this bill requires the Office to establish policies and procedures for notifications to and by the Office of specific threats to information systems. Section 12 also requires the Administrator of the Office to appoint a cybersecurity incident response team or teams and requires the Office to establish policies and procedures for the Administrator to convene such a team in the event of a specific threat to the security of an information system.

      Section 13 of this bill requires the Office to prepare and make publicly available a statewide strategic plan that outlines policies, procedures, best practices and recommendations for preparing for and mitigating risks to, and otherwise protecting, the security of information systems in this State. Under section 22 of this bill, the first such plan must be prepared and made available not later than January 1, 2018, and under section 13, the plan must be updated every 2 years. Under section 21 of this bill, the Nevada Commission on Homeland Security must consider the most recent plan when performing certain duties.

      Section 14 of this bill requires the Office to prepare an annual report on the activities of the Office.

      Section 15 of this bill provides that certain information of any state agency, including the Office, or local government which identifies the detection of, the investigation of or a response to a suspected or confirmed threat to or attack on the security of an information system is not a public record and may be disclosed by the Administrator only under certain circumstances.

      Section 16 of this bill authorizes the Office to adopt any regulations necessary to carry out the provisions of this bill.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 480 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 16, inclusive, of this act.

      Sec. 2. The Legislature hereby finds and declares that:

      1.  The protection and security of information systems, and the coordination of efforts to promote the protection and security of information systems, are essential to protecting the health, safety and welfare of the people of this State.

      2.  The continued development of technologies relating to information systems and the expanding and diverse applications of those technologies pose significant implications for the functioning of any infrastructure in this State that is critical to the health, safety and welfare of the people of this State, particularly in the areas of transportation, health care, energy, education, law enforcement and commercial enterprises.

      3.  Information systems and the application of information systems relating to the operation of State Government and local governments make up a statewide cyberinfrastructure that is integral to the delivery of essential services to the people of this State and the essential functions of government that ensure the protection of the health, safety and welfare of the people of this State.

 


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ê2017 Statutes of Nevada, Page 1633 (Chapter 307, AB 471)ê

 

essential services to the people of this State and the essential functions of government that ensure the protection of the health, safety and welfare of the people of this State.

      4.  Protecting and securing the statewide cyberinfrastructure requires the identification of the areas in which information systems may be vulnerable to attack, unauthorized use or misuse or other dangerous, harmful or destructive acts.

      5.  Protecting and securing the statewide cyberinfrastructure requires an ability to identify and eliminate threats to information systems in both the public and private sectors.

      6.  Protecting and securing the statewide cyberinfrastructure requires a strategic statewide plan for responding to incidents in which information systems are compromised, breached or damaged, including, without limitation, actions taken to:

      (a) Minimize the harmful impacts of such incidents on the health, safety and welfare of the people of this State;

      (b) Minimize the disruptive effects of such incidents on the delivery of essential services to the people of this State and on the essential functions of government that ensure the protection of the health, safety and welfare of the people of this State; and

      (c) Ensure the uninterrupted and continuous delivery of essential services to the people of this State and the uninterrupted and continuous operations of the essential functions of government that ensure the protection of the health, safety and welfare of the people of this State.

      7.  Protecting and securing the statewide cyberinfrastructure depends on collaboration and cooperation, including the voluntary sharing of information and analysis regarding cybersecurity threats, among local, state and federal agencies and across a broad spectrum of the public and private sectors.

      8.  Institutions of higher education play a critical role in protecting and securing statewide cyberinfrastructure by developing programs that support a skilled workforce, promote innovation and contribute to a more secure statewide cyberinfrastructure.

      9.  It is therefore in the public interest that the Legislature enact provisions to enable the State to prepare for and mitigate risks to, and otherwise protect, information systems and statewide cyberinfrastructure.

      Sec. 3. As used in sections 2 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4. “Administrator” means the Administrator of the Office of Cyber Defense Coordination appointed pursuant to section 9 of this act.

      Sec. 5. “Information system” means any computer equipment, computer software, procedures or technology used to communicate, collect, process, distribute or store information.

      Sec. 6. “Office” means the Nevada Office of Cyber Defense Coordination of the Department of Public Safety.

      Sec. 7. “Security of an information system” includes, without limitation, the security of:

      1.  The physical infrastructure of an information system; and

      2.  Information, including, without limitation, personal information, that is stored on, transmitted to, from or through, or generated by an information system.

 


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ê2017 Statutes of Nevada, Page 1634 (Chapter 307, AB 471)ê

 

      Sec. 8. “State agency” means every public agency, bureau, board, commission, department or division of the Executive Branch of State Government.

      Sec. 9. The Nevada Office of Cyber Defense Coordination is hereby created and is composed of:

      1.  The Administrator of the Office, who is appointed by the Director; and

      2.  Within the limits of legislative appropriations, a number of employees which the Director determines to be sufficient to carry out the duties of the Office.

      Sec. 10. 1.  The Office shall:

      (a) Periodically review the information systems that are operated or maintained by state agencies.

      (b) Identify risks to the security of information systems that are operated or maintained by state agencies.

      (c) Develop and update, as necessary, strategies, standards and guidelines for preparing for and mitigating risks to, and otherwise protecting, the security of information systems that are operated or maintained by state agencies.

      (d) Coordinate performance audits and assessments of the information systems of state agencies to determine, without limitation, adherence to the regulations, standards, practices, policies and conventions of the Division of Enterprise Information Technology Services of the Department of Administration that are identified by the Division as security-related.

      (e) Coordinate statewide programs for awareness and training regarding risks to the security of information systems that are operated or maintained by state agencies.

      2.  Upon review of an information system that is operated or maintained by a state agency, the Office may make recommendations to the state agency and the Division of Enterprise Information Technology Services regarding the security of the information system.

      Sec. 11. The Office shall:

      1.  Establish partnerships with:

      (a) Local governments;

      (b) The Nevada System of Higher Education; and

      (c) Private entities that have expertise in cyber security or information systems,

Ê to encourage the development of strategies to prepare for and mitigate risks to, and otherwise protect, the security of information systems that are operated or maintained by a public or private entity in this State.

      2.  Establish partnerships to assist and receive assistance from local governments and appropriate agencies of the Federal Government regarding the development of strategies to prepare for and mitigate risks to, and otherwise protect, the security of information systems.

      3.  Consult with the Division of Emergency Management of the Department and the Division of Enterprise Information Technology Services of the Department of Administration regarding the development of strategies to prepare for and mitigate risks to, and otherwise protect, the security of information systems.

      4.  Coordinate with the Investigation Division of the Department regarding gathering intelligence on and initiating investigations of cyber threats and incidents.

 


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ê2017 Statutes of Nevada, Page 1635 (Chapter 307, AB 471)ê

 

      Sec. 12. 1.  The Office shall establish policies and procedures for:

      (a) A state agency to notify the Office of any specific threat to the security of an information system operated or maintained by the state agency;

      (b) Any other public or private entity to voluntarily notify the Office of any specific threat to the security of an information system;

      (c) The Office to notify state agencies, appropriate law enforcement and prosecuting authorities and any other appropriate public or private entity of any specific threat to the security of an information system of which the Office has been notified; and

      (d) The Administrator to convene a cybersecurity incident response team appointed pursuant to subsection 2 upon notification of the Office of a specific threat to the security of an information system.

      2.  In consultation with appropriate state agencies, local governments and agencies of the Federal Government, the Administrator shall appoint a cybersecurity incident response team or teams.

      3.  A cybersecurity incident response team appointed pursuant to subsection 2 shall convene at the call of the Administrator and, subject to the direction of the Administrator, shall assist the Office and any appropriate state agencies, local governments or agencies of the Federal Government in responding to the threat to the security of an information system.

      4.  A private entity may, in its discretion, use the services of a cybersecurity incident response team appointed pursuant to subsection 2.

      Sec. 13. 1.  The Office shall prepare and make publicly available a statewide strategic plan that outlines policies, procedures, best practices and recommendations for preparing for and mitigating risks to, and otherwise protecting, the security of information systems in this State and for recovering from and otherwise responding to threats to or attacks on the security of information systems in this State.

      2.  The statewide strategic plan must include, without limitation, policies, procedures, best practices and recommendations for:

      (a) Identifying, preventing and responding to threats to and attacks on the security of information systems in this State;

      (b) Ensuring the safety of, and the continued delivery of essential services to, the people of this State in the event of a threat to or attack on the security of an information system in this State;

      (c) Protecting the confidentiality of personal information that is stored on, transmitted to, from or through, or generated by an information system in this State;

      (d) Investing in technologies, infrastructure and personnel for protecting the security of information systems; and

      (e) Enhancing the voluntary sharing of information and any other collaboration among state agencies, local governments, agencies of the Federal Government and appropriate private entities regarding protecting the security of information systems.

      3.  The statewide strategic plan must be updated at least every 2 years.

      4.  A private entity may, in its discretion, make use of the information set forth in the statewide strategic plan.

      Sec. 14. 1.  The Office shall annually prepare a report that includes, without limitation:

 


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ê2017 Statutes of Nevada, Page 1636 (Chapter 307, AB 471)ê

 

      (a) A summary of the progress made by the Office during the previous year in executing, administering and enforcing the provisions of sections 2 to 16, inclusive, of this act and performing such duties and exercising such powers as are conferred upon it pursuant to sections 2 to 16, inclusive, of this act and any other specific statute;

      (b) A general description of any threat during the previous year to the security of an information system that prompted the Administrator to convene a cybersecurity incident response team pursuant to section 12 of this act, and a summary of the response to the threat;

      (c) A summary of the goals and objectives of the Office for the upcoming year;

      (d) A summary of any issues presenting challenges to the Office; and

      (e) Any other information that the Administrator determines is appropriate to include in the report.

      2.  The report required pursuant to subsection 1 must be submitted not later than July 1 of each year to the Governor and to the Nevada Commission on Homeland Security created by NRS 239C.120.

      Sec. 15. 1.  Any record of a state agency, including the Office, or a local government which identifies the detection of, the investigation of or a response to a suspected or confirmed threat to or attack on the security of an information system is not a public record and may be disclosed by the Administrator only to another state agency or local government, a cybersecurity incident response team appointed pursuant to section 12 of this act and appropriate law enforcement or prosecuting authorities and only for the purposes of preparing for and mitigating risks to, and otherwise protecting, the security of information systems or as part of a criminal investigation.

      2.  The Office shall not require any private entity to provide any information or data that, in the sole discretion of the private entity, would compromise any information system of the private entity if such information or data were made public.

      Sec. 16. 1.  The Office may adopt any regulations necessary to carry out the provisions of sections 2 to 16, inclusive, of this act.

      2.  Every state agency shall, to the extent practicable, comply with the provisions of any regulations adopted by the Office pursuant to sections 2 to 16, inclusive, of this act.

      Sec. 17. NRS 480.130 is hereby amended to read as follows:

      480.130  The Department consists of:

      1.  An Investigation Division;

      2.  A Nevada Highway Patrol Division;

      3.  A Division of Emergency Management;

      4.  A State Fire Marshal Division;

      5.  A Division of Parole and Probation;

      6.  A Capitol Police Division;

      7.  A Nevada Office of Cyber Defense Coordination;

      8.  A Training Division; and

      [8.]9.  A General Services Division.

      Sec. 18. NRS 480.140 is hereby amended to read as follows:

      480.140  The primary functions and responsibilities of the divisions of the Department are as follows:

 


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ê2017 Statutes of Nevada, Page 1637 (Chapter 307, AB 471)ê

 

      1.  The Investigation Division shall:

      (a) Execute, administer and enforce the provisions of chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs;

      (b) Assist the Secretary of State in carrying out an investigation pursuant to NRS 293.124; and

      (c) Perform such duties and exercise such powers as may be conferred upon it pursuant to this chapter and any other specific statute.

      2.  The Nevada Highway Patrol Division shall, in conjunction with the Department of Motor Vehicles, execute, administer and enforce the provisions of chapters 484A to 484E, inclusive, of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to NRS 480.360 and any other specific statute.

      3.  The Division of Emergency Management shall execute, administer and enforce the provisions of chapters 414 and 414A of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapters 414 and 414A of NRS and any other specific statute.

      4.  The State Fire Marshal Division shall execute, administer and enforce the provisions of chapter 477 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 477 of NRS and any other specific statute.

      5.  The Division of Parole and Probation shall execute, administer and enforce the provisions of chapters 176A and 213 of NRS relating to parole and probation and perform such duties and exercise such powers as may be conferred upon it pursuant to those chapters and any other specific statute.

      6.  The Capitol Police Division shall assist in the enforcement of subsection 1 of NRS 331.140.

      7.  The Nevada Office of Cyber Defense Coordination shall:

      (a) Serve as the strategic planning, facilitating and coordinating office for cybersecurity policy and planning in this State; and

      (b) Execute, administer and enforce the provisions of sections 2 to 16, inclusive, of this act and perform such duties and exercise such powers as may be conferred upon it pursuant to sections 2 to 16, inclusive, of this act and any other specific statute.

      8.  The Training Division shall provide training to the employees of the Department.

      [8.]9.  The General Services Division shall:

      (a) Execute, administer and enforce the provisions of chapter 179A of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 179A of NRS and any other specific statute;

      (b) Provide dispatch services for the Department and other agencies as determined by the Director;

      (c) Maintain records of the Department as determined by the Director; and

      (d) Provide support services to the Director, the divisions of the Department and the Nevada Criminal Justice Information System as may be imposed by the Director.

      Sec. 19. 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.

 


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ê2017 Statutes of Nevada, Page 1638 (Chapter 307, AB 471)ê

 

87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 130.712, 136.050, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.

 


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ê2017 Statutes of Nevada, Page 1639 (Chapter 307, AB 471)ê

 

687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 15 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

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

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

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

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

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

      Sec. 20. NRS 239C.120 is hereby amended to read as follows:

      239C.120  1.  The Nevada Commission on Homeland Security is hereby created.

      2.  The Governor shall appoint to the Commission 16 voting members that the Governor determines to be appropriate and who serve at the Governor’s pleasure, which must include at least:

      (a) The sheriff of each county whose population is 100,000 or more.

      (b) The chief of the county fire department in each county whose population is 100,000 or more.

      (c) A member of the medical community in a county whose population is 700,000 or more.

      (d) An employee of the largest incorporated city in each county whose population is 700,000 or more.

      (e) A representative of the broadcaster community. As used in this paragraph, “broadcaster” has the meaning ascribed to it in NRS 432.310.

      (f) A representative recommended by the Inter-Tribal Council of Nevada, Inc., or its successor organization, to represent tribal governments in Nevada.

      3.  The Governor shall appoint:

 


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      (a) An officer of the United States Department of Homeland Security whom the Department of Homeland Security has designated for this State;

      (b) The agent in charge of the office of the Federal Bureau of Investigation in this State; [and]

      (c) The Chief of the Division [,] ; and

      (d) The Administrator of the Nevada Office of Cyber Defense Coordination appointed pursuant to section 9 of this act,

Ê as nonvoting members of the Commission.

      4.  The Senate Majority Leader shall appoint one member of the Senate as a nonvoting member of the Commission.

      5.  The Speaker of the Assembly shall appoint one member of the Assembly as a nonvoting member of the Commission.

      6.  The term of office of each member of the Commission who is a Legislator is 2 years.

      7.  The Governor or his or her designee shall:

      (a) Serve as Chair of the Commission; and

      (b) Appoint a member of the Commission to serve as Vice Chair of the Commission.

      Sec. 21. NRS 239C.160 is hereby amended to read as follows:

      239C.160  The Commission shall, within the limits of available money:

      1.  Make recommendations to the Governor, the Legislature, agencies of this State, political subdivisions, tribal governments, businesses located within this State and private persons who reside in this State with respect to actions and measures that may be taken to protect residents of this State and visitors to this State from potential acts of terrorism and related emergencies.

      2.  [Make] Upon consideration of the most recent statewide strategic plan prepared by the Nevada Office of Cyber Defense Coordination pursuant to section 13 of this act, make recommendations to the Governor, through the Division, on the use of money received by the State from any homeland security grant or related program, including, without limitation, the State Homeland Security Grant Program and Urban Area Security Initiative, in accordance with the following:

      (a) The Division shall provide the Commission with program guidance and briefings;

      (b) The Commission must be provided briefings on existing and proposed projects, and shall consider statewide readiness capabilities and priorities for the use of money, administered by the Division, from any homeland security grant or related program;

      (c) The Commission shall serve as the public body which reviews and makes recommendations for the State’s applications to the Federal Government for homeland security grants or related programs, as administered by the Division; and

      (d) The Commission shall serve as the public body which recommends, subject to approval by the Governor, the distribution of money from any homeland security grant or related program for use by state, local and tribal government agencies and private sector organizations.

      3.  Propose goals and programs that may be set and carried out, respectively, to counteract or prevent potential acts of terrorism and related emergencies before such acts of terrorism and related emergencies can harm or otherwise threaten residents of this State and visitors to this State.

      4.  With respect to buildings, facilities, geographic features and infrastructure that must be protected from acts of terrorism and related emergencies to ensure the safety of the residents of this State and visitors to this State, including, without limitation, airports other than international airports, the Capitol Complex, dams, gaming establishments, governmental buildings, highways, hotels, information technology infrastructure, lakes, places of worship, power lines, public buildings, public utilities, reservoirs, rivers and their tributaries, and water facilities:

 


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this State, including, without limitation, airports other than international airports, the Capitol Complex, dams, gaming establishments, governmental buildings, highways, hotels, information technology infrastructure, lakes, places of worship, power lines, public buildings, public utilities, reservoirs, rivers and their tributaries, and water facilities:

      (a) Identify and categorize such buildings, facilities, geographic features and infrastructure according to their susceptibility to and need for protection from acts of terrorism and related emergencies; and

      (b) Study and assess the security of such buildings, facilities, geographic features and infrastructure from acts of terrorism and related emergencies.

      5.  Examine the use, deployment and coordination of response agencies within this State to ensure that those agencies are adequately prepared to protect residents of this State and visitors to this State from acts of terrorism and related emergencies.

      6.  Assess, examine and review the use of information systems and systems of communication used by response agencies within this State to determine the degree to which such systems are compatible and interoperable. After conducting the assessment, examination and review, the Commission shall:

      (a) Establish a state plan setting forth criteria and standards for the compatibility and interoperability of those systems when used by response agencies within this State; and

      (b) Advise and make recommendations to the Governor relative to the compatibility and interoperability of those systems when used by response agencies within this State, with particular emphasis upon the compatibility and interoperability of public safety radio systems.

      7.  Assess, examine and review the operation and efficacy of telephone systems and related systems used to provide emergency 911 service.

      8.  To the extent practicable, cooperate and coordinate with the Division to avoid duplication of effort in developing policies and programs for preventing and responding to acts of terrorism and related emergencies.

      9.  Submit an annual briefing to the Governor assessing the preparedness of the State to counteract, prevent and respond to potential acts of terrorism and related emergencies, including, but not limited to, an assessment of response plans and vulnerability assessments of utilities, public entities and private business in this State. The briefing must be based on information and documents reasonably available to the Commission and must be compiled with the advice of the Division after all utilities, public entities and private businesses assessed have a reasonable opportunity to review and comment on the Commission’s findings.

      10.  Perform any other acts related to their duties set forth in subsections 1 to 9, inclusive, that the Commission determines are necessary to protect or enhance:

      (a) The safety and security of the State of Nevada;

      (b) The safety of residents of the State of Nevada; and

      (c) The safety of visitors to the State of Nevada.

      Sec. 22.  The Nevada Office of Cyber Defense Coordination shall prepare and make available to the public the statewide strategic plan required pursuant to section 13 of this act not later than January 1, 2018.

      Sec. 23. (Deleted by amendment.)

      Sec. 24.  This act becomes effective on July 1, 2017.

________

 


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CHAPTER 308, AB 251

Assembly Bill No. 251–Assemblymen Hambrick; Cohen, Edwards, Fumo and Tolles

 

Joint Sponsor: Senator Parks

 

CHAPTER 308

 

[Approved: June 2, 2017]

 

AN ACT relating to juvenile offenders; authorizing the State Board of Pardons Commissioners to commute the sentence of a person convicted of any crime that the person committed when he or she was less than 18 years of age; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prohibits the State Board of Pardons Commissioners from commuting a sentence of death or imprisonment in the state prison for life without the possibility of parole to a sentence that would allow parole if a person is convicted of: (1) murder of the first degree before, on or after July 1, 1995; or (2) any crime other than murder of the first degree on or after July 1, 1995. (NRS 213.085) The Nevada Supreme Court has held that to the extent such existing law applies retroactively to a person convicted of murder of the first degree before July 1, 1995, such existing law is unconstitutional because it increases the measure of punishment for murder of the first degree and thereby violates the provision of the United States Constitution that prohibits the passage of ex post facto laws. (Miller v. Ignacio, 112 Nev. 930, 937 (1996); U.S. Const. Art. I, § 10)

      This bill: (1) revises existing law to conform with the holding in Miller; and (2) authorizes the Board to commute a sentence of death or imprisonment in the state prison for life without the possibility of parole to a sentence that would allow parole if a person is convicted of any crime that the person committed when he or she was less than 18 years of age.

 

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 213.085 is hereby amended to read as follows:

      213.085  1.  If a person is convicted [of murder of the first degree before,] on or after July 1, 1995, of any crime that the person committed when he or she was 18 years of age or older, the Board shall not commute:

      (a) A sentence of death; or

      (b) A sentence of imprisonment in the state prison for life without the possibility of parole,

Ê to a sentence that would allow parole.

      2.  If a person is convicted of any crime [other than murder of the first degree on or after July 1, 1995,] that the person committed when he or she was less than 18 years of age, the Board [shall not] may, in its discretion, commute:

 

 

 


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      (a) A sentence of death; or

      (b) A sentence of imprisonment in the state prison for life without the possibility of parole,

Ê to a sentence that would allow parole.

      Sec. 2.  The amendatory provisions of section 1 of this act apply to offenses committed before, on or after October 1, 2017.

________

CHAPTER 309, AB 253

Assembly Bill No. 253–Committee on Judiciary

 

CHAPTER 309

 

[Approved: June 2, 2017]

 

AN ACT relating to mental health; requiring the court to conduct a hearing as soon as practicable on an application for a writ of habeas corpus relating to a person with mental illness or who is alleged to be a person with mental illness if the application is made before the initial hearing on a petition for the involuntary court-ordered admission of the person; expanding the definition of “person with mental illness”; revising provisions governing the examination and evaluation by a physician or licensed psychologist of a person alleged to be a person with mental illness; requiring a court to transmit an order for involuntary admission to a law enforcement agency under certain circumstances; establishing a procedure for certain hospitals and mental health facilities to request a copy of a court order for involuntary admission; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill requires the court to conduct a hearing as soon as practicable on an application for a writ of habeas corpus by, or on behalf of, a person who is alleged to be a person with mental illness or who has been found to be a person with mental illness if the application is made before the initial hearing on the petition for the involuntary court-ordered admission of the person to a mental health facility or to a program of community-based or outpatient services.

      Existing law defines a person with mental illness to include a person whose capacity is diminished as a result of mental illness to the extent that the person presents a clear and present danger of harm to himself or herself. A person presents a clear and present danger of harm to himself or herself if there exists a reasonable probability that the person will harm himself or herself unless the person is admitted to a mental health facility. (NRS 433A.115) Section 1.3 of this bill revises this definition to provide that the person presents a clear and present danger of harm to himself or herself if there exists a reasonable probability that the person will harm himself or herself unless the person is required to participate in a program of community-based or outpatient services.

      Existing law requires that, after the filing of a petition to involuntarily admit a person alleged to be a person with mental illness to a mental health facility or certain other services, the court shall cause two or more physicians or licensed psychologists, one of whom must always be a physician, to examine the person. A physician or psychologist who examines the person must submit to the court a written summary of his or her findings and evaluation not later than 24 or 48 hours before the hearing on the petition, depending on the circumstances of the admission. (NRS 433A.240) Section 1.7 of this bill revises these provisions to require the physician or psychologist to submit the written summary of findings and evaluation not later than 24 hours before the hearing on the petition.

 


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Section 1.7 of this bill revises these provisions to require the physician or psychologist to submit the written summary of findings and evaluation not later than 24 hours before the hearing on the petition.

      Existing law requires that if the court issues an order involuntarily admitting a person with mental illness to a mental health facility or certain other programs of services, the court is required to transmit a record of the order to the Central Repository for Nevada Records of Criminal History. (NRS 433A.310) Section 2 of this bill requires the court to transmit a record of the order to each law enforcement agency of this State with which the court has entered into an agreement for such transmission for inclusion in certain databases.

      Existing law requires a court to seal all court records relating to the admission and mental health treatment of certain persons and establishes procedures by which certain entities may be granted an opportunity to inspect the records. (NRS 433A.715) Section 3 of this bill establishes a procedure by which a public or private hospital or a mental health facility may request and obtain a copy of a court order of involuntary admission which relates to a person alleged to be a person with mental illness who has been admitted to the hospital or facility.

 

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 433A of NRS is hereby amended by adding thereto a new section to read as follows:

      If an application for a writ of habeas corpus is made by, or on behalf of, a person with mental illness or who is alleged to be a person with mental illness before the initial hearing on a petition for the involuntary court-ordered admission of the person to a mental health facility or a program of community-based or outpatient services, the court shall conduct a hearing on the application as soon as practicable.

      Sec. 1.3. NRS 433A.115 is hereby amended to read as follows:

      433A.115  1.  As used in NRS 433A.115 to 433A.330, inclusive, and section 1 of this act, unless the context otherwise requires, “person with mental illness” means any person whose capacity to exercise self-control, judgment and discretion in the conduct of the person’s affairs and social relations or to care for his or her personal needs is diminished, as a result of a mental illness, to the extent that the person presents a clear and present danger of harm to himself or herself or others, but does not include any person in whom that capacity is diminished by epilepsy, intellectual disability, dementia, delirium, brief periods of intoxication caused by alcohol or drugs, or dependence upon or addiction to alcohol or drugs, unless a mental illness that can be diagnosed is also present which contributes to the diminished capacity of the person.

      2.  A person presents a clear and present danger of harm to himself or herself if, within the immediately preceding 30 days, the person has, as a result of a mental illness:

      (a) Acted in a manner from which it may reasonably be inferred that, without the care, supervision or continued assistance of others, the person will be unable to satisfy his or her need for nourishment, personal or medical care, shelter, self-protection or safety, and if there exists a reasonable probability that the person’s death, serious bodily injury or physical debilitation will occur within the next following 30 days unless he or she is admitted to a mental health facility or required to participate in a program of community-based or outpatient services pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and section 1 of this act, and adequate treatment is provided to the person;

 


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of community-based or outpatient services pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and section 1 of this act, and adequate treatment is provided to the person;

      (b) Attempted or threatened to commit suicide or committed acts in furtherance of a threat to commit suicide, and if there exists a reasonable probability that the person will commit suicide unless he or she is admitted to a mental health facility or required to participate in a program of community-based or outpatient services pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and section 1 of this act, and adequate treatment is provided to the person; or

      (c) Mutilated himself or herself, attempted or threatened to mutilate himself or herself or committed acts in furtherance of a threat to mutilate himself or herself, and if there exists a reasonable probability that he or she will mutilate himself or herself unless the person is admitted to a mental health facility or required to participate in a program of community-based or outpatient services pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and section 1 of this act, and adequate treatment is provided to the person.

      3.  A person presents a clear and present danger of harm to others if, within the immediately preceding 30 days, the person has, as a result of a mental illness, inflicted or attempted to inflict serious bodily harm on any other person, or made threats to inflict harm and committed acts in furtherance of those threats, and if there exists a reasonable probability that he or she will do so again unless the person is admitted to a mental health facility or required to participate in a program of community-based or outpatient services pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and section 1 of this act, and adequate treatment is provided to him or her.

      Sec. 1.7.NRS 433A.240 is hereby amended to read as follows:

      433A.240  1.  After the filing of a petition to commence proceedings for the involuntary court-ordered admission of a person pursuant to NRS 433A.200 or 433A.210, the court shall promptly cause two or more physicians or licensed psychologists, one of whom must always be a physician, to examine the person alleged to be a person with mental illness, or request an evaluation by an evaluation team from the Division of the person alleged to be a person with mental illness.

      2.  To conduct the examination of a person who is not being detained at a mental health facility or hospital under emergency admission pursuant to an application made pursuant to NRS 433A.160, the court may order a peace officer to take the person into protective custody and transport the person to a mental health facility or hospital where the person may be detained until a hearing is had upon the petition.

      3.  If the person is not being detained under an emergency admission pursuant to an application made pursuant to NRS 433A.160, the person may be allowed to remain in his or her home or other place of residence pending an ordered examination or examinations and to return to his or her home or other place of residence upon completion of the examination or examinations. The person may be accompanied by one or more of his or her relations or friends to the place of examination.

      4.  Each physician and licensed psychologist who examines a person pursuant to subsection 1 shall, in conducting such an examination, consider the least restrictive treatment appropriate for the person.

 


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      5.  [Except as otherwise provided in this subsection, each] Each physician and licensed psychologist who examines a person pursuant to subsection 1 shall, not later than [48] 24 hours before the hearing set pursuant to NRS 433A.220, submit to the court in writing a summary of his or her findings and evaluation regarding the person alleged to be a person with mental illness. [If the person alleged to be a person with mental illness is admitted under an emergency admission pursuant to an application made pursuant to NRS 433A.160, the written findings and evaluation must be submitted to the court not later than 24 hours before the hearing set pursuant to subsection 1 of NRS 433A.220.]

      Sec. 2. NRS 433A.310 is hereby amended to read as follows:

      433A.310  1.  Except as otherwise provided in NRS 432B.6076 and 432B.6077, if the district court finds, after proceedings for the involuntary court-ordered admission of a person:

      (a) That there is not clear and convincing evidence that the person with respect to whom the hearing was held has a mental illness or exhibits observable behavior such that the person is likely to harm himself or herself or others if allowed his or her liberty or if not required to participate in a program of community-based or outpatient services, the court shall enter its finding to that effect and the person must not be involuntarily admitted to a public or private mental health facility or to a program of community-based or outpatient services.

      (b) That there is clear and convincing evidence that the person with respect to whom the hearing was held has a mental illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty or if not required to participate in a program of community-based or outpatient services, the court may order the involuntary admission of the person for the most appropriate course of treatment, including, without limitation, admission to a public or private mental health facility or participation in a program of community-based or outpatient services. The order of the court must be interlocutory and must not become final if, within 30 days after the involuntary admission, the person is unconditionally released pursuant to NRS 433A.390.

      2.  A court shall not admit a person to a program of community-based or outpatient services unless:

      (a) A program of community-based or outpatient services is available in the community in which the person resides or is otherwise made available to the person;

      (b) The person is 18 years of age or older;

      (c) The person has a history of noncompliance with treatment for mental illness;

      (d) The person is capable of surviving safely in the community in which he or she resides with available supervision;

      (e) The court determines that, based on the person’s history of treatment for mental illness, the person needs to be admitted to a program of community-based or outpatient services to prevent further disability or deterioration of the person which is likely to result in harm to himself or herself or others;

      (f) The current mental status of the person or the nature of the person’s illness limits or negates his or her ability to make an informed decision to seek treatment for mental illness voluntarily or to comply with recommended treatment for mental illness;

 


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      (g) The program of community-based or outpatient services is the least restrictive treatment which is in the best interest of the person; and

      (h) The court has approved a plan of treatment developed for the person pursuant to NRS 433A.315.

      3.  Except as otherwise provided in NRS 432B.608, an involuntary admission pursuant to paragraph (b) of subsection 1 automatically expires at the end of 6 months if not terminated previously by the medical director of the public or private mental health facility as provided for in subsection 2 of NRS 433A.390 or by the professional responsible for providing or coordinating the program of community-based or outpatient services as provided for in subsection 3 of NRS 433A.390. Except as otherwise provided in NRS 432B.608, at the end of the court-ordered period of treatment, the Division, any mental health facility that is not operated by the Division or a program of community-based or outpatient services may petition to renew the involuntary admission of the person for additional periods not to exceed 6 months each. For each renewal, the petition must include evidence which meets the same standard set forth in subsection 1 that was required for the initial period of admission of the person to a public or private mental health facility or to a program of community-based or outpatient services.

      4.  Before issuing an order for involuntary admission or a renewal thereof, the court shall explore other alternative courses of treatment within the least restrictive appropriate environment, including involuntary admission to a program of community-based or outpatient services, as suggested by the evaluation team who evaluated the person, or other persons professionally qualified in the field of psychiatric mental health, which the court believes may be in the best interests of the person.

      5.  If the court issues an order involuntarily admitting a person to a public or private mental health facility or to a program of community-based or outpatient services pursuant to this section, the court shall, notwithstanding the provisions of NRS 433A.715, cause, within 5 business days after the order becomes final pursuant to this section, on a form prescribed by the Department of Public Safety, a record of the order to be transmitted to [the] :

      (a) The Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System [.] ; and

      (b) Each law enforcement agency of this State with which the court has entered into an agreement for such transmission, along with a statement indicating that the record is being transmitted for inclusion in each of this State’s appropriate databases of information relating to crimes.

      6.  As used in this section, “National Instant Criminal Background Check System” has the meaning ascribed to it in NRS 179A.062.

      Sec. 3. NRS 433A.715 is hereby amended to read as follows:

      433A.715  1.  A court shall seal all court records relating to the admission and treatment of any person who was admitted, voluntarily or as the result of a noncriminal proceeding, to a public or private hospital, a mental health facility or a program of community-based or outpatient services in this State for the purpose of obtaining mental health treatment.

      2.  Except as otherwise provided in subsections 4 [and 5,] , 5 and 6, a person or governmental entity that wishes to inspect records that are sealed pursuant to this section must file a petition with the court that sealed the records.

 


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ê2017 Statutes of Nevada, Page 1648 (Chapter 309, AB 253)ê

 

pursuant to this section must file a petition with the court that sealed the records. Upon the filing of a petition, the court shall fix a time for a hearing on the matter. The petitioner must provide notice of the hearing and a copy of the petition to the person who is the subject of the records. If the person who is the subject of the records wishes to oppose the petition, the person must appear before the court at the hearing. If the person appears before the court at the hearing, the court must provide the person an opportunity to be heard on the matter.

      3.  After the hearing described in subsection 2, the court may order the inspection of records that are sealed pursuant to this section if:

      (a) A law enforcement agency must obtain or maintain information concerning persons who have been admitted to a public or private hospital, a mental health facility or a program of community-based or outpatient services in this State pursuant to state or federal law;

      (b) A prosecuting attorney or an attorney who is representing the person who is the subject of the records in a criminal action requests to inspect the records; or

      (c) The person who is the subject of the records petitions the court to permit the inspection of the records by a person named in the petition.

      4.  A governmental entity is entitled to inspect court records that are sealed pursuant to this section without following the procedure described in subsection 2 if:

      (a) The governmental entity has made a conditional offer of employment to the person who is the subject of the records;

      (b) The position of employment conditionally offered to the person concerns public safety, including, without limitation, employment as a firefighter or peace officer;

      (c) The governmental entity is required by law, rule, regulation or policy to obtain the mental health records of each individual conditionally offered the position of employment; and

      (d) An authorized representative of the governmental entity presents to the court a written authorization signed by the person who is the subject of the records and notarized by a notary public or judicial officer in which the person who is the subject of the records consents to the inspection of the records.

      5.  Upon the request of a public or private hospital or a mental health facility to which a person has been admitted in this State, the court shall:

      (a) Authorize the release of a copy of any order which was entered by the court pursuant to paragraph (b) of subsection 1 of NRS 433A.310 if:

             (1) The request is in writing and includes the name and date of birth of the person who is the subject of the requested order; and

             (2) The hospital or facility certifies that:

                   (I) The person who is the subject of the requested order is, at the time of the request, admitted to the hospital or facility and is being treated for an alleged mental illness; and

                   (II) The requested order is necessary to improve the care which is being provided to the person who is the subject of the order.

      (b) Place the request in the record under seal.

      6.  Upon its own order, any court of this State may inspect court records that are sealed pursuant to this section without following the procedure described in subsection 2 if the records are necessary and relevant for the disposition of a matter pending before the court.

 


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disposition of a matter pending before the court. The court may allow a party in the matter to inspect the records without following the procedure described in subsection 2 if the court deems such inspection necessary and appropriate.

      [6.]7.  Following the sealing of records pursuant to this section, the admission of the person who is the subject of the records to the public or private hospital, mental health facility or program of community-based or outpatient services, is deemed never to have occurred, and the person may answer accordingly any question related to its occurrence, except in connection with:

      (a) An application for a permit to carry a concealed firearm pursuant to the provisions of NRS 202.3653 to 202.369, inclusive;

      (b) A transfer of a firearm; or

      (c) An application for a position of employment described in subsection 4.

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

      (a) “Firefighter” means a person who is a salaried employee of a fire-fighting agency and whose principal duties are to control, extinguish, prevent and suppress fires. As used in this paragraph, “fire-fighting agency” means a public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to control, extinguish, prevent and suppress fires.

      (b) “Peace officer” has the meaning ascribed to it in NRS 289.010.

      (c) “Seal” means placing records in a separate file or other repository not accessible to the general public.

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

________

CHAPTER 310, AB 260

Assembly Bill No. 260–Assemblymen Tolles, Oscarson; Benitez-Thompson, Hambrick, Krasner, Miller, Pickard, Wheeler, Woodbury and Yeager

 

Joint Sponsors: Senators Gansert, Cannizzaro, Harris and Hardy

 

CHAPTER 310

 

[Approved: June 2, 2017]

 

AN ACT relating to crimes; authorizing justice courts and municipal courts to suspend the sentence of certain persons convicted of solicitation for prostitution upon the condition that the person complete a program for treatment of persons convicted of solicitation for prostitution; revising provisions and penalties for certain acts relating to prostitution; enacting various provisions pertaining to the program of treatment; providing for the sealing of certain records related to the solicitation of prostitution; providing penalties; and providing other matters properly relating thereto.

 


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Legislative Counsel’s Digest:

      Existing law provides that a person who engages in solicitation for prostitution, or offers or agrees to engage in prostitution, for the first offense, is guilty of a misdemeanor. (NRS 201.354, 207.030) Section 4 of this bill provides that a prostitute who engages in prostitution or solicitation for prostitution under certain circumstances is guilty of a misdemeanor. Section 4 also provides that a customer who is found guilty of engaging in prostitution or soliciting prostitution for a: (1) first offense, is guilty of a misdemeanor and a mandatory fine of not less than $400; (2) second offense, is guilty of a gross misdemeanor and a mandatory fine of not less than $800; and (3) third and subsequent offense, is guilty of a gross misdemeanor and a mandatory fine of not less than $1,300. Section 4 additionally requires the court to impose a civil penalty on a customer who is found guilty of such an offense, and provides that the civil penalties collected be used only for: (1) enforcing certain crimes relating to solicitation for prostitution; and (2) programs of treatment for persons who solicit prostitution which are certified by the Division of Public and Behavioral Health of the Department of Health and Human Services. Section 4 authorizes a court to suspend further proceedings of certain eligible defendants, without entering a judgment of conviction, and to place the defendant on probation with terms and conditions that include successful completion of the program of treatment. Section 4 additionally requires a court, under certain circumstances, to seal documents relating to a case involving a defendant who was assigned to a program of treatment for persons who solicit prostitution after the defendant is discharged.

      Existing law authorizes a justice of the peace or municipal judge to suspend the sentence of a person convicted of a misdemeanor that constitutes domestic violence upon the conditions that the person participate in certain programs for treatment and comply with any other condition ordered by the justice of the peace or municipal judge. (NRS 4.373, 5.055) Sections 2 and 3 of this bill similarly authorize a justice of the peace or municipal judge to suspend the sentence of a person who is convicted of a misdemeanor that constitutes solicitation for prostitution on the condition that the person actively participates in a program for the treatment of persons who solicit prostitution and comply with any other conditions ordered by the justice of the peace or municipal judge.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 2. NRS 4.373 is hereby amended to read as follows:

      4.373  1.  Except as otherwise provided in [subsection 2,] subsections 2 and 3, NRS 211A.127 or another specific statute, or unless the suspension of a sentence is expressly forbidden, a justice of the peace may suspend, for not more than 2 years, the sentence of a person convicted of a misdemeanor. If the circumstances warrant, the justice of the peace may order as a condition of suspension that the offender:

      (a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;

      (b) Engage in a program of community service, for not more than 200 hours;

      (c) Actively participate in a program of professional counseling at the expense of the offender;

      (d) Abstain from the use of alcohol and controlled substances;

      (e) Refrain from engaging in any criminal activity;

 


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      (f) Engage or refrain from engaging in any other conduct deemed appropriate by the justice of the peace;

      (g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and

      (h) Submit to periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.

      2.  If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the justice of the peace may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:

      (a) A program of treatment for the abuse of alcohol or drugs which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services;

      (b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470; or

      (c) The programs set forth in paragraphs (a) and (b),

Ê and that the person comply with any other condition of suspension ordered by the justice of the peace.

      3.  Except as otherwise provided in this subsection, if a person is convicted of a misdemeanor that constitutes solicitation for prostitution pursuant to NRS 201.354 or paragraph (b) of subsection 1 of NRS 207.030, the justice of the peace may suspend the sentence for not more than 2 years upon the condition that the person:

      (a) Actively participate in a program for the treatment of persons who solicit prostitution which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services; and

      (b) Comply with any other condition of suspension ordered by the justice of the peace.

Ê The justice of the peace may not suspend the sentence of a person pursuant to this subsection if the person has previously participated in a program for the treatment of persons who solicit prostitution which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.

      4.  The justice of the peace may order reports from a person whose sentence is suspended at such times as the justice of the peace deems appropriate concerning the compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.

      [4.]5.  The justice of the peace may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.

      Sec. 3. NRS 5.055 is hereby amended to read as follows:

      5.055  1.  Except as otherwise provided in [subsection 2,] subsections 2 and 3, NRS 211A.127 or another specific statute, or unless the suspension of a sentence is expressly forbidden, a municipal judge may suspend, for not more than 2 years, the sentence of a person convicted of a misdemeanor. If the circumstances warrant, the municipal judge may order as a condition of suspension that the offender:

 


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      (a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;

      (b) Engage in a program of community service, for not more than 200 hours;

      (c) Actively participate in a program of professional counseling at the expense of the offender;

      (d) Abstain from the use of alcohol and controlled substances;

      (e) Refrain from engaging in any criminal activity;

      (f) Engage or refrain from engaging in any other conduct deemed appropriate by the municipal judge;

      (g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and

      (h) Submit to periodic tests to determine whether the offender is using any controlled substance or alcohol.

      2.  If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the municipal judge may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:

      (a) A program of treatment for the abuse of alcohol or drugs which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services;

      (b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470; or

      (c) The programs set forth in paragraphs (a) and (b),

Ê and that the person comply with any other condition of suspension ordered by the municipal judge.

      3.  Except as otherwise provided in this subsection, if a person is convicted of a misdemeanor that constitutes solicitation for prostitution pursuant to NRS 201.354 or paragraph (b) of subsection 1 of NRS 207.030, the municipal judge may suspend the sentence for not more than 2 years upon the condition that the person:

      (a) Actively participate in a program for the treatment of persons who solicit prostitution which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services; and

      (b) Comply with any other condition of suspension ordered by the municipal judge.

Ê The municipal judge may not suspend the sentence of a person pursuant to this subsection if the person has previously participated in a program for the treatment of persons who solicit prostitution which is certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.

      4.  The municipal judge may order reports from a person whose sentence is suspended at such times as the municipal judge deems appropriate concerning the compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the municipal judge, the sentence may be reduced to not less than the minimum period of confinement established for the offense.

 


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      [4.]5.  The municipal judge may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.

      Sec. 3.2. 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, 201.354, 453.3365 and 458.330, 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;

      (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.

 


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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.

      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.

 


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             (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.

             (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. 3.4. 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, 201.354, 453.3365 or 458.330, 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. 3.6. 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, 201.354, 453.3365 or 458.330:

      (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:

 


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      (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.

      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. 3.8. 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, 201.354, 453.3365 or 458.330 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, 201.354, 453.3365 or 458.330 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. 4. NRS 201.354 is hereby amended to read as follows:

      201.354  1.  It is unlawful for any person to engage in prostitution or solicitation therefor, except in a licensed house of prostitution.

      2.  [Except as otherwise provided in subsection 3, a person] A prostitute who violates subsection 1 is guilty of a misdemeanor.

      3.  Except as otherwise provided in subsection 5, a customer who violates subsection 1:

      (a) For a first offense, is guilty of a misdemeanor and shall be punished as provided in NRS 193.150, and by a fine of not less than $400.

 


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      (b) For a second offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140, and by a fine of not less than $800.

      (c) For a third or subsequent offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140, and by a fine of not less than $1,300.

      4.  In addition to any other penalty imposed, the court shall order a person who violates subsection 3 to pay a civil penalty of not less than $200 per offense. The civil penalty must be paid to the district attorney or city attorney of the jurisdiction in which the violation occurred. If the civil penalty imposed pursuant to this subsection:

      (a) Is not within the person’s present ability to pay, in lieu of paying the penalty, the court may allow the person to perform community service for a reasonable number of hours, the value of which would be commensurate with the civil penalty.

      (b) Is not entirely within the person’s present ability to pay, in lieu of paying the entire civil penalty, the court may allow the person to perform community service for a reasonable number of hours, the value of which would be commensurate with the amount of the reduction of the civil penalty.

      5.  A [person] customer who violates subsection 1 by soliciting a child for prostitution:

      (a) For a first offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130, and by a fine of not more than $5,000.

      (b) For a second offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      (c) For a third or subsequent offense, is guilty of a category C felony and shall be punished as provided in NRS 193.130. The court shall not grant probation to or suspend the sentence of a person punished pursuant to this paragraph.

      6.  Any civil penalty collected by a district attorney or city attorney pursuant to subsection 4 must be deposited in the county or city treasury, as applicable, to be used for:

      (a) The enforcement of this section; and

      (b) Programs of treatment for persons who solicit prostitution which are certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.

Ê Not less than 50 percent of the money deposited in the county or city treasury, as applicable, pursuant to this subsection must be used for the enforcement of this section.

      7.  If a person who violates subsection 1 is ordered pursuant to NRS 4.373 or 5.055 to participate in a program for the treatment of persons who solicit prostitution, upon fulfillment of the terms and conditions of the program, the court may discharge the person and dismiss the proceedings against the person. If the court discharges the person and dismisses the proceedings against the person, a nonpublic record of the discharge and dismissal must be transmitted to and retained by the Division of Parole and Probation of the Department of Public Safety solely for the use of the courts in determining whether, in later proceedings, the person qualifies under this section for participation in a program of treatment for persons who solicit prostitution.

 


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who solicit prostitution. Except as otherwise provided in this subsection, discharge and dismissal under this subsection is without adjudication of guilt and is not a conviction for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for a second or subsequent conviction or the setting of bail. Discharge and dismissal restores the person discharged, in the contemplation of the law, to the status occupied before the proceedings. The person may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge the proceedings in response to an inquiry made of the person for any purpose. Discharge and dismissal under this subsection may occur only once with respect to any person. A professional licensing board may consider a proceeding under this subsection in determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any such proceeding with respect to the applicant or licensee.

      8.  Except as limited by subsection 9, if a person is discharged and the proceedings against the person are dismissed pursuant to subsection 7, the court shall, without a hearing, order sealed all documents, papers and exhibits in that 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. The court shall cause a copy of the order to be sent to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.

      9.  A professional licensing board is entitled, for the purpose of determining suitability for a license or liability to discipline for misconduct, to inspect and to copy from a record sealed pursuant to this section.

      Sec. 5. (Deleted by amendment.)

________

 

 

 

 

 


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CHAPTER 311, AB 314

Assembly Bill No. 314–Committee on Judiciary

 

CHAPTER 311

 

[Approved: June 2, 2017]

 

AN ACT relating to estates; revising provisions relating to property exempt from a writ of execution; revising provisions relating to nonprobate transfers of property; establishing provisions relating to community property or separate property transferred into an irrevocable trust; revising certain definitions applicable to the administration of an estate; revising provisions relating to the revival of a will and the proving of a will as lost or destroyed; revising provisions concerning contests of wills; authorizing the extension of the period during which an agreement between an heir finder and apparent heir is void and unenforceable; revising provisions concerning special administrators and personal representatives; revising provisions relating to the filing of an inventory and appraisement or record of value of the assets of a decedent; revising provisions governing the presentation of claims against and the sale of real property of an estate; revising provisions relating to the period within which certain actions are performed; authorizing notice to be served by certified mail; revising provisions concerning fiduciaries; revising various provisions governing trusts and trustees; authorizing a person to provide for the burial or cremation of his or her remains in a will or durable power of attorney; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that money not exceeding $500,000 and nonexempt personal property not exceeding $1,000 in value that is held in a certain manner is exempt from a writ of execution. (NRS 21.090) Section 1 of this bill increases the amount of money to $1,000,000, revises provisions relating to the manner in which such money is held and increases the amount of nonexempt personal property to $10,000.

      Existing law establishes provisions relating to nonprobate transfers of property. (NRS 111.700-111.815) Section 2 of this bill revises the definition of the term “nonprobate transfer” to exclude certain property, and section 3 of this bill revises provisions relating to: (1) the procedure to proceed against a nonprobate transferee if there are insufficient assets in the estate to pay a valid creditor; and (2) the property against which a creditor does not have a claim to include certain property transferred pursuant to a beneficiary designation by a decedent.

      Section 4 of this bill authorizes a trust instrument to provide that community property or separate property transferred into an irrevocable trust of which both spouses are current permissible beneficiaries remains community property or separate property, as applicable, during the marriage, and section 5 of this bill specifies that in granting a divorce, a court is required to make an equal distribution of community property transferred into such an irrevocable trust to the extent practicable.

      Sections 6 and 7 of this bill revise the definitions of the terms “expenses of administration” and “fiduciary,” respectively, for the purposes of the administration of an estate.

 

 


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      Section 8 of this bill revises provisions relating to the revival of a first will after the destruction, cancellation or revocation of a second will, and section 9 of this bill revises provisions relating to the proving of a will as a lost or destroyed will.

      Sections 10 and 41 of this bill revise: (1) provisions relating to no-contest clauses in a will or trust, respectively; and (2) the circumstances under which the share of a devisee or beneficiary, respectively, must not be reduced or eliminated. Section 11 of this bill revises provisions relating to the issuance of a citation after a petition is filed that contests the admission of a will to probate or the validity of such a will.

      Section 12 of this bill authorizes a court to extend the period during which an agreement between an heir finder and apparent heir is void and unenforceable.

      Section 13 of this bill revises provisions relating to the appointment of a special administrator for the estate of a decedent. Sections 14 and 15 of this bill revise provisions relating to the giving of a bond by a special administrator or personal representative, respectively.

      Existing law establishes provisions governing the administration of estates by personal representatives. (NRS 143.010-143.210) Sections 16-19 of this bill revise various provisions governing personal representatives. Section 20 of this bill revises provisions relating to the issuance of a temporary order to restrain a personal representative from performing certain actions and the setting of a hearing on the matter.

      Existing law establishes provisions relating to the filing by a personal representative of an inventory and appraisement or record of value of all the estate of the decedent that has come to the possession or knowledge of the personal representative. (Chapter 144 of NRS) Section 21 of this bill extends the time within which a personal representative is required to file such documents and authorizes the filing of a redacted inventory in certain circumstances, and section 22 of this bill authorizes the personal representative to file a verified record of value in lieu of the appraisement in certain circumstances. Section 23 of this bill revises provisions relating to the satisfaction of the fees and costs incurred by a person seeking to enforce the filing of an inventory.

      Existing law establishes provisions governing the presentation of claims against the estate of a decedent. (NRS 147.010-147.190) Section 24 of this bill authorizes any creditor of a decedent to petition the court for a determination of the validity of a rejected claim in lieu of bringing suit against the personal representative. Section 25 of this bill authorizes the holder of any lien against the property of an estate to bring an action enforcing the lien against the property in certain circumstances.

      Existing law establishes provisions governing the sale of real property of an estate. (NRS 148.220-148.320) Sections 26-28 of this bill revise provisions relating to such a sale.

      Sections 29-33 of this bill revise provisions relating to a court’s jurisdiction over and trustees of a testamentary trust.

      Section 34 of this bill provides that the specified period within which an act authorized or required to be performed pursuant to the provisions of law concerning notices, transfers, orders, procedure and appeals relating to the wills and estates of deceased persons may be extended in certain circumstances or the court may authorize a person to perform the act after the specified period expires if the failure to perform the action was the result of excusable neglect. Section 35 of this bill authorizes notice to any person in the matter of an estate or testamentary trust to be served by certified mail.

      Existing law establishes miscellaneous provisions relating to fiduciaries. (NRS 162.260-162.310) Section 36 of this bill authorizes a fiduciary to withhold from the beneficiaries of an estate or trust any property that the fiduciary determines may be subject to claims of offset held by the fiduciary in his or her fiduciary capacity, and section 37 of this bill authorizes a fiduciary to establish a trust for certain purposes.

 


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      Existing law establishes various provisions governing trusts. (Chapter 163 of NRS) Section 39 of this bill authorizes a trust to be created for a noncharitable purpose without a definite ascertainable beneficiary or for a noncharitable but otherwise valid purpose. Under section 39, the noncharitable purpose must be stated with sufficient particularity in the trust instrument to enable a finder of fact to ascertain the noncharitable purpose for which the trust was created. Section 40 of this bill establishes provisions relating to the effect of the divorce, annulment of the marriage or termination of the domestic partnership of the descendant of a settlor on the former spouse or domestic partner of the descendant. Sections 42-44 of this bill revise provisions relating to the creation of a trust.

      Section 46 of this bill authorizes a court to enter a temporary order restraining a trustee from performing specified acts in certain circumstances, and section 47 of this bill provides that a trustee is entitled to be exonerated or reimbursed for a tort committed in the administration of a trust in certain circumstances. Section 49 of this bill revises provisions relating to the power of a trustee to appoint property of one trust to a second trust. Section 50 of this bill establishes the circumstances in which a trustee is authorized to include capital gains from the sale or exchange of capital assets in distributable net income for purposes of taxation. Section 53 of this bill requires a trustee to provide a list of the assets of the trust estate to an interested person upon a written request in certain circumstances.

      Sections 51 and 52 of this bill revise provisions governing jurisdiction over a trust.

      Section 54 of this bill authorizes a person who is 18 years of age or older and who wishes to authorize another person to order the burial or cremation of his or her human remains in the event of his or her death to do so by including such an authorization in a validly executed will or durable power of attorney.

 

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 21.090 is hereby amended to read as follows:

      21.090  1.  The following property is exempt from execution, except as otherwise specifically provided in this section or required by federal law:

      (a) Private libraries, works of art, musical instruments and jewelry not to exceed $5,000 in value, belonging to the judgment debtor or a dependent of the judgment debtor, to be selected by the judgment debtor, and all family pictures and keepsakes.

      (b) Necessary household goods, furnishings, electronics, wearing apparel, other personal effects and yard equipment, not to exceed $12,000 in value, belonging to the judgment debtor or a dependent of the judgment debtor, to be selected by the judgment debtor.

      (c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by the judgment debtor.

      (d) Professional libraries, equipment, supplies, and the tools, inventory, instruments and materials used to carry on the trade or business of the judgment debtor for the support of the judgment debtor and his or her family not to exceed $10,000 in value.

      (e) The cabin or dwelling of a miner or prospector, the miner’s or prospector’s cars, implements and appliances necessary for carrying on any mining operations and the mining claim actually worked by the miner or prospector, not exceeding $4,500 in total value.

 


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      (f) Except as otherwise provided in paragraph (p), one vehicle if the judgment debtor’s equity does not exceed $15,000 or the creditor is paid an amount equal to any excess above that equity.

      (g) For any workweek, 75 percent of the disposable earnings of a judgment debtor during that week, or 50 times the minimum hourly wage prescribed by section [6(a)(1)] 206(a)(1) of the federal Fair Labor Standards Act of 1938, 29 U.S.C. § 206(a)(1), and in effect at the time the earnings are payable, whichever is greater. Except as otherwise provided in paragraphs (o), (s) and (t), the exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph:

             (1) “Disposable earnings” means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law to be withheld.

             (2) “Earnings” means compensation paid or payable for personal services performed by a judgment debtor in the regular course of business, including, without limitation, compensation designated as income, wages, tips, a salary, a commission or a bonus. The term includes compensation received by a judgment debtor that is in the possession of the judgment debtor, compensation held in accounts maintained in a bank or any other financial institution or, in the case of a receivable, compensation that is due the judgment debtor.

      (h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this State.

      (i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.

      (j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this State, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this State and all lots, buildings and other school property owned by a school district and devoted to public school purposes.

      (k) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance.

      (l) The homestead as provided for by law, including a homestead for which allodial title has been established and not relinquished and for which a waiver executed pursuant to NRS 115.010 is not applicable.

      (m) The dwelling of the judgment debtor occupied as a home for himself or herself and family, where the amount of equity held by the judgment debtor in the home does not exceed $550,000 in value and the dwelling is situated upon lands not owned by the judgment debtor.

      (n) All money reasonably deposited with a landlord by the judgment debtor to secure an agreement to rent or lease a dwelling that is used by the judgment debtor as his or her primary residence, except that such money is not exempt with respect to a landlord or the landlord’s successor in interest who seeks to enforce the terms of the agreement to rent or lease the dwelling.

 


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money is not exempt with respect to a landlord or the landlord’s successor in interest who seeks to enforce the terms of the agreement to rent or lease the dwelling.

      (o) All property in this State of the judgment debtor where the judgment is in favor of any state for failure to pay that state’s income tax on benefits received from a pension or other retirement plan.

      (p) Any vehicle owned by the judgment debtor for use by the judgment debtor or the judgment debtor’s dependent that is equipped or modified to provide mobility for a person with a permanent disability.

      (q) Any prosthesis or equipment prescribed by a physician or dentist for the judgment debtor or a dependent of the debtor.

      (r) Money, not to exceed [$500,000] $1,000,000 in present value, held in:

             (1) An individual retirement arrangement which conforms with or is maintained pursuant to the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A [;] , including, without limitation, an inherited individual retirement arrangement;

             (2) A written simplified employee pension plan which conforms with or is maintained pursuant to the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408 [;] , including, without limitation, an inherited simplified employee pension plan;

             (3) A cash or deferred arrangement plan which is [a] qualified [plan] and maintained pursuant to the Internal Revenue Code [;] , including, without limitation, an inherited cash or deferred arrangement plan;

             (4) A trust forming part of a stock bonus, pension or profit-sharing plan which is [a] qualified [plan] and maintained pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and

             (5) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.

      (s) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.

      (t) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.

      (u) Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.

      (v) Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

 


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      (w) Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      (x) Payments received as restitution for a criminal act.

      (y) Payments received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors’ benefits, supplemental security income benefits and disability insurance benefits.

      (z) Any personal property not otherwise exempt from execution pursuant to this subsection belonging to the judgment debtor, including, without limitation, the judgment debtor’s equity in any property, money, stocks, bonds or other funds on deposit with a financial institution, not to exceed [$1,000] $10,000 in total value, to be selected by the judgment debtor.

      (aa) Any tax refund received by the judgment debtor that is derived from the earned income credit described in section 32 of the Internal Revenue Code, 26 U.S.C. § 32, or a similar credit provided pursuant to a state law.

      (bb) Stock of a corporation described in subsection 2 of NRS 78.746 except as set forth in that section.

      (cc) Regardless of whether a trust contains a spendthrift provision:

             (1) A distribution interest in the trust as defined in NRS 163.4155 that is a contingent interest, if the contingency has not been satisfied or removed;

             (2) A distribution interest in the trust as defined in NRS 163.4155 that is a discretionary interest as described in NRS 163.4185, if the interest has not been distributed;

             (3) A power of appointment in the trust as defined in NRS 163.4157 regardless of whether the power has been exercised;

             (4) A power listed in NRS 163.5553 that is held by a trust protector as defined in NRS 163.5547 or any other person regardless of whether the power has been exercised; and

             (5) A reserved power in the trust as defined in NRS 163.4165 regardless of whether the power has been exercised.

      (dd) If a trust contains a spendthrift provision:

             (1) A distribution interest in the trust as defined in NRS 163.4155 that is a mandatory interest as described in NRS 163.4185, if the interest has not been distributed; and

             (2) Notwithstanding a beneficiary’s right to enforce a support interest, a distribution interest in the trust as defined in NRS 163.4155 that is a support interest as described in NRS 163.4185, if the interest has not been distributed.

      (ee) Proceeds received from a private disability insurance plan.

      (ff) Money in a trust fund for funeral or burial services pursuant to NRS 689.700.

      (gg) Compensation that was payable or paid pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS as provided in NRS 616C.205.

      (hh) Unemployment compensation benefits received pursuant to NRS 612.710.

      (ii) Benefits or refunds payable or paid from the Public Employees’ Retirement System pursuant to NRS 286.670.

      (jj) Money paid or rights existing for vocational rehabilitation pursuant to NRS 615.270.

 


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      (kk) Public assistance provided through the Department of Health and Human Services pursuant to NRS 422.291 and 422A.325.

      (ll) Child welfare assistance provided pursuant to NRS 432.036.

      2.  Except as otherwise provided in NRS 115.010, no article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.

      3.  Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978, 11 U.S.C. § 522(d), do not apply to property owned by a resident of this State unless conferred also by subsection 1, as limited by subsection 2.

      Sec. 2. NRS 111.721 is hereby amended to read as follows:

      111.721  1.  “Nonprobate transfer” means a transfer of any property or interest in property from a decedent to one or more other persons by operation of law or by contract that is effective upon the death of the decedent and includes, without limitation:

      (a) A transfer by right of survivorship, including a transfer pursuant to subsection 1 of NRS 115.060;

      (b) A transfer by deed upon death pursuant to NRS 111.655 to 111.699, inclusive; and

      (c) A security registered as transferable on the death of a person.

      2.  The term does not include:

      (a) Property that is subject to administration in probate of the estate of the decedent;

      (b) Property that is set aside, without administration, pursuant to NRS 146.070; [and]

      (c) Property transferred pursuant to an affidavit as authorized by NRS 146.080 [.] ; and

      (d) Property transferred from an estate or a trust pursuant to a power of appointment granted under a will or trust, as applicable.

      Sec. 3. NRS 111.779 is hereby amended to read as follows:

      111.779  1.  Except as otherwise provided in NRS 21.090 and other applicable law, a transferee of a nonprobate transfer is liable to the probate estate of the decedent for allowed claims against that decedent’s probate estate to the extent the estate is insufficient to satisfy those claims.

      2.  The liability of a nonprobate transferee may not exceed the value of nonprobate transfers received or controlled by that transferee.

      3.  Nonprobate transferees are liable for the insufficiency described in subsection 1 in the following order of priority:

      (a) A transferee specified in the decedent’s will or any other governing instrument as being liable for such an insufficiency, in the order of priority provided in the will or other governing instrument;

      (b) The trustee of a trust serving as the principal nonprobate instrument in the decedent’s estate plan as shown by its designation as devisee of the decedent’s residuary estate or by other facts or circumstances, to the extent of the value of the nonprobate transfer received or controlled; and

      (c) Other nonprobate transferees, in proportion to the values received.

      4.  Unless otherwise provided by the trust instrument, interests of beneficiaries in all trusts incurring liabilities under this section abate as necessary to satisfy the liability, as if all the trust instruments were a single will and the interests were devises under it.

 


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      5.  If a nonprobate transferee is a spouse or a minor child, the nonprobate transferee may petition the court to be excluded from the liability imposed by this section as if the nonprobate property received by the spouse or minor child were part of the decedent’s estate. Such a petition may be made pursuant to the applicable provisions of chapter 146 of NRS, including, without limitation, the provisions of NRS 146.010, NRS 146.020 without regard to the filing of an inventory and subsection 2 of NRS 146.070.

      6.  A provision made in one instrument may direct the apportionment of the liability among the nonprobate transferees taking under that or any other governing instrument. If a provision in one instrument conflicts with a provision in another, the later one prevails.

      7.  Upon due notice to a nonprobate transferee, the liability imposed by this section is enforceable in probate proceedings in this State, whether or not the transferee is located in this State.

      8.  If a probate proceeding is pending [,] at the time of filing and it has been determined by a final order issued by the probate court that there are insufficient assets to pay a valid creditor, a proceeding under this section may be commenced by one of the following persons:

      (a) The personal representative of the decedent’s estate . [or, if the personal representative declines to do so, by a] A personal representative who declines in good faith to commence a proceeding incurs no personal liability for declining.

      (b) A creditor [in the name] of the [decedent’s] estate, if the personal representative has declined or refused to commence an action within 30 days after receiving a written demand by a creditor. Such demand must identify the nonprobate transfers known to the creditor. If the creditor is unaware of any nonprobate transfers, in the probate proceeding, the creditor may, pursuant to NRS 155.170, obtain discovery, perpetuate testimony or conduct examinations in any manner authorized by law or by the Nevada Rules of Civil Procedure to ascertain whether any nonprobate transfers exist. If the creditor is unable to identify any nonprobate transfers within a reasonable time after conducting discovery, the creditor may not proceed under this section. If a creditor commences an action under this section:

             (1) The creditor must proceed at the expense of the creditor and not of the estate.

             (2) If a creditor successfully establishes an entitlement to payment under this section [,] and collects nonprobate transfers, the court must order the reimbursement of the costs reasonably incurred by the creditor, including attorney’s fees, from the transferee from whom the payment is to be made, subject to the limitations of subsection 2, or from the estate as a cost of administration, or partially from each, as the court deems just. [A personal representative who declines in good faith to commence a requested proceeding incurs no personal liability for declining.]

      9.  If a probate proceeding is not pending, a proceeding under this section may be commenced as a civil action by a creditor at the expense of the creditor.

      10.  If a proceeding is commenced pursuant to this section, it must be commenced:

 


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      (a) [As to a creditor whose claim was allowed after proceedings challenging disallowance of the claim by the personal representative,] If a probate proceeding is pending in which notice to creditors has been given at the time of filing a proceeding under this section:

             (1) As to a creditor whose claim was properly and timely filed, allowed by the personal representative or partially allowed by the personal representative, and accepted by the creditor pursuant to NRS 147.160, within 60 days after the probate court enters an order confirming the amount of payment of the approved claim that is final and no longer subject to reconsideration or appeal or within 1 year after the decedent’s death, whichever is later.

             (2) As to a creditor:

                   (I) Whose claim was rejected by the personal representative, partially allowed by the personal representative and rejected by the creditor pursuant to NRS 147.160, or deemed rejected by the personal representative pursuant to NRS 147.110;

                   (II) Who adjudicated the creditor’s claims in the proper court or by a summary adjudication; and

                   (III) Who obtained a favorable final judgment on its claim from the proper court,

Ê within 60 days after the probate court enters an order confirming the amount of payment of the approved claim that is final and no longer subject to reconsideration or appeal or within 1 year after the decedent’s death, whichever is later.

      (b) If an action had been commenced against the decedent before the decedent’s death, the creditor receives a judgment against the decedent’s estate and the creditor has filed a proper and timely creditor’s claim against the estate, within 60 days after [final allowance of the claim by] the probate court enters an order confirming the amount of payment of the adjudicated claim that is final and no longer subject to reconsideration or appeal or within 1 year after the decedent’s death, whichever is later.

      [(b) As to a creditor whose claim against the decedent is being adjudicated in a separate proceeding that is still pending 1 year after the decedent’s death, within 60 days after the adjudication of the claim in favor of the creditor is final and no longer subject to reconsideration or appeal.]

      (c) As to the recovery of benefits paid for Medicaid, within 3 years after the decedent’s death.

      (d) As to all other creditors, within 1 year after the decedent’s death.

      11.  Unless a written notice asserting that a decedent’s probate estate is nonexistent or insufficient to pay allowed claims and statutory allowances has been received from the decedent’s personal representative, the following rules apply:

      (a) Payment or delivery of assets by a financial institution, registrar or other obligor to a nonprobate transferee in accordance with the terms of the governing instrument controlling the transfer releases the obligor from all claims for amounts paid or assets delivered.

      (b) A trustee receiving or controlling a nonprobate transfer is released from liability under this section with respect to any assets distributed to the trust’s beneficiaries. Each beneficiary to the extent of the distribution received becomes liable for the amount of the trustee’s liability attributable to assets received by the beneficiary.

 


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      12.  [Notwithstanding] Except as otherwise provided in subsection 13, notwithstanding any provision of this section to the contrary:

      (a) A creditor has no claim against [property] :

             (1) Property transferred pursuant to a power of appointment exercised by a decedent unless it was exercisable in favor of the decedent or the decedent’s estate.

             (2) Property transferred pursuant to a beneficiary designation by a decedent which transfers money held by any of the following:

                   (I) An individual retirement arrangement which conforms with or is maintained pursuant to the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A, including, without limitation, an inherited individual retirement arrangement;

                   (II) A written simplified employee pension plan which conforms with or is maintained pursuant to the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408, including, without limitation, an inherited simplified employee pension plan;

                   (III) A cash or deferred arrangement plan which is qualified and maintained pursuant to the Internal Revenue Code, including, without limitation, an inherited cash or deferred arrangement plan;

                   (IV) A trust forming part of a stock bonus, pension or profit-sharing plan which is qualified and maintained pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and

                   (V) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.

             (3) Property transferred pursuant to a beneficiary designation by a decedent which transfers money, benefits or privileges that accrue in any manner out of life insurance.

             (4) Proceeds of any wages of the decedent which were exempt from execution during the decedent’s lifetime pursuant to paragraph (g) of subsection 1 of NRS 21.090.

             (5) A trust, a beneficial interest of the decedent under a trust or amount payable from a trust if the trust was created by someone other than the decedent, except to enforce a valid assignment of the decedent’s beneficial interest under a trust that is not a spendthrift trust.

             (6) An irrevocable trust or amounts payable from a trust if the trust was properly created as a valid spendthrift trust under chapter 166 of NRS, except with respect to property transferred to the trust by the decedent to the extent permitted under subsections 1, 2 and 3 of NRS 166.170.

      (b) A purchaser for value of property or a lender who acquires a security interest in the property from a beneficiary of a nonprobate transfer after the death of the owner, in good faith:

             (1) Takes the property free of any claims or of liability to the owner’s estate, creditors of the owner’s estate, persons claiming rights as beneficiaries under the nonprobate transfer or heirs of the owner’s estate, in absence of actual knowledge that the transfer was improper; and

 


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             (2) Has no duty to verify sworn information relating to the nonprobate transfer. The protection provided by this subparagraph applies to information that relates to the ownership interest of the beneficiary in the property and the beneficiary’s right to sell, encumber and transfer good title to a purchaser or lender and does not relieve a purchaser or lender from the notice imparted by instruments of record respecting the property.

      13.  Nothing in this section exempts any real or personal property from any statute of this State that authorizes the recovery of money owed to the Department of Health and Human Services as a result of the payment of benefits from Medicaid.

      14.  As used in this section, “devise” has the meaning ascribed to it in NRS 132.095.

      Sec. 4. Chapter 123 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A trust instrument may provide that community property or separate property transferred into an irrevocable trust of which both spouses are current permissible beneficiaries remains community property or separate property, as applicable, during the marriage. Any community property or separate property, including, without limitation, any income, appreciation and proceeds thereof, that is distributed or withdrawn from a trust instrument containing such a provision remains community property or separate property, as applicable.

      2.  The provisions of this section do not affect the character of community property or separate property that is transferred into a trust in any manner other than as described in this section.

      Sec. 5. NRS 125.150 is hereby amended to read as follows:

      125.150  Except as otherwise provided in NRS 125.155 and 125.165, and unless the action is contrary to a premarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS:

      1.  In granting a divorce, the court:

      (a) May award such alimony to the wife or to the husband, in a specified principal sum or as specified periodic payments, as appears just and equitable; and

      (b) Shall, to the extent practicable, make an equal disposition of the community property of the parties, including, without limitation, any community property transferred into an irrevocable trust pursuant to section 4 of this act over which the court acquires jurisdiction pursuant to NRS 164.010, except that the court may make an unequal disposition of the community property in such proportions as it deems just if the court finds a compelling reason to do so and sets forth in writing the reasons for making the unequal disposition.

      2.  Except as otherwise provided in this subsection, in granting a divorce, the court shall dispose of any property held in joint tenancy in the manner set forth in subsection 1 for the disposition of community property. If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may provide for the reimbursement of that party for his or her contribution. The amount of reimbursement must not exceed the amount of the contribution of separate property that can be traced to the acquisition or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value of the property held in joint tenancy. The amount of reimbursement must not exceed the value, at the time of the disposition, of the property held in joint tenancy for which the contribution of separate property was made.

 


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the property held in joint tenancy for which the contribution of separate property was made. In determining whether to provide for the reimbursement, in whole or in part, of a party who has contributed separate property, the court shall consider:

      (a) The intention of the parties in placing the property in joint tenancy;

      (b) The length of the marriage; and

      (c) Any other factor which the court deems relevant in making a just and equitable disposition of that property.

Ê As used in this subsection, “contribution” includes, without limitation, a down payment, a payment for the acquisition or improvement of property, and a payment reducing the principal of a loan used to finance the purchase or improvement of property. The term does not include a payment of interest on a loan used to finance the purchase or improvement of property, or a payment made for maintenance, insurance or taxes on property.

      3.  A party may file a postjudgment motion in any action for divorce, annulment or separate maintenance to obtain adjudication of any community property or liability omitted from the decree or judgment as the result of fraud or mistake. A motion pursuant to this subsection must be filed within 3 years after the discovery by the aggrieved party of the facts constituting the fraud or mistake. The court has continuing jurisdiction to hear such a motion and shall equally divide the omitted community property or liability between the parties unless the court finds that:

      (a) The community property or liability was included in a prior equal disposition of the community property of the parties or in an unequal disposition of the community property of the parties which was made pursuant to written findings of a compelling reason for making that unequal disposition; or

      (b) The court determines a compelling reason in the interests of justice to make an unequal disposition of the community property or liability and sets forth in writing the reasons for making the unequal disposition.

Ê If a motion pursuant to this subsection results in a judgment dividing a defined benefit pension plan, the judgment may not be enforced against an installment payment made by the plan more than 6 years after the installment payment.

      4.  Except as otherwise provided in NRS 125.141, whether or not application for suit money has been made under the provisions of NRS 125.040, the court may award a reasonable attorney’s fee to either party to an action for divorce.

      5.  In granting a divorce, the court may also set apart such portion of the husband’s separate property for the wife’s support, the wife’s separate property for the husband’s support or the separate property of either spouse for the support of their children as is deemed just and equitable.

      6.  In the event of the death of either party or the subsequent remarriage of the spouse to whom specified periodic payments were to be made, all the payments required by the decree must cease, unless it was otherwise ordered by the court.

      7.  If the court adjudicates the property rights of the parties, or an agreement by the parties settling their property rights has been approved by the court, whether or not the court has retained jurisdiction to modify them, the adjudication of property rights, and the agreements settling property rights, may nevertheless at any time thereafter be modified by the court upon written stipulation signed and acknowledged by the parties to the action, and in accordance with the terms thereof.

 


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rights, may nevertheless at any time thereafter be modified by the court upon written stipulation signed and acknowledged by the parties to the action, and in accordance with the terms thereof.

      8.  If a decree of divorce, or an agreement between the parties which was ratified, adopted or approved in a decree of divorce, provides for specified periodic payments of alimony, the decree or agreement is not subject to modification by the court as to accrued payments. Payments pursuant to a decree entered on or after July 1, 1975, which have not accrued at the time a motion for modification is filed may be modified upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction for the modification. In addition to any other factors the court considers relevant in determining whether to modify the order, the court shall consider whether the income of the spouse who is ordered to pay alimony, as indicated on the spouse’s federal income tax return for the preceding calendar year, has been reduced to such a level that the spouse is financially unable to pay the amount of alimony the spouse has been ordered to pay.

      9.  In addition to any other factors the court considers relevant in determining whether to award alimony and the amount of such an award, the court shall consider:

      (a) The financial condition of each spouse;

      (b) The nature and value of the respective property of each spouse;

      (c) The contribution of each spouse to any property held by the spouses pursuant to NRS 123.030;

      (d) The duration of the marriage;

      (e) The income, earning capacity, age and health of each spouse;

      (f) The standard of living during the marriage;

      (g) The career before the marriage of the spouse who would receive the alimony;

      (h) The existence of specialized education or training or the level of marketable skills attained by each spouse during the marriage;

      (i) The contribution of either spouse as homemaker;

      (j) The award of property granted by the court in the divorce, other than child support and alimony, to the spouse who would receive the alimony; and

      (k) The physical and mental condition of each party as it relates to the financial condition, health and ability to work of that spouse.

      10.  In granting a divorce, the court shall consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider:

      (a) Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and

      (b) Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.

      11.  If the court determines that alimony should be awarded pursuant to the provisions of subsection 10:

      (a) The court, in its order, shall provide for the time within which the spouse who is the recipient of the alimony must commence the training or education relating to a job, career or profession.

 


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      (b) The spouse who is ordered to pay the alimony may, upon changed circumstances, file a motion to modify the order.

      (c) The spouse who is the recipient of the alimony may be granted, in addition to any other alimony granted by the court, money to provide for:

             (1) Testing of the recipient’s skills relating to a job, career or profession;

             (2) Evaluation of the recipient’s abilities and goals relating to a job, career or profession;

             (3) Guidance for the recipient in establishing a specific plan for training or education relating to a job, career or profession;

             (4) Subsidization of an employer’s costs incurred in training the recipient;

             (5) Assisting the recipient to search for a job; or

             (6) Payment of the costs of tuition, books and fees for:

                   (I) The equivalent of a high school diploma;

                   (II) College courses which are directly applicable to the recipient’s goals for his or her career; or

                   (III) Courses of training in skills desirable for employment.

      12.  For the purposes of this section, a change of 20 percent or more in the gross monthly income of a spouse who is ordered to pay alimony shall be deemed to constitute changed circumstances requiring a review for modification of the payments of alimony. As used in this subsection, “gross monthly income” has the meaning ascribed to it in NRS 125B.070.

      Sec. 6. NRS 132.135 is hereby amended to read as follows:

      132.135  “Expenses of administration” means funeral expenses and expenses actually and properly incurred by a personal representative in the administration of an estate, including, without limitation, expenses incurred for the maintenance or preservation of the assets of an estate, plus the fees of the personal representative, any attorney retained by the personal representative and any other consultant engaged by him or her.

      Sec. 7. NRS 132.145 is hereby amended to read as follows:

      132.145  1.  “Fiduciary” includes , without limitation, a personal representative, guardian , [and] trustee [.] under any trust, whether express, implied, resulting or constructive, bailee, conservator, curator, receiver or trustee in bankruptcy or an attorney in fact, assignee for the benefit of creditors or agent. The term does not include:

      (a) A trust protector or trust adviser, except under the terms and conditions expressly provided in the written instrument appointing the trust protector or trust adviser; or

      (b) A holder of a power of appointment under the terms of a trust.

      2.  As used in this section:

      (a) “Trust adviser” has the meaning ascribed to it in NRS 163.5545.

      (b) “Trust protector” has the meaning ascribed to it in NRS 163.5547.

      Sec. 8. NRS 133.130 is hereby amended to read as follows:

      133.130  If, after the making of any will, the testator executes a valid second will [,] that includes provisions revoking the first will, the destruction, cancellation or revocation of the second will does not revive the first will [,] unless [it] :

      1.  It appears by the terms of the revocation or the manner in which the revocation occurred that it was the intention to revive and give effect to the first will ; [,] or [unless, after]

 


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      2.  After the destruction, cancellation or revocation, the first will is reexecuted.

      Sec. 9. NRS 136.240 is hereby amended to read as follows:

      136.240  1.  The petition for the probate of a lost or destroyed will must include a copy of the will, or if no copy is available state, or be accompanied by a written statement of, the testamentary words, or the substance thereof.

      2.  If offered for probate, a lost or destroyed will must be proved in the same manner as other wills are proved under this chapter.

      3.  In addition, no will may be proved as a lost or destroyed will unless its provisions are clearly and distinctly proved by two or more credible witnesses and it is [proved] :

      (a) Proved to have been in legal existence at the death of the person whose will it is claimed to be [,] and has not otherwise been revoked or destroyed without the knowledge, consent or ratification of such person; or [is shown]

      (b) Shown to have been fraudulently destroyed in the lifetime of that person . [, nor unless its provisions are clearly and distinctly proved by at least two credible witnesses.]

      4.  The testimony of each witness must be reduced to writing, signed by the witness and filed, and is admissible in evidence in any contest of the will if the witness has died or permanently moved from the State.

      5.  Notwithstanding any provision of this section to the contrary:

      (a) The production of a person’s lost or destroyed will, whose primary beneficiary is a nontestamentary trust established by the person and in existence at his or her death, creates a rebuttable presumption that the will had not been revoked.

      (b) If the proponent of a lost or destroyed will makes a prima facie showing that it was more likely than not left unrevoked by the person whose will it is claimed to be before his or her death, then the will must be admitted to probate in absence of an objection. If such prima facie showing has been made, the court shall accept a copy of such a will as sufficient proof of the terms thereof without requiring further evidence in the absence of any objection.

      6.  If the will is established, its provisions must be set forth specifically in the order admitting it to probate, or a copy of the will must be attached to the order.

      Sec. 10. NRS 137.005 is hereby amended to read as follows:

      137.005  1.  Except as otherwise provided in subsections 3 and 4, a no-contest clause in a will must be enforced by the court [.] because public policy favors enforcing the intent of the testator. However, because public policy does not favor forfeitures, a no-contest clause must be strictly construed by the court and must not be extended beyond the plain meaning of the express provisions of the will.

      2.  A no-contest clause must be construed to carry out the testator’s intent [. Except] to the extent [the will is vague or ambiguous,] such intent is clear and unambiguous. No extrinsic evidence is [not] admissible to establish the testator’s intent concerning the no-contest clause. The provisions of this subsection do not prohibit [such] extrinsic evidence from being admitted for any other purpose authorized by law. Except as otherwise provided in subsections 3 and 4, a devisee’s share may be reduced or eliminated under a no-contest clause based upon conduct that is set forth by the testator in the will, including, without limitation, any testamentary trust established in the will.

 


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the testator in the will, including, without limitation, any testamentary trust established in the will. Such conduct may include, without limitation:

      (a) Conduct other than formal court action; and

      (b) Conduct which is unrelated to the will itself, including, without limitation:

             (1) The commencement of civil litigation against the testator’s probate estate or family members;

             (2) Interference with the administration of a trust or a business entity;

             (3) Efforts to frustrate the intent of the testator’s power of attorney; and

             (4) Efforts to frustrate the designation of beneficiaries related to a nonprobate transfer by the testator.

      3.  Notwithstanding any provision to the contrary in the will, a devisee’s share must not be reduced or eliminated [if] because of any action taken by the devisee [seeks] seeking only to:

      (a) Enforce the terms of the will or any document referenced in or affected by the will;

      (b) Enforce the devisee’s legal rights in the probate proceeding; [or]

      (c) Obtain [a] court [ruling] instruction with respect to the proper administration of the estate or the construction or legal effect of the will [.] or the provisions thereof; or

      (d) Enforce the fiduciary duties of the personal representative.

      4.  Notwithstanding any provision to the contrary in the will, a devisee’s share must not be reduced or eliminated under a no-contest clause because the devisee institutes legal action seeking to invalidate a will if the legal action is instituted and maintained in good faith and based on probable cause that would have led a reasonable person, properly informed and advised, to conclude that the will is invalid.

      5.  As to any testamentary trust, the testator is the settlor. Unless the will expressly provides otherwise, a no-contest clause in a will applies to a testamentary trust created under that will and the provisions of NRS 163.00195 apply to that trust.

      6.  As used in this section, “no-contest clause” means one or more provisions in a will that express a directive to reduce or eliminate the share allocated to a devisee or to reduce or eliminate the distributions to be made to a devisee if the devisee takes action to frustrate or defeat the testator’s intent as expressed in the will.

      Sec. 11. NRS 137.090 is hereby amended to read as follows:

      137.090  Upon filing [the] a petition [, and within the time allowed for filing the petition,] pursuant to NRS 137.080, the court shall order the issuance of a citation , [must be issued,] directed to the personal representative and to all the devisees mentioned in the will, and the heirs, so far as known to the petitioner, including minors and incapacitated persons, or the personal representative of any such person who is dead, directing them to plead to the contest within 30 days after service of the citation.

      Sec. 12. NRS 139.135 is hereby amended to read as follows:

      139.135  1.  An agreement between an heir finder and an apparent heir, the primary purpose of which is to locate, recover or assist in the recovery of an estate for which the public administrator has petitioned for letters of administration, is void and unenforceable if the agreement is entered into during the period beginning with the death of the person whose estate is in probate until 90 days thereafter.

 


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probate until 90 days thereafter. Upon a showing of good cause, the court may extend such a period until 180 days after the death of the person.

      2.  As used in this section, “heir finder” means a person who, for payment of a fee, assignment of a portion of any interest in a decedent’s estate or other consideration, provides information, assistance, forensic genealogy research or other efforts related to another person’s right to or interest in a decedent’s estate. The term does not include:

      (a) A person acting in the capacity of a personal representative or guardian ad litem;

      (b) A person appointed to perform services by a probate court in which a proceeding in connection with a decedent’s estate is pending; or

      (c) An attorney providing legal services to a decedent’s family member if the attorney has not agreed to pay to any other person a portion of the fees received from the family member or the family member’s interest in the decedent’s estate.

      Sec. 13. NRS 140.010 is hereby amended to read as follows:

      140.010  The court shall appoint a special administrator to collect and take charge of the estate of the decedent, in whatever county or counties the estate may be found, and to exercise such other powers as may be necessary to preserve the estate [:] or any rights or privileges belonging to the decedent:

      1.  If there is a delay in granting letters testamentary or letters of administration, from any cause.

      2.  If letters are granted irregularly.

      3.  If no sufficient bond is filed as required by the court.

      4.  If no petition is filed for letters.

      5.  If an executor or administrator dies or is suspended or removed, and the circumstances of the estate require the immediate appointment of a personal representative.

      6.  If there may be no assets subject to administration but good cause exists for the appointment of a personal representative of the decedent.

      7.  In any other proper case.

      Sec. 14. NRS 140.030 is hereby amended to read as follows:

      140.030  Before letters issue to a person as a special administrator, the person must:

      1.  Give bond in such sum as the court directs, with sureties to the satisfaction of the court, conditioned for the faithful performance of the duties, unless the court waives bond [;] , with or without conditions, or dispenses the bond and alternatively requires the establishment of a blocked account; and

      2.  Take the usual oath of office.

      Sec. 15. NRS 142.020 is hereby amended to read as follows:

      142.020  1.  The requirement of a bond of a personal representative is discretionary with the court. Whether a bond is expressly required by the will or not, the court may:

      (a) Require a bond if it determines a bond is desirable; or

      (b) Dispense with the requirement of a bond if [it] :

             (1) The court determines a bond is unnecessary [.] ; or

             (2) The assets of the estate are deposited with a financial institution pursuant to subsection 3.

 


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      2.  The bond must be conditioned so that the personal representative will faithfully execute the duties of the office according to law, and the bond must be filed by the clerk.

      3.  Personal assets of an estate may be deposited with a domestic credit union or other domestic financial institution upon such terms as may be prescribed by order of the court having jurisdiction of the estate. The deposit is subject to the further order of the court. [The bond of the personal representative may be reduced accordingly.] The personal representative shall file with the clerk the acknowledgment of an authorized representative of the financial institution that holds the assets deposited, which may be in the following form:

 

PROOF OF BLOCKED ACCOUNT

 

       The undersigned affirms that ..........................................., as personal representative of the estate of ............................., deceased, has established an account, number ........., entitled “...........,” in the amount of $............

       The undersigned acknowledges that this account bears a blocked/frozen designation, and that no money may be removed without first presenting an order from the court authorizing the withdrawal.

       Dated on ............................ (date).          By: ......................................

                                                                           Title: ...................................

 

      4.  During the pendency of the administration, any person, including a creditor, having an interest in an estate whose value exceeds $10,000 may file a petition requesting that the personal representative submit additional bond. Upon the filing of the petition, the clerk shall set it for hearing, and the petitioner shall give notice for the period and in the manner provided in NRS 155.010. Upon hearing the petition, the court may require the personal representative to file additional bond in the amount of the claim of the petitioner, unless it determines that bond should be dispensed with or set in a different amount.

      5.  The amount of the bond is the estimated value of all personal property plus income for 1 year from both real and personal property, unless the amount of the bond is expressly mentioned in the will, changed by the court or required pursuant to subsection 4.

      6.  If a banking corporation, as defined in NRS 657.016, or trust company, as defined in NRS 669.070, doing business in this State is appointed the personal representative of the estate of a decedent, no bond is required unless otherwise specifically required by the court.

      Sec. 16. NRS 143.020 is hereby amended to read as follows:

      143.020  Except as otherwise provided in NRS 143.030 and 146.010, a personal representative has a right to the possession of all the real, as well as personal, property of the decedent and may receive the rents and profits of the property until the estate is settled, or until delivered over by order of the court to the heirs or devisees, and shall make a reasonable effort to [keep] preserve and maintain all such property, including, without limitation, by keeping in good tenantable repair all houses, buildings and appurtenances thereon which are under the control of the personal representative.

 


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      Sec. 17. NRS 143.035 is hereby amended to read as follows:

      143.035  1.  A personal representative shall use reasonable diligence in performing the duties of the personal representative and in pursuing the administration of the estate.

      2.  [A] In the absence of pending litigation or a contested proceeding involving the estate, a personal representative in charge of an estate that has not been closed shall:

      (a) Within 6 months after the personal representative’s appointment, where no federal estate tax return is required to be filed for the estate; or

      (b) Within [15] 18 months after the personal representative’s appointment, where a federal estate tax return is required to be filed for the estate,

Ê file with the court a report explaining why the estate has not been closed.

      3.  Upon receiving the report, the clerk shall set a time and place for a hearing of the report. The personal representative shall send a copy of the report and shall give notice of the hearing, for the period and in the manner provided in NRS 155.010, to:

      (a) Each person whose interest is affected as an heir or devisee; and

      (b) The Department of Health and Human Services, if the Department has filed a claim against the estate.

      4.  At the hearing, the court shall determine whether or not the personal representative has used reasonable diligence in the administration of the estate, and if the personal representative has not, the court may:

      (a) Subject to the provisions of NRS 143.037:

             (1) Prescribe the time within which the estate must be closed; or

             (2) Allow the personal representative additional time for closing and order a subsequent report; or

      (b) Revoke the letters of the personal representative, appoint a successor and prescribe a reasonable time within which the successor shall close the estate.

      Sec. 18. NRS 143.037 is hereby amended to read as follows:

      143.037  1.  Except as otherwise provided in this section, a personal representative shall close an estate within 18 months after appointment.

      2.  If [a] an estate is not closed within 18 months after the appointment of a personal representative and:

      (a) A claim against the estate is in litigation or in summary determination pursuant to subsection 5 of NRS 145.060 [or] , a petition for determination of the validity of the claim has been filed pursuant to subsection 2 of NRS 147.130 or the amount of federal estate tax has not been determined, [the court, upon petition of] a devisee, creditor or heir [, shall] may file a petition seeking an order that:

      [(a)](1) A certain amount of money, or certain other assets, be retained by the personal representative to:

             [(1)](I) Satisfy the claim or tax; and

             [(2)](II) Pay any fees or costs related to the claim or tax, including fees for appraisals, attorney’s fees and court costs; and

      [(b)](2) The remainder of the estate be distributed.

      [3.  If a]

      (b) A contest of the will or a proceeding to determine heirship is pending, a devisee, creditor or heir may file a petition requesting the court which appointed the personal representative [:

      (a) Shall] to order that [a] :

 


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             (1) A certain amount of money, or certain other assets, be retained and the remainder of the estate distributed; or

      [(b) May, for good cause shown, order that the]

             (2) The entire distributable estate be retained pending disposition of the contest or proceeding.

      3.  A court shall not enter an order distributing the assets of an estate pursuant to this section if such a distribution will result in there being insufficient assets to enable the personal representative to discharge any tax liability, claims of creditors, administrative expenses or any other just obligation of the estate.

      Sec. 19. NRS 143.050 is hereby amended to read as follows:

      143.050  1.  Except as otherwise provided in NRS 143.520, after notice given as provided in NRS 155.010 or in such other manner as the court directs, the court may authorize the personal representative to continue the operation of the decedent’s business to such an extent and subject to such restrictions as may seem to the court to be for the best interest of the estate and any interested persons.

      2.  The provisions of subsection 1 do not apply to passive investments or the exercise of any shareholder or membership rights to which the personal representative has succeeded.

      3.  Unless specifically authorized by the will or by the court, the personal representative may not receive any separate compensation for continuing the operation of the decedent’s business pursuant to this section.

      Sec. 20. NRS 143.165 is hereby amended to read as follows:

      143.165  1.  On petition or ex parte application of an interested person, the court by temporary order , with or without bond, may restrain a personal representative from performing specified acts of administration, disbursement or distribution, or exercising any powers or discharging any duties of the office, or enter any other order to secure proper performance of the duties of the office . [,] Notwithstanding any other provision of law, if it appears to the court that the personal representative otherwise may take some action that would jeopardize unreasonably the interest of the petitioner or of some other interested person [.] or the estate, the court may enter the temporary order. A person with whom the personal representative may transact business may be made a party to the temporary order.

      2.  The matter must be set for hearing within 10 days after entry of the temporary order , unless the parties otherwise agree [.] , or on a date the court otherwise determines is in the best interest of the estate. Notice as the court directs must be given by the petitioner to the personal representative and the attorney of record of the personal representative, if any, and to any other party named as a party in the temporary order.

      Sec. 21. NRS 144.010 is hereby amended to read as follows:

      144.010  1.  Except as otherwise provided in this [subsection,] section, every personal representative shall [make] prepare and file with the clerk [,] a true inventory and appraisement or record of value of all the assets of the decedent that have come to the possession or knowledge of the personal representative, within [60] 120 days after [appointment,] the issuance of letters of administration, unless the court extends the time [, a true inventory and appraisement or record of value of all the estate of the decedent that has come to the possession or knowledge of the personal representative.] for good cause shown. The requirement of preparing and filing an inventory or [the requirement of filing] an appraisement or a verified record of value, or both, may be waived by the unanimous written consent of all interested persons.

 


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[the requirement of filing] an appraisement or a verified record of value, or both, may be waived by the unanimous written consent of all interested persons.

      2.  [The] Notwithstanding the provisions of this subsection, an interested person may provide a written request to the personal representative at any time 60 days or more after the issuance of letters of administration which seeks a list of the assets of the estate known to the personal representative. The personal representative shall provide such information to the requesting interested party within 10 days after receipt of the written request.

      3.  Unless an interested heir requested and was provided a list of assets pursuant to subsection 2, the personal representative, within 10 days after filing the inventory with the clerk, shall mail a copy to all the interested heirs of an intestate estate, or to the devisees of a testate estate, or to both interested heirs and devisees, if a contest of the will of the decedent is pending. Proof of the mailing of the copies must be made and filed in the proceeding.

      4.  Notwithstanding the requirements set forth in this section, a personal representative may file a redacted inventory to protect the decedent or his or her estate or an interested person. Such an inventory may redact any account numbers, social security numbers and values. Upon request by the court or an interested person, the personal representative shall make the full inventory without redaction available for inspection.

      5.  This section must not be construed to interfere with the authority of a court to order a personal representative to provide the court with information sufficient to identify the assets of an estate and the value thereof that is subject to probate administration, including, without limitation, requiring the personal representative to submit an inventory to the court in camera, as the court deems necessary and appropriate.

      Sec. 22. NRS 144.020 is hereby amended to read as follows:

      144.020  1.  A personal representative may engage a qualified and disinterested appraiser to ascertain the fair market value, as of the decedent’s death, of any asset the value of which is subject to reasonable doubt. Different persons may be engaged to appraise different kinds of assets included in the estate.

      2.  Any such appraiser is entitled to a reasonable compensation for the appraisal and may be paid the compensation by the personal representative out of the estate at any time after completion of the appraisal.

      3.  Except as otherwise provided in NRS 144.010, if there is no reasonable doubt as to the value of assets, such as money, deposits in banks or credit unions, bonds, policies of life insurance, or securities for money or evidence of indebtedness, and the asset is equal in value to cash, the personal representative shall file a verified record of value in lieu of the appraisement.

      4.  If it appears beyond reasonable doubt that there will be no need to sell assets of the estate to pay the debts of the estate or expenses of administration, or to divide assets for distribution in kind to the devisees or heirs, the personal representative may petition the court for an order allowing a verified record of value to be filed in lieu of the appraisement or, if no interested person is prejudiced thereby, an order waiving the requirement for filing an appraisement or verified record of value, and the court may enter such an order with or without notice.

 


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      5.  If the personal representative reasonably believes that the value of the household furniture and furnishings of the estate is less than $30,000, the personal representative may file a verified record of value in lieu of the appraisement. Notwithstanding the provisions of this subsection, any interested person may petition the court to require the personal representative to obtain an appraisement on some or all of such household furniture and furnishings. Upon a showing of good cause, the court shall order the appraisement.

      Sec. 23. NRS 144.080 is hereby amended to read as follows:

      144.080  If a personal representative neglects or refuses to file the inventory within the time prescribed by law or extended by the court, the court may, upon such notice as it deems appropriate [, revoke] :

      1.  Revoke the letters of the personal representative [, and] ;

      2.  Order that the fees and costs incurred by the interested person seeking to enforce the provisions of this subsection be satisfied by the bond of the personal representative or, in the absence of a bond, be paid personally by the personal representative; or

      3.  Hold the personal representative [is] liable on the bond of the personal representative for any injuries sustained by the estate through his or her [neglect.] gross negligence or willful misconduct.

      Sec. 24. NRS 147.130 is hereby amended to read as follows:

      147.130  1.  If a claim is rejected by the personal representative or the court, in whole or in part, the claimant must be immediately notified by the personal representative, and the claimant must bring suit in the proper court against the personal representative within 60 days after the notice or file a timely petition for [summary] determination of the validity of the claim pursuant to subsection 2, whether the claim is due or not, or the claim is forever barred. A claimant must be informed of the rejection of the claim by written notice forwarded to the claimant’s mailing address by registered or certified mail.

      2.  If a claim [filed by the Department of Health and Human Services] is rejected by the personal representative, [the Director of the Department] a creditor may, within 20 days after receipt of the written notice of rejection, petition the court for [summary] determination of the validity of the claim [.] in lieu of bringing suit against the personal representative pursuant to subsection 1. A petition for [summary] determination of the validity of the claim must be filed with the clerk, who shall set the petition for hearing, and notice must be given for the period and in the manner required by NRS 155.010. Allowance of the claim by the court is sufficient evidence of its correctness, and it must be paid as if previously allowed by the personal representative.

      3.  In any action brought upon a claim rejected in whole or in part by the personal representative, if the personal representative resides out of the State or has departed from the State, or cannot, after due diligence, be found within the State, or conceals himself or herself to avoid the service of summons, the summons, together with a copy of the complaint, must be mailed directly to the last address given by the personal representative, with a copy to the attorney for the estate, and proof of the mailing must be filed with the clerk where the administration of the estate is pending. This service is the equivalent of personal service upon the personal representative, but he or she has 30 days from the date of service within which to answer.

 


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      4.  If the personal representative defaults after such service, the default is sufficient grounds for his or her removal as personal representative by the court without notice. Upon petition and notice, in the manner provided for an application for letters of administration, an administrator or an administrator with the will annexed must be appointed by the court and, upon his or her qualification as such, letters of administration or letters of administration with the will annexed must be issued.

      Sec. 25. NRS 147.150 is hereby amended to read as follows:

      147.150  No holder of a claim against an estate may maintain an action thereon unless the claim is first filed with the clerk and the claim is rejected in whole or in part, except in the following case: An action may be brought by the holder of a lien or mortgage to enforce the lien or mortgage against the property of the estate subject thereto if all recourse against any other property of the estate is expressly waived in the complaint.

      Sec. 26. NRS 148.220 is hereby amended to read as follows:

      148.220  1.  Notice of the time and place of sale of real property must be published in a newspaper published in the county in which the property, or some portion of the property, is located, if there is one so published, and if not, then in such paper as the court directs, for 2 weeks, being three publications, 1 week apart, before the day of sale or, in the case of a private sale, before the day on or after which the sale is to be made. For good cause shown, the court may decrease the number of publications to one and shorten the time for publication to a period not less than 8 days.

      2.  [If the] The court may waive the requirement of publication if:

      (a) The personal representative is the sole devisee or heir of the estate, or if all devisees or heirs of the estate consent in writing [, the court may waive the requirement of publication.] ;

      (b) The personal representative provides proof that the property has been publicly listed in a public property listing service for a period of not less than 30 days; or

      (c) The estate is subject to a lien or mortgage on the property in excess of the value of the real property and the estate has entered into an agreement with the holder of the lien or mortgage to waive the deficiency and accept the net sales proceeds.

      3.  If it appears from the inventory and appraisement that the value of the property to be sold does not exceed $5,000, the personal representative may waive the requirement of publication and, in lieu thereof, post a notice of the time and place of sale in three of the most public places in the county in which the property, or some portion of the property, is located, for 2 weeks before the day of the sale or, in the case of a private sale, before the day on or after which the sale is to be made.

      4.  The property proposed to be sold must be described with common certainty in the notice.

      Sec. 27. NRS 148.260 is hereby amended to read as follows:

      148.260  1.  Except as otherwise provided in subsection 2, [no] a sale of real property at a private sale [may] must not be confirmed by the court unless the court is satisfied that the sum offered represents the fair market value of the property sold [, nor unless] and the real property has been appraised within 1 year before the time of sale. If [it] the property has not been appraised, a new appraisement must be [had,] performed, as in the case of an original appraisement of an estate , [. This may be done] at any time before the sale or confirmation [thereof.] of the property.

 


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      2.  The court may waive the requirement of an appraisement:

      (a) For good cause shown; or

      (b) If the personal representative is the sole devisee or heir of the estate, or if all devisees or heirs consent in writing to sale without an appraisal, [the requirement of an appraisal may be dispensed with and] , in which case the personal representative may rely on the assessed value of the property for taxation in obtaining confirmation of the sale.

      Sec. 28. NRS 148.270 is hereby amended to read as follows:

      148.270  1.  At the hearing, the court shall consider the necessity for the sale, or the advantage, benefit and interest of the estate in having the sale made, and must examine the return and the evidence in relation to the sale.

      2.  If it appears to the court that good reason existed for the sale, that the sale was legally made and fairly conducted, and complied with the requirements of NRS 148.260, that the sum bid is not disproportionate to the value, and it does not appear that a sum exceeding the bid by at least 5 percent if the bid is not more than $100,000, or by at least $5,000 if the bid is $100,000 or more, may be obtained, the court shall enter an order confirming the sale and directing conveyances to be executed. Otherwise, it shall vacate the sale. If the court directs that the property be resold, notice must be given and the sale in all respects conducted as if no previous sale had taken place.

      3.  If a written offer of 5 percent or $5,000 more in amount than that named in the return is made to the court by a responsible person, as provided in subsection 2, and the bid complies with all provisions of the law, the court may accept the offer and confirm the sale to that person, order a new sale or conduct a public auction in open court.

      4.  If a higher bid is received at the time of a hearing to confirm the sale, the court may continue the hearing if it finds that the original bidder was not notified of the hearing and might desire to increase his or her bid, but failure to notify the original bidder or to continue the hearing is not grounds to void an order confirming a sale.

      5.  If the court accepts a higher bid at the time of a hearing to confirm the sale, the court shall confirm the original purchase contract and include in the order confirming the sale the substitution of the new sale price and purchaser. The order confirming the sale is a sufficient addendum to the original contract to allow escrow to close.

      6.  Notwithstanding the provisions of this section, if the estate is subject to a lien or mortgage that exceeds the value of the property and the estate has entered into an agreement with the holder of the lien or mortgage to waive any deficiency as to other estate property and accept the net sales proceeds as full satisfaction of the lien or mortgage, the court shall confirm the sale without accepting bids on the property.

      Sec. 29. NRS 153.020 is hereby amended to read as follows:

      153.020  1.  If a [trust,] life estate or estate for years is created by or under any will to continue after distribution [,] of the estate, the court does not lose jurisdiction of the estate , life estate or estate for years by final distribution [,] of the estate, but retains jurisdiction of it until the distribution of the residue of the life estate or estate for years to those entitled to it [. The] is complete. Proof of distribution of the residue may be made upon petition of [the trustee, his or her successor in interest or of] any person entitled to share in the distribution [.] of the life estate or estate for years, which terminates the jurisdiction of the court upon decree of the court. The court does not retain jurisdiction over a testamentary trust created by or under a will after distribution of that portion of the estate to such a testamentary trust.

 


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court does not retain jurisdiction over a testamentary trust created by or under a will after distribution of that portion of the estate to such a testamentary trust.

      2.  Notwithstanding the provisions of subsection 1, before the entry of an order granting final distribution of the estate, the court may consider a petition filed by the trustee or any beneficiary of the testamentary trust requesting the court to retain jurisdiction of the testamentary trust and, upon good cause shown, the court may order such continued jurisdiction. Such a petition must be filed with the clerk of the court before the hearing on the petition for final distribution of the estate and must be served on all interested persons in accordance with NRS 155.010.

      3.  This section must not be construed to limit the ability of an interested person to subsequently seek submission of a testamentary trust to the jurisdiction of the court pursuant to NRS 164.010.

      Sec. 30. NRS 153.031 is hereby amended to read as follows:

      153.031  1.  A trustee or beneficiary may petition the court regarding any aspect of the affairs of the trust, including:

      (a) Determining the existence of the trust;

      (b) Determining the construction of the trust instrument;

      (c) Determining the existence of an immunity, power, privilege, right or duty;

      (d) Determining the validity of a provision of the trust;

      (e) Ascertaining beneficiaries and determining to whom property is to pass or be delivered upon final or partial termination of the trust, to the extent not provided in the trust instrument;

      (f) Settling the accounts and reviewing the acts of the trustee, including the exercise of discretionary powers;

      (g) Instructing the trustee;

      (h) [Compelling] Subject to the requirements of chapter 165 of NRS, compelling the trustee to report information about the trust or account, to the beneficiary;

      (i) Granting powers to the trustee;

      (j) Fixing or allowing payment of the trustee’s compensation, or reviewing the reasonableness of the trustee’s compensation;

      (k) Appointing or removing a trustee;

      (l) Accepting the resignation of a trustee;

      (m) Compelling redress of a breach of the trust;

      (n) Approving or directing the modification or termination of the trust;

      (o) Approving or directing the combination or division of trusts;

      (p) Amending or conforming the trust instrument in the manner required to qualify the estate of a decedent for the charitable estate tax deduction under federal law, including the addition of mandatory requirements for a charitable-remainder trust;

      (q) Compelling compliance with the terms of the trust or other applicable law; and

      (r) Permitting the division or allocation of the aggregate value of community property assets in a manner other than on a pro rata basis.

      2.  A petition under this section must state the grounds of the petition and the name and address of each interested person, including the Attorney General if the petition relates to a charitable trust, and the relief sought by the petition. Except as otherwise provided in this chapter, the clerk shall set the petition for hearing and the petitioner shall give notice for the period and in the manner provided in NRS 155.010.

 


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petition for hearing and the petitioner shall give notice for the period and in the manner provided in NRS 155.010. The court may order such further notice to be given as may be proper.

      3.  If the court grants any relief to the petitioner, the court may, in its discretion, order any or all of the following additional relief if the court determines that such additional relief is appropriate to redress or avoid an injustice:

      (a) Order a reduction in the trustee’s compensation.

      (b) Order the trustee to pay to the petitioner or any other party all reasonable costs incurred by the party to adjudicate the affairs of the trust pursuant to this section, including, without limitation, reasonable attorney’s fees. The trustee may not be held personally liable for the payment of such costs unless the court determines that the trustee was negligent in the performance of or breached his or her fiduciary duties.

      Sec. 31. NRS 153.041 is hereby amended to read as follows:

      153.041  The trustee [may, upon petition of a beneficiary or the guardian of a beneficiary, be ordered to appear at a hearing and render an account. The trustee must be served with a citation] of a testamentary trust shall account in accordance with the provisions of chapter 165 of NRS. This section must not be interpreted to abridge the authority of a court having jurisdiction over a testamentary trust pursuant to NRS 153.020 or 164.010 to order a trustee of a testamentary trust to account, upon good cause, to the persons and in the manner [provided in NRS 155.050. Unless otherwise] ordered by the court . [, the citation must be served at least 30 days before the day of the hearing. The petition may not be denied unless an account has been filed with the court within 1 year before the petition if filed.]

      Sec. 32. NRS 153.070 is hereby amended to read as follows:

      153.070  [On the settlement of each account] The expenses and compensation of a trustee [,] of a testamentary trust must initially be governed by the terms of the will which created the testamentary trust or as otherwise ordered by the court at the time the testamentary trust is established. Thereafter, subject to any contrary terms of the testamentary trust or an order of the court, the court shall allow the trustee his or her proper expenses and such compensation for services as [the court may deem] are just and reasonable. Where there are several trustees, [it shall apportion the] compensation must be apportioned among [them] the trustees according to the respective services rendered [. It] , and such compensation may [fix] be a fixed yearly compensation for each trustee, [in] a set amount for the term of service, an hourly rate for services rendered or pursuant to a standard schedule of fees . [, to continue as long as the] The provisions of this section must not be interpreted to abridge the authority of a court [may deem proper.] having jurisdiction over a testamentary trust pursuant to NRS 153.020 or 164.010 to review and settle the expenses and compensation of the trustee of a testamentary trust upon the petition of any interested person.

      Sec. 33. NRS 153.090 is hereby amended to read as follows:

      153.090  1.  A person named or designated as a trustee of a testamentary trust in a will may, at any time before distribution of any of the estate to the person, decline to act as trustee, and an order of court must be entered accepting the resignation, but the declination of any person who has qualified as trustee may not be accepted by the court unless the testamentary trust is subject to ongoing court jurisdiction pursuant to NRS 153.020 and a petition to accept the declination is filed in the proceeding for administration of the [estate.]

 


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trust is subject to ongoing court jurisdiction pursuant to NRS 153.020 and a petition to accept the declination is filed in the proceeding for administration of the [estate.] testamentary trust. Upon the filing of the petition, the clerk shall set it for hearing and the petitioner shall give notice to all interested persons for the period and in the manner provided in NRS 155.010.

      2.  A person named or designated as a trustee of a testamentary trust in a will that is no longer subject to ongoing court jurisdiction may resign as trustee in accordance with the terms of the testamentary trust or will which created the testamentary trust or, if the testamentary trust or will is silent on the matter, may seek court approval of such resignation in conjunction with a petition under NRS 164.010 or 164.030.

      3.  In accepting a declination [,] or resignation, the court may enter and enforce any order which may be necessary for the preservation of the estate.

      Sec. 34. Chapter 155 of NRS is hereby amended by adding thereto a new section to read as follows:

      Notwithstanding any provision in this title, if an act is authorized or required to be performed at or within a specified period pursuant to this chapter:

      1.  The period may be extended upon the agreement of all interested persons, by written stipulation of counsel filed in the action; or

      2.  The court, for good cause shown, may at any time:

      (a) Regardless of whether there has been a motion, petition or notice, order that the period be extended if a request for the extension is made before the expiration of the specified period as originally prescribed or as extended by a previous order; or

      (b) Upon a motion made after the expiration of the specified period, authorize a person to perform the act if the failure to perform the act in a timely manner was the result of excusable neglect.

      Sec. 35. NRS 155.050 is hereby amended to read as follows:

      155.050  1.  The citation described in NRS 155.040 [is to] must be served [in the same manner as the personal] by:

      (a) Certified mail, with a return receipt requested, on each person required to be served; or

      (b) Personal service [of summons.] in the manner provided pursuant to Rule 4(d) of the Nevada Rules of Civil Procedure.

      2.  If [personal] , after due diligence, service cannot be made upon the person to be served, service of the citation may be [served] made by publication in the manner provided by Rule 4(e) of the Nevada Rules of Civil Procedure, by leaving a copy with the person’s attorney of record or in such other manner as the court may direct.

      Sec. 36. NRS 162.280 is hereby amended to read as follows:

      162.280  At the time for distribution of any property of an estate or trust, the fiduciary may withhold any part or all of the property from the beneficiaries if the fiduciary determines that the property may be subject to claims of offset held by the fiduciary in his or her fiduciary capacity, conflicting claims, tax deficiencies or other liabilities, contingent or otherwise, relating to the estate or trust.

      Sec. 37. NRS 162.300 is hereby amended to read as follows:

      162.300  1.  A fiduciary may establish a trust or form a corporation, limited-liability company or other entity, and transfer, assign and convey to the trust, corporation, limited-liability company or entity all or any part of an estate or of any trust property in exchange for the stock, securities or obligations of the trust, corporation, limited-liability company or entity, and continue to hold the stock and securities and obligations.

 


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obligations of the trust, corporation, limited-liability company or entity, and continue to hold the stock and securities and obligations.

      2.  A trust established or a corporation, limited-liability company or other entity incorporated, organized or registered under the laws of this State that acts as a fiduciary or trustee of an estate or trust administered under the laws of this State may be owned or controlled by the trust if the trust instrument authorizes the trust to own an affiliate.

      3.  As used in this section, “affiliate” has the meaning ascribed to it in NRS 163.020.

      Sec. 38. Chapter 163 of NRS is hereby amended by adding thereto the provisions set forth as sections 39 and 40 of this act.

      Sec. 39. Except as otherwise provided in NRS 163.0075 or another provision of law:

      1.  A trust may be created for a noncharitable purpose without a definite ascertainable beneficiary or for a noncharitable but otherwise valid purpose. The noncharitable purpose for which a trust is created must be stated with sufficient particularity in the trust instrument as to be ascertainable by a finder of fact.

      2.  A trust authorized by this section may be enforced by a trustee, trust adviser, trust protector or person appointed under the terms of the trust or, if no such person is appointed, by the court.

      3.  Except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use, property of a trust authorized by this section may be applied only to its intended use, including, without limitation, appointing trust property to or for the benefit of an existing or new trust whose purposes are limited to one or more purposes of the original trust. Except as otherwise provided by the terms of the trust, property not required for the intended use must be distributed to the settlor, if living, or otherwise to the settlor’s successors in interest.

      4.  As used in this section:

      (a) “Trust adviser” has the meaning ascribed to it in NRS 163.5545.

      (b) “Trust protector” has the meaning ascribed to it in NRS 163.5547.

      (c) “Valid purpose” means any purpose that is not illegal or against public policy.

      Sec. 40. Unless otherwise ordered or provided for in a property or separation agreement approved by the court in a proceeding for a divorce or annulment, the divorce, annulment of the marriage or termination of the domestic partnership of the descendant of a settlor revokes:

      1.  Every devise, beneficial interest or designation to serve as trustee that was given by the settlor to the former spouse or domestic partner of the descendant in a revocable inter vivos trust executed before the entry of the decree of divorce or annulment or the termination of the domestic partnership, unless otherwise provided in the trust instrument, and the provisions of the trust take effect in the same manner as if the spouse or domestic partner of the descendant predeceased the settlor; and

      2.  The appointment of the spouse or domestic partner of the descendant as a trust protector, trust adviser or consultant.

      Sec. 41. NRS 163.00195 is hereby amended to read as follows:

      163.00195  1.  Except as otherwise provided in subsections 3 and 4, a no-contest clause in a trust must be enforced by the court [.] because public policy favors enforcing the intent of the settlor. However, because public policy does not favor forfeitures, a no-contest clause must be strictly construed by the court and must not be extended beyond the plain meaning of the express provisions of the trust.

 


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policy does not favor forfeitures, a no-contest clause must be strictly construed by the court and must not be extended beyond the plain meaning of the express provisions of the trust.

      2.  A no-contest clause must be construed to carry out the settlor’s intent [. Except] to the extent [the no-contest clause in the trust is vague or ambiguous,] such intent is clear and unambiguous. No extrinsic evidence is [not] admissible to establish the settlor’s intent concerning the no-contest clause. The provisions of this subsection do not prohibit [such] extrinsic evidence from being admitted for any other purpose authorized by law. Except as otherwise provided in subsections 3 and 4, a beneficiary’s share may be reduced or eliminated under a no-contest clause based upon conduct that is set forth by the settlor in the trust. Such conduct may include, without limitation:

      (a) Conduct other than formal court action; and

      (b) Conduct which is unrelated to the trust itself, including, without limitation:

             (1) The commencement of civil litigation against the settlor’s probate estate or family members;

             (2) Interference with the administration of another trust or a business entity;

             (3) Efforts to frustrate the intent of the settlor’s power of attorney; and

             (4) Efforts to frustrate the designation of beneficiaries related to a nonprobate transfer by the settlor.

      3.  Notwithstanding any provision to the contrary in the trust, a beneficiary’s share must not be reduced or eliminated [if] because of any action taken by the beneficiary [seeks] seeking only to:

      (a) Enforce the terms of the trust, any document referenced in or affected by the trust, or any other trust-related instrument;

      (b) Enforce the beneficiary’s legal rights related to the trust, any document referenced in or affected by the trust, or any trust-related instrument; [or]

      (c) Obtain [a] court [ruling] instruction with respect to the proper administration of the trust or the construction or legal effect of the trust, the provisions thereof or any document referenced in or affected by the trust, or any other trust-related instrument [.] ; or

      (d) Enforce the fiduciary duties of the trustee.

      4.  Notwithstanding any provision to the contrary in the trust, a beneficiary’s share must not be reduced or eliminated under a no-contest clause in a trust because the beneficiary institutes legal action seeking to invalidate a trust, any document referenced in or affected by the trust, or any other trust-related instrument if the legal action is instituted and maintained in good faith and based on probable cause that would have led a reasonable person, properly informed and advised, to conclude that the trust, any document referenced in or affected by the trust, or other trust-related instrument is invalid.

      5.  Unless the trust expressly provides otherwise, a no-contest clause must not be applied to a settlor who is also a beneficiary of the trust.

      6.  As used in this section:

      (a) “No-contest clause” means one or more provisions in a trust that express a directive to reduce or eliminate the share allocated to a beneficiary or to reduce or eliminate the distributions to be made to a beneficiary if the beneficiary takes action to frustrate or defeat the settlor’s intent as expressed in the trust or in a trust-related instrument.

 


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beneficiary takes action to frustrate or defeat the settlor’s intent as expressed in the trust or in a trust-related instrument.

      (b) “Trust” means the original trust instrument and each amendment made pursuant to the terms of the original trust instrument.

      (c) “Trust-related instrument” means any document purporting to transfer property to or from the trust or any document made pursuant to the terms of the trust purporting to direct the distribution of trust assets or to affect the management of trust assets, including, without limitation, documents that attempt to exercise a power of appointment.

      Sec. 42. NRS 163.002 is hereby amended to read as follows:

      163.002  1.  Except as otherwise provided by specific statute, a trust may be created by any of the following methods:

      [1.](a) A declaration by the owner of property that he or she or another person holds the property as trustee. In the absence of a contrary declaration by the owner of the property or of a transfer of the property to a third party and regardless of formal title to the property:

      [(a)](1) Property declared to be trust property, together with all income therefrom and the reinvestment thereof, must remain trust property; and

      [(b)](2) If the property declared to be trust property includes an account, contract, certificate, note, judgment, business interest, contents of a safe deposit box or other property interest that is subject to additions or contributions, all subsequent additions and contributions to the property are also trust property.

      [2.](b) A transfer of property by the owner during his or her lifetime to another person as trustee.

      [3.](c) A testamentary transfer of property by the owner to another person as trustee.

      [4.](d) An exercise of a power of appointment in trust.

      [5.](e) An enforceable promise to create a trust.

      2.  A declaration pursuant to paragraph (a) of subsection 1 may include a schedule or list of trust assets that is signed by the owner of the property or that is incorporated by reference into a document that is signed by the owner of the property.

      Sec. 43. NRS 163.006 is hereby amended to read as follows:

      163.006  A trust is created only if there is a beneficiary. This requirement is satisfied if the trust instrument provides for:

      1.  A beneficiary or class of beneficiaries that is ascertainable with reasonable certainty or that is sufficiently described so that it can be determined whether a person meets the description or is within the class;

      2.  A grant of power to the trustee or some other person to select the beneficiary based on a standard or in the discretion of the trustee or other person;

      3.  A charitable trust as defined in NRS 163.460;

      4.  A trust for the care of one or more animals created pursuant to NRS 163.0075; [or]

      5.  A public benefit trust as defined in NRS 163.551 [.] ; or

      6.  A noncharitable trust without an ascertainable beneficiary pursuant to section 39 of this act.

      Sec. 44. NRS 163.008 is hereby amended to read as follows:

      163.008  1.  A trust created in relation to real property is not valid unless it is created by operation of law or is evidenced by:

 


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      (a) A written instrument signed by the trustee, or by the agent of the trustee if the agent is authorized in writing to do so; or

      (b) A written instrument, including, without limitation, an electronic trust, conveying the trust property and signed by the settlor, or by the agent of the settlor if the agent is authorized in writing to do so.

      2.  Such a trust may be recorded in the office of the county recorder in the county where all or a portion of the real property is located.

      3.  This section must not be construed to require a declaration by an owner of property pursuant to NRS 163.002 that specifically identified real property is held in trust to be in writing. As used in this subsection, “specifically identified real property” includes property that is identified by legal description, street address or the applicable assessor’s parcel number.

      Sec. 45. NRS 163.027 is hereby amended to read as follows:

      163.027  1.  Except as otherwise provided in subsection 2 or in the trust, a trustee may distribute property and money:

      (a) In divided or undivided interests; and

      (b) With or without proration.

      2.  Each affected beneficiary must consent before property or money is distributed without proration [,] unless the trust specifically authorizes the trustee to make that distribution [.] or the distribution is otherwise authorized by law.

      Sec. 46. NRS 163.115 is hereby amended to read as follows:

      163.115  1.  If a trustee commits or threatens to commit a breach of trust, a beneficiary or cotrustee of the trust may maintain a proceeding for any of the following purposes that is appropriate:

      (a) To compel the trustee to perform his or her duties.

      (b) To enjoin the trustee from committing the breach of trust.

      (c) To compel the trustee to redress the breach of trust by payment of money or otherwise.

      (d) To appoint a receiver or temporary trustee to take possession of the trust property and administer the trust.

      (e) To remove the trustee.

      (f) To set aside acts of the trustee.

      (g) To reduce or deny compensation of the trustee.

      (h) To impose an equitable lien or a constructive trust on trust property.

      (i) To trace trust property that has been wrongfully disposed of and recover the property or its proceeds.

      2.  On petition or ex parte application of a beneficiary or trustee, the court by temporary order, with or without bond, may restrain a trustee from performing specified acts of administration, disbursement or distribution, or exercising any powers or discharging any duties of the office, or enter any other order to secure proper performance of the duties of the office. Notwithstanding any other provision of law governing temporary injunctions, if it appears to the court that the trustee otherwise may take some action that would jeopardize unreasonably the interest of the petitioner, another beneficiary or the trust, the court may enter the temporary order. A person with whom the trustee may transact business may be made a party to the temporary order.

      3.  Any temporary order entered pursuant to subsection 2 must be set for hearing within 10 days after entry of the temporary order, unless the parties otherwise agree, or on a date the court otherwise determines is in the best interests of the trust. Notice of entry of the temporary order must be given by the petitioner to the trustee and the attorney of record of the trustee, if any, to any other party named as a party in the temporary order and as otherwise directed by the court.

 


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be given by the petitioner to the trustee and the attorney of record of the trustee, if any, to any other party named as a party in the temporary order and as otherwise directed by the court.

      4.  The provision of remedies in [subsection 1] this section does not preclude resort to any other appropriate remedy provided by statute or common law.

      [3.]5.  A proceeding under this section must be commenced by filing or bringing in conjunction with the filing of a petition under NRS 164.010 and 164.015.

      Sec. 47. NRS 163.130 is hereby amended to read as follows:

      163.130  1.  A trustee who has incurred personal liability for a tort committed in the administration of the trust is entitled to exoneration therefor from the trust property if the trustee has not discharged the claim, or to be reimbursed therefor out of trust funds if the trustee has paid the claim, if:

      (a) The tort was a common incident of the kind of business activity in which the trustee was properly engaged for the trust; [or]

      (b) Although the tort was not a common incident of such activity, neither the trustee nor any officer or employee of the trustee was guilty of personal fault in incurring the liability [.] ; or

      (c) The trust instrument authorizes the exoneration or reimbursement of a trustee and the actions of the trustee did not constitute willful misconduct or gross negligence.

      2.  If a trustee commits a tort which increases the value of the trust property, the trustee shall be entitled to exoneration or reimbursement with respect thereto to the extent of such increase in value, even though the trustee would not otherwise be entitled to exoneration or reimbursement.

      3.  Nothing in this section shall be construed to change the existing law with regard to the liability of trustees of charitable trusts for torts of themselves or their employees.

      Sec. 48. NRS 163.4185 is hereby amended to read as follows:

      163.4185  1.  A distribution interest may be classified as:

      (a) A mandatory interest if the trustee has no discretion to determine whether a distribution should be made, when a distribution should be made or the amount of the distribution.

      (b) A support interest if the [distribution of a support interest contains a standard for distribution for the support of a person which may be interpreted by the trustee or a court, as necessary. A provision in a trust which provides a support interest may contain mandatory language which a] trustee [must follow.] is required to make distributions to the beneficiary pursuant to an ascertainable standard.

      (c) A discretionary interest if the trustee has discretion to determine whether a distribution should be made, when a distribution should be made and the amount of the distribution.

      2.  If a trust contains a combination of a mandatory interest, a support interest or a discretionary interest, the trust must be separated as:

      (a) A mandatory interest only to the extent of the mandatory language provided in the trust;

      (b) A support interest only to the extent of the support language provided in the trust; and

      (c) A discretionary interest for any remaining trust property.

 


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      3.  If a trust provides for a support interest that also includes mandatory language but the mandatory language is qualified by discretionary language, the support interest must be classified and separated as a discretionary interest.

      4.  As used in this section, “ascertainable standard” means a standard relating to a person’s health, education, support or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code, 26 U.S.C. § 2041(b)(1)(A) or 2514(c)(1), and any regulations of the United States Treasury promulgated thereunder.

      Sec. 49. NRS 163.556 is hereby amended to read as follows:

      163.556  1.  Except as otherwise provided in this section, unless the terms of a testamentary instrument or irrevocable trust provide otherwise, a trustee with discretion or authority to distribute trust income or principal to or for a beneficiary of the trust may exercise such discretion or authority by appointing the property subject to such discretion or authority in favor of a second trust as provided in this section.

      2.  The second trust to which a trustee appoints property of the first trust may only have as beneficiaries one or more of the beneficiaries of the original trust:

      (a) To or for whom a distribution of income or principal may be made from the original trust;

      (b) To or for whom a distribution of income or principal may be made in the future from the original trust at a time or upon the happening of an event specified under the first trust; or

      (c) Both paragraphs (a) and (b).

Ê For purposes of this subsection, a permissible appointee of a power of appointment exercised by a beneficiary of the second trust is not considered a beneficiary of the second trust.

      3.  A trustee may not appoint property of the original trust to a second trust if:

      (a) Appointing the property will reduce any income interest of any income beneficiary of the original trust if the original trust is:

             (1) A trust for which a marital deduction has been taken for federal or state income, gift or estate tax purposes;

             (2) A trust for which a charitable deduction has been taken for federal or state income, gift or estate tax purposes; or

             (3) A grantor-retained annuity trust or unitrust under [27] 26 C.F.R. § 25.2702-3(b) and (c).

Ê As used in this paragraph, “unitrust” has the meaning ascribed to it in NRS 164.700.

      (b) The property to be appointed is subject to a power of withdrawal which is held by a beneficiary of the original trust and may be executed at the time of the proposed appointment, unless after the exercise of such appointment, the beneficiary of the original trust’s power of withdrawal is unchanged with respect to the trust property.

      (c) Property specifically allocated for one beneficiary of the original trust is no longer allocated for that beneficiary under either or both trusts, unless the beneficiary consents in writing.

      (d) Property held for the benefit of one or more beneficiaries under both the original and the second trust has a lower value than the value of the property held for the benefit of the same beneficiaries under only the original trust, unless:

 


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             (1) The benefit provided is limited to a specific amount or periodic payments of a specific amount; and

             (2) The value of the property held in either or both trusts for the benefit of one or more beneficiaries is actuarially adequate to provide the benefit.

      (e) A contribution made to the original trust qualified for a gift tax exclusion as described in section 2503(b) of the Internal Revenue Code, 26 U.S.C. § 2503(b), by reason of the application of section 2503(c) of the Internal Revenue Code, 26 U.S.C. § 2503(c), unless the second trust provides that the beneficiary’s remainder interest must vest not later than the date upon which such interest would have vested under the terms of the original trust.

      4.  A trustee who is a beneficiary of the original trust may not exercise the authority to appoint property of the original trust to a second trust if:

      (a) Under the terms of the original trust or pursuant to law governing the administration of the original trust:

             (1) The trustee does not have discretion to make distributions to himself or herself;

             (2) The trustee’s discretion to make distributions to himself or herself is limited by an ascertainable standard, and under the terms of the second trust, the trustee’s discretion to make distributions to himself or herself is not limited by the same ascertainable standard; or

             (3) The trustee’s discretion to make distributions to himself or herself can only be exercised with the consent of a cotrustee or a person holding an adverse interest and under the terms of the second trust the trustee’s discretion to make distributions to himself or herself is not limited by an ascertainable standard and may be exercised without consent; or

      (b) Under the terms of the original trust or pursuant to law governing the administration of the original trust, the trustee of the original trust does not have discretion to make distributions that will discharge the trustee’s legal support obligations but under the second trust the trustee’s discretion is not limited.

      5.  Notwithstanding the provisions of subsection 1, a trustee who may be removed by the beneficiary or beneficiaries of the original trust and replaced with a trustee that is related to or subordinate, as described in section 672 of the Internal Revenue Code, 26 U.S.C. § 672(c), to a beneficiary, may not exercise the authority to appoint property of the original trust to a second trust to the extent that the exercise of the authority by such trustee would have the effect of increasing the distributions that can be made from the second trust to such beneficiary or group of beneficiaries that held the power to remove the trustee of the original trust and replace such trustee with a related or subordinate person, unless the distributions that may be made from the second trust to such beneficiary or group of beneficiaries described in paragraph (a) of subsection 4 are limited by an ascertainable standard.

      6.  The provisions of subsections 4 and 5 do not prohibit a trustee who is not a beneficiary of the original trust or who may not be removed by the beneficiary or beneficiaries and replaced with a trustee that is related to or subordinate to a beneficiary from exercising the authority to appoint property of the original trust to a second trust pursuant to the provisions of subsection 1.

 


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      7.  Before appointing property pursuant to subsection 1, a trustee may give notice of a proposed action pursuant to NRS 164.725 or may petition a court for approval pursuant to NRS 153.031, 164.015 or 164.725. Any notice of a proposed action or a petition for a court’s approval must include the trustee’s opinion of how the appointment of property will affect the trustee’s compensation and the administration of other trust expenses.

      8.  The trust instrument of the second trust may:

      (a) Grant a general or limited power of appointment to one or more of the beneficiaries of the second trust who are beneficiaries of the original trust.

      (b) Provide that, at a time or occurrence of an event specified in the trust instrument, the remaining trust assets in the second trust must be held for the beneficiaries of the original trust upon terms and conditions that are substantially identical to the terms and conditions of the original trust.

      9.  The power to appoint the property of the original trust pursuant to subsection 1 must be exercised by a writing, signed by the trustee and filed with the records of the trust.

      10.  The exercise of the power to invade principal of the original trust pursuant to subsection 1 is considered the exercise of a power of appointment, other than power to appoint the property to the trustee, the trustee’s creditors, the trustee’s estate or the creditors of the trustee’s estate and the provisions of NRS 111.1031 apply to such power of appointment.

      11.  The provisions of this section do not abridge the right of any trustee who has the power to appoint property which arises under any other law.

      12.  The provisions of this section do not impose upon a trustee a duty to exercise the power to appoint property pursuant to subsection 1.

      13.  The power to appoint property to another trust pursuant to subsection 1 is not a power to amend the trust and a trustee is not prohibited from appointing property to another trust pursuant to subsection 1 if the original trust is irrevocable or provides that it may not be amended.

      14.  A trustee’s power to appoint property to another trust pursuant to subsection 1 is not limited by the existence of a spendthrift provision in the original trust.

      15.  A trustee exercising any power granted pursuant to this section may designate himself or herself or any other person permitted to act as a trustee as the trustee of the second trust.

      16.  The trustee of a second trust, resulting from the exercise of the power to appoint property to another trust pursuant to subsection 1, may also exercise the powers granted pursuant to this section with respect to the second trust.

      17.  [For the purposes of this section, “second trust” means an irrevocable trust that receives trust income or principal appointed by the trustee of the original trust, and may be established by any person, including, without limitation, a new trust created by the trustee, acting in that capacity, of the original trust. If the trustee of the original trust establishes the second trust, then for purposes of creating the new second trust, the requirement of NRS 163.008 that the instrument be signed by the settlor shall be deemed to be satisfied by the signature of the trustee of the second original trust. The second trust may be a trust created under the same trust instrument as the original trust or under a different trust instrument.

 


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      18.  As used in this section, “ascertainable standard” means a standard relating to an individual’s health, education, support or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code, 26 U.S.C. § 2041(b)(1)(A) or 2514(c)(1), and any regulations of the United States Treasury promulgated thereunder.

      19.]  This section applies to a trust that is governed by, sitused in or administered under the laws of this State, whether the trust is initially governed by, sitused in or administered under the laws of this State pursuant to the terms of the trust instrument or whether the governing law, situs or administration of the trust is moved to this State from another state or foreign jurisdiction.

      18.  The power to appoint to a second trust pursuant to this section may be exercised to appoint to a second trust that is a special needs trust, pooled trust or third-party trust.

      19.  As used in this section:

      (a) “Ascertainable standard” means a standard relating to a person’s health, education, support or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code, 26 U.S.C. § 2041(b)(1)(A) or 2514(c)(1), and any regulations of the United States Treasury promulgated thereunder.

      (b) “Pooled trust” means a trust described in 42 U.S.C. § 1396p(d)(4)(C) that meets the requirements for such a trust under any law or regulation of this State relating to the treatment of trusts for purposes of eligibility for Medicaid or other needs-based public assistance.

      (c) “Second trust” means an irrevocable trust that receives trust income or principal appointed by the trustee of the original trust, and may be established by any person, including, without limitation, a new trust created by the trustee, acting in that capacity, of the original trust. If the trustee of the original trust establishes the second trust, then for purposes of creating the new second trust, the requirement of NRS 163.008 that the instrument be signed by the settlor shall be deemed to be satisfied by the signature of the trustee of the second original trust. The second trust may be a trust created under the same trust instrument as the original trust or under a different trust instrument.

      (d) “Special needs trust” means a trust under 42 U.S.C. § 1396p(d)(4)(A) that meets the requirements for such a trust under any law or regulation of this State relating to the treatment of trusts for purposes of eligibility for Medicaid or other needs-based public assistance.

      (e) “Third-party trust” means a trust that is:

             (1) Established by a third party with the assets of the third party to provide for the supplemental needs of a person who is eligible for needs-based public assistance at or after the time of the creation of the trust; and

             (2) Exempt from the provisions of any law or regulation of this State relating to the treatment of trusts for purposes of eligibility for Medicaid.

      Sec. 50. NRS 163.610 is hereby amended to read as follows:

      163.610  [A fiduciary] Unless otherwise provided by the trust instrument, a trustee may [take such actions as are necessary to cause] include capital gains from the sale or exchange of [trust assets, as determined for federal income tax purposes, to be taxed for federal income tax purposes as part of a distribution of income, including, without limitation, income which has been increased by an adjustment from principal to income under NRS 164.795, a unitrust distribution or a distribution of principal] capital assets in distributable net income to the extent the gains are, in a reasonable and impartial exercise of discretion by the trustee, allocated to:

 


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to income under NRS 164.795, a unitrust distribution or a distribution of principal] capital assets in distributable net income to the extent the gains are, in a reasonable and impartial exercise of discretion by the trustee, allocated to:

      1.  Income pursuant to the power of the trustee to adjust between principal and income pursuant to NRS 164.795;

      2.  Principal and treated consistently by the trustee in the books, records and tax returns of the trust as part of the distribution to a beneficiary; or

      3.  Principal but distributed to a beneficiary or utilized by the trustee in determining the amount that is distributed or required to be distributed to a beneficiary.

      Sec. 51. NRS 164.010 is hereby amended to read as follows:

      164.010  1.  Upon petition of any person appointed as trustee of an express trust by any written instrument other than a will, or upon petition of a settlor or beneficiary of the trust, the district court of the county in which [the] any trustee resides or conducts business [,] at the time of the filing of the petition or in which the trust has been domiciled [,] as of the time of the filing of the petition shall [consider the application to] assume jurisdiction of the trust as a proceeding in rem [.] unless another court has properly assumed continuing jurisdiction in rem in accordance with the laws of that jurisdiction and the district court determines that it is not appropriate for the district court to assume jurisdiction under the circumstances.

      2.  [If] For the purposes of this section, a trust is domiciled in this State notwithstanding that the trustee neither resides nor conducts business in this State if:

      (a) The trust instrument expressly provides that the situs of the trust is in this State or that a court in this State has jurisdiction over the trust;

      (b) A person has designated for the trust that this State is the situs or has jurisdiction, if such person made the designation at a time during which he or she held the power to make such a designation under the express terms of the trust instrument;

      (c) The trust owns an interest in real property located in this State;

      (d) The trust owns personal property, wherever situated, if the trustee is:

             (1) Incorporated or authorized to do business in this State;

             (2) A trust company licensed under chapter 669 of NRS;

             (3) A family trust company, as defined in NRS 669A.080; or

             (4) A national association having an office in this State;

      (e) One or more beneficiaries of the trust reside in this State; or

      (f) At least part of the administration of the trust occurs in this State.

      3.  Notwithstanding the provisions of this section, if a court of a jurisdiction other than this State has jurisdiction over a trust and grants an order authorizing a transfer of jurisdiction over that trust to this State, the district court has the power to assume jurisdiction over the trust and to otherwise supervise the administration of that trust in accordance with the procedures set forth in this title.

      4.  For the purposes of determining venue, preference is given in the following order:

      (a) To the county in which the situs or domicile was most recently declared by a person granted the power to make such a declaration under the terms of the trust instrument at the time of the filing of the petition;

 


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      (b) To the county in which the situs or domicile is declared in the trust instrument; and

      (c) To the county in which the situs or domicile is declared by the trustee at the time of the filing of the petition in a certification of the trust which complies with subsection 2 of NRS 164.400 and subsection 2 of NRS 164.410 and which contains a declaration of the trust’s situs or domicile as authorized in subsection 1 of NRS 164.410.

      5.  When the court [grants the petition,] assumes jurisdiction pursuant to this section, the court:

      (a) Has jurisdiction of the trust as a proceeding in rem [;] as of the date of the filing of the petition;

      (b) Shall be deemed to have personal jurisdiction over any trustee confirmed by the court and any person [pursuant to NRS 164.045;] appearing in the matter, unless such an appearance is made solely for the purpose of objecting to the jurisdiction of the court;

      (c) May confirm at the same time the appointment of the trustee and specify the manner in which the trustee must qualify; and

      (d) May consider at the same time granting orders on other matters relating to the trust, including, without limitation, matters that might be addressed in a declaratory judgment relating to the trust under subsection 2 of NRS 30.040 or petitions filed pursuant to NRS 153.031 or 164.015 whether such matters are raised in the petition to assume jurisdiction pursuant to this section or in one or more separate petitions that are filed concurrently with the petition to assume jurisdiction.

      [3.]6.  At any time, the trustee may petition the court for removal of the trust from continuing jurisdiction of the court.

      [4.  For the purposes of this section, a trust is domiciled:

      (a) In this State if there is a clear and sufficient nexus between the trust and this State pursuant to subsection 4 of NRS 164.045.

      (b) In a county of this State that provides the nexus required pursuant to paragraph (a) giving preference:

             (1) First, to the situs or domicile most recently declared by a person granted the power to make such a declaration under the terms of the trust instrument;

             (2) Second, to the situs or domicile declared in the trust instrument; and

             (3) Finally, to the situs or domicile declared by the trustee in a certification of the trust which complies with subsection 2 of NRS 164.400 and subsection 2 of NRS 164.410 and which contains a declaration of the trust’s situs or domicile as authorized in subsection 1 of NRS 164.410.

      5.]7.  As used in this section, “written instrument” includes, without limitation, an electronic trust as defined in NRS 163.0015.

      Sec. 52. NRS 164.045 is hereby amended to read as follows:

      164.045  1.  The laws of this State govern the validity and construction of a trust if:

      (a) The trust instrument so provides;

      (b) Designated by a person who, under the terms of the trust instrument, has the right to designate the laws that govern the validity and construction of the trust, at the time the designation is made; or

      (c) The trust instrument does not provide for the law that governs the validity and construction of the trust, a person designated under the terms of the trust instrument to designate the law that governs the validity and construction of the trust, if any, has not made such a designation and the settlor or the trustee of the trust was a resident of this State at the time the trust was created or at the time the trust became irrevocable.

 


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construction of the trust, if any, has not made such a designation and the settlor or the trustee of the trust was a resident of this State at the time the trust was created or at the time the trust became irrevocable.

Ê A trust instrument or designation cannot extend the duration of the trust beyond the rule against perpetuities otherwise applicable to the trust at the time of its creation.

      2.  A person not domiciled in this State may have the right to designate the laws that govern the validity and construction of a trust if properly designated under the trust instrument.

      3.  [If the district court, as defined in NRS 132.116, determines that there is a clear and sufficient nexus between a trust and this State, the court may assume jurisdiction during a proceeding conducted pursuant to NRS 164.010 unless:

      (a) Another court has properly assumed jurisdiction in accordance with the laws of that jurisdiction;

      (b) The trust instrument expressly provides that the situs of the trust is outside of this State or that a court of a jurisdiction other than this State has jurisdiction over the trust; or

      (c) A person has designated for the trust a situs or jurisdiction other than this State, if such person made the designation at a time during which he or she held the power to make such a designation under the express terms of the trust instrument.

      4.  For the purposes of this section, there is a clear and sufficient nexus between a trust and this State if:

      (a) The trust owns an interest in real property located in this State;

      (b) The trust owns personal property, wherever situated, if the trustee or cotrustee is:

             (1) A resident of this State;

             (2) Incorporated or authorized to do business in this State;

             (3) A trust company licensed under chapter 669 of NRS;

             (4) A family trust company, as defined in NRS 669A.080; or

             (5) A national association having an office in this State;

      (c) One or more beneficiaries of the trust reside in this State; or

      (d) At least part of the administration of the trust occurs in this State.

      5.  For paragraphs (c) and (d) of subsection 4 to apply with respect to a cotrustee, such cotrustee must have the authority to maintain records for the trust and to prepare income tax returns for the trust, even if such authority may also be exercised by another cotrustee.

      6.  Notwithstanding the provisions of this section, if a court of a jurisdiction other than this State has jurisdiction over a trust and grants an order authorizing a transfer of jurisdiction over the trust to this State, the district court has the power to assume jurisdiction over that trust and to otherwise supervise the administration of that trust in accordance with the procedures set forth in this title if the requirements of subsection 4 are satisfied.

      7.]  A trust, the situs of which is outside this State, that moves its situs to this State is valid whether or not the trust complies with the laws of this State at the time of its creation or after its creation.

      Sec. 53. NRS 165.030 is hereby amended to read as follows:

      165.030  [Within 75] An interested person to whom a trustee is required to account pursuant to this chapter may provide a written request to the trustee at any time 60 days or more after [a] the appointment of the trustee [receives possession of trust property, the trustee shall serve a copy of an inventory setting forth all the trust property which has come into the possession or knowledge of] which seeks a list of the assets of the trust estate known to the trustee.

 


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an inventory setting forth all the trust property which has come into the possession or knowledge of] which seeks a list of the assets of the trust estate known to the trustee. The trustee shall serve the [notice] information to the requesting interested party in the same manner required for notice, as set forth in NRS 155.010 [to each interested person and beneficiary to whom the trustee is required to account pursuant to this chapter.] within 15 days after receipt of the written request.

      Sec. 54. NRS 451.024 is hereby amended to read as follows:

      451.024  1.  The following persons, in the following order of priority, may order the burial or cremation of human remains of a deceased person:

      (a) A person designated as the person with authority to order the burial or cremation of the human remains of the decedent in a legally valid document or in an affidavit executed in accordance with subsection 9;

      (b) If the decedent was, at the time of death, on active duty as a member of the Armed Forces of the United States, a reserve component thereof or the National Guard, a person designated by the decedent in the United States Department of Defense Record of Emergency Data, DD Form 93, or its successor form, as the person authorized to direct disposition of the human remains of the decedent;

      (c) The spouse of the decedent;

      (d) An adult son or daughter of the decedent;

      (e) Either parent of the decedent;

      (f) An adult brother or sister of the decedent;

      (g) A grandparent of the decedent;

      (h) A guardian of the person of the decedent at the time of death; and

      (i) A person who meets the requirements of subsection 2.

      2.  Any other person may order the burial or cremation of the human remains of the decedent if the person:

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

      (b) Executes an affidavit affirming:

            (1) That he or she knew the decedent;

             (2) The length of time that he or she knew the decedent;

             (3) That he or she does not know the whereabouts of any of the persons specified in paragraphs (a) to (h), inclusive, of subsection 1; and

             (4) That he or she willingly accepts legal and financial responsibility for the burial or cremation of the human remains of the decedent.

      3.  If a person with authority to order the burial or cremation of the human remains of a decedent pursuant to paragraphs (c) to (h), inclusive, of subsection 1 has been arrested for or charged with murder, as defined in NRS 200.010, or voluntary manslaughter, as defined in NRS 200.050, in connection with the death of the decedent, the authority of the person to order the disposition of the human remains of the decedent is automatically relinquished and passes to the next person in order of priority pursuant to subsection 1.

      4.  If there is more than one person authorized to order the burial or cremation of the human remains of a decedent within a particular priority class pursuant to paragraphs (d) to (h), inclusive, of subsection 1, a funeral establishment or direct cremation facility may require a majority of the members of the priority class to agree upon a disposition of the remains of the decedent.

      5.  A person who accepts legal and financial responsibility for the burial or cremation of the human remains of a decedent as described in subparagraph (4) of paragraph (b) of subsection 2 does not have a claim against the estate of the decedent or against any other person for the cost of the burial or cremation.

 


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subparagraph (4) of paragraph (b) of subsection 2 does not have a claim against the estate of the decedent or against any other person for the cost of the burial or cremation.

      6.  If the deceased person was an indigent or other person for whom the final disposition of the decedent’s remains is a responsibility of a county or the State, the appropriate public officer may order the burial or cremation of the remains and provide for the respectful disposition of the remains.

      7.  If the deceased person donated his or her body for scientific research or, before the person’s death, a medical facility was made responsible for the final disposition of the person, a representative of the scientific institution or medical facility may order the burial or cremation of his or her remains.

      8.  A living person may order the burial or cremation of human remains removed from his or her body or the burial or cremation of his or her body after death. In the latter case, any person acting pursuant to his or her instructions is an authorized agent.

      9.  A person 18 years of age or older wishing to authorize another person to order the burial or cremation of his or her human remains in the event of the person’s death may include such an authorization in a validly executed will or durable power of attorney or may execute an affidavit before a notary public in substantially the following form:

 

State of Nevada                      }

                                                   }ss

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

                                                                                       (Date) .........................

      I, .............................., (person authorizing another person to order the burial or cremation of his or her human remains in the event of his or her death) do hereby designate .............................. (person who is being authorized to order the burial or cremation of the human remains of a person in the event of his or her death) to order the disposition of my human remains upon my death.

Subscribed and sworn to before me this ........

day of the month of ......... of the year ........

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

                          (Notary Public)

 

      10.  If the authorized person is not reasonably available or is unable to act as the authorized person, the right of the person to be the authorized person shall pass to the next person or category of persons in the order of priority pursuant to subsection 1.

      11.  It shall be presumed that an authorized person is not reasonably available to act as an authorized person in accordance with subsection 10 if the crematory, cemetery, funeral establishment or direct cremation facility, after exercising due diligence, has been unable to contact the person, or if the person has been unwilling or unable to make final arrangements for the burial or cremation of the human remains of the decedent, within 30 days after the initial contact or attempt to contact by the crematory, cemetery, funeral establishment or direct cremation facility.

      12.  If a person with a lower authorization priority than another person pursuant to subsection 1 has been authorized to order the burial or cremation of the human remains of a decedent and, subsequently, a person with a higher authorization priority makes an initial contact with the crematory, cemetery, funeral establishment or direct cremation facility and is available to perform the duties of an authorized person pursuant to this section before the final disposition of the decedent, the person with the higher authorization priority is the authorized person to order the burial or cremation of the human remains of the decedent.

 


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ê2017 Statutes of Nevada, Page 1700 (Chapter 311, AB 314)ê

 

cemetery, funeral establishment or direct cremation facility and is available to perform the duties of an authorized person pursuant to this section before the final disposition of the decedent, the person with the higher authorization priority is the authorized person to order the burial or cremation of the human remains of the decedent.

________

CHAPTER 312, AB 346

Assembly Bill No. 346–Assemblywoman Joiner

 

CHAPTER 312

 

[Approved: June 2, 2017]

 

AN ACT relating to child care; authorizing the operator of a small child care establishment to register with the Division of Welfare and Supportive Services of the Department of Health and Human Services; requiring certain persons who are employed at or otherwise present at a registered small child care establishment to undergo a criminal background check under certain circumstances; authorizing the Division of Public and Behavioral Health of the Department to collect from a child care facility or small child care establishment the costs relating to an investigation of a violation; providing for the inspection of such an establishment; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law defines the term “child care facility” to mean an establishment that provides child care to five or more children for compensation and certain other child care establishments. (NRS 432A.024) Section 2 of this bill defines the term “small child care establishment” to mean an establishment that furnishes child care to not more than four children unrelated to the operator for compensation, outside the home and the presence of the parent or guardian of any of the children and on a regular basis for at least 3 weeks. Section 3 of this bill authorizes a person or governmental entity that wishes to operate or operates a small child care establishment to register with the Division of Welfare and Supportive Services of the Department of Health and Human Services and submit certain information to the Division concerning employees and certain residents of the establishment.

      Existing law requires every applicant for and holder of a license to operate a child care facility, employee of such an applicant or licensee and certain adult residents of a child care facility to undergo a criminal background check conducted by the Division at least once every 5 years. (NRS 432A.170, 432A.175) If a criminal background check reveals that such a person has been convicted of certain crimes, the person must be terminated or otherwise prevented from having direct contact with children at the facility. (NRS 432A.1775) Sections 7.2-7.6 of this bill make these requirements applicable to operators, employees and certain adult residents of small child care establishments that are registered with the Division of Welfare and Supportive Services. Section 7.8 of this bill also requires an operator of such a small child care establishment to maintain certain records relating to those background checks.

      Section 7 of this bill authorizes the State Board of Health to adopt regulations to enforce the provisions relating to registration and background checks and to ensure the safe operation of registered small child care establishments. The Division of Public and Behavioral Health is authorized to impose a fine against any registered small child care establishment that violates the requirements or regulations. (NRS 432A.190)

 


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ê2017 Statutes of Nevada, Page 1701 (Chapter 312, AB 346)ê

 

      Existing law authorizes any authorized member or employee of the Division to enter and inspect any building or premises of a child care facility or the area of operation of an outdoor youth program at any time to secure compliance with or prevent a violation of applicable law. Section 8 of this bill extends those inspection provisions to include small child care establishments, whether registered or not. If a complaint against a child care facility or small child care establishment is substantiated, section 4.5 of this bill authorizes the Division to collect from the facility or establishment the costs of the Division relating to the violation, including the costs of any necessary inspection or investigation.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      Sec. 2. “Small child care establishment” means an establishment that furnishes care to not more than four children under 18 years of age who are not related to the operator of the establishment within the fourth degree of consanguinity or affinity:

      1.  For monetary compensation;

      2.  Outside the home and the presence of the parents or guardians of any of the children; and

      3.  For at least 6 hours each day, at least 4 days each week and more than 3 consecutive weeks.

      Sec. 3. 1.  A person, state or local government unit or agency thereof that wishes to operate or operates a small child care establishment may register the small child care establishment with the Division of Welfare and Supportive Services of the Department by submitting to the Division of Welfare and Supportive Services on the Internet website of the Division of Welfare and Supportive Services the following information:

      (a) The name, address and contact information of the operator of the small child care establishment;

      (b) The name and address of the small child care establishment;

      (c) An affirmation that the operator of the small child care establishment is in compliance with subsection 2; and

      (d) Such additional information as the Division of Welfare and Supportive Services deems necessary.

      2.  A person shall not serve as the operator of a registered small child care establishment if the person has been convicted of a crime listed in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect made against him or her.

      Sec. 4.  (Deleted by amendment.)

      Sec. 4.5. 1.  If a complaint against a child care facility, a small child care establishment or a person who operates a child care facility without a license, or a person who operates a small child care establishment, whether registered or not, is substantiated, the Division may charge and collect from the facility, establishment or person the actual cost incurred by the Division relating to the violation, including the actual cost of conducting an inspection or investigation of the facility, establishment or person.

 


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ê2017 Statutes of Nevada, Page 1702 (Chapter 312, AB 346)ê

 

      2.  Any money collected pursuant to subsection 1 may be used by the Division to administer and carry out the provisions of this chapter and the regulations adopted pursuant thereto.

      Sec. 5. (Deleted by amendment.)

      Sec. 6. NRS 432A.020 is hereby amended to read as follows:

      432A.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 432A.0205 to 432A.029, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 7. NRS 432A.077 is hereby amended to read as follows:

      432A.077  1.  The Board shall adopt:

      (a) Licensing standards for child care facilities.

      (b) In consultation with the State Fire Marshal, plans and requirements to ensure that each child care facility and its staff is prepared to respond to emergencies, including, without limitation:

             (1) The conducting of fire drills on a monthly basis;

             (2) The adoption of plans to respond to natural disasters and emergencies other than those involving fire; and

             (3) The adoption of plans to provide for evacuation of child care facilities in an emergency.

      (c) Any regulations necessary to carry out the provisions of section 3 of this act or to ensure the safe operation of small child care establishments.

      (d) Such other regulations as it deems necessary or convenient to carry out the provisions of this chapter.

      2.  The Board shall require that the practices and policies of each child care facility provide adequately for the protection of the health and safety and the physical, moral and mental well-being of each child accommodated in the facility.

      3.  If the Board finds that the practices and policies of a child care facility are substantially equivalent to those required by the Board in its regulations, it may waive compliance with a particular standard or other regulation by that facility.

      Sec. 7.2. NRS 432A.170 is hereby amended to read as follows:

      432A.170  1.  The Division may, upon receipt of an application for a license to operate a child care facility, conduct an investigation into the:

      (a) Buildings or premises of the facility and, if the application is for an outdoor youth program, the area of operation of the program;

      (b) Qualifications and background of the applicant or the employees of the applicant;

      (c) Method of operation for the facility; and

      (d) Policies and purposes of the applicant.

      2.  [The] Subject to the provisions of subsection 7, the Division shall secure from appropriate law enforcement agencies information on the background and personal history of every applicant, licensee [or] , operator of a small child care establishment, employee of an applicant , [or] licensee [,] or [every] small child care establishment, resident of a child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, to determine whether the person has been convicted of:

 


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ê2017 Statutes of Nevada, Page 1703 (Chapter 312, AB 346)ê

 

      (a) Murder, voluntary manslaughter or mayhem;

      (b) Any other felony involving the use of a firearm or other deadly weapon;

      (c) Assault with intent to kill or to commit sexual assault or mayhem;

      (d) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;

      (e) Abuse or neglect of a child or contributory delinquency;

      (f) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

      (g) Abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct; or

      (h) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property within the immediately preceding 7 years.

      3.  [The] Subject to the provisions of subsection 7, the Division shall request information concerning every applicant, licensee [or] , operator of a small child care establishment, employee of an applicant , [or] licensee [,] or [every] small child care establishment, resident of a child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, from:

      (a) The Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report pursuant to NRS 432A.175; and

      (b) The Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100 to determine whether there has been a substantiated report of child abuse or neglect made against any of them.

      4.  The Division may charge each person investigated pursuant to this section for the reasonable cost of that investigation.

      5.  The information required to be obtained pursuant to subsections 2 and 3 must be requested concerning an:

      (a) Employee of an applicant , [or] licensee [,] or small child care establishment, resident of a child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older not later than 3 days after the employee is hired, the residency begins or the participant begins participating in the program, and then at least once every 5 years thereafter.

      (b) Applicant at the time that an application is submitted for licensure, and then at least once every 5 years after the license is issued.

      (c) Operator of a small child care establishment before the operator begins operating the establishment, and then at least once every 5 years after the establishment begins operating.

      6.  A person who is required to submit to an investigation required pursuant to this section shall not have contact with a child in a child care facility without supervision before the investigation of the background and personal history of the person has been conducted.

 


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ê2017 Statutes of Nevada, Page 1704 (Chapter 312, AB 346)ê

 

facility without supervision before the investigation of the background and personal history of the person has been conducted.

      7.  The provisions of subsections 2, 3 and 5 apply to a small child care establishment and an operator of a small child care establishment if the operator of such an establishment has applied or registered with the Division of Welfare and Supportive Services of the Department pursuant to section 3 of this act.

      Sec. 7.4. NRS 432A.175 is hereby amended to read as follows:

      432A.175  1.  Subject to the provisions of subsection 2:

      (a) Every applicant for a license to operate a child care facility, licensee [and] , operator of a small child care establishment, employee of [such] an applicant , [or] licensee [, and every] or small child care establishment, resident of a child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, shall submit to the Division, or to the person or agency designated by the Division, to enable the Division to conduct an investigation pursuant to NRS 432A.170, a:

      [(a)](1) Complete set of fingerprints and a written authorization for the Division or its designee 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;

      [(b)](2) Written statement detailing any prior criminal convictions; and

      [(c)](3) Written authorization for the Division to obtain any information that may be available from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100.

      [2.](b) If an employee of an applicant for a license to operate a child care facility , [or] licensee [,] or small child care establishment, a resident of a child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, has been convicted of any crime listed in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect filed against him or her, the Division shall immediately notify the applicant , [or] licensee [,] or small child care establishment who shall then comply with the provisions of NRS 432A.1755.

      [3.](c) An applicant for a license to operate a child care facility , [or] licensee or operator of a small child care establishment shall notify the Division as soon as practicable but not later than 24 hours after hiring an employee, beginning the residency of a resident who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or beginning the participation of a participant in an outdoor youth program who is 18 years of age or older.

      [4.](d) An applicant for a license to operate a child care facility , [or] licensee or operator of a small child care establishment shall notify the Division within 2 days after receiving notice that:

      [(a)](1) The applicant, licensee or operator, an employee of the applicant , [or] licensee [,] or small child care establishment, a resident of the child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, or a facility , establishment or program operated by the applicant , [or] licensee [,] or operator is the subject of a lawsuit or any disciplinary proceeding; or

 


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ê2017 Statutes of Nevada, Page 1705 (Chapter 312, AB 346)ê

 

who is 18 years of age or older, or a facility , establishment or program operated by the applicant , [or] licensee [,] or operator is the subject of a lawsuit or any disciplinary proceeding; or

      [(b)](2) The applicant , [or] licensee [,] or operator or an employee, a resident or a participant has been charged with a crime listed in subsection 2 of NRS 432A.170 or is being investigated for child abuse or neglect.

      2.  The provisions of this section apply to a small child care establishment and an operator of a small child care establishment if the operator of such an establishment has applied or registered with the Division of Welfare and Supportive Services of the Department pursuant to section 3 of this act.

      Sec. 7.6. NRS 432A.1755 is hereby amended to read as follows:

      432A.1755  1.  Subject to the provisions of subsection 2:

      (a) Upon receiving information pursuant to NRS 432A.175 from the Central Repository for Nevada Records of Criminal History or the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100 or evidence from any other source that an employee of an applicant for a license to operate a child care facility , [or] a licensee [,] or a small child care establishment, a resident of a child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older has been convicted of a crime listed in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect made against him or her, the applicant , [or] licensee or operator of the small child care establishment shall terminate the employment of the employee or remove the resident from the facility or establishment or participant from the outdoor youth program after allowing the employee, resident or participant time to correct the information as required pursuant to [subsection 2.

      2.] paragraph (b).

      (b) If an employee, resident or participant believes that the information provided to the applicant , [or] licensee or operator pursuant to [subsection 1] paragraph (a) is incorrect, the employee, resident or participant must inform the applicant , [or] licensee or operator immediately. The applicant , [or] licensee or operator shall give any such employee, resident or participant 30 days to correct the information.

      [3.](c) During any period in which an employee, resident or participant seeks to correct information pursuant to [subsection 2,] paragraph (b), it is within the discretion of the applicant , [or] licensee or operator whether to allow the employee, resident or participant to continue to work for or reside at the child care facility or small child care establishment or participate in the outdoor youth program, as applicable, except that the employee, resident or participant shall not have contact with a child without supervision during such a period.

      2.  The provisions of this section apply to a small child care establishment and an operator of a small child care establishment if the operator of such an establishment has applied or registered with the Division of Welfare and Supportive Services of the Department pursuant to section 3 of this act.

 


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ê2017 Statutes of Nevada, Page 1706 (Chapter 312, AB 346)ê

 

      Sec. 7.8. NRS 432A.1785 is hereby amended to read as follows:

      432A.1785  1.  [Each] Subject to the provisions of subsection 3, each applicant for a license to operate a child care facility , [and] licensee and operator of a small child care establishment shall maintain records of the information concerning [its] employees of the child care facility or small child care establishment and any residents of the child care facility or small child care establishment who are 18 years of age or older, other than residents who remain under the jurisdiction of a court pursuant to NRS 432B.594, or participants in any outdoor youth program who are 18 years of age or older that is collected pursuant to NRS 432A.170 and 432A.175, including, without limitation:

      (a) A copy of the fingerprints that were submitted to the Central Repository for Nevada Records of Criminal History;

      (b) Proof that the applicant , [or] licensee or operator submitted fingerprints to the Central Repository for Nevada Records of Criminal History; and

      (c) The written authorization to obtain information from the Central Repository and the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100.

      2.  The records maintained pursuant to subsection 1 must be:

      (a) Maintained for the period of the employee’s employment with or the resident’s presence at the child care facility or small child care establishment or the participant’s presence in the outdoor youth program; and

      (b) Made available for inspection by the Division at any reasonable time and copies thereof must be furnished to the Division upon request.

      3.  The provisions of this section apply to a small child care establishment and an operator of a small child care establishment if the operator of such an establishment has registered with the Division of Welfare and Supportive Services of the Department pursuant to section 3 of this act.

      Sec. 8. NRS 432A.180 is hereby amended to read as follows:

      432A.180  1.  Any authorized member or employee of the Division may enter and inspect any building or premises of a child care facility or a small child care establishment, whether registered or not, or the area of operation of an outdoor youth program at any time to secure compliance with or prevent a violation of any provision of this chapter.

      2.  The State Fire Marshal or a designee of the State Fire Marshal shall, at least annually:

      (a) Enter and inspect every building or premises of a child care facility, on behalf of the Division; and

      (b) Observe and make recommendations regarding the drills conducted pursuant to NRS 432A.077,

Ê to secure compliance with standards for safety from fire and other emergencies.

      3.  The Chief Medical Officer or a designee of the Chief Medical Officer shall enter and inspect at least annually, every building or premises of a child care facility and area of operation of an outdoor youth program, on behalf of the Division, to secure compliance with standards for health and sanitation.

      4.  The annual inspection of any child care facility which occasionally or regularly has physical custody of children pursuant to the order of a court must include, without limitation, an inspection of all areas where food is prepared and served, bathrooms, areas used for sleeping, common areas and areas located outdoors that are used by children at the child care facility.

 


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ê2017 Statutes of Nevada, Page 1707 (Chapter 312, AB 346)ê

 

must include, without limitation, an inspection of all areas where food is prepared and served, bathrooms, areas used for sleeping, common areas and areas located outdoors that are used by children at the child care facility. The Chief Medical Officer shall publish reports of the inspections and make them available for public inspection upon request.

      Sec. 9.  (Deleted by amendment.)

      Sec. 10. NRS 432A.220 is hereby amended to read as follows:

      432A.220  Any person who operates a child care facility without a license issued pursuant to NRS 432A.131 to 432A.220, inclusive, and sections 3, 4.5 and 5 of this act is guilty of a misdemeanor.

      Sec. 11.  (Deleted by amendment.)

      Sec. 12.  This act becomes effective on July 1, 2017.

________

CHAPTER 313, AB 356

Assembly Bill No. 356–Assemblywoman Neal

 

CHAPTER 313

 

[Approved: June 2, 2017]

 

AN ACT relating to criminal procedure; revising the procedure for giving instructions to the jury; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a judge to charge the jury and governs the giving of certain instructions when cases are tried by a jury. Existing law also authorizes either party to present to the court any written charge and request that it be given to the jury. The court is then required to give such a charge if it thinks the charge is correct and pertinent. (NRS 175.161) This bill instead requires such a charge to be given if the court believes that the charge is both pertinent and an accurate statement of the law, regardless of whether the charge has been adopted as a model jury instruction.

 

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 1-8. (Deleted by amendment.)

      Sec. 9. NRS 175.161 is hereby amended to read as follows:

      175.161  1.  Upon the close of the argument, the judge shall charge the jury. The judge may state the testimony and declare the law, but may not charge the jury in respect to matters of fact. The charge must be reduced to writing before it is given, and no charge or instructions may be given to the jury otherwise than in writing, unless by the mutual consent of the parties. If either party requests it, the court must settle and give the instructions to the jury before the argument begins, but this does not prevent the giving of further instructions which may become necessary by reason of the argument.

      2.  In charging the jury, the judge shall state to them all such matters of law the judge thinks necessary for their information in giving their verdict.

      3.  Either party may present to the court any written charge, and request that it be given. If the court [thinks it correct and] believes that the charge is pertinent [,] and an accurate statement of the law, whether or not the charge has been adopted as a model jury instruction, it must be given .

 


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ê2017 Statutes of Nevada, Page 1708 (Chapter 313, AB 356)ê

 

pertinent [,] and an accurate statement of the law, whether or not the charge has been adopted as a model jury instruction, it must be given . [; if not,] If the court believes that the charge is not pertinent or not an accurate statement of law, then it must be refused.

      4.  An original and one copy of each instruction requested by any party must be tendered to the court. The copies must be numbered and indicate who tendered them. Copies of instructions given on the court’s own motion or modified by the court must be so identified. When requested instructions are refused, the judge shall write on the margin of the original the word “refused” and initial or sign the notation. The instructions given to the jury must be firmly bound together and the judge shall write the word “given” at the conclusion thereof and sign the last of the instructions to signify that all have been given. After the instructions are given, the judge may not clarify, modify or in any manner explain them to the jury except in writing unless the parties agree to oral instructions.

      5.  After the jury has reached a verdict and been discharged, the originals of all instructions, whether given, modified or refused, must be preserved by the clerk as part of the proceedings.

      6.  Conferences with counsel to settle instructions must be held out of the presence of the jury and may be held in chambers at the option of the court.

      7.  When the offense charged carries a possible penalty of life without possibility of parole a charge to the jury that such penalty does not exclude executive clemency is a correct and pertinent charge, and must be given upon the request of either party.

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

________

CHAPTER 314, AB 372

Assembly Bill No. 372–Assemblymen Bilbray-Axelrod, Ohrenschall and Cohen

 

Joint Sponsor: Senator Segerblom

 

CHAPTER 314

 

[Approved: June 2, 2017]

 

AN ACT relating to intercollegiate athletics; enacting the Revised Uniform Athlete Agents Act (2015); repealing the Uniform Athletes’ Agents Act; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law enacted and subsequently amended the Uniform Athletes’ Agents Act. Generally, the Uniform Athletes’ Agent Act requires an athlete agent to register with the Secretary of State and prohibits certain conduct by athlete agents. (NRS 398.400-398.620) This bill repeals the Uniform Athletes’ Agents Act and enacts the Revised Uniform Athlete Agents Act (2015), except that section 20.3 maintains existing law governing the applicability of the provisions of law governing athlete agents and section 20.7 maintains existing law governing the confidentiality of certain information or documents obtained by, or filed with, the Secretary of State.

 


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ê2017 Statutes of Nevada, Page 1709 (Chapter 314, AB 372)ê

 

      Section 5 of this bill generally defines an athlete agent subject to the provisions of the Revised Uniform Athlete Agents Act (2015) as an individual who: (1) directly or indirectly induces or attempts to induce a student athlete to enter an agency contract; (2) for compensation procures or attempts to procure employment for a student athlete as a professional athlete; (3) for compensation or the anticipation of compensation advises a student athlete on his or her finance or business affairs; or (4) in anticipation of representing a student athlete gives something of value to the athlete or another person.

      Section 22 of this bill prohibits an individual from acting as an athlete agent without registering with the Secretary of State. Section 23 of this bill requires an applicant for such registration to disclose certain information including, without limitation, training, experience and education, any conviction of a crime that involves moral turpitude or a felony, any administrative or judicial determination that the applicant has made a false or deceptive representation and whether the applicant’s license as an athlete agent has been denied, suspended or revoked in any state or has been the subject or cause of any sanction, suspension or declaration of ineligibility.

      Sections 23 and 24 of this bill require reciprocal registration of an athlete agent if: (1) the agent is issued a certificate of registration by another state and the registration has not been suspended or revoked; (2) no action involving the athlete agent’s conduct as an athlete agent is pending in any state; and (3) the application and registration requirements of the other state are substantially similar to or more restrictive than the law in this State.

      Section 29 of this bill maintains existing law by requiring the Secretary of State to establish by regulation fees for the registration or renewal of registration as an athlete agent.

      Sections 30-32 of this bill contain the requirements for entering an agency contract. Section 30 requires such a contract to include, without limitation, a statement that the athlete agent is registered in the state in which the contract is signed, list any other state in which the agent is registered and set forth compensation of the athlete agent. The contract must be accompanied by a separate record signed by the student athlete acknowledging that signing the contract may result in the loss of eligibility to participate in the athlete’s sport. Section 31 requires both the agent and the student athlete to give notice of the contract to the athletic director of the affected educational institution within 72 hours of signing the agreement or before the athlete’s next scheduled event, whichever occurs first. Section 31 further specifies additional circumstances under which an athlete agent or student athlete must notify an athletic director or educational institution of information concerning the relationship between the athlete agent and the student athlete. Section 32 provides a student athlete with a right to cancel an agency contract not more than 14 days after the contract is signed.

      Section 33 of this bill requires athlete agents to maintain executed contracts and other specified records for a period of 5 years, including information about represented individuals and recruitment.

      Section 34 of this bill prohibits an athlete agent from: (1) providing materially false or misleading information, promises or representations with the intent of influencing a student athlete to enter into an agency contract; (2) furnishing anything of value to a student athlete before that athlete enters into an agency contract; (3) furnishing anything of value to an individual other than a student athlete; (4) initiating contact with a student athlete unless registered under the Revised Uniform Athlete Agents Act (2015); (5) failing to create, retain or permit inspection of required records; (6) failing to register where required; (7) providing materially false or misleading information in an application for registration or renewal thereof; (8) predating or postdating an agency contract; (9) failing to notify a student athlete that signing an agency contract may make the student athlete ineligible to participate as a student athlete in that sport; or (10) encouraging another individual to take on behalf of the agent an action the agent is prohibited from taking. Section 35 of this bill provides that a person who violates any provision of section 34 of this bill is guilty of a misdemeanor and must be required to pay restitution. Section 36 of this bill authorizes a student athlete or educational institution to bring a civil action against an athlete agent for damages, and authorizes the student athlete or educational institution to be awarded actual damages, as well as costs and reasonable attorney’s fees.

 


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authorizes a student athlete or educational institution to bring a civil action against an athlete agent for damages, and authorizes the student athlete or educational institution to be awarded actual damages, as well as costs and reasonable attorney’s fees.

      Sections 39-41 of this bill revise provisions governing the enforcement of the Uniform Athletes’ Agents Act so that those provisions apply to the enforcement of the provisions of this bill. Section 40 further increases the maximum administrative fine that may be imposed by the Secretary of State from $25,000 to $50,000.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Title 34 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 38, inclusive, of this act.

      Sec. 2. NRS 398.600, 398.610 and 398.620 and sections 2 to 38, inclusive, of this act may be cited as the Revised Uniform Athlete Agents Act (2015).

      Sec. 3. As used in NRS 398.600, 398.610 and 398.620 and sections 2 to 38, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 20, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4. “Agency contract” means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the athlete a professional sports services contract or endorsement contract.

      Sec. 5. “Athlete agent”:

      1.  Means an individual, whether or not registered under NRS 398.600, 398.610 and 398.620 and sections 2 to 38, inclusive, of this act who:

      (a) Directly or indirectly recruits or solicits a student athlete to enter into an agency contract or, for compensation, procures employment or offers, promises, attempts or negotiates to obtain employment for a student athlete as a professional athlete or member of a professional sports team or organization;

      (b) For compensation or in anticipation of compensation related to a student athlete’s participation in athletics:

             (1) Serves the athlete in an advisory capacity on a matter related to finances, business pursuits or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution; or

             (2) Manages the business affairs of the athlete by providing assistance with bills, payments, contracts or taxes; or

      (c) In anticipation of representing a student athlete for a purpose related to the athlete’s participation in athletics:

             (1) Gives consideration to the student athlete or another person;

             (2) Serves the athlete in an advisory capacity on a matter related to finances, business pursuits or career management decisions; or

             (3) Manages the business affairs of the athlete by providing assistance with bills, payments, contracts or taxes; but

      2.  Does not include an individual who:

      (a) Acts solely on behalf of a professional sports team or organization; or

 


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      (b) Is a licensed, registered or certified professional and offers or provides services to a student athlete customarily provided by members of the profession, unless the individual:

             (1) Also recruits or solicits the athlete to enter into an agency contract;

             (2) Also, for compensation, procures employment or offers, promises, attempts or negotiates to obtain employment for the athlete as a professional athlete or member of a professional sports team or organization; or

             (3) Receives consideration for providing the services calculated using a different method than for an individual who is not a student athlete.

      Sec. 6. “Athletic director” means the individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.

      Sec. 7. “Educational institution” includes a public or private elementary school, secondary school, technical or vocational school, community college, college and university.

      Sec. 8. “Endorsement contract” means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the athlete may have because of publicity, reputation, following or fame obtained because of athletic ability or performance.

      Sec. 9. “Enrolled” means registered for courses and attending athletic practice or class. “Enrolls” has a corresponding meaning.

      Sec. 10. “Intercollegiate sport” means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association that promotes or regulates collegiate athletics.

      Sec. 11. “Interscholastic sport” means a sport played between educational institutions that are not community colleges, colleges or universities.

      Sec. 12. “Licensed, registered or certified professional” means an individual licensed, registered or certified as an attorney, dealer in securities, financial planner, insurance agent, real estate broker or sales agent, tax consultant, accountant or member of a profession, other than that of athlete agent, who is licensed, registered or certified by the state or a nationally recognized organization that licenses, registers or certifies members of the profession on the basis of experience, education or testing.

      Sec. 13. “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or other legal entity.

      Sec. 14. “Professional sports services contract” means an agreement under which an individual is employed as a professional athlete or agrees to render services as a player on a professional sports team or with a professional sports organization.

      Sec. 15. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

 


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      Sec. 16. “Recruit or solicit” means attempt to influence the choice of an athlete agent by a student athlete or, if the athlete is a minor, a parent or guardian of the athlete. The term does not include giving advice on the selection of a particular agent in a family, coaching or social situation unless the individual giving the advice does so because of the receipt or anticipated receipt of an economic benefit, directly or indirectly, from the agent.

      Sec. 17. “Registration” means registration as an athlete agent under NRS 398.600, 398.610 and 398.620 and sections 2 to 38, inclusive, of this act.

      Sec. 18. “Sign” means, with present intent to authenticate or adopt a record:

      1.  To execute or adopt a tangible symbol; or

      2.  To attach to or logically associate with the record an electronic symbol, sound or process.

      Sec. 19. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

      Sec. 20. “Student athlete” means an individual who is eligible to attend an educational institution and engages in, is eligible to engage in, or may be eligible in the future to engage in, any interscholastic or intercollegiate sport. The term does not include an individual permanently ineligible to participate in a particular interscholastic or intercollegiate sport for that sport.

      Sec. 20.3. 1.  The provisions of NRS 398.600, 398.610 and 398.620 and sections 2 to 38, inclusive, of this act apply to a person who sells or offers to sell his or her services as an athlete agent if the offer is:

      (a) Made in this State;

      (b) Accepted in this State;

      (c) Accepted by a resident of this State; or

      (d) Accepted by a student athlete who is enrolled at an educational institution.

      2.  For the purpose of this section, an offer is made in this State, whether or not either party is present in this State, if the offer:

      (a) Originates in this State; or

      (b) Is directed by the offeror to a destination in this State and received where it is directed, or at a post office in this State if the offer is mailed.

      3.  For the purpose of this section, an offer is accepted in this State if the acceptance:

      (a) Is communicated to the offeror in this State; and

      (b) Has not previously been communicated to the offeror, orally or in writing, outside this State.

Ê Acceptance is communicated to the offeror in this State, whether or not either party is present in this State, if the offeree directs it to the offeror in this State reasonably believing the offeror to be in this State and it is received where it is directed, or at any post office in this State if the acceptance is mailed.

      Sec. 20.7. 1.  Except as otherwise provided in subsections 2 and 3 and NRS 239.0115, the following information and documents do not constitute public information and are confidential:

      (a) Information or documents obtained by the Secretary of State in connection with an investigation conducted pursuant to NRS 398.600 concerning possible violations of NRS 398.600, 398.610 and 398.620 and sections 2 to 38, inclusive, of this act; and

 


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concerning possible violations of NRS 398.600, 398.610 and 398.620 and sections 2 to 38, inclusive, of this act; and

      (b) Information or documents filed with the Secretary of State in connection with an application for registration filed pursuant to NRS 398.600, 398.610 and 398.620 and sections 2 to 38, inclusive, of this act that constitute commercial or financial information, or business practices, of a person for which that person is entitled to and has asserted a claim of privilege or confidentiality authorized by law.

      2.  The Secretary of State may submit any information or evidence obtained in connection with an investigation conducted pursuant to NRS 398.600 to the Attorney General or appropriate district attorney for the purpose of prosecuting a criminal action pursuant to NRS 398.600, 398.610 and 398.620 and sections 2 to 38, inclusive, of this act.

      3.  The Secretary of State may disclose any information obtained in connection with an investigation conducted pursuant to NRS 398.600 to any other governmental agency if the disclosure is provided for the purpose of a civil, administrative or criminal investigation or proceeding and the receiving agency represents in writing that, under applicable law, protections exist to preserve the integrity, confidentiality and security of the information.

      4.  The provisions of NRS 398.600, 398.610 and 398.620 and sections 2 to 38, inclusive, of this act do not create any privilege and do not diminish any privilege existing pursuant to common law, a specific statute or regulation, or otherwise.

      Sec. 21. 1.  The Secretary of State may adopt regulations to carry out the provisions of NRS 398.600, 398.610 and 398.620 and sections 2 to 38, inclusive, of this act.

      2.  By acting as an athlete agent in this State, a nonresident individual appoints the Secretary of State as the individual’s agent for service of process in any civil action in this State related to the individual acting as an athlete agent in this State.

      3.  The Secretary of State may issue a subpoena for material that is relevant to the administration of NRS 398.600, 398.610 and 398.620 and sections 2 to 38, inclusive, of this act.

      Sec. 22. 1.  Except as otherwise provided in subsection 2, an individual may not act as an athlete agent in this State without holding a certificate of registration under NRS 398.600, 398.610 and 398.620 and sections 2 to 38, inclusive, of this act.

      2.  Before being issued a certificate of registration under NRS 398.600, 398.610 and 398.620 and sections 2 to 38, inclusive, of this act, an individual may act as an athlete agent in this State for all purposes except signing an agency contract if:

      (a) A student athlete or another person acting on behalf of the athlete initiates communication with the individual; and

      (b) Not later than 7 days after an initial act that requires the individual to register as an athlete agent, the individual submits an application for registration as an athlete agent in this State.

      3.  An agency contract resulting from conduct in violation of this section is void, and the athlete agent shall return any consideration received under the contract.

      Sec. 23. 1.  An applicant for registration as an athlete agent shall submit an application for registration to the Secretary of State in a form prescribed by the Secretary of State.

 


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prescribed by the Secretary of State. The applicant must be an individual, and the application must be signed by the applicant under penalty of perjury. The application must contain at least the following:

      (a) The name and date and place of birth of the applicant and the following contact information for the applicant:

             (1) The address of the applicant’s principal place of business;

             (2) Work and mobile telephone numbers; and

             (3) Any means of communicating electronically, including a facsimile number, electronic mail address, and personal and business or employer websites;

      (b) The name of the applicant’s business or employer, if applicable, including for each business or employer, its mailing address, telephone number, organization form and the nature of the business;

      (c) Each social media account with which the applicant or the applicant’s business or employer is affiliated;

      (d) Each business or occupation in which the applicant engaged within 5 years before the date of the application, including self-employment and employment by others, and any professional or occupational license, registration or certification held by the applicant during that time;

      (e) A description of the applicant’s:

             (1) Formal training as an athlete agent;

             (2) Practical experience as an athlete agent; and

             (3) Educational background relating to the applicant’s activities as an athlete agent;

      (f) The name of each student athlete for whom the applicant acted as an athlete agent within 5 years before the date of the application or, if the individual is a minor, the name of the parent or guardian of the minor, together with the athlete’s sport and last known team;

      (g) The name and address of each person that:

             (1) Is a partner, member, officer, manager, associate or profit sharer or directly or indirectly holds an equity interest of 5 percent or greater of the athlete agent’s business if it is not a corporation; and

             (2) Is an officer or director of a corporation employing the athlete agent or a shareholder having an interest of 5 percent or greater in the corporation;

      (h) A description of the status of any application by the applicant, or any person named under paragraph (g), for a state or federal business, professional or occupational license, other than as an athlete agent, from a state or federal agency, including any denial, refusal to renew, suspension, withdrawal or termination of the license and any reprimand or censure related to the license;

      (i) Whether the applicant, or any person named under paragraph (g), has pleaded guilty or no contest to, has been convicted of, or has charges pending for, a crime that would involve moral turpitude or be a felony if committed in this State and, if so, identification of:

             (1) The crime;

             (2) The law enforcement agency involved; and

             (3) If applicable, the date of the conviction and the fine or penalty imposed;

      (j) Whether, within 15 years before the date of application, the applicant, or any person named under paragraph (g), has been a defendant or respondent in a civil proceeding, including a proceeding seeking an adjudication of incompetence and, if so, the date and a full explanation of each proceeding;

 


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or respondent in a civil proceeding, including a proceeding seeking an adjudication of incompetence and, if so, the date and a full explanation of each proceeding;

      (k) Whether the applicant, or any person named under paragraph (g), has an unsatisfied judgment or a judgment of continuing effect, including spousal support or a domestic order in the nature of child support, which is not current at the date of the application;

      (l) Whether, within 10 years before the date of application, the applicant, or any person named under paragraph (g), was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt;

      (m) Whether there has been any administrative or judicial determination that the applicant, or any person named under paragraph (g), made a false, misleading, deceptive or fraudulent representation;

      (n) Each instance in which conduct of the applicant, or any person named under paragraph (g), resulted in the imposition of a sanction, suspension or declaration of ineligibility to participate in an interscholastic, intercollegiate or professional athletic event on a student athlete or a sanction on an educational institution;

      (o) Each sanction, suspension or disciplinary action taken against the applicant, or any person named under paragraph (g), arising out of occupational or professional conduct;

      (p) Whether there has been a denial of an application for, suspension or revocation of, refusal to renew, or abandonment of, the registration of the applicant, or any person named under paragraph (g), as an athlete agent in any state;

      (q) Each state in which the applicant currently is registered as an athlete agent or has applied to be registered as an athlete agent;

      (r) If the applicant is certified or registered by a professional league or players association:

             (1) The name of the league or association;

             (2) The date of certification or registration, and the date of expiration of the certification or registration, if any; and

             (3) If applicable, the date of any denial of an application for, suspension or revocation of, refusal to renew, withdrawal of, or termination of, the certification or registration or any reprimand or censure related to the certification or registration; and

      (s) Any additional information required by the Secretary of State.

      2.  Instead of proceeding under subsection 1, an individual registered as an athlete agent in another state may apply for registration as an athlete agent in this State by submitting to the Secretary of State:

      (a) A copy of the application for registration in the other state;

      (b) A statement that identifies any material change in the information on the application or verifies there is no material change in the information, signed under penalty of perjury;

      (c) A copy of the certificate of registration from the other state; and

      (d) The information required by section 25 of this act.

      3.  Except as otherwise provided in section 25 of this act, the Secretary of State shall issue a certificate of registration to an individual who applies for registration under subsection 2 if the Secretary of State determines:

      (a) The application and registration requirements of the other state are substantially similar to or more restrictive than NRS 398.600, 398.610 and 398.620 and sections 2 to 38, inclusive, of this act; and

 


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      (b) The registration has not been revoked or suspended and no action involving the individual’s conduct as an athlete agent is pending against the individual or the individual’s registration in any state.

      4.  For purposes of implementing subsection 3, the Secretary of State may:

      (a) Cooperate with national organizations concerned with athlete agent issues and agencies in other states which register athlete agents to develop a common registration form and determine which states have laws that are substantially similar to or more restrictive than NRS 398.600, 398.610 and 398.620 and sections 2 to 38, inclusive, of this act; and

      (b) Exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies.

      Sec. 24. 1.  Except as otherwise provided in subsection 2 and section 25 of this act, the Secretary of State shall issue a certificate of registration to an applicant for registration who complies with subsection 1 of section 23 of this act.

      2.  The Secretary of State may refuse to issue a certificate of registration to an applicant for registration under subsection 1 of section 23 of this act if the Secretary of State determines that the applicant has engaged in conduct that significantly adversely reflects on the applicant’s fitness to act as an athlete agent. In making the determination, the Secretary of State may consider whether the applicant has:

      (a) Pleaded guilty or no contest to, has been convicted of, or has charges pending for, a crime that would involve moral turpitude or be a felony if committed in this State;

      (b) Made a materially false, misleading, deceptive or fraudulent representation in the application or as an athlete agent;

      (c) Engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;

      (d) Engaged in conduct prohibited by section 34 of this act;

      (e) Had a registration as an athlete agent suspended, revoked or denied in any state;

      (f) Been refused renewal of registration as an athlete agent in any state;

      (g) Engaged in conduct resulting in imposition of a sanction, suspension or declaration of ineligibility to participate in an interscholastic, intercollegiate or professional athletic event on a student athlete or a sanction on an educational institution; or

      (h) Engaged in conduct that adversely reflects on the applicant’s credibility, honesty or integrity.

      3.  In making a determination under subsection 2, the Secretary of State shall consider:

      (a) How recently the conduct occurred;

      (b) The nature of the conduct and the context in which it occurred; and

      (c) Other relevant conduct of the applicant.

      4.  An athlete agent registered under subsection 1 may apply to renew the registration by submitting an application for renewal in a form prescribed by the Secretary of State. The applicant shall sign the application for renewal under penalty of perjury and include current information on all matters required in an original application for registration.

 


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application for renewal under penalty of perjury and include current information on all matters required in an original application for registration.

      5.  An athlete agent registered under subsection 3 of section 23 of this act may renew the registration by proceeding under subsection 4 or, if the registration in the other state has been renewed, by submitting to the Secretary of State copies of the application for renewal in the other state, the renewed registration from the other state and the information required by section 25 of this act. Except as otherwise provided in section 25 of this act, the Secretary of State shall renew the registration if the Secretary of State determines:

      (a) The registration requirements of the other state are substantially similar to or more restrictive than NRS 398.600, 398.610 and 398.620 and sections 2 to 38, inclusive, of this act; and

      (b) The renewed registration has not been suspended or revoked and no action involving the individual’s conduct as an athlete agent is pending against the individual or the individual’s registration in any state.

      6.  A certificate of registration or renewal of registration under NRS 398.600, 398.610 and 398.620 and sections 2 to 38, inclusive, of this act is valid for 2 years.

      Sec. 25. 1.  In addition to any other requirements set forth in this chapter:

      (a) An individual who applies for registration or the renewal of registration as an athlete agent pursuant to section 23 or 24 of this act, respectively, must include the social security number of the applicant in the application submitted to the Secretary of State.

      (b) An applicant described in paragraph (a) shall submit to the Secretary of State 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 Secretary of State shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for registration or the renewal of registration as an athlete agent; or

      (b) A separate form prescribed by the Secretary of State.

      3.  Registration as an athlete agent may not be issued or renewed by the Secretary of State 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 Secretary of State 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. 26. 1.  If the Secretary of State receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to an individual who is registered as an athlete agent, the Secretary of State shall deem the registration to be suspended at the end of the 30th day after the date on which the court order was issued unless the Secretary of State receives a letter issued to the registrant by the district attorney or other public agency pursuant to NRS 425.550 stating that the registrant has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Secretary of State shall reinstate a registration as an athlete agent that has been suspended by a district court pursuant to NRS 425.540 if the Secretary of State receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the individual whose registration was suspended stating that the person whose registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 27. 1.  The Secretary of State may limit, suspend, revoke or refuse to renew a registration of an individual registered under subsection 1 of section 24 of this act for conduct that would have justified refusal to issue a certificate of registration under subsection 2 of section 24 of this act.

      2.  The Secretary of State may suspend or revoke the registration of an individual registered under subsection 3 of section 23 of this act or renewed under subsection 5 of section 24 of this act for any reason for which the Secretary of State could have refused to grant or renew registration or for conduct that would justify refusal to issue a certificate of registration under subsection 2 of section 24 of this act.

      Sec. 28. The Secretary of State may issue a temporary certificate of registration as an athlete agent while an application for registration or renewal of registration is pending.

      Sec. 29. The Secretary of State shall adopt regulations establishing fees for:

      1.  An initial application for registration.

      2.  Registration based on a certificate of registration issued by another state.

      3.  An application for renewal of registration.

      4.  Renewal of registration based on a renewal of registration in another state.

      Sec. 30. 1.  An agency contract must be in a record signed by the parties.

      2.  An agency contract must contain:

      (a) A statement that the athlete agent is registered as an athlete agent in this State and a list of any other states in which the agent is registered as an athlete agent;

      (b) The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the agent under the contract and any other consideration the agent has received or will receive from any other source for entering into the contract or providing the services;

 


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      (c) The name of any person not listed in the agent’s application for registration or renewal of registration which will be compensated because the athlete signed the contract;

      (d) A description of any expenses the athlete agrees to reimburse;

      (e) A description of the services to be provided to the athlete;

      (f) The duration of the contract; and

      (g) The date of execution.

      3.  Subject to subsection 7, an agency contract must contain a conspicuous notice in boldface type and in substantially the following form:

 

WARNING TO STUDENT ATHLETE

IF YOU SIGN THIS CONTRACT:

       (a) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;

       (b) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER SIGNING THIS CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR THAT YOU HAVE ENTERED INTO THIS CONTRACT AND PROVIDE THE NAME AND CONTACT INFORMATION OF THE ATHLETE AGENT; AND

       (c) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY AS A STUDENT ATHLETE IN YOUR SPORT.

 

      4.  An agency contract must be accompanied by a separate record signed by the student athlete or, if the athlete is a minor, the parent or guardian of the athlete acknowledging that signing the contract may result in the loss of the athlete’s eligibility to participate in the athlete’s sport.

      5.  A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may void an agency contract that does not conform to this section. If the contract is voided, any consideration received from the athlete agent under the contract to induce entering into the contract is not required to be returned.

      6.  At the time an agency contract is executed, the athlete agent shall give the student athlete or, if the athlete is a minor, the parent or guardian of the athlete a copy in a record of the contract and the separate acknowledgment required by subsection 4.

      7.  If a student athlete is a minor, an agency contract must be signed by the parent or guardian of the minor and the notice required by subsection 3 must be revised accordingly.

      Sec. 31. 1.  Not later than 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the athlete is enrolled or at which the agent has reasonable grounds to believe the athlete intends to enroll.

 


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      2.  Not later than 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete shall inform the athletic director of the educational institution at which the athlete is enrolled that the athlete has entered into an agency contract and the name and contact information of the athlete agent.

      3.  If an athlete agent enters into an agency contract with a student athlete and the athlete subsequently enrolls at an educational institution, the agent shall notify the athletic director of the institution of the existence of the contract not later than 72 hours after the agent knew or should have known the athlete enrolled.

      4.  If an athlete agent has a relationship with a student athlete before the athlete enrolls in an educational institution and receives an athletic scholarship from the institution, the agent shall notify the institution of the relationship not later than 10 days after the enrollment if the agent knows or should have known of the enrollment and:

      (a) The relationship was motivated in whole or part by the intention of the agent to recruit or solicit the athlete to enter an agency contract in the future; or

      (b) The agent directly or indirectly recruited or solicited the athlete to enter an agency contract before the enrollment.

      5.  An athlete agent shall give notice in a record to the athletic director of any educational institution at which a student athlete is enrolled before the agent communicates or attempts to communicate with:

      (a) The athlete or, if the athlete is a minor, a parent or guardian of the athlete, to influence the athlete or parent or guardian to enter into an agency contract; or

      (b) Another individual to have that individual influence the athlete or, if the athlete is a minor, the parent or guardian of the athlete to enter into an agency contract.

      6.  If a communication or attempt to communicate with an athlete agent is initiated by a student athlete or another individual on behalf of the athlete, the agent shall notify in a record the athletic director of any educational institution at which the athlete is enrolled. The notification must be made not later than 10 days after the communication or attempt.

      7.  An educational institution that becomes aware of a violation of NRS 398.600, 398.610 and 398.620 and sections 2 to 38, inclusive, of this act by an athlete agent shall notify the Secretary of State and any professional league or players association with which the institution is aware the agent is licensed or registered of the violation.

      8.  As used in this section, “communicating or attempting to communicate” means contacting or attempting to contact by an in-person meeting, a record or any other method that conveys or attempts to convey a message.

      Sec. 32. 1.  A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may cancel an agency contract by giving notice in a record of cancellation to the athlete agent not later than 14 days after the contract is signed.

      2.  A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may not waive the right to cancel an agency contract.

 


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      3.  If a student athlete, parent or guardian cancels an agency contract, the athlete, parent or guardian is not required to pay any consideration under the contract or return any consideration received from the athlete agent to influence the athlete to enter into the contract.

      Sec. 33. 1.  An athlete agent shall create and retain for 5 years records of the following:

      (a) The name and address of each individual represented by the agent;

      (b) Each agency contract entered into by the agent; and

      (c) The direct costs incurred by the agent in the recruitment or solicitation of each student athlete to enter into an agency contract.

      2.  Records described in subsection 1 are open to inspection by the Secretary of State during normal business hours.

      Sec. 34. 1.  An athlete agent, with the intent to influence a student athlete or, if the athlete is a minor, a parent or guardian of the athlete to enter into an agency contract, may not take any of the following actions or encourage any other individual to take or assist any other individual in taking any of the following actions on behalf of the agent:

      (a) Give materially false or misleading information or make a materially false promise or representation;

      (b) Furnish anything of value to the athlete before the athlete enters into the contract; or

      (c) Furnish anything of value to an individual other than the athlete or another registered athlete agent.

      2.  An athlete agent may not intentionally do any of the following or encourage any other individual to do any of the following on behalf of the agent:

      (a) Initiate contact, directly or indirectly, with a student athlete or, if the athlete is a minor, a parent or guardian of the athlete, to recruit or solicit the athlete, parent or guardian to enter an agency contract unless registered under NRS 398.600, 398.610 and 398.620 and sections 2 to 38, inclusive, of this act;

      (b) Fail to create or retain or to permit inspection of the records required by section 33 of this act;

      (c) Fail to register when required by section 22 of this act;

      (d) Provide materially false or misleading information in an application for registration or renewal of registration;

      (e) Predate or postdate an agency contract; or

      (f) Fail to notify a student athlete or, if the athlete is a minor, a parent or guardian of the athlete, before the athlete, parent or guardian signs an agency contract for a particular sport that the signing may make the athlete ineligible to participate as a student athlete in that sport.

      3.  The provisions of NRS 398.600, 398.610 and 398.620 and sections 2 to 38, inclusive, of this act do not limit the power of the State of Nevada to punish a person for conduct that constitutes a crime pursuant to any other law.

      Sec. 35. An athlete agent who violates section 34 of this act is guilty of a misdemeanor and shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $50,000 or by both fine and imprisonment. In addition to any other penalty, the court shall order the person to pay restitution.

      Sec. 36. 1.  An educational institution or student athlete may bring an action for damages against an athlete agent if the institution or athlete is adversely affected by an act or omission of the agent in violation of NRS 398.600, 398.610 and 398.620 and sections 2 to 38, inclusive, of this act.

 


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ê2017 Statutes of Nevada, Page 1722 (Chapter 314, AB 372)ê

 

is adversely affected by an act or omission of the agent in violation of NRS 398.600, 398.610 and 398.620 and sections 2 to 38, inclusive, of this act. An educational institution or student athlete is adversely affected by an act or omission of the agent only if, because of the act or omission, the institution or an individual who was a student athlete at the time of the act or omission and enrolled in the institution:

      (a) Is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports; or

      (b) Suffers financial damage.

      2.  A plaintiff that prevails in an action under this section may recover actual damages and costs and reasonable attorney’s fees. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student athlete and shall refund any consideration paid to the agent by or on behalf of the athlete.

      Sec. 37. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

      Sec. 38. NRS 398.600, 398.610 and 398.620 and sections 2 to 38, inclusive, of this act modify, limit or supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but do not modify, limit or supersede Section 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. § 7003(b).

      Sec. 39. NRS 398.600 is hereby amended to read as follows:

      398.600  1.  The Secretary of State may, within or outside this state:

      (a) Investigate any violation of:

             (1) A provision of NRS [398.400 to] 398.600, 398.610 and 398.620 [, inclusive;] and sections 2 to 38, inclusive, of this act;

             (2) A regulation adopted by the Secretary of State pursuant to NRS [398.400 to] 398.600, 398.610 and 398.620 [, inclusive;] and sections 2 to 38, inclusive, of this act; or

             (3) An order denying, suspending or revoking the effectiveness of a registration, or an order to cease and desist, issued by the Secretary of State pursuant to NRS [398.400 to] 398.600, 398.610 and 398.620 [, inclusive.] and sections 2 to 38, inclusive, of this act.

      (b) Conduct such other investigations as the Secretary of State finds necessary to aid in the enforcement of NRS [398.400 to] 398.600, 398.610 and 398.620 [, inclusive,] and sections 2 to 38, inclusive, of this act and any regulation or order adopted or issued by the Secretary of State pursuant thereto.

      2.  If the Secretary of State determines that a violation specified in paragraph (a) of subsection 1 has occurred, the Attorney General may prosecute the violation at the request of the Secretary of State.

      3.  If the Attorney General declines to prosecute such a violation, the district attorney of the appropriate county may prosecute the violation at the request of the Secretary of State.

      Sec. 40. NRS 398.610 is hereby amended to read as follows:

      398.610  1.  If the Secretary of State reasonably believes, whether or not based upon an investigation conducted pursuant to NRS 398.600, that a person has violated, or is about to violate, any provision of NRS [398.400 to] 398.600, 398.610 and 398.620 [, inclusive,] and sections 2 to 38, inclusive, of this act or any regulation or order of the Secretary of State adopted or issued pursuant to NRS [398.400 to] 398.600, 398.610

 


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ê2017 Statutes of Nevada, Page 1723 (Chapter 314, AB 372)ê

 

person has violated, or is about to violate, any provision of NRS [398.400 to] 398.600, 398.610 and 398.620 [, inclusive,] and sections 2 to 38, inclusive, of this act or any regulation or order of the Secretary of State adopted or issued pursuant to NRS [398.400 to] 398.600, 398.610 and 398.620 [, inclusive,] and sections 2 to 38, inclusive, of this act, the Secretary of State, in addition to any specific power granted by NRS [398.400 to] 398.600, 398.610 and 398.620 [, inclusive,] and sections 2 to 38, inclusive, of this act may, without a prior hearing, issue a summary order against the person, directing the person to cease and desist from any further acts that constitute or would constitute such a violation until he or she is in compliance with NRS [398.400 to] 398.600, 398.610 and 398.620 [, inclusive.] and sections 2 to 38, inclusive, of this act. The summary order to cease and desist must specify the section of NRS [398.400 to] 398.600, 398.610 and 398.620 [, inclusive,] and sections 2 to 38, inclusive, of this act or the regulation or order of the Secretary of State adopted or issued pursuant to NRS [398.400 to] 398.600, 398.610 and 398.620 [, inclusive,] and sections 2 to 38, inclusive, of this act which the Secretary of State reasonably believes has been or is about to be violated.

      2.  If the Secretary of State reasonably believes, whether or not based upon an investigation conducted pursuant to NRS 398.600, that a person has violated any provision of NRS [398.400 to] 398.600, 398.610 and 398.620 [, inclusive,] and sections 2 to 38, inclusive, of this act or any regulation or order of the Secretary of State adopted or issued pursuant to NRS [398.400 to] 398.600, 398.610 and 398.620 [, inclusive,] and sections 2 to 38, inclusive, of this act, the Secretary of State, in addition to any specific power granted by NRS [398.400 to] 398.600, 398.610 and 398.620 [, inclusive,] and sections 2 to 38, inclusive, of this act after giving notice by registered or certified mail and conducting a hearing in an administrative proceeding, unless the right to notice and hearing is waived by the person against whom the sanction is imposed, may:

      (a) Issue an order against the person to cease and desist;

      (b) Censure the person if he or she is a registered [athlete’s] athlete agent;

      (c) Suspend, revoke or refuse to renew the registration of the person as an [athlete’s] athlete agent; or

      (d) If it is determined that the violation was willful, issue an order against the person imposing an administrative fine of not more than [$25,000.] $50,000.

      3.  If the person to whom notice is given pursuant to subsection 2 does not request a hearing within 45 days after receipt of the notice, the person waives his or her right to a hearing and the Secretary of State shall issue a permanent order. If the person requests a hearing, the Secretary of State shall set the matter for hearing not less than 15 or more than 60 days after the Secretary of State receives the request for a hearing. The Secretary of State shall promptly notify the parties by registered or certified mail of the time and place set for the hearing.

      4.  The imposition of the sanctions provided in this section is limited as follows:

      (a) If the Secretary of State revokes the registration of an [athlete’s] athlete agent, the imposition of that sanction precludes the imposition of an administrative fine pursuant to subsection 2; and

 


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ê2017 Statutes of Nevada, Page 1724 (Chapter 314, AB 372)ê

 

      (b) The imposition by the Secretary of State of one or more sanctions pursuant to subsection 2 with respect to a specific violation precludes the Secretary of State from later imposing any other sanction pursuant to subsection 2 with respect to that violation.

      5.  For the purpose of determining any sanction to be imposed pursuant to subsection 2, the Secretary of State shall consider, among other factors, how recently the conduct occurred, the nature of the conduct and the context in which it occurred, and any other relevant conduct of the applicant.

      6.  If a sanction is imposed pursuant to this section, the Secretary of State may recover the costs of the proceeding, including, without limitation, investigative costs and attorney’s fees, from the person against whom the sanction is imposed.

      Sec. 41. NRS 398.620 is hereby amended to read as follows:

      398.620  1.  For the purposes of an investigation or proceeding pursuant to NRS [398.400 to] 398.600, 398.610 and 398.620 [, inclusive,] and sections 2 to 38, inclusive, of this act, the Secretary of State or any officer or employee designated by the Secretary of State by regulation, order or written direction may conduct hearings, administer oaths and affirmations, render findings of fact and conclusions of law, subpoena witnesses and compel their attendance, take evidence and require the production, by subpoena or otherwise, of books, papers, correspondence, memoranda, agreements or other documents or records which the Secretary of State or the Secretary of State’s designated officer or employee determines to be relevant or material to the investigation or proceeding. A person whom the Secretary of State or a designated officer or employee does not consider to be the subject of an investigation is entitled to reimbursement at the rate of 25 cents per page for copies of documents which he or she is required by subpoena to produce. The Secretary of State or a designated officer or employee may require or permit a person to file a statement, under oath or otherwise as the Secretary of State or a designated officer or employee determines, as to the facts and circumstances concerning the matter to be investigated.

      2.  If the activities constituting an alleged violation for which the information is sought would be a violation of NRS [398.400 to] 398.600, 398.610 and 398.620 [, inclusive,] and sections 2 to 38, inclusive, of this act had the activities occurred in this state, the Secretary of State may issue and apply to enforce subpoenas in this state at the request of an agency or Secretary of State of another state.

      3.  If a person does not testify or produce the documents required by the Secretary of State or a designated officer or employee pursuant to subpoena, the Secretary of State or designated officer or employee may apply to the court for an order compelling compliance. A request for an order of compliance may be addressed to:

      (a) The district court in and for the county where service may be obtained on the person refusing to testify or produce the documents, if the person is subject to service of process in this state; or

      (b) A court of another state having jurisdiction over the person refusing to testify or produce the documents, if the person is not subject to service of process in this state.

 


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ê2017 Statutes of Nevada, Page 1725 (Chapter 314, AB 372)ê

 

      Sec. 42. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 41.071, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 130.712, 136.050, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, [398.403,] 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 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.

 


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ê2017 Statutes of Nevada, Page 1726 (Chapter 314, AB 372)ê

 

647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 20.7 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

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

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

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

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

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

      Sec. 43.  A person who holds a certificate of registration as an athlete’s agent which was issued pursuant to NRS 398.400 to 398.620, inclusive, before July 1, 2017, and which is not expired or revoked must be deemed to hold a certificate of registration as an athlete agent issued pursuant to sections 2 to 38, inclusive, of this act.

      Sec. 43.5.  The regulation of the Secretary of State which is codified as NAC 398.100 remains in effect and may be enforced until the Secretary of State adopts a regulation to repeal or replace that regulation.

      Sec. 44. NRS 398.400, 398.402, 398.403, 398.404, 398.408, 398.412, 398.416, 398.420, 398.424, 398.428, 398.432, 398.436, 398.440, 398.444, 398.446, 398.448, 398.452, 398.456, 398.460, 398.464, 398.468, 398.472, 398.476, 398.480, 398.482, 398.484, 398.488, 398.490, 398.492 and 398.496 are hereby repealed.

 


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ê2017 Statutes of Nevada, Page 1727 (Chapter 314, AB 372)ê

 

      Sec. 45.  1.  This act becomes effective on July 1, 2017.

      2.  Sections 25 and 26 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

________

CHAPTER 315, AB 424

Assembly Bill No. 424–Assemblyman Sprinkle

 

CHAPTER 315

 

[Approved: June 2, 2017]

 

AN ACT relating to the determination of death; revising provisions relating to the determination of brain death; revising provisions relating to the use of organ-sustaining treatment on a person determined to be brain dead under certain circumstances; requiring reasonable efforts to be made to inform the family or authorized representative of a person declared brain dead regarding the determination and the potential costs of continuing the administration of organ-sustaining treatment on the person; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that a person is dead if it is determined that the person has either sustained irreversible cessation of: (1) circulatory and respiratory functions; or (2) all brain function, including the function of his or her brain stem. Existing law further provides that such a determination must be made in accordance with accepted medical standards. (NRS 451.007) Section 2 of this bill requires that a determination of brain death be made in accordance with the applicable guidelines set forth in: (1) “Evidence-based Guideline Update: Determining Brain Death in Adults: Report of the Quality Standards Subcommittee of the American Academy of Neurology,” published by the American Academy of Neurology, or subsequent revisions approved by the Academy; or (2) “Guidelines for the Determination of Brain Death in Infants and Children: An Update of the 1987 Task Force Recommendations,” published by the Pediatric Section of the Society of Critical Care Medicine or subsequent revisions approved by the Pediatric Section. Section 1 of this bill provides that consent from the person’s authorized representative or authorized family member is not required to make a determination of brain death. Section 1 prohibits the withdrawal of organ-sustaining treatment from a person determined to be brain dead if that person: (1) is pregnant and it is probable that the pregnancy will result in a live birth with continued use of organ-sustaining treatment; or (2) is an organ donor. Section 1 also requires that: (1) after a person is declared brain dead, reasonable efforts must be made to inform the person’s family or authorized representative of such determination; and (2) the health care facility inform the person’s family or authorized representative that the cost for continued administration of organ-sustaining treatment for the person declared brain dead may become the responsibility of the person’s estate or family.

 


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ê2017 Statutes of Nevada, Page 1728 (Chapter 315, AB 424)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 451 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A determination of the death of a person made pursuant to paragraph (b) of subsection 1 of NRS 451.007 is a clinical decision that does not require the consent of the person’s authorized representative or the family member with the authority to consent or withhold consent.

      2.  Organ-sustaining treatment must not be withheld or withdrawn from a person determined to be dead pursuant to paragraph (b) of subsection 1 of NRS 451.007 who is known to the attending physician to be:

      (a) Pregnant, so long as it is probable that the fetus will develop to the point of live birth with continued application of organ-sustaining treatment; or

      (b) A donor or potential donor of an anatomical gift, for the amount of time necessary to successfully recover the anatomical gift.

      3.  After a determination of the death of a person is made pursuant to paragraph (b) of subsection 1 of NRS 451.007, reasonable efforts must be made:

      (a) By the person’s provider of health care to notify a family member or other authorized representative of the person of the determination of death; and

      (b) By the health care facility in which the determination of death was made to inform a family member or other authorized representative of the person that the potential costs of continuing to administer organ-sustaining treatment may become the responsibility of the person’s estate or family.

      4.  As used in this section:

      (a) “Anatomical gift” has the meaning ascribed to it in NRS 451.513.

      (b) “Organ-sustaining treatment” means a medical procedure or intervention conducted after a person has been determined to be dead pursuant to paragraph (b) of subsection 1 of NRS 451.007 that serves only to prolong the viability of the organs of the person or a fetus carried by the person.

      Sec. 2. NRS 451.007 is hereby amended to read as follows:

      451.007  1.  For legal and medical purposes, a person is dead if the person has sustained an irreversible cessation of:

      (a) Circulatory and respiratory functions; or

      (b) All functions of the person’s entire brain, including his or her brain stem.

      2.  A determination of death made under [this section] :

      (a) Paragraph (a) of subsection 1 must be made in accordance with accepted medical standards.

      [3.  This section may be cited as the Uniform Determination of Death Act and]

      (b) Paragraph (b) of subsection 1 must be [applied and construed to carry out its general purpose which is to make uniform among the states which enact it the law regarding the determination of death.] made in accordance with the applicable guidelines set forth in:

 


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ê2017 Statutes of Nevada, Page 1729 (Chapter 315, AB 424)ê

 

             (1) “Evidence-based Guideline Update: Determining Brain Death in Adults: Report of the Quality Standards Subcommittee of the American Academy of Neurology,” published June 8, 2010, by the American Academy of Neurology, or any subsequent revisions approved by the American Academy of Neurology or its successor organization; or

             (2) “Guidelines for the Determination of Brain Death in Infants and Children: An Update of the 1987 Task Force Recommendations,” published January 27, 2012, by the Pediatric Section of the Society of Critical Care Medicine, or any subsequent revisions approved by the Pediatric Section of the Society of Critical Care Medicine or its successor organization.

________

CHAPTER 316, SB 136

Senate Bill No. 136–Senators Woodhouse, Ford, Atkinson, Parks, Manendo; Cancela, Cannizzaro, Denis, Farley, Hardy, Ratti, Segerblom and Spearman

 

CHAPTER 316

 

[Approved: June 2, 2017]

 

AN ACT relating to health care; creating the State of Nevada Advisory Council on Palliative Care and Quality of Life; authorizing the Council to apply for and accept certain money; establishing the Palliative Care and Quality of Life Consumer and Professional Information and Education Program within the Department of Health and Human Services; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Sections 7 and 8 of this bill create the State of Nevada Advisory Council on Palliative Care and Quality of Life within the Department of Health and Human Services and prescribe the qualifications and duties of members of the Council. Section 9 of this bill authorizes the Council to apply for grants and accept gifts, grants, appropriations or donations. Section 10 of this bill establishes the Palliative Care and Quality of Life Consumer and Professional Information and Education Program within the Department. Section 12 of this bill requires the Director of the Department to encourage hospitals, assisted living facilities and facilities for skilled nursing with 100 beds or more to educate their physicians, nurses and clinical staff members regarding palliative care and provide information to patients or residents regarding palliative care.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 232 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.

      Sec. 2. As used in sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

 


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ê2017 Statutes of Nevada, Page 1730 (Chapter 316, SB 136)ê

 

      Sec. 3.  “Council” means the State of Nevada Advisory Council on Palliative Care and Quality of Life created by section 7 of this act.

      Sec. 4.  “Palliative care” means a multidisciplinary and patient- and family-centered approach to specialized medical care for a person with a serious illness, which approach focuses on the care of a patient throughout the continuum of an illness and involves addressing the physical, emotional, social and spiritual needs of the patient, as well as facilitating patient autonomy, access to information and choice of care. The term includes, without limitation, discussion of the goals of the patient for treatment and discussion of treatment options appropriate to the patient, including, where appropriate, hospice care and comprehensive management of pain and symptoms.

      Sec. 5.  “Program” means the Palliative Care and Quality of Life Consumer and Professional Information and Education Program established by section 10 of this act.

      Sec. 6.  “Serious illness” means a medical illness, physical injury or condition that substantially affects the quality of life of a person for more than a short period of time. A serious illness includes, without limitation, Alzheimer’s disease and related dementias, cancer, lung disease, heart, renal or liver failure and similar conditions or diseases.

      Sec. 7.  1.  The State of Nevada Advisory Council on Palliative Care and Quality of Life is hereby created within the Department.

      2.  The Director shall appoint such number of members of the Council as he or she determines is appropriate to carry out the provisions of sections 2 to 10, inclusive, of this act, but not less than nine members as follows:

      (a) Two members with experience in the provision of interdisciplinary palliative care, including, without limitation, hospital, medical, nursing, social work, pharmacy, financial and spiritual services;

      (b) One member with a background in patient and family caregiver advocacy;

      (c) One member who is a health care professional with clinical experience in palliative care;

      (d) One member who is a health care professional with expertise in delivery models for palliative care in a variety of inpatient, outpatient and community settings and with diverse populations;

      (e) Two members who are employees of the Department or any other state agency, board or commission who have relevant work experience related to palliative care and issues concerning quality of life; and

      (f) Two members who are board certified hospice and palliative care physicians or nurses.

      3.  After the initial terms, the term of each member of the Council is 3 years, and members shall serve at the pleasure of the Director.

      4.  The Council shall select from its members a Chair and a Vice Chair who shall hold office for 1 year and whose duties will be established by the Council.

      5.  The Council shall meet at least twice annually at a time and place specified by a call of the Director.

      6.  Each member of the Council:

 

 


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ê2017 Statutes of Nevada, Page 1731 (Chapter 316, SB 136)ê

 

      (a) Serves without compensation; and

      (b) While engaged in the business of the Council, is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally to the extent that funds for such expenses are available within the budget of the Department.

      Sec. 8.  The Council shall:

      1.  Consult with and advise the Department on matters related to the establishment, maintenance, operation and outcomes of palliative care programs and initiatives in this State; and

      2.  Advise and assist in the creation and carrying out of the Program established by section 10 of this act.

      Sec. 9. The Council may apply for any available grants and accept any available gifts, grants, appropriations or donations, and use any such gifts, grants, appropriations or donations to carry out the provisions of sections 2 to 10, inclusive, of this act.

      Sec. 10.  1.  The Palliative Care and Quality of Life Consumer and Professional Information and Education Program is hereby established within the Department to maximize the effectiveness of palliative care initiatives in this State by ensuring that comprehensive and accurate information and education about palliative care is available to health care providers, health care facilities and members of the public.

      2.  The Department shall, to the extent that money is available from gifts, grants, appropriations and donations for this purpose, include on an Internet website available to the public, with links to appropriate external Internet websites, information and resources concerning:

      (a) The delivery of palliative care in the home and in primary, secondary and tertiary environments;

      (b) Best practices for the delivery of palliative care; and

      (c) Educational materials and referral information for palliative and hospice care.

      3.  The Department may develop and carry out such other initiatives regarding palliative care and education that the Department determines will further the purposes of the Program. The Director shall consult with the Council in developing and implementing such initiatives.

      Sec. 11. NRS 232.290 is hereby amended to read as follows:

      232.290  As used in NRS 232.290 to 232.484, inclusive, and sections 2 to 10, inclusive, of this act, unless the context requires otherwise:

      1.  “Department” means the Department of Health and Human Services.

      2.  “Director” means the Director of the Department.

      Sec. 12.  1.  On or before January 1, 2018, the Department of Health and Human Services shall encourage all hospitals, assisted living facilities and facilities for skilled nursing within this State with 100 beds or more to:

      (a) Educate their physicians, nurses and clinical staff on how to provide information regarding appropriate palliative care; and

      (b) Provide information about, and facilitate access to, appropriate palliative care.

      2.  As used in this section:

      (a) “Assisted living facility” has the meaning ascribed to it in NRS 422.3962; and

 


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ê2017 Statutes of Nevada, Page 1732 (Chapter 316, SB 136)ê

 

 

      (b) “Facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039.

      Sec. 13.  1.  Not later than October 1, 2017, the Director of the Department of Health and Human Services shall appoint the members of the State of Nevada Advisory Council on Palliative Care and Quality of Life created by section 7 of this act to initial terms as follows:

      (a) Three members whose terms expire on September 30, 2018:

             (1) One of whom must be appointed pursuant to paragraph (a) of subsection 2 of section 7 of this act;

             (2) One of whom must be appointed pursuant to paragraph (b) of subsection 2 of section 7 of this act; and

             (3) One of whom must be appointed pursuant to paragraph (c) of subsection 2 of section 7 of this act.

      (b) Three members whose terms expire on September 30, 2019:

             (1) One of whom must be appointed pursuant to paragraph (a) of subsection 2 of section 7 of this act;

             (2) One of whom must be appointed pursuant to paragraph (e) of subsection 2 of section 7 of this act; and

             (3) One of whom must be appointed pursuant to paragraph (f) of subsection 2 of section 7 of this act.

      (c) Three members whose terms expire on September 30, 2020:

             (1) One of whom must be appointed pursuant to paragraph (d) of subsection 2 of section 7 of this act;

             (2) One of whom must be appointed pursuant to paragraph (e) of subsection 2 of section 7 of this act; and

             (3) One of whom must be appointed pursuant to paragraph (f) of subsection 2 of section 7 of this act.

      2.  If more than nine members are appointed to the Council, the Director shall, at his or her sole discretion, determine the allocation of the additional members appointed to the Council to the particular groupings established for the expiration of terms in subsection 1.

      Sec. 14.  This act becomes effective on July 1, 2017.

________

 

 

 

 


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ê2017 Statutes of Nevada, Page 1733ê

 

CHAPTER 317, SB 185

Senate Bill No. 185–Senators Parks; Manendo and Segerblom

 

Joint Sponsors: Assemblymen Cohen, Neal, Spiegel and Yeager

 

CHAPTER 317

 

[Approved: June 2, 2017]

 

AN ACT relating to trade regulations; prohibiting a seller or lessor of consumer goods or services from including certain provisions in form contracts with consumers; authorizing a consumer and certain governmental entities to bring an action for the recovery of civil penalties for violating the prohibition; prohibiting a person from offering certain types of leases; requiring that certain retail installment contracts be subject to the federal Truth in Lending Act; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law regulates trade practices and other commercial activities. (Title 52 of NRS) Section 2 of this bill prohibits a seller or lessor of consumer goods or services who uses a form contract, which is a contract that has standardized terms and is imposed on a consumer without a meaningful opportunity for negotiation by the consumer concerning the standardized terms, from including in the contract a provision that: (1) limits or requires the consumer to waive his or her rights to provide a review, comment or other statement concerning the seller or lessor or the goods or services; (2) imposes a penalty on the consumer for providing such a review, comment or other statement; or (3) declares that the provision of such a review, comment or other statement by the consumer is a breach of the contract. Section 2 provides that any such provision included in a form contract is unenforceable. Section 2 further provides that any person who violates its provisions is guilty of a misdemeanor and, in addition to any criminal penalty, is liable for civil penalties of up to $2,500 for the person’s first violation, up to $5,000 for each subsequent violation and an additional penalty of up to $10,000 if the court finds that the violation is reckless, willful or wanton. Section 2 authorizes the consumer, the Attorney General, a district attorney or city attorney to bring an action to recover the civil penalty and to retain any money awarded by the court. Section 2 does not prohibit a person who maintains an online forum, such as an Internet website, from removing from the forum any statement or information that the person is lawfully entitled to remove.

      Section 3 of this bill prohibits a person from leasing any living animal or goods intended for personal, family or household use if the living animal or good is expected to have not more than a minimal residual financial value at the end of the term of the lease or contract. Section 3 further requires that any retail installment contract for the sale of any living animal or goods intended for personal, family or household use be subject to the federal Truth in Lending Act. Section 3 additionally sets forth that a failure to comply with or a violation of section 3 constitutes a deceptive trade practice or consumer fraud, respectively. Finally, section 3 exempts any lease or contract on furniture or household electronics from the provisions of section 3.

 


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ê2017 Statutes of Nevada, Page 1734 (Chapter 317, SB 185)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 597 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. 1.  A seller or lessor of consumer goods or services shall not:

      (a) Include in any form contract or proposed form contract with a consumer for the purchase, lease or rental of consumer goods or services any provision that:

             (1) Limits or requires the consumer to waive his or her rights to provide a review, comment or other statement concerning the consumer goods or services or the seller or lessor;

             (2) Imposes a penalty on the consumer for providing such a review, comment or other statement; or

             (3) Declares that the provision of such a review, comment or other statement by the consumer is a breach of the form contract;

      (b) Enforce or threaten to enforce a provision described in paragraph (a); or

      (c) Refuse or threaten to refuse to enter into a form contract with a consumer solely because the consumer does not agree to the inclusion in the form contract of a provision described in paragraph (a).

      2.  Any provision that is included in a form contract with a consumer for the purchase, lease or rental of consumer goods or services in violation of subsection 1, with or without consideration, is against public policy and is void and unenforceable.

      3.  Any person who violates subsection 1 is guilty of a misdemeanor and, in addition to any criminal penalty, is liable for:

      (a) A civil penalty of not more than:

             (1) For the first violation, $2,500;

             (2) For the second or subsequent violation, $5,000 for each violation; and

             (3) If the court finds that the violation is reckless, willful or wanton, $10,000, in addition to the civil penalty set forth in subparagraph (1) or (2); and

      (b) The costs incurred to recover the civil penalty, including, without limitation:

             (1) The costs, if any, of conducting an investigation into the violation;

             (2) Reasonable costs specified in NRS 18.005; and

             (3) Reasonable attorney’s fees.

      4.  An action to recover the civil penalty may be brought by the consumer, the Attorney General or a district attorney or city attorney, as appropriate. The action may be instituted in any court of competent jurisdiction in the city or county in which either party resides, the defendant can be found or in which the violation occurred.

      5.  Any money awarded by a court pursuant to this section must be awarded to the person or governmental entity that brought the action.

      6.  The civil remedy provided by this section is in addition to, and not exclusive of, any other available remedy or penalty.

 


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ê2017 Statutes of Nevada, Page 1735 (Chapter 317, SB 185)ê

 

      7.  This section does not prohibit a person who maintains an online forum, including, without limitation, an Internet website, from removing from the forum any statement that the person is lawfully entitled to remove.

      8.  Nothing in this section shall be construed as affecting:

      (a) Any duty of confidentiality imposed by law; or

      (b) Any civil cause of action for defamation, libel, slander or any similar cause of action.

      9.  As used in this section:

      (a) “Consumer” means a natural person.

      (b) “Consumer goods or services” has the meaning ascribed to it in NRS 598.170.

      (c) “Form contract” means a contract or agreement with standardized terms that is:

             (1) Used by a seller or lessor in the course of selling, leasing or renting consumer goods or services of the seller or lessor; and

             (2) Imposed on a consumer without a meaningful opportunity for the consumer to negotiate the standardized terms.

      (d) “Lessor” means a lessor and any agent or employee of the lessor.

      (e) “Seller” means a seller and any agent or employee of the seller.

      Sec. 3. 1.  A person shall not offer to lease any living animal or goods intended for personal, family or household use, including, without limitation, pets, tires, batteries and hearing aids, if the living animal or good is expected to have not more than a de minimis residual financial value at the end of the term of the lease or contract.

      2.  Any retail installment contract for the sale of any living animal or goods intended for personal, family or household use, including, without limitation, pets, tires, batteries and hearing aids, is subject to the provisions of the Truth in Lending Act, 15 U.S.C. §§ 1601 et seq., and any regulations adopted pursuant thereto.

      3.  The failure of a person to comply with this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

      4.  A violation of this section constitutes consumer fraud for the purposes of NRS 41.600.

      5.  The provisions of this section do not apply to any lease or contract on furniture or household electronics.

      6.  As used in this section:

      (a) “Goods” has the meaning ascribed to it in NRS 104.2105.

      (b) “Household electronics” means electronic devices, personal effects and property of an electronic nature used or to be used in a dwelling.

      (c) “Residual financial value” means the amount the living animal or good is worth at the end of the term of the lease or contract and includes, without limitation, the salvage value of the living animal or good.

      (d) “Retail installment contract” has the meaning ascribed to it in NRS 97.105.

      (e) “Salvage value” means the amount expected to be obtained when the living animal or good is disposed of at the end of its useful life.

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

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ê2017 Statutes of Nevada, Page 1736ê

 

CHAPTER 318, SB 227

Senate Bill No. 227–Senators Woodhouse, Manendo, Parks, Ford, Spearman; Cancela, Denis, Ratti and Segerblom

 

Joint Sponsors: Assemblymen Carlton, Oscarson and Titus

 

CHAPTER 318

 

[Approved: June 2, 2017]

 

AN ACT relating to nursing; authorizing a qualified advanced practice registered nurse to sign, certify, stamp, verify or endorse certain documents requiring the signature, certification, stamp, verification or endorsement of a physician; authorizing an advanced practice registered nurse to make certain certifications, diagnoses and determinations required to be made by a physician or other provider of health care; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 2 of this bill: (1) authorizes an advanced practice registered nurse, when the signature, certification, stamp, verification or endorsement of a physician is required, to provide his or her own signature, certification, stamp, verification or endorsement if he or she is qualified to do so; and (2) requires the State Board of Nursing to adopt regulations specifically providing for when an advanced practice registered nurse is qualified to provide his or her signature, certification, stamp, verification or endorsement in the place of a physician’s signature, certification, stamp, verification or endorsement.

      Existing law requires a court to permanently excuse a person from service as a juror if the person is incapable of serving because of a permanent physical or mental disability that is certified by a physician. (NRS 6.030) Section 4 of this bill authorizes an advanced practice registered nurse to certify such a disability.

      Existing law requires a court to appoint two psychiatrists or psychologists to examine the competency of a defendant to stand trial. (NRS 178.415) Section 5 of this bill authorizes the court to appoint an advanced practice registered nurse who has obtained the psychiatric training and experience prescribed by the State Board to examine the competency of a defendant who has been accused of a misdemeanor.

      Existing law prohibits a child from being enrolled in a public or private school, or a child from being admitted to a child care facility or accommodation facility, without first certifying that the child has been immunized for certain diseases. (NRS 392.435, 394.192, 432A.230, 432A.235) Existing law also exempts a child from such immunization requirements if the medical condition of the child will not permit the child to be immunized and a written statement of that fact is signed by a licensed physician. (NRS 392.439, 394.194, 432A.250) Sections 8, 9 and 11 of this bill authorize an advanced practice registered nurse to sign such a written statement.

      Existing law allows the parent or legal guardian of a pupil who has asthma, anaphylaxis or diabetes to request authorization from the principal or, if applicable, the school nurse of the public school in which the pupil is enrolled to allow the pupil to self-administer medication for the treatment of asthma, anaphylaxis or diabetes while the pupil is on the grounds of a public school, at an activity sponsored by the public school or on a school bus. (NRS 392.425) Section 7 of this bill authorizes an advanced practice registered nurse to provide a signed statement that a pupil has asthma, anaphylaxis or diabetes and is capable of self-administration of his or her medication.

 


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ê2017 Statutes of Nevada, Page 1737 (Chapter 318, SB 227)ê

 

      Existing law authorizes certain persons to file an application for the emergency admission of a person alleged to be a person with mental illness to certain facilities. (NRS 433A.160) With certain exceptions, existing law requires an application for the emergency admission of a person alleged to be a person with a mental illness to be accompanied by a certificate of a psychiatrist or licensed psychologist or, if neither is available, a physician, stating that the person has a mental illness and, because of that mental illness, is likely to harm himself or herself or others if not admitted to certain facilities or programs. (NRS 433A.170, 433A.200) Sections 1 and 14-22 of this bill: (1) expand the list of persons who are authorized to evaluate such a person alleged to have a mental illness and provide a certificate stating that the person has a mental illness to include an advanced practice registered nurse who has obtained certain psychiatric training and experience; and (2) authorize such an advanced practice registered nurse to conduct such an evaluation for an involuntary court-ordered admission, transfer or early release of a person with mental illness. Section 17 of this bill also provides the judge presiding over a proceeding for such an emergency admission with complete discretion in choosing the health care professionals to conduct such an examination.

      Under existing law, a medical certificate of death or certificate of stillbirth must be signed by a physician or certain other qualified persons. (NRS 440.340, 440.380) Existing law also allows a physician to authorize a physician assistant or registered nurse to make a pronouncement of death if the physician anticipates such death. (NRS 440.415, 632.474) Sections 3 and 23-33 of this bill authorize an advanced practice registered nurse to: (1) sign a medical certificate of death or certificate of stillbirth; and (2) authorize a registered nurse to make a pronouncement of death.

      Existing law allows any person who is of sound mind and 18 years of age or older to execute a declaration governing the withholding or withdrawal of life-sustaining treatment. (NRS 449.600, 449.610) Under existing law, a directive governing the withholding or withdrawal of life-sustaining treatment becomes operative when it is communicated to the declarant’s attending physician and the declarant is determined by the attending physician to be in a terminal condition and no longer able to make decisions regarding the administration of life-sustaining treatment. (NRS 449.617) Sections 35, 36 and 39-51 of this bill authorize an attending advanced practice registered nurse to: (1) diagnose a person as being in a terminal condition and no longer able to make decisions regarding life-sustaining treatment for the purpose of determining whether a declaration or written consent to the withholding or withdrawal of life-sustaining treatment is operative; and (2) withhold or withdraw life-sustaining treatment in accordance with such a declaration or written consent.

      Existing law requires the State Board of Health to adopt a Physician Order for Life-Sustaining Treatment form (POLST form), a document which records the wishes of a patient and directs any provider of health care regarding the provision of life-resuscitating treatment and life-sustaining treatment. (NRS 449.694) Existing law additionally allows certain patients suffering from a terminal condition to obtain a do-not-resuscitate order from a physician and a do-not-resuscitate identification from the health authority. (NRS 450B.510-450B.525) Sections 37, 38 and 52-63 of this bill authorize an advanced practice registered nurse to make certain determinations related to a POLST form and to execute a POLST form for a patient. Sections 68-84 authorize an advanced practice registered nurse to: (1) determine whether a patient is in a terminal condition for his or her application for a do-not-resuscitate identification from the health authority; and (2) issue a do-not-resuscitate order.

      Under existing law, the use of a mechanical or chemical restraint on a person with a disability is authorized under certain permissible uses or for use in an emergency. Existing law further requires a physician to sign a medical order authorizing such use. (NRS 449.779, 449.780) Sections 6, 10, 12, 13, 64 and 65 of this bill authorize an advanced practice registered nurse to sign an order authorizing the use of a mechanical or chemical restraint on a person with a disability for such permissible uses or for use in an emergency.

 


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ê2017 Statutes of Nevada, Page 1738 (Chapter 318, SB 227)ê

 

      Existing law requires each organization for youth sports that sanctions or sponsors competitive sports for youths in this State to adopt a policy concerning the prevention and treatment of injuries to the head which may occur during a youth’s participation in competitive sports, including, without limitation, concussion of the brain. The policy must require that a youth who sustains or is suspected of sustaining an injury to the head while participating in such an activity or event: (1) be immediately removed from the activity or event; and (2) may not return to the activity or event unless the parent or legal guardian of the pupil provides a written statement from a provider of health care indicating that the pupil is medically cleared to participate and the date on which the pupil may return to the activity or event. (NRS 455A.200) Section 86 of this bill expands the definition of “provider of health care” to include an advanced practice registered nurse.

      Under existing law, the Department of Motor Vehicles is authorized to issue special license plates, a special or temporary parking placard or a special or temporary parking sticker to a person with a disability who has certification of such disability completed by a physician and applies for such a plate, placard or sticker. Sections 87-90 of this bill authorize an advanced practice registered nurse to determine whether a person has a disability and provide that person certification for purposes of obtaining a special license plate, a special or temporary parking placard or a special or temporary parking sticker from the Department.

      Existing law requires a person who wishes to be employed as a taxicab driver to obtain a health certificate issued by a physician or chiropractic physician stating that he or she has examined the prospective driver and found that the prospective driver meets certain health requirements. (NRS 706.495, 706.8842) Sections 127 and 128 of this bill authorize an advanced practice registered nurse to issue a health certificate to a prospective driver found by the advanced practice registered nurse to meet the health requirements.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 632.120 is hereby amended to read as follows:

      632.120  1.  The Board shall:

      (a) Adopt regulations establishing reasonable standards:

             (1) For the denial, renewal, suspension and revocation of, and the placement of conditions, limitations and restrictions upon, a license to practice professional or practical nursing or a certificate to practice as a nursing assistant or medication aide - certified.

             (2) Of professional conduct for the practice of nursing.

             (3) For prescribing and dispensing controlled substances and dangerous drugs in accordance with applicable statutes.

             (4) For the psychiatric training and experience necessary for an advanced practice registered nurse to be authorized to make the evaluations and examinations described in NRS 433A.160, 433A.240 and 433A.430 and the certifications described in NRS 433A.170, 433A.195 and 433A.200.

      (b) Prepare and administer examinations for the issuance of a license or certificate under this chapter.

      (c) Investigate and determine the eligibility of an applicant for a license or certificate under this chapter.

      (d) Carry out and enforce the provisions of this chapter and the regulations adopted pursuant thereto.

      2.  The Board may adopt regulations establishing reasonable:

 


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      (a) Qualifications for the issuance of a license or certificate under this chapter.

      (b) Standards for the continuing professional competence of licensees or holders of a certificate. The Board may evaluate licensees or holders of a certificate periodically for compliance with those standards.

      3.  The Board may adopt regulations establishing a schedule of reasonable fees and charges, in addition to those set forth in NRS 632.345, for:

      (a) Investigating licensees or holders of a certificate and applicants for a license or certificate under this chapter;

      (b) Evaluating the professional competence of licensees or holders of a certificate;

      (c) Conducting hearings pursuant to this chapter;

      (d) Duplicating and verifying records of the Board; and

      (e) Surveying, evaluating and approving schools of practical nursing, and schools and courses of professional nursing,

Ê and collect the fees established pursuant to this subsection.

      4.  For the purposes of this chapter, the Board shall, by regulation, define the term “in the process of obtaining accreditation.”

      5.  The Board may adopt such other regulations, not inconsistent with state or federal law, as may be necessary to carry out the provisions of this chapter relating to nursing assistant trainees, nursing assistants and medication aides - certified.

      6.  The Board may adopt such other regulations, not inconsistent with state or federal law, as are necessary to enable it to administer the provisions of this chapter.

      Sec. 2. NRS 632.237 is hereby amended to read as follows:

      632.237  1.  The Board may issue a license to practice as an advanced practice registered nurse to a registered nurse:

      (a) Who is licensed by endorsement pursuant to NRS 632.161 or 632.162 and holds a corresponding valid and unrestricted license to practice as an advanced practice registered nurse in the District of Columbia or any other state or territory of the United States; or

      (b) Who:

             (1) Has completed an educational program designed to prepare a registered nurse to:

                   (I) Perform designated acts of medical diagnosis;

                   (II) Prescribe therapeutic or corrective measures; and

                   (III) Prescribe controlled substances, poisons, dangerous drugs and devices;

             (2) Except as otherwise provided in subsection [6,] 7, submits proof that he or she is certified as an advanced practice registered nurse by the American Board of Nursing Specialties, the National Commission for Certifying Agencies of the Institute for Credentialing Excellence, or their successor organizations, or any other nationally recognized certification agency approved by the Board; and

             (3) Meets any other requirements established by the Board for such licensure.

      2.  An advanced practice registered nurse may:

 


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      (a) Engage in selected medical diagnosis and treatment; [and]

      (b) If authorized pursuant to NRS 639.2351 and subject to the limitations set forth in subsection 3, prescribe controlled substances, poisons, dangerous drugs and devices [.] ; and

      (c) Provide his or her signature, certification, stamp, verification or endorsement when a signature, certification, stamp, verification or endorsement by a physician is required, if providing such a signature, certification, stamp, verification or endorsement is within the authorized scope of practice of an advanced practice registered nurse.

Ê An advanced practice registered nurse shall not engage in any diagnosis, treatment or other conduct which the advanced practice registered nurse is not qualified to perform.

      3.  An advanced practice registered nurse who is authorized to prescribe controlled substances, poisons, dangerous drugs and devices pursuant to NRS 639.2351 shall not prescribe a controlled substance listed in schedule II unless:

      (a) The advanced practice registered nurse has at least 2 years or 2,000 hours of clinical experience; or

      (b) The controlled substance is prescribed pursuant to a protocol approved by a collaborating physician.

      4.  An advanced practice registered nurse may perform the acts described in paragraphs (a) and (b) of subsection 2 by using equipment that transfers information concerning the medical condition of a patient in this State electronically, telephonically or by fiber optics, including, without limitation, through telehealth, as defined in NRS 629.515, from within or outside this State or the United States.

      5.  Nothing in paragraph (c) of subsection 2 shall be deemed to expand the scope of practice of an advanced practice registered nurse who provides his or her signature, certification, stamp, verification or endorsement in the place of a physician.

      6.  The Board shall adopt regulations:

      (a) Specifying any additional training, education and experience necessary for licensure as an advanced practice registered nurse.

      (b) Delineating the authorized scope of practice of an advanced practice registered nurse [.] , including, without limitation, when an advanced practice registered nurse is qualified to provide his or her signature, certification, stamp, verification or endorsement in the place of a physician.

      (c) Establishing the procedure for application for licensure as an advanced practice registered nurse.

      [6.]7.  The provisions of subparagraph (2) of paragraph (b) of subsection 1 do not apply to an advanced practice registered nurse who obtains a license before July 1, 2014.

      Sec. 3. NRS 632.474 is hereby amended to read as follows:

      632.474  A registered nurse who is authorized by a physician or advanced practice registered nurse pursuant to NRS 440.415 may make a pronouncement of death.

      Sec. 4. NRS 6.030 is hereby amended to read as follows:

      6.030  1.  The court may at any time temporarily excuse any juror on account of:

      (a) Sickness or physical disability.

      (b) Serious illness or death of a member of the juror’s immediate family.

 


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      (c) Undue hardship or extreme inconvenience.

      (d) Public necessity.

      2.  In addition to the reasons set forth in subsection 1, the court may at any time temporarily excuse a person who provides proof that the person is the primary caregiver of another person who has a documented medical condition which requires the assistance of another person at all times.

      3.  A person temporarily excused shall appear for jury service as the court may direct.

      4.  The court shall permanently excuse any person from service as a juror if the person is incapable, by reason of a permanent physical or mental disability, of rendering satisfactory service as a juror. The court may require the prospective juror to submit a [physician’s] certificate completed by a physician or an advanced practice registered nurse licensed pursuant to NRS 632.237 concerning the nature and extent of the disability and the certifying physician or advanced practice registered nurse may be required to testify concerning the disability when the court so directs.

      Sec. 5. NRS 178.415 is hereby amended to read as follows:

      178.415  1.  Except as otherwise provided in this subsection, the court shall appoint two psychiatrists, two psychologists, or one psychiatrist and one psychologist [,] to examine the defendant. If the defendant is accused of a misdemeanor, the court of jurisdiction shall appoint a psychiatric social worker, advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 or other person who is especially qualified by the Division, to examine the defendant.

      2.  Except as otherwise provided in this subsection, at a hearing in open court, the court that orders the examination must receive the report of the examination. If a justice court orders the examination of a defendant who is charged with a gross misdemeanor or felony, the district court must receive the report of the examination.

      3.  The court that receives the report of the examination shall permit counsel for both sides to examine the person or persons appointed to examine the defendant. The prosecuting attorney and the defendant may:

      (a) Introduce other evidence including, without limitation, evidence related to treatment to competency and the possibility of ordering the involuntary administration of medication; and

      (b) Cross-examine one another’s witnesses.

      4.  The court that receives the report of the examination shall then make and enter its finding of competence or incompetence.

      5.  The court shall not appoint a person to provide a report or an evaluation pursuant to this section, unless the person is certified by the Division pursuant to NRS 178.417.

      Sec. 6. NRS 388.503 is hereby amended to read as follows:

      388.503  1.  Except as otherwise provided in subsection 2, mechanical restraint may be used on a pupil with a disability only if:

      (a) An emergency exists that necessitates the use of mechanical restraint;

      (b) A medical order authorizing the use of mechanical restraint from the pupil’s treating physician or advanced practice registered nurse is included in the pupil’s individualized education program before the application of the mechanical restraint;

      (c) The physician or advanced practice registered nurse who signed the order required pursuant to paragraph (b) or the attending physician or attending advanced practice registered nurse examines the pupil as soon as practicable after the application of the mechanical restraint;

 


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attending advanced practice registered nurse examines the pupil as soon as practicable after the application of the mechanical restraint;

      (d) The mechanical restraint is applied by a member of the staff of the school who is trained and qualified to apply mechanical restraint;

      (e) The pupil is given the opportunity to move and exercise the parts of his or her body that are restrained at least 10 minutes per every 60 minutes of restraint, unless otherwise prescribed by the physician or advanced practice registered nurse who signed the order;

      (f) A member of the staff of the school lessens or discontinues the restraint every 15 minutes to determine whether the pupil will stop injury to himself or herself without the use of the restraint;

      (g) The record of the pupil contains a notation that includes the time of day that the restraint was lessened or discontinued pursuant to paragraph (f), the response of the pupil and the response of the member of the staff of the school who applied the mechanical restraint;

      (h) A member of the staff of the school continuously monitors the pupil during the time that mechanical restraint is used on the pupil; and

      (i) The mechanical restraint is used only for the period that is necessary to contain the behavior of the pupil so that the pupil is no longer an immediate threat of causing physical injury to himself or herself.

      2.  Mechanical restraint may be used on a pupil with a disability and the provisions of subsection 1 do not apply if the mechanical restraint is used to:

      (a) Treat the medical needs of the pupil;

      (b) Protect a pupil who is known to be at risk of injury to himself or herself because he or she lacks coordination or suffers from frequent loss of consciousness;

      (c) Provide proper body alignment to a pupil; or

      (d) Position a pupil who has physical disabilities in a manner prescribed in the pupil’s individualized education program.

      3.  If mechanical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record and a confidential file maintained for the pupil not later than 1 working day after the procedure is used. A copy of the report must be provided to the board of trustees of the school district or its designee, the pupil’s individualized education program team and the parent or guardian of the pupil. If the board of trustees or its designee determines that a denial of the pupil’s rights has occurred, the board of trustees or its designee shall submit a report to the Department in accordance with NRS 388.513.

      4.  If a pupil with a disability has three reports of the use of mechanical restraint in his or her record pursuant to subsection 3 in 1 school year, the school district shall notify the school in which the pupil is enrolled to review the circumstances of the use of the restraint on the pupil and provide a report of its findings to the school district.

      5.  If a pupil with a disability has five reports of the use of mechanical restraint in his or her record pursuant to subsection 3 in 1 school year, the pupil’s individualized education program must be reviewed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1414 et seq., and the regulations adopted pursuant thereto. If mechanical restraint continues after the pupil’s individualized education program has been reviewed, the school district and the parent or legal guardian of the pupil shall include in the pupil’s individualized education program additional methods that are appropriate for the pupil to ensure that restraint does not continue, including, without limitation, mentoring, training, a functional behavioral assessment, a positive behavior plan and positive behavioral supports.

 


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continue, including, without limitation, mentoring, training, a functional behavioral assessment, a positive behavior plan and positive behavioral supports.

      Sec. 7. NRS 392.425 is hereby amended to read as follows:

      392.425  1.  The parent or legal guardian of a pupil who has asthma, anaphylaxis or diabetes may submit a written request to the principal or, if applicable, the school nurse of the public school in which the pupil is enrolled to allow the pupil to self-administer medication for the treatment of the pupil’s asthma, anaphylaxis or diabetes while the pupil is on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus.

      2.  A public school shall establish protocols for containing blood-borne pathogens and the handling and disposal of needles, medical devices and other medical waste and provide a copy of these protocols and procedures to the parent or guardian of a pupil who requests permission for the pupil to self-administer medication pursuant to subsection 1.

      3.  A written request made pursuant to subsection 1 must include:

      (a) A signed statement of a physician or advanced practice registered nurse indicating that the pupil has asthma, anaphylaxis or diabetes and is capable of self-administration of the medication while the pupil is on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus;

      (b) A written treatment plan prepared by the physician or advanced practice registered nurse pursuant to which the pupil will manage his or her asthma, anaphylaxis or diabetes if the pupil experiences an asthmatic attack, anaphylactic shock or diabetic episode while on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus; and

      (c) A signed statement of the parent or legal guardian:

             (1) Indicating that the parent or legal guardian grants permission for the pupil to self-administer the medication while the pupil is on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus;

             (2) Acknowledging that the parent or legal guardian is aware of and understands the provisions of subsections 4 and 5;

             (3) Acknowledging the receipt of the protocols provided pursuant to subsection 2;

             (4) Acknowledging that the protocols established pursuant to subsection 2 have been explained to the pupil who will self-administer the medication and that he or she has agreed to comply with the protocols; and

             (5) Acknowledging that authorization to self-administer medication pursuant to this section may be revoked if the pupil fails to comply with the protocols established pursuant to subsection 2.

      4.  The provisions of this section do not create a duty for the board of trustees of the school district, the school district, the public school in which the pupil is enrolled, or an employee or agent thereof, that is in addition to those duties otherwise required in the course of service or employment.

      5.  If a pupil is granted authorization pursuant to this section to self-administer medication, the board of trustees of the school district, the school district and the public school in which the pupil is enrolled, and any employee or agent thereof, are immune from liability for the injury to or death of:

 


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      (a) The pupil as a result of self-administration of a medication pursuant to this section or the failure of the pupil to self-administer such a medication; and

      (b) Any other person as a result of exposure to or injury caused by needles, medical devices or other medical waste from the self-administration of medication by a pupil pursuant to this section.

      6.  Upon receipt of a request that complies with subsection 3, the principal or, if applicable, the school nurse of the public school in which a pupil is enrolled shall provide written authorization for the pupil to carry and self-administer medication to treat his or her asthma, anaphylaxis or diabetes while the pupil is on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus. The written authorization must be filed with the principal or, if applicable, the school nurse of the public school in which the pupil is enrolled and must include:

      (a) The name and purpose of the medication which the pupil is authorized to self-administer;

      (b) The prescribed dosage and the duration of the prescription;

      (c) The times or circumstances, or both, during which the medication is required or recommended for self-administration;

      (d) The side effects that may occur from an administration of the medication;

      (e) The name and telephone number of the pupil’s physician or advanced practice registered nurse and the name and telephone number of the person to contact in the case of a medical emergency concerning the pupil; and

      (f) The procedures for the handling and disposal of needles, medical devices and other medical waste.

      7.  The written authorization provided pursuant to subsection 6 is valid for 1 school year. If a parent or legal guardian submits a written request that complies with subsection 3, the principal or, if applicable, the school nurse of the public school in which the pupil is enrolled shall renew and, if necessary, revise the written authorization.

      8.  If a parent or legal guardian of a pupil who is authorized pursuant to this section to carry medication on his or her person provides to the principal or, if applicable, the school nurse of the public school in which the pupil is enrolled doses of the medication in addition to the dosage that the pupil carries on his or her person, the principal or, if applicable, the school nurse shall ensure that the additional medication is:

      (a) Stored on the premises of the public school in a location that is secure; and

      (b) Readily available if the pupil experiences an asthmatic attack, anaphylactic shock or diabetic episode during school hours.

      9.  As used in this section:

      (a) “Advanced practice registered nurse” means a registered nurse who holds a valid license as an advanced practice registered nurse issued by the State Board of Nursing pursuant to NRS 632.237.

      (b) “Medication” means any medicine prescribed by a physician or advanced practice registered nurse for the treatment of anaphylaxis, asthma or diabetes, including, without limitation, asthma inhalers, auto-injectable epinephrine and insulin.

 


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      [(b)](c) “Physician” means a person who is licensed to practice medicine pursuant to chapter 630 of NRS or osteopathic medicine pursuant to chapter 633 of NRS.

      [(c)](d) “Self-administer” means the auto-administration of a medication pursuant to the prescription for the medication or written directions for such a medication.

      Sec. 8. NRS 392.439 is hereby amended to read as follows:

      392.439  If the medical condition of a child will not permit the child to be immunized to the extent required by NRS 392.435 and a written statement of this fact is signed by a licensed physician or advanced practice registered nurse and by the parents or guardian of the child, the board of trustees of the school district or governing body of the charter school in which the child has been accepted for enrollment shall exempt the child from all or part of the provisions of NRS 392.435, as the case may be, for enrollment purposes.

      Sec. 9. NRS 394.194 is hereby amended to read as follows:

      394.194  If the medical condition of a child will not permit the child to be immunized to the extent required by NRS 394.192, a written statement of this fact signed by a licensed physician or advanced practice registered nurse and presented to the governing body by the parents or guardian of such child shall exempt such child from all or part of the provisions of NRS 394.192, as the case may be, for enrollment purposes.

      Sec. 10. NRS 394.369 is hereby amended to read as follows:

      394.369  1.  Except as otherwise provided in subsection 2, mechanical restraint may be used on a pupil with a disability only if:

      (a) An emergency exists that necessitates the use of mechanical restraint;

      (b) A medical order authorizing the use of mechanical restraint from the pupil’s treating physician or advanced practice registered nurse is included in the pupil’s services plan developed pursuant to 34 C.F.R. § 300.138 or the pupil’s individualized education program, whichever is appropriate, before the application of the mechanical restraint;

      (c) The physician or advanced practice registered nurse who signed the order required pursuant to paragraph (b) or the attending physician or attending advanced practice registered nurse examines the pupil as soon as practicable after the application of the mechanical restraint;

      (d) The mechanical restraint is applied by a member of the staff of the private school who is trained and qualified to apply mechanical restraint;

      (e) The pupil is given the opportunity to move and exercise the parts of his or her body that are restrained at least 10 minutes per every 60 minutes of restraint, unless otherwise prescribed by the physician or advanced practice registered nurse who signed the order;

      (f) A member of the staff of the private school lessens or discontinues the restraint every 15 minutes to determine whether the pupil will stop injury to himself or herself without the use of the restraint;

      (g) The record of the pupil contains a notation that includes the time of day that the restraint was lessened or discontinued pursuant to paragraph (f), the response of the pupil and the response of the member of the staff of the private school who applied the mechanical restraint;

      (h) A member of the staff of the private school continuously monitors the pupil during the time that mechanical restraint is used on the pupil; and

      (i) The mechanical restraint is used only for the period that is necessary to contain the behavior of the pupil so that the pupil is no longer an immediate threat of causing physical injury to himself or herself.

 


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      2.  Mechanical restraint may be used on a pupil with a disability and the provisions of subsection 1 do not apply if the mechanical restraint is used to:

      (a) Treat the medical needs of the pupil;

      (b) Protect a pupil who is known to be at risk of injury to himself or herself because he or she lacks coordination or suffers from frequent loss of consciousness;

      (c) Provide proper body alignment to a pupil; or

      (d) Position a pupil who has physical disabilities in a manner prescribed in the pupil’s service plan developed pursuant to 34 C.F.R. § 300.138 or the pupil’s individualized education program, whichever is appropriate.

      3.  If mechanical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record not later than 1 working day after the procedure is used. A copy of the report must be provided to the Superintendent, the administrator of the private school, the pupil’s individualized education program team, if applicable, and the parent or guardian of the pupil. If the administrator of the private school determines that a denial of the pupil’s rights has occurred, the administrator shall submit a report to the Superintendent in accordance with NRS 394.378.

      4.  If a pupil with a disability has three reports of the use of mechanical restraint in his or her record pursuant to subsection 3 in 1 school year, the private school in which the pupil is enrolled shall review the circumstances of the use of the restraint on the pupil and provide a report to the Superintendent on its findings.

      5.  If a pupil with a disability has five reports of the use of mechanical restraint in his or her record pursuant to subsection 3 in 1 school year, the pupil’s individualized education program or the pupil’s services plan, as applicable, must be reviewed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1414 et seq., and the regulations adopted pursuant thereto. If mechanical restraint continues after the pupil’s individualized education program or services plan has been reviewed, the private school and the parent or legal guardian of the pupil shall include in the pupil’s individualized education program or services plan, as applicable, additional methods that are appropriate for the pupil to ensure that the restraint does not continue, including, without limitation, mentoring, training, a functional behavioral assessment, a positive behavior plan and positive behavioral supports.

      6.  As used in this section, “individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

      Sec. 11. NRS 432A.250 is hereby amended to read as follows:

      432A.250  If the medical condition of a child will not permit the child to be immunized to the extent required by NRS 432A.230 or 432A.235, a written statement of this fact signed by a licensed physician or advanced practice registered nurse and presented to the operator of the facility by the parents or guardian of such child exempts such child from all or part of the provisions of NRS 432A.230 or 432A.235, as the case may be, for purposes of admission.

      Sec. 12. NRS 433.5496 is hereby amended to read as follows:

      433.5496  1.  Except as otherwise provided in subsections 2 and 4, mechanical restraint may be used on a person with a disability who is a consumer only if:

 


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      (a) An emergency exists that necessitates the use of mechanical restraint;

      (b) A medical order authorizing the use of mechanical restraint is obtained from the consumer’s treating physician or advanced practice registered nurse before the application of the mechanical restraint or not later than 15 minutes after the application of the mechanical restraint;

      (c) The physician or advanced practice registered nurse who signed the order required pursuant to paragraph (b) or the attending physician or attending advanced practice registered nurse examines the consumer not later than 1 working day immediately after the application of the mechanical restraint;

      (d) The mechanical restraint is applied by a member of the staff of the facility who is trained and qualified to apply mechanical restraint;

      (e) The consumer is given the opportunity to move and exercise the parts of his or her body that are restrained at least 10 minutes per every 60 minutes of restraint;

      (f) A member of the staff of the facility lessens or discontinues the restraint every 15 minutes to determine whether the consumer will stop or control his or her inappropriate behavior without the use of the restraint;

      (g) The record of the consumer contains a notation that includes the time of day that the restraint was lessened or discontinued pursuant to paragraph (f), the response of the consumer and the response of the member of the staff of the facility who applied the mechanical restraint;

      (h) A member of the staff of the facility continuously monitors the consumer during the time that mechanical restraint is used on the consumer; and

      (i) The mechanical restraint is used only for the period that is necessary to contain the behavior of the consumer so that the consumer is no longer an immediate threat of causing physical injury to himself or herself or others or causing severe property damage.

      2.  Mechanical restraint may be used on a person with a disability who is a consumer and the provisions of subsection 1 do not apply if the mechanical restraint is used to:

      (a) Treat the medical needs of a consumer;

      (b) Protect a consumer who is known to be at risk of injury to himself or herself because the consumer lacks coordination or suffers from frequent loss of consciousness;

      (c) Provide proper body alignment to a consumer; or

      (d) Position a consumer who has physical disabilities in a manner prescribed in the consumer’s plan of services.

      3.  If mechanical restraint is used on a person with a disability who is a consumer in an emergency, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534 or 435.610, as applicable, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

      4.  The provisions of this section do not apply to a forensic facility, as that term is defined in subsection 5 of NRS 433.5499.

      Sec. 13. NRS 433.5503 is hereby amended to read as follows:

      433.5503  1.  Chemical restraint may only be used on a person with a disability who is a consumer if:

      (a) The consumer has been diagnosed as mentally ill, as defined in NRS 433A.115, and is receiving mental health services from a facility;

 


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      (b) The chemical restraint is administered to the consumer while he or she is under the care of the facility;

      (c) An emergency exists that necessitates the use of chemical restraint;

      (d) A medical order authorizing the use of chemical restraint is obtained from the consumer’s attending physician , [or] psychiatrist [;] or advanced practice registered nurse;

      (e) The physician , [or] psychiatrist or advanced practice registered nurse who signed the order required pursuant to paragraph (d) examines the consumer not later than 1 working day immediately after the administration of the chemical restraint; and

      (f) The chemical restraint is administered by a person licensed to administer medication.

      2.  If chemical restraint is used on a person with a disability who is a consumer, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534 or 435.610, as applicable, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

      Sec. 14. NRS 433A.160 is hereby amended to read as follows:

      433A.160  1.  Except as otherwise provided in subsection 2, an application for the emergency admission of a person alleged to be a person with mental illness for evaluation, observation and treatment may only be made by an accredited agent of the Department, an officer authorized to make arrests in the State of Nevada or a physician, physician assistant, psychologist, marriage and family therapist, clinical professional counselor, social worker or registered nurse. The agent, officer, physician, physician assistant, psychologist, marriage and family therapist, clinical professional counselor, social worker or registered nurse may:

      (a) Without a warrant:

             (1) Take a person alleged to be a person with mental illness into custody to apply for the emergency admission of the person for evaluation, observation and treatment; and

             (2) Transport the person alleged to be a person with mental illness to a public or private mental health facility or hospital for that purpose, or arrange for the person to be transported by:

                   (I) A local law enforcement agency;

                   (II) A system for the nonemergency medical transportation of persons whose operation is authorized by the Nevada Transportation Authority;

                   (III) An entity that is exempt pursuant to NRS 706.745 from the provisions of NRS 706.386 or 706.421; or

                   (IV) If medically necessary, an ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS,

Ê only if the agent, officer, physician, physician assistant, psychologist, marriage and family therapist, clinical professional counselor, social worker or registered nurse has, based upon his or her personal observation of the person alleged to be a person with mental illness, probable cause to believe that the person has a mental illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty.

      (b) Apply to a district court for an order requiring:

 

 


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            (1) Any peace officer to take a person alleged to be a person with mental illness into custody to allow the applicant for the order to apply for the emergency admission of the person for evaluation, observation and treatment; and

             (2) Any agency, system or service described in subparagraph (2) of paragraph (a) to transport the person alleged to be a person with mental illness to a public or private mental health facility or hospital for that purpose.

Ê The district court may issue such an order only if it is satisfied that there is probable cause to believe that the person has a mental illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty.

      2.  An application for the emergency admission of a person alleged to be a person with mental illness for evaluation, observation and treatment may be made by a spouse, parent, adult child or legal guardian of the person. The spouse, parent, adult child or legal guardian and any other person who has a legitimate interest in the person alleged to be a person with mental illness may apply to a district court for an order described in paragraph (b) of subsection 1.

      3.  The application for the emergency admission of a person alleged to be a person with mental illness for evaluation, observation and treatment must reveal the circumstances under which the person was taken into custody and the reasons therefor.

      4.  Except as otherwise provided in this subsection, each person admitted to a public or private mental health facility or hospital under an emergency admission must be evaluated at the time of admission by a psychiatrist or a psychologist. If a psychiatrist or a psychologist is not available to conduct an evaluation at the time of admission, a physician or an advanced practice registered nurse who has the training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 may conduct the evaluation. Each such emergency admission must be approved by a psychiatrist.

      5.  As used in this section, “an accredited agent of the Department” means any person appointed or designated by the Director of the Department to take into custody and transport to a mental health facility pursuant to subsections 1 and 2 those persons in need of emergency admission.

      Sec. 15. NRS 433A.200 is hereby amended to read as follows:

      433A.200  1.  Except as otherwise provided in NRS 432B.6075, a proceeding for an involuntary court-ordered admission of any person in the State of Nevada may be commenced by the filing of a petition for the involuntary admission to a mental health facility or to a program of community-based or outpatient services with the clerk of the district court of the county where the person who is to be treated resides. The petition may be filed by the spouse, parent, adult children or legal guardian of the person to be treated or by any physician, physician assistant, psychologist, social worker or registered nurse, by an accredited agent of the Department or by any officer authorized to make arrests in the State of Nevada. The petition must be accompanied:

      (a) By a certificate of a physician, a licensed psychologist, a physician assistant under the supervision of a psychiatrist, a clinical social worker who has the psychiatric training and experience prescribed by the Board of Examiners for Social Workers pursuant to NRS 641B.160, an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 or an accredited agent of the Department stating that he or she has examined the person alleged to be a person with mental illness and has concluded that the person has a mental illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty or if not required to participate in a program of community-based or outpatient services; or

 


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practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 or an accredited agent of the Department stating that he or she has examined the person alleged to be a person with mental illness and has concluded that the person has a mental illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty or if not required to participate in a program of community-based or outpatient services; or

      (b) By a sworn written statement by the petitioner that:

             (1) The petitioner has, based upon the petitioner’s personal observation of the person alleged to be a person with mental illness, probable cause to believe that the person has a mental illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty or if not required to participate in a program of community-based or outpatient services; and

             (2) The person alleged to be a person with mental illness has refused to submit to examination or treatment by a physician, psychiatrist , [or] licensed psychologist [.] or advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120.

      2.  Except as otherwise provided in NRS 432B.6075, if the person to be treated is a minor and the petitioner is a person other than a parent or guardian of the minor, the petition must, in addition to the certificate or statement required by subsection 1, include a statement signed by a parent or guardian of the minor that the parent or guardian does not object to the filing of the petition.

      Sec. 16. NRS 433A.210 is hereby amended to read as follows:

      433A.210  In addition to the requirements of NRS 433A.200, a petition filed pursuant to that section with the clerk of the district court to commence proceedings for involuntary court-ordered admission of a person pursuant to NRS 433A.145 or 433A.150 must include a certified copy of:

      1.  The application for the emergency admission of the person made pursuant to NRS 433A.160; and

      2.  A petition executed by a psychiatrist, licensed psychologist , [or] physician [,] or advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120, including, without limitation, a sworn statement that:

      (a) He or she has examined the person alleged to be a person with mental illness;

      (b) In his or her opinion, there is a reasonable degree of certainty that the person alleged to be a person with mental illness suffers from a mental illness;

      (c) Based on his or her personal observation of the person alleged to be a person with mental illness and other facts set forth in the petition, the person poses a risk of imminent harm to himself or herself or others; and

      (d) In his or her opinion, involuntary admission of the person alleged to be a person with mental illness to a mental health facility or hospital is medically necessary to prevent the person from harming himself or herself or others.

      Sec. 17. NRS 433A.240 is hereby amended to read as follows:

      433A.240  1.  After the filing of a petition to commence proceedings for the involuntary court-ordered admission of a person pursuant to NRS 433A.200 or 433A.210, the court shall promptly cause two or more physicians , [or] licensed psychologists [,] or advanced practice registered nurses who have the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120, one of whom must always be a physician, to examine the person alleged to be a person with mental illness, or request an evaluation by an evaluation team from the Division of the person alleged to be a person with mental illness.

 


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physicians , [or] licensed psychologists [,] or advanced practice registered nurses who have the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120, one of whom must always be a physician, to examine the person alleged to be a person with mental illness, or request an evaluation by an evaluation team from the Division of the person alleged to be a person with mental illness.

      2.  Subject to the provisions in subsection 1, the judge assigned to hear a proceeding brought pursuant to NRS 433A.200 to 433A.330, inclusive, shall have complete discretion in selecting the medical professionals to conduct the examination required pursuant to subsection 1.

      3.  To conduct the examination of a person who is not being detained at a mental health facility or hospital under emergency admission pursuant to an application made pursuant to NRS 433A.160, the court may order a peace officer to take the person into protective custody and transport the person to a mental health facility or hospital where the person may be detained until a hearing is had upon the petition.

      [3.]4.  If the person is not being detained under an emergency admission pursuant to an application made pursuant to NRS 433A.160, the person may be allowed to remain in his or her home or other place of residence pending an ordered examination or examinations and to return to his or her home or other place of residence upon completion of the examination or examinations. The person may be accompanied by one or more of his or her relations or friends to the place of examination.

      [4.]5.  Each physician , [and] licensed psychologist and advanced practice registered nurse who examines a person pursuant to subsection 1 shall, in conducting such an examination, consider the least restrictive treatment appropriate for the person.

      [5.]6.  Except as otherwise provided in this subsection, each physician , [and] licensed psychologist and advanced practice registered nurse who examines a person pursuant to subsection 1 shall, not later than 48 hours before the hearing set pursuant to NRS 433A.220, submit to the court in writing a summary of his or her findings and evaluation regarding the person alleged to be a person with mental illness. If the person alleged to be a person with mental illness is admitted under an emergency admission pursuant to an application made pursuant to NRS 433A.160, the written findings and evaluation must be submitted to the court not later than 24 hours before the hearing set pursuant to subsection 1 of NRS 433A.220.

      Sec. 18. NRS 433A.280 is hereby amended to read as follows:

      433A.280  In proceedings for involuntary court-ordered admission, the court shall hear and consider all relevant testimony, including, but not limited to, the testimony of examining personnel who participated in the evaluation of the person alleged to be a person with mental illness and the certificates of physicians , [or] certified psychologists or advanced practice registered nurses accompanying the petition. The court may consider testimony relating to any past actions of the person alleged to be a person with mental illness if such testimony is probative of the question of whether the person is presently mentally ill and presents a clear and present danger of harm to himself or herself or others.

      Sec. 19. NRS 433A.330 is hereby amended to read as follows:

      433A.330  1.  When an involuntary court admission to a mental health facility is ordered under the provisions of this chapter, the involuntarily admitted person, together with the court orders and certificates of the physicians, certified psychologists , advanced practice registered nurses or evaluation team and a full and complete transcript of the notes of the official reporter made at the examination of such person before the court, must be delivered to the sheriff of the county who shall:

 


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physicians, certified psychologists , advanced practice registered nurses or evaluation team and a full and complete transcript of the notes of the official reporter made at the examination of such person before the court, must be delivered to the sheriff of the county who shall:

      (a) Transport the person; or

      (b) Arrange for the person to be transported by:

             (1) A system for the nonemergency medical transportation of persons whose operation is authorized by the Nevada Transportation Authority; or

             (2) If medically necessary, an ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS,

Ê to the appropriate public or private mental health facility.

      2.  No person with mental illness may be transported to the mental health facility without at least one attendant of the same sex or a relative in the first degree of consanguinity or affinity being in attendance.

      Sec. 20. NRS 433A.360 is hereby amended to read as follows:

      433A.360  1.  A clinical record for each consumer must be diligently maintained by any division facility, private institution, facility offering mental health services or program of community-based or outpatient services. The record must include information pertaining to the consumer’s admission, legal status, treatment and individualized plan for habilitation. The clinical record is not a public record and no part of it may be released, except:

      (a) If the release is authorized or required pursuant to NRS 439.538.

      (b) The record must be released to physicians, advanced practice registered nurses, attorneys and social agencies as specifically authorized in writing by the consumer, the consumer’s parent, guardian or attorney.

      (c) The record must be released to persons authorized by the order of a court of competent jurisdiction.

      (d) The record or any part thereof may be disclosed to a qualified member of the staff of a division facility, an employee of the Division or a member of the staff of an agency in Nevada which has been established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq., or the Protection and Advocacy for Mentally Ill Individuals Act of 1986, 42 U.S.C. §§ 10801 et seq., when the Administrator deems it necessary for the proper care of the consumer.

      (e) Information from the clinical records may be used for statistical and evaluative purposes if the information is abstracted in such a way as to protect the identity of individual consumers.

      (f) To the extent necessary for a consumer to make a claim, or for a claim to be made on behalf of a consumer for aid, insurance or medical assistance to which the consumer may be entitled, information from the records may be released with the written authorization of the consumer or the consumer’s guardian.

      (g) The record must be released without charge to any member of the staff of an agency in Nevada which has been established pursuant to 42 U.S.C. §§ 15001 et seq. or 42 U.S.C. §§ 10801 et seq. if:

             (1) The consumer is a consumer of that office and the consumer or the consumer’s legal representative or guardian authorizes the release of the record; or

             (2) A complaint regarding a consumer was received by the office or there is probable cause to believe that the consumer has been abused or neglected and the consumer:

 


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                   (I) Is unable to authorize the release of the record because of the consumer’s mental or physical condition; and

                   (II) Does not have a guardian or other legal representative or is a ward of the State.

      (h) The record must be released as provided in NRS 433.332 or 433B.200 and in chapter 629 of NRS.

      2.  As used in this section, “consumer” includes any person who seeks, on the person’s own or others’ initiative, and can benefit from, care, treatment and training in a private institution or facility offering mental health services, from treatment to competency in a private institution or facility offering mental health services, or from a program of community-based or outpatient services.

      Sec. 21. NRS 433A.430 is hereby amended to read as follows:

      433A.430  1.  Whenever the Administrator determines that division facilities within the State are inadequate for the care of any person with mental illness, the Administrator may designate two physicians, licensed under the provisions of chapter 630 or 633 of NRS [,] and familiar with the field of psychiatry, or advanced practice registered nurses who have the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120, to examine that person. If the two physicians or advanced practice registered nurses concur with the opinion of the Administrator, the Administrator may:

      (a) Transfer the person to a state that is a party to the Interstate Compact on Mental Health ratified and enacted in NRS 433.4543 in the manner provided in the Compact; or

      (b) Contract with appropriate corresponding authorities in any other state of the United States that is not a party to the Compact and has adequate facilities for such purposes for the reception, detention, care or treatment of that person, but if the person in any manner objects to the transfer, the procedures in subsection 3 of NRS 433.484 and subsections 2 and 3 of NRS 433.534 must be followed. The two physicians or advanced practice registered nurses so designated are entitled to a reasonable fee for their services which must be paid by the county of the person’s last known residence.

      2.  Money to carry out the provisions of this section must be provided by direct legislative appropriation.

      Sec. 22. NRS 433A.750 is hereby amended to read as follows:

      433A.750  1.  A person who:

      (a) Without probable cause for believing a person to be mentally ill causes or conspires with or assists another to cause the involuntary court-ordered admission of the person under this chapter; or

      (b) Causes or conspires with or assists another to cause the denial to any person of any right accorded to the person under this chapter,

Ê is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      2.  Unless a greater penalty is provided in subsection 1, a person who knowingly and willfully violates any provision of this chapter regarding the admission of a person to, or discharge of a person from, a public or private mental health facility or a program of community-based or outpatient services is guilty of a gross misdemeanor.

      3.  A person who, without probable cause for believing another person to be mentally ill, executes a petition, application or certificate pursuant to this chapter, by which the person secures or attempts to secure the apprehension, hospitalization, detention, admission or restraint of the person alleged to be mentally ill, or any physician, psychiatrist, licensed psychologist , advanced practice registered nurse or other person professionally qualified in the field of psychiatric mental health who knowingly makes any false certificate or application pursuant to this chapter as to the mental condition of any person is guilty of a category D felony and shall be punished as provided in NRS 193.130.

 


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this chapter, by which the person secures or attempts to secure the apprehension, hospitalization, detention, admission or restraint of the person alleged to be mentally ill, or any physician, psychiatrist, licensed psychologist , advanced practice registered nurse or other person professionally qualified in the field of psychiatric mental health who knowingly makes any false certificate or application pursuant to this chapter as to the mental condition of any person is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 23. Chapter 440 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Advanced practice registered nurse” means a registered nurse who holds a valid license as an advanced practice registered nurse issued by the State Board of Nursing pursuant to NRS 632.237.

      Sec. 24. NRS 440.340 is hereby amended to read as follows:

      440.340  1.  Stillborn children or those dead at birth shall be registered as a stillbirth and a certificate of stillbirth shall be filed with the local health officer in the usual form and manner.

      2.  The medical certificate of the cause of death shall be signed by the attending physician [,] or attending advanced practice registered nurse, if any.

      3.  Midwives shall not sign certificates of stillbirth for stillborn children; but such cases, and stillbirths occurring without attendance of either physician , advanced practice registered nurse or midwife, shall be treated as deaths without medical attention as provided for in this chapter.

      Sec. 25. NRS 440.380 is hereby amended to read as follows:

      440.380  1.  The medical certificate of death must be signed by the physician [,] or advanced practice registered nurse, if any, last in attendance on the deceased, or pursuant to regulations adopted by the Board, it may be signed by the attending physician’s associate physician, the chief medical officer of the hospital or institution in which the death occurred, or the pathologist who performed an autopsy upon the deceased. The person who signs the medical certificate of death shall specify:

      (a) The social security number of the deceased.

      (b) The hour and day on which the death occurred.

      (c) The cause of death, so as to show the cause of disease or sequence of causes resulting in death, giving first the primary cause of death or the name of the disease causing death, and the contributory or secondary cause, if any, and the duration of each.

      2.  In deaths in hospitals or institutions, or of nonresidents, the physician or advanced practice registered nurse shall furnish the information required under this section, and may state where, in [the physician’s] his or her opinion, the disease was contracted.

      Sec. 26. NRS 440.390 is hereby amended to read as follows:

      440.390  The certificate of stillbirth must be presented by the funeral director or person acting as undertaker to the physician or advanced practice registered nurse in attendance at the stillbirth, for the certificate of the fact of stillbirth and the medical data pertaining to stillbirth as the physician or advanced practice registered nurse can furnish them in his or her professional capacity.

      Sec. 27. NRS 440.400 is hereby amended to read as follows:

      440.400  Indefinite and unsatisfactory terms, indicating only symptoms of disease or conditions resulting from disease, will not be held sufficient for issuing a burial or removal permit.

 


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issuing a burial or removal permit. Any certificate containing only such terms as defined by the State Board of Health shall be returned to the physician or advanced practice registered nurse for correction and more definite statement.

      Sec. 28. NRS 440.415 is hereby amended to read as follows:

      440.415  1.  A physician who anticipates the death of a patient because of an illness, infirmity or disease may authorize a specific registered nurse or physician assistant or the registered nurses or physician assistants employed by a medical facility or program for hospice care to make a pronouncement of death if they attend the death of the patient. An advanced practice registered nurse who anticipates the death of a patient because of an illness, infirmity or disease may authorize a specific registered nurse or the registered nurses employed by a medical facility or program for hospice care to make a pronouncement of death if they attend the death of the patient.

      2.  Such an authorization is valid for 120 days. Except as otherwise provided in subsection 3, the authorization must:

      (a) Be a written order entered on the chart of the patient;

      (b) State the name of the registered nurse or nurses or physician assistant or assistants authorized to make the pronouncement of death; and

      (c) Be signed and dated by the physician [.] or advanced practice registered nurse.

      3.  If the patient is in a medical facility or under the care of a program for hospice care, the physician may authorize the registered nurses or physician assistants employed by the facility or program , or an advanced practice registered nurse may authorize such a registered nurse, to make pronouncements of death without specifying the name of each nurse or physician assistant, as applicable.

      4.  If a pronouncement of death is made by a registered nurse or physician assistant, the physician or advanced practice registered nurse who authorized that action shall sign the medical certificate of death within 24 hours after being presented with the certificate.

      5.  If a patient in a medical facility is pronounced dead by a registered nurse or physician assistant employed by the facility, the registered nurse or physician assistant may release the body of the patient to a licensed funeral director pending the completion of the medical certificate of death by the attending physician or attending advanced practice registered nurse if the physician , advanced practice registered nurse or the medical director or chief of the medical staff of the facility has authorized the release in writing.

      6.  The Board may adopt regulations concerning the authorization of a registered nurse or physician assistant to make pronouncements of death.

      7.  As used in this section:

      (a) “Advanced practice registered nurse” means a registered nurse who holds a valid license as an advanced practice registered nurse issued by the State Board of Nursing pursuant to NRS 632.237.

      (b) “Medical facility” means:

             (1) A facility for skilled nursing as defined in NRS 449.0039;

             (2) A facility for hospice care as defined in NRS 449.0033;

             (3) A hospital as defined in NRS 449.012;

             (4) An agency to provide nursing in the home as defined in NRS 449.0015; or

             (5) A facility for intermediate care as defined in NRS 449.0038.

 


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      [(b)](c) “Physician assistant” means a person who holds a license as a physician assistant pursuant to chapter 630 or 633 of NRS.

      [(c)](d) “Program for hospice care” means a program for hospice care licensed pursuant to chapter 449 of NRS.

      [(d)](e) “Pronouncement of death” means a declaration of the time and date when the cessation of the cardiovascular and respiratory functions of a patient occurs as recorded in the patient’s medical record by the attending provider of health care in accordance with the provisions of this chapter.

      Sec. 29. NRS 440.420 is hereby amended to read as follows:

      440.420  1.  In case of any death occurring without medical attendance, the funeral director shall notify the local health officer, coroner or coroner’s deputy of such death and refer the case to the local health officer, coroner or coroner’s deputy for immediate investigation and certification.

      2.  Where there is no qualified physician or advanced practice registered nurse in attendance, and in such cases only, the local health officer is authorized to make the certificate and return from the statements of relatives or other persons having adequate knowledge of the facts.

      3.  If the death was caused by unlawful or suspicious means, the local health officer shall then refer the case to the coroner for investigation and certification.

      4.  In counties which have adopted an ordinance authorizing a coroner’s examination in cases of sudden infant death syndrome, the funeral director shall notify the local health officer whenever the cause or suspected cause of death is sudden infant death syndrome. The local health officer shall then refer the case to the coroner for investigation and certification.

      5.  The coroner or the coroner’s deputy may certify the cause of death in any case which is referred to the coroner by the local health officer or pursuant to a local ordinance.

      Sec. 30. NRS 440.470 is hereby amended to read as follows:

      440.470  The funeral director or person acting as undertaker shall present the certificate to the attending physician [,] or attending advanced practice registered nurse, if any, or to the health officer or coroner, for the medical certificate of the cause of death and other particulars necessary to complete the record.

      Sec. 31. NRS 440.720 is hereby amended to read as follows:

      440.720  Any physician or advanced practice registered nurse who was in medical attendance upon any deceased person at the time of death who neglects or refuses to make out and deliver to the funeral director, sexton or other person in charge of the interment, removal or other disposition of the body, upon request, the medical certificate of the cause of death shall be punished by a fine of not more than $250.

      Sec. 32. NRS 440.730 is hereby amended to read as follows:

      440.730  If any physician or advanced practice registered nurse knowingly makes a false certification of the cause of death in any case, the physician or advanced practice registered nurse shall be punished by a fine of not more than $250.

      Sec. 33. NRS 440.770 is hereby amended to read as follows:

      440.770  Any person who furnishes false information to a physician, advanced practice registered nurse, funeral director, midwife or informant for the purpose of making incorrect certification of births or deaths shall be punished by a fine of not more than $250.

 


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      Sec. 34. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 35 to 38, inclusive, of this act.

      Sec. 35. “Advanced practice registered nurse” means a registered nurse who holds a valid license as an advanced practice registered nurse issued by the State Board of Nursing pursuant to NRS 632.237.

      Sec. 36. “Attending advanced practice registered nurse” means an advanced practice registered nurse who has primary responsibility for the treatment and care of the patient.

      Sec. 37. “Advanced practice registered nurse” has the meaning ascribed to it in section 35 of this act.

      Sec. 38. “Attending advanced practice registered nurse” has the meaning ascribed to it in section 36 of this act.

      Sec. 39. NRS 449.535 is hereby amended to read as follows:

      449.535  1.  NRS 449.535 to 449.690, inclusive, and sections 35 and 36 of this act may be cited as the Uniform Act on Rights of the Terminally Ill.

      2.  NRS 449.535 to 449.690, inclusive, and sections 35 and 36 of this act must be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of those sections among states enacting the Uniform Act on Rights of the Terminally Ill.

      Sec. 40. NRS 449.540 is hereby amended to read as follows:

      449.540  As used in NRS 449.535 to 449.690, inclusive, and sections 35 and 36 of this act, unless the context otherwise requires, the words and terms defined in NRS 449.550 to 449.590, inclusive, and sections 35 and 36 of this act have the meanings ascribed to them in those sections.

      Sec. 41. NRS 449.585 is hereby amended to read as follows:

      449.585  “Qualified patient” means a patient 18 or more years of age who has executed a declaration and who has been determined by the attending physician or attending advanced practice registered nurse to be in a terminal condition.

      Sec. 42. NRS 449.590 is hereby amended to read as follows:

      449.590  “Terminal condition” means an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of the attending physician [,] or attending advanced practice registered nurse, result in death within a relatively short time.

      Sec. 43. NRS 449.610 is hereby amended to read as follows:

      449.610  A declaration directing a physician or advanced practice registered nurse to withhold or withdraw life-sustaining treatment may, but need not, be in the following form:

 

DECLARATION

 

If I should have an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of my attending physician [,] or attending advanced practice registered nurse, cause my death within a relatively short time, and I am no longer able to make decisions regarding my medical treatment, I direct my attending physician [,] or attending advanced practice registered nurse, pursuant to NRS 449.535 to 449.690, inclusive, and sections 35 and 36 of this act, to withhold or withdraw treatment that only prolongs the process of dying and is not necessary for my comfort or to alleviate pain.

 


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If you wish to include this statement in this declaration, you must INITIAL the statement in the box provided:

 

       Withholding or withdrawal of artificial nutrition and hydration may result in death by starvation or dehydration. Initial this box if you want to receive or continue receiving artificial nutrition and hydration by way of the gastrointestinal tract after all other treatment is withheld pursuant to this declaration.

 

                                                                                           [................................ ]

 

Signed this ........………...... day of ..…..........., ......

 

                                                       Signature....................................................

                                                       Address.......................................................

 

The declarant voluntarily signed this writing in my presence.

 

                                                       Witness.......................................................

                                                       Address.......................................................

 

                                                       Witness.......................................................

                                                       Address.......................................................

      Sec. 44. NRS 449.613 is hereby amended to read as follows:

      449.613  1.  A declaration that designates another person to make decisions governing the withholding or withdrawal of life-sustaining treatment may, but need not, be in the following form:

 

DECLARATION

 

If I should have an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of my attending physician [,] or attending advanced practice registered nurse, cause my death within a relatively short time, and I am no longer able to make decisions regarding my medical treatment, I appoint ............................... or, if he or she is not reasonably available or is unwilling to serve, .............................., to make decisions on my behalf regarding withholding or withdrawal of treatment that only prolongs the process of dying and is not necessary for my comfort or to alleviate pain, pursuant to NRS 449.535 to 449.690, inclusive [.] , and sections 35 and 36 of this act. (If the person or persons I have so appointed are not reasonably available or are unwilling to serve, I direct my attending physician [,] or attending advanced practice registered nurse, pursuant to those sections, to withhold or withdraw treatment that only prolongs the process of dying and is not necessary for my comfort or to alleviate pain.)

Strike language in parentheses if you do not desire it.

 


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If you wish to include this statement in this declaration, you must INITIAL the statement in the box provided:

 

       Withholding or withdrawal of artificial nutrition and hydration may result in death by starvation or dehydration. Initial this box if you want to receive or continue receiving artificial nutrition and hydration by way of the gastrointestinal tract after all other treatment is withheld pursuant to this declaration.

 

                                                                                           [................................ ]

 

Signed this ........………...... day of ..…..........., ......

 

                                                       Signature....................................................

                                                       Address.......................................................

 

The declarant voluntarily signed this writing in my presence.

 

                                                       Witness.......................................................

                                                       Address.......................................................

 

                                                       Witness.......................................................

                                                       Address.......................................................

 

Name and address of each designee.

 

                                                       Name..........................................................

                                                       Address.......................................................

 

      2.  The designation of an agent pursuant to chapter 162A of NRS, or the judicial appointment of a guardian, who is authorized to make decisions regarding the withholding or withdrawal of life-sustaining treatment, constitutes for the purpose of NRS 449.535 to 449.690, inclusive, and sections 35 and 36 of this act, a declaration designating another person to act for the declarant pursuant to subsection 1.

      Sec. 45. NRS 449.617 is hereby amended to read as follows:

      449.617  A declaration becomes operative when it is communicated to the attending physician or attending advanced practice registered nurse and the declarant is determined by the attending physician or attending advanced practice registered nurse to be in a terminal condition and no longer able to make decisions regarding administration of life-sustaining treatment. When the declaration becomes operative, the attending physician and other providers of health care shall act in accordance with its provisions and with the instructions of a person designated pursuant to NRS 449.600 or comply with the requirements of NRS 449.628 to transfer care of the declarant.

      Sec. 46. NRS 449.622 is hereby amended to read as follows:

      449.622  Upon determining that a declarant is in a terminal condition, the attending physician or attending advanced practice registered nurse who knows of a declaration shall record the determination, and the terms of the declaration if not already a part of the record, in the declarant’s medical record.

 


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      Sec. 47. NRS 449.624 is hereby amended to read as follows:

      449.624  1.  A qualified patient may make decisions regarding life-sustaining treatment so long as the patient is able to do so.

      2.  NRS 449.535 to 449.690, inclusive, and sections 35 and 36 of this act do not affect the responsibility of the attending physician or other provider of health care to provide treatment for a patient’s comfort or alleviation of pain.

      3.  Artificial nutrition and hydration by way of the gastrointestinal tract shall be deemed a life-sustaining treatment and must be withheld or withdrawn from a qualified patient unless a different desire is expressed in writing by the patient. For a patient who has no effective declaration, artificial nutrition and hydration must not be withheld unless a different desire is expressed in writing by the patient’s authorized representative or the family member with the authority to consent or withhold consent.

      4.  Life-sustaining treatment must not be withheld or withdrawn pursuant to a declaration from a qualified patient known to the attending physician or attending advanced practice registered nurse to be pregnant so long as it is probable that the fetus will develop to the point of live birth with continued application of life-sustaining treatment.

      Sec. 48. NRS 449.626 is hereby amended to read as follows:

      449.626  1.  If written consent to the withholding or withdrawal of the treatment, attested by two witnesses, is given to the attending physician [,] or attending advanced practice registered nurse, the attending physician or attending advanced practice registered nurse may withhold or withdraw life-sustaining treatment from a patient who:

      (a) Has been determined by the attending physician or attending advanced practice registered nurse to be in a terminal condition and no longer able to make decisions regarding administration of life-sustaining treatment; and

      (b) Has no effective declaration.

      2.  The authority to consent or to withhold consent under subsection 1 may be exercised by the following persons, in order of priority:

      (a) The spouse of the patient;

      (b) An adult child of the patient or, if there is more than one adult child, a majority of the adult children who are reasonably available for consultation;

      (c) The parents of the patient;

      (d) An adult sibling of the patient or, if there is more than one adult sibling, a majority of the adult siblings who are reasonably available for consultation; or

      (e) The nearest other adult relative of the patient by blood or adoption who is reasonably available for consultation.

      3.  If a class entitled to decide whether to consent is not reasonably available for consultation and competent to decide, or declines to decide, the next class is authorized to decide, but an equal division in a class does not authorize the next class to decide.

      4.  A decision to grant or withhold consent must be made in good faith. A consent is not valid if it conflicts with the expressed intention of the patient.

      5.  A decision of the attending physician or attending advanced practice registered nurse acting in good faith that a consent is valid or invalid is conclusive.

 


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      6.  Life-sustaining treatment must not be withheld or withdrawn pursuant to this section from a patient known to the attending physician or attending advanced practice registered nurse to be pregnant so long as it is probable that the fetus will develop to the point of live birth with continued application of life-sustaining treatment.

      Sec. 49. NRS 449.640 is hereby amended to read as follows:

      449.640  1.  If a patient in a terminal condition has a declaration in effect and becomes comatose or is otherwise rendered incapable of communicating with his or her attending physician [,] or attending advanced practice registered nurse, the physician or advanced practice registered nurse must give weight to the declaration as evidence of the patient’s directions regarding the application of life-sustaining treatments, but the attending physician or attending advanced practice registered nurse may also consider other factors in determining whether the circumstances warrant following the directions.

      2.  No hospital or other medical facility, physician , advanced practice registered nurse or person working under the direction of a physician or advanced practice registered nurse is subject to criminal or civil liability for failure to follow the directions of the patient to withhold or withdraw life-sustaining treatments.

      Sec. 50. NRS 449.660 is hereby amended to read as follows:

      449.660  1.  A physician or other provider of health care who willfully fails to transfer the care of a patient in accordance with NRS 449.628 is guilty of a gross misdemeanor.

      2.  A physician or advanced practice registered nurse who willfully fails to record a determination of terminal condition or the terms of a declaration in accordance with NRS 449.622 is guilty of a misdemeanor.

      3.  A person who willfully conceals, cancels, defaces or obliterates the declaration of another without the declarant’s consent or who falsifies or forges a revocation of the declaration of another is guilty of a misdemeanor.

      4.  A person who falsifies or forges the declaration of another, or willfully conceals or withholds personal knowledge of a revocation, with the intent to cause a withholding or withdrawal of life-sustaining treatment contrary to the wishes of the declarant and thereby directly causes life-sustaining treatment to be withheld or withdrawn and death to be hastened is guilty of murder.

      5.  A person who requires or prohibits the execution of a declaration as a condition of being insured for, or receiving, health care is guilty of a misdemeanor.

      6.  A person who coerces or fraudulently induces another to execute a declaration, or who falsifies or forges the declaration of another except as provided in subsection 4, is guilty of a gross misdemeanor.

      7.  The penalties provided in this section do not displace any sanction applicable under other law.

      Sec. 51. NRS 449.690 is hereby amended to read as follows:

      449.690  1.  A declaration executed in another state in compliance with the law of that state or of this State is valid for purposes of NRS 449.535 to 449.690, inclusive [.] , and sections 35 and 36 of this act.

      2.  An instrument executed anywhere before July 1, 1977, which clearly expresses the intent of the declarant to direct the withholding or withdrawal of life-sustaining treatment from the declarant when the declarant is in a terminal condition and becomes comatose or is otherwise rendered incapable of communicating with his or her attending physician [,] or attending advanced practice registered nurse, if executed in a manner which attests voluntary execution, or executed anywhere before October 1, 1991, which substantially complies with NRS 449.600, and has not been subsequently revoked, is effective under NRS 449.535 to 449.690, inclusive [.]

 


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of communicating with his or her attending physician [,] or attending advanced practice registered nurse, if executed in a manner which attests voluntary execution, or executed anywhere before October 1, 1991, which substantially complies with NRS 449.600, and has not been subsequently revoked, is effective under NRS 449.535 to 449.690, inclusive [.] , and sections 35 and 36 of this act.

      3.  As used in this section, “state” includes the District of Columbia, the Commonwealth of Puerto Rico, and a territory or insular possession subject to the jurisdiction of the United States.

      Sec. 52. NRS 449.691 is hereby amended to read as follows:

      449.691  As used in NRS 449.691 to 449.697, inclusive, and sections 37 and 38 of this act, unless the context otherwise requires, the words and terms defined in NRS 449.6912 to 449.6934, inclusive, and sections 37 and 38 of this act have the meanings ascribed to them in those sections.

      Sec. 53. NRS 449.693 is hereby amended to read as follows:

      449.693  [“Physician] “Provider Order for Life-Sustaining Treatment form” or “POLST form” means the form prescribed pursuant to NRS 449.694 that:

      1.  Records the wishes of the patient; and

      2.  Directs a provider of health care regarding the provision of life-resuscitating treatment and life-sustaining treatment.

      Sec. 54. NRS 449.694 is hereby amended to read as follows:

      449.694  The Board shall prescribe a standardized [Physician] Provider Order for Life-Sustaining Treatment form, commonly known as a POLST form, which:

      1.  Is uniquely identifiable and has a uniform color;

      2.  Provides a means by which to indicate whether the patient has made an anatomical gift pursuant to NRS 451.500 to 451.598, inclusive;

      3.  Gives direction to a provider of health care or health care facility regarding the use of emergency care and life-sustaining treatment;

      4.  Is intended to be honored by any provider of health care who treats the patient in any health-care setting, including, without limitation, the patient’s residence, a health care facility or the scene of a medical emergency; and

      5.  Includes such other features and information as the Board may deem advisable.

      Sec. 55. NRS 449.6942 is hereby amended to read as follows:

      449.6942  1.  A physician or advanced practice registered nurse shall take the actions described in subsection 2:

      (a) If the physician or advanced practice registered nurse diagnoses a patient with a terminal condition;

      (b) If the physician or advanced practice registered nurse determines, for any reason, that a patient has a life expectancy of less than 5 years; or

      (c) At the request of a patient.

      2.  Upon the occurrence of any of the events specified in subsection 1, the physician or advanced practice registered nurse shall explain to the patient:

      (a) The existence and availability of the [Physician] Provider Order for Life-Sustaining Treatment form;

      (b) The features of and procedures offered by way of the POLST form; and

 


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      (c) The differences between a POLST form and the other types of advance directives.

      3.  Upon the request of the patient, the physician or advanced practice registered nurse shall complete the POLST form based on the preferences and medical indications of the patient.

      4.  A POLST form is valid upon execution by a physician or advanced practice registered nurse and:

      (a) If the patient is 18 years of age or older and of sound mind, the patient;

      (b) If the patient is 18 years of age or older and incompetent, the representative of the patient; or

      (c) If the patient is less than 18 years of age, the patient and a parent or legal guardian of the patient.

      5.  As used in this section, “terminal condition” has the meaning ascribed to it in NRS 449.590.

      Sec. 56. NRS 449.6944 is hereby amended to read as follows:

      449.6944  1.  A [Physician] Provider Order for Life-Sustaining Treatment form may be revoked at any time and in any manner by:

      (a) The patient who executed it, if competent, without regard to his or her age or physical condition;

      (b) If the patient is incompetent, the representative of the patient; or

      (c) If the patient is less than 18 years of age, a parent or legal guardian of the patient.

      2.  The revocation of a POLST form is effective upon the communication to a provider of health care, by the patient or a witness to the revocation, of the desire to revoke the form. The provider of health care to whom the revocation is communicated shall:

      (a) Make the revocation a part of the medical record of the patient; or

      (b) Cause the revocation to be made a part of the medical record of the patient.

      Sec. 57. NRS 449.6946 is hereby amended to read as follows:

      449.6946  1.  If a valid [Physician] Provider Order for Life-Sustaining Treatment form sets forth a declaration, direction or order which conflicts with a declaration, direction or order set forth in one or more of the other types of advance directives:

      (a) The declaration, direction or order set forth in the document executed most recently is valid; and

      (b) Any other declarations, directions or orders that do not conflict with a declaration, direction or order set forth in another document referenced in this subsection remain valid.

      2.  If a valid POLST form sets forth a declaration, direction or order to provide life-resuscitating treatment to a patient who also possesses a do-not-resuscitate identification, a provider of health care shall not provide life-resuscitating treatment if the do-not-resuscitate identification is on the person of the patient when the need for life-resuscitating treatment arises.

      Sec. 58. NRS 449.6948 is hereby amended to read as follows:

      449.6948  1.  A provider of health care is not guilty of unprofessional conduct or subject to civil or criminal liability if:

      (a) The provider of health care withholds emergency care or life-sustaining treatment:

 


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             (1) In compliance with a [Physician] Provider Order for Life-Sustaining Treatment form and the provisions of NRS 449.691 to 449.697, inclusive [;] , and sections 37 and 38 of this act; or

             (2) In violation of a [Physician] Provider Order for Life-Sustaining Treatment form if the provider of health care is acting in accordance with a declaration, direction or order set forth in one or more of the other types of advance directives and:

                   (I) Complies with the provisions of NRS 449.695; or

                   (II) Reasonably and in good faith, at the time the emergency care or life-sustaining treatment is withheld, is unaware of the existence of the POLST form or believes that the POLST form has been revoked pursuant to NRS 449.6944; or

      (b) The provider of health care provides emergency care or life-sustaining treatment:

             (1) Pursuant to an oral or written request made by the patient, the representative of the patient, or a parent or legal guardian of the patient, who may revoke the POLST form pursuant to NRS 449.6944;

             (2) Pursuant to an observation that the patient, the representative of the patient or a parent or legal guardian of the patient has revoked, or otherwise indicated that he or she wishes to revoke, the POLST form pursuant to NRS 449.6944; or

             (3) In violation of a POLST form, if the provider of health care reasonably and in good faith, at the time the emergency care or life-sustaining treatment is provided, is unaware of the existence of the POLST form or believes that the POLST form has been revoked pursuant to NRS 449.6944.

      2.  A health care facility, ambulance service, fire-fighting agency or other entity that employs a provider of health care is not guilty of unprofessional conduct or subject to civil or criminal liability for the acts or omissions of the employee carried out in accordance with the provisions of subsection 1.

      Sec. 59. NRS 449.695 is hereby amended to read as follows:

      449.695  1.  Except as otherwise provided in this section and NRS 449.6946, a provider of health care shall comply with a valid [Physician] Provider Order for Life-Sustaining Treatment form, regardless of whether the provider of health care is employed by a health care facility or other entity affiliated with the physician or advanced practice registered nurse who executed the POLST form.

      2.  A physician or advanced practice registered nurse may medically evaluate the patient and, based upon the evaluation, may recommend new orders consistent with the most current information available about the patient’s health status and goals of care. Before making a modification to a valid POLST form, the physician or advanced practice registered nurse shall consult the patient or, if the patient is incompetent, shall make a reasonable attempt to consult the representative of the patient and the patient’s attending physician [.] or attending advanced practice registered nurse.

      3.  Except as otherwise provided in subsection 4, a provider of health care who is unwilling or unable to comply with a valid POLST form shall take all reasonable measures to transfer the patient to a physician , advanced practice registered nurse or health care facility so that the POLST form will be followed.

 


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      4.  Life-sustaining treatment must not be withheld or withdrawn pursuant to a POLST form of a patient known to the attending physician or attending advanced practice registered nurse to be pregnant, so long as it is probable that the fetus will develop to the point of live birth with the continued application of life-sustaining treatment.

      5.  Nothing in this section requires a provider of health care to comply with a valid POLST form if the provider of health care does not have actual knowledge of the existence of the form.

      Sec. 60. NRS 449.6952 is hereby amended to read as follows:

      449.6952  1.  Unless he or she has knowledge to the contrary, a provider of health care may assume that a [Physician] Provider Order for Life-Sustaining Treatment form complies with the provisions of NRS 449.691 to 449.697, inclusive, and sections 37 and 38 of this act and is valid.

      2.  The provisions of NRS 449.691 to 449.697, inclusive, and sections 37 and 38 of this act do not create a presumption concerning the intention of a:

      (a) Patient if the patient, the representative of the patient or a parent or legal guardian of the patient has revoked the POLST form pursuant to NRS 449.6944; or

      (b) Person who has not executed a POLST form,

Ê concerning the use or withholding of emergency care or life-sustaining treatment.

      Sec. 61. NRS 449.6954 is hereby amended to read as follows:

      449.6954  1.  Death that results when emergency care or life-sustaining treatment has been withheld pursuant to a [Physician] Provider Order for Life-Sustaining Treatment form and in accordance with the provisions of NRS 449.691 to 449.697, inclusive, and sections 37 and 38 of this act does not constitute a suicide or homicide.

      2.  The execution of a POLST form does not affect the sale, procurement or issuance of a policy of life insurance or an annuity, nor does it affect, impair or modify the terms of an existing policy of life insurance or an annuity. A policy of life insurance or an annuity is not legally impaired or invalidated if emergency care or life-sustaining treatment has been withheld from an insured who has executed a POLST form, notwithstanding any term in the policy or annuity to the contrary.

      3.  A person may not prohibit or require the execution of a POLST form as a condition of being insured for, or receiving, health care.

      Sec. 62. NRS 449.6956 is hereby amended to read as follows:

      449.6956  1.  It is unlawful for:

      (a) A provider of health care to willfully fail to transfer the care of a patient in accordance with subsection 3 of NRS 449.695.

      (b) A person to willfully conceal, cancel, deface or obliterate a [Physician] Provider Order for Life-Sustaining Treatment form without the consent of the patient who executed the form.

      (c) A person to falsify or forge the POLST form of another person, or willfully conceal or withhold personal knowledge of the revocation of the POLST form of another person, with the intent to cause the withholding or withdrawal of emergency care or life-sustaining treatment contrary to the wishes of the patient.

 


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      (d) A person to require or prohibit the execution of a POLST form as a condition of being insured for, or receiving, health care in violation of subsection 3 of NRS 449.6954.

      (e) A person to coerce or fraudulently induce another to execute a POLST form.

      2.  A person who violates any of the provisions of this section is guilty of a misdemeanor.

      Sec. 63. NRS 449.696 is hereby amended to read as follows:

      449.696  1.  A [Physician] Provider Order for Life-Sustaining Treatment form executed in another state in compliance with the laws of that state or this State is valid for the purposes of NRS 449.691 to 449.697, inclusive [.] , and sections 37 and 38 of this act.

      2.  As used in this section, “state” includes the District of Columbia, the Commonwealth of Puerto Rico and a territory or insular possession subject to the jurisdiction of the United States.

      Sec. 64. NRS 449.779 is hereby amended to read as follows:

      449.779  1.  Except as otherwise provided in subsection 2, mechanical restraint may be used on a person with a disability who is a patient at a facility only if:

      (a) An emergency exists that necessitates the use of mechanical restraint;

      (b) A medical order authorizing the use of mechanical restraint is obtained from the patient’s treating physician or advanced practice registered nurse before the application of the mechanical restraint or not later than 15 minutes after the application of the mechanical restraint;

      (c) The physician or advanced practice registered nurse who signed the order required pursuant to paragraph (b) or the attending physician or attending advanced practice registered nurse examines the patient not later than 1 working day immediately after the application of the mechanical restraint;

      (d) The mechanical restraint is applied by a member of the staff of the facility who is trained and qualified to apply mechanical restraint;

      (e) The patient is given the opportunity to move and exercise the parts of his or her body that are restrained at least 10 minutes per every 60 minutes of restraint;

      (f) A member of the staff of the facility lessens or discontinues the restraint every 15 minutes to determine whether the patient will stop or control his or her inappropriate behavior without the use of the restraint;

      (g) The record of the patient contains a notation that includes the time of day that the restraint was lessened or discontinued pursuant to paragraph (f), the response of the patient and the response of the member of the staff of the facility who applied the mechanical restraint;

      (h) A member of the staff of the facility continuously monitors the patient during the time that mechanical restraint is used on the patient; and

      (i) The patient is released from the mechanical restraint as soon as the behavior of the patient no longer presents an immediate threat to himself or herself or others.

      2.  Mechanical restraint may be used on a person with a disability who is a patient at a facility and the provisions of subsection 1 do not apply if the mechanical restraint is used to:

 


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      (a) Treat the medical needs of a patient;

      (b) Protect a patient who is known to be at risk of injury to himself or herself because the patient lacks coordination or suffers from frequent loss of consciousness;

      (c) Provide proper body alignment to a patient; or

      (d) Position a patient who has physical disabilities in a manner prescribed in the patient’s plan of treatment.

      3.  If mechanical restraint is used on a person with a disability who is a patient at a facility in an emergency, the use of the procedure must be reported as a denial of rights pursuant to NRS 449.786, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

      Sec. 65. NRS 449.780 is hereby amended to read as follows:

      449.780  1.  Chemical restraint may only be used on a person with a disability who is a patient at a facility if:

      (a) The patient has been diagnosed as a person with mental illness, as defined in NRS 433A.115, and is receiving mental health services from a facility;

      (b) The chemical restraint is administered to the patient while he or she is under the care of the facility;

      (c) An emergency exists that necessitates the use of chemical restraint;

      (d) A medical order authorizing the use of chemical restraint is obtained from the patient’s attending physician , [or] psychiatrist [;] or advanced practice registered nurse;

      (e) The physician , [or] psychiatrist or advanced practice registered nurse who signed the order required pursuant to paragraph (d) examines the patient not later than 1 working day immediately after the administration of the chemical restraint; and

      (f) The chemical restraint is administered by a person licensed to administer medication.

      2.  If chemical restraint is used on a person with a disability who is a patient, the use of the procedure must be reported as a denial of rights pursuant to NRS 449.786, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

      Sec. 66. NRS 449.905 is hereby amended to read as follows:

      449.905  “Advance directive” means an advance directive for health care. The term includes:

      1.  A declaration governing the withholding or withdrawal of life-sustaining treatment as set forth in NRS 449.535 to 449.690, inclusive [;] , and sections 35 and 36 of this act;

      2.  A durable power of attorney for health care as set forth in NRS 162A.700 to 162A.865, inclusive;

      3.  A do-not-resuscitate order as defined in NRS 450B.420; and

      4.  A [Physician] Provider Order for Life-Sustaining Treatment form as defined in NRS 449.693.

      Sec. 67. NRS 449.945 is hereby amended to read as follows:

      449.945  1.  The provisions of NRS 449.900 to 449.965, inclusive, do not require a provider of health care to inquire whether a patient has an advance directive registered on the Registry or to access the Registry to determine the terms of the advance directive.

 


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      2.  A provider of health care who relies in good faith on the provisions of an advance directive retrieved from the Registry is immune from criminal and civil liability as set forth in:

      (a) NRS 449.630, if the advance directive is a declaration governing the withholding or withdrawal of life-sustaining treatment executed pursuant to NRS 449.535 to 449.690, inclusive, and sections 35 and 36 of this act or a durable power of attorney for health care executed pursuant to NRS 162A.700 to 162A.865, inclusive;

      (b) NRS 449.691 to 449.697, inclusive, and sections 37 and 38 of this act, if the advance directive is a [Physician] Provider Order for Life-Sustaining Treatment form; or

      (c) NRS 450B.540, if the advance directive is a do-not-resuscitate order as defined in NRS 450B.420.

      Sec. 68. Chapter 450B of NRS is hereby amended by adding thereto the provisions set forth as sections 69 and 70 of this act.

      Sec. 69. “Advanced practice registered nurse” has the meaning ascribed to it in section 35 of this act.

      Sec. 70. “Attending advanced practice registered nurse” has the meaning ascribed to it in section 36 of this act.

      Sec. 71. NRS 450B.400 is hereby amended to read as follows:

      450B.400  As used in NRS 450B.400 to 450B.590, inclusive, and sections 69 and 70 of this act, unless the context otherwise requires, the words and terms defined in NRS 450B.405 to 450B.475, inclusive, and sections 69 and 70 of this act have the meanings ascribed to them in those sections.

      Sec. 72. NRS 450B.410 is hereby amended to read as follows:

      450B.410  “Do-not-resuscitate identification” means:

      1.  A form of identification approved by the health authority, which signifies that:

      (a) A person is a qualified patient who wishes not to be resuscitated in the event of cardiac or respiratory arrest; or

      (b) The patient’s attending physician or attending advanced practice registered nurse has:

             (1) Issued a do-not-resuscitate order for the patient;

             (2) Obtained the written approval of the patient concerning the order; and

             (3) Documented the grounds for the order in the patient’s medical record.

      2.  The term also includes a valid do-not-resuscitate identification issued under the laws of another state.

      Sec. 73. NRS 450B.420 is hereby amended to read as follows:

      450B.420  “Do-not-resuscitate order” means a written directive issued by a physician or advanced practice registered nurse licensed in this state that emergency life-resuscitating treatment must not be administered to a qualified patient. The term also includes a valid do-not-resuscitate order issued under the laws of another state.

      Sec. 74. NRS 450B.470 is hereby amended to read as follows:

      450B.470  “Qualified patient” means:

      1.  A patient 18 years of age or older who has been determined by the patient’s attending physician or attending advanced practice registered nurse to be in a terminal condition and who:

 


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      (a) Has executed a declaration in accordance with the requirements of NRS 449.600;

      (b) Has executed a [Physician] Provider Order for Life-Sustaining Treatment form pursuant to NRS 449.691 to 449.697, inclusive, and sections 37 and 38 of this act, if the form provides that the patient is not to receive life-resuscitating treatment; or

      (c) Has been issued a do-not-resuscitate order pursuant to NRS 450B.510.

      2.  A patient who is less than 18 years of age and who:

      (a) Has been determined by the patient’s attending physician or attending advanced practice registered nurse to be in a terminal condition; and

      (b) Has executed a [Physician] Provider Order for Life-Sustaining Treatment form pursuant to NRS 449.691 to 449.697, inclusive, and sections 37 and 38 of this act, if the form provides that the patient is not to receive life-resuscitating treatment or has been issued a do-not-resuscitate order pursuant to NRS 450B.510.

      Sec. 75. NRS 450B.480 is hereby amended to read as follows:

      450B.480  The provisions of NRS 450B.400 to 450B.590, inclusive, and sections 69 and 70 of this act apply only to emergency medical services administered to a qualified patient:

      1.  Before he or she is admitted to a medical facility; or

      2.  While the qualified patient is being prepared to be transferred, or is being transferred, from one health care facility to another health care facility.

      Sec. 76. NRS 450B.500 is hereby amended to read as follows:

      450B.500  Each do-not-resuscitate identification issued by the health authority must include, without limitation:

      1.  An identification number that is unique to the qualified patient to whom the identification is issued;

      2.  The name and date of birth of the patient; and

      3.  The name of the attending physician or attending advanced practice registered nurse of the patient.

      Sec. 77. NRS 450B.510 is hereby amended to read as follows:

      450B.510  1.  A physician or advanced practice registered nurse licensed in this state may issue a written do-not-resuscitate order only to a patient who has been determined to be in a terminal condition.

      2.  Except as otherwise provided in subsection 3, the order is effective only if the patient has agreed to its terms, in writing, while the patient is capable of making an informed decision.

      3.  If the patient is a minor, the order is effective only if:

      (a) The parent or legal guardian of the minor has agreed to its terms, in writing; and

      (b) The minor has agreed to its terms, in writing, while the minor is capable of making an informed decision if, in the opinion of the attending physician [,] or attending advanced practice registered nurse, the minor is of sufficient maturity to understand the nature and effect of withholding life-resuscitating treatment.

      4.  A physician or advanced practice registered nurse who issues a do-not-resuscitate order may apply, on behalf of the patient, to the health authority for a do-not-resuscitate identification for that patient.

 


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      Sec. 78. NRS 450B.520 is hereby amended to read as follows:

      450B.520  Except as otherwise provided in NRS 450B.525:

      1.  A qualified patient may apply to the health authority for a do-not-resuscitate identification by submitting an application on a form provided by the health authority. To obtain a do-not-resuscitate identification, the patient must comply with the requirements prescribed by the board and sign a form which states that the patient has informed each member of his or her family within the first degree of consanguinity or affinity, whose whereabouts are known to the patient, or if no such members are living, the patient’s legal guardian, if any, or if he or she has no such members living and has no legal guardian, his or her caretaker, if any, of the patient’s decision to apply for an identification.

      2.  An application must include, without limitation:

      (a) Certification by the patient’s attending physician or attending advanced practice registered nurse that the patient suffers from a terminal condition;

      (b) Certification by the patient’s attending physician or attending advanced practice registered nurse that the patient is capable of making an informed decision or, when the patient was capable of making an informed decision, that the patient:

             (1) Executed:

                   (I) A written directive that life-resuscitating treatment be withheld under certain circumstances;

                   (II) A durable power of attorney for health care pursuant to NRS 162A.700 to 162A.865, inclusive; or

                   (III) A [Physician] Provider Order for Life-Sustaining Treatment form pursuant to NRS 449.691 to 449.697, inclusive, and sections 37 and 38 of this act, if the form provides that the patient is not to receive life-resuscitating treatment; or

             (2) Was issued a do-not-resuscitate order pursuant to NRS 450B.510;

      (c) A statement that the patient does not wish that life-resuscitating treatment be undertaken in the event of a cardiac or respiratory arrest;

      (d) The name, signature and telephone number of the patient’s attending physician [;] or attending advanced practice registered nurse; and

      (e) The name and signature of the patient or the agent who is authorized to make health care decisions on the patient’s behalf pursuant to a durable power of attorney for health care decisions.

      Sec. 79. NRS 450B.525 is hereby amended to read as follows:

      450B.525  1.  A parent or legal guardian of a minor may apply to the health authority for a do-not-resuscitate identification on behalf of the minor if the minor has been:

      (a) Determined by his or her attending physician or attending advanced practice registered nurse to be in a terminal condition; and

      (b) Issued a do-not-resuscitate order pursuant to NRS 450B.510.

      2.  To obtain such a do-not-resuscitate identification, the parent or legal guardian must:

      (a) Submit an application on a form provided by the health authority; and

      (b) Comply with the requirements prescribed by the board.

      3.  An application submitted pursuant to subsection 2 must include, without limitation:

 


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      (a) Certification by the minor’s attending physician or attending advanced practice registered nurse that the minor:

             (1) Suffers from a terminal condition; and

             (2) Has executed a [Physician] Provider Order for Life-Sustaining Treatment form pursuant to NRS 449.691 to 449.697, inclusive, and sections 37 and 38 of this act, if the form provides that the minor is not to receive life-resuscitating treatment or has been issued a do-not-resuscitate order pursuant to NRS 450B.510;

      (b) A statement that the parent or legal guardian of the minor does not wish that life-resuscitating treatment be undertaken in the event of a cardiac or respiratory arrest;

      (c) The name of the minor;

      (d) The name, signature and telephone number of the minor’s attending physician [;] or attending advanced practice registered nurse; and

      (e) The name, signature and telephone number of the minor’s parent or legal guardian.

      4.  The parent or legal guardian of the minor may revoke the authorization to withhold life-resuscitating treatment by removing or destroying or requesting the removal or destruction of the identification or otherwise indicating to a person that he or she wishes to have the identification removed or destroyed.

      5.  If, in the opinion of the attending physician [,] or attending advanced practice registered nurse, the minor is of sufficient maturity to understand the nature and effect of withholding life-resuscitating treatment:

      (a) The do-not-resuscitate identification obtained pursuant to this section is not effective without the assent of the minor.

      (b) The minor may revoke the authorization to withhold life-resuscitating treatment by removing or destroying or requesting the removal or destruction of the identification or otherwise indicating to a person that the minor wishes to have the identification removed or destroyed.

      Sec. 80. NRS 450B.540 is hereby amended to read as follows:

      450B.540  1.  A person is not guilty of unprofessional conduct or subject to civil or criminal liability if the person:

      (a) Is a physician or advanced practice registered nurse who:

             (1) Causes the withholding of life-resuscitating treatment from a qualified patient who possesses a do-not-resuscitate identification in accordance with the do-not-resuscitate protocol; or

             (2) While the patient is being prepared to be transferred, or is being transferred, from one health care facility to another health care facility, carries out a do-not-resuscitate order that is documented in the medical record of a qualified patient, in accordance with the do-not-resuscitate protocol;

      (b) Pursuant to the direction of or with the authorization of a physician [,] or advanced practice registered nurse, participates in:

             (1) The withholding of life-resuscitating treatment from a qualified patient who possesses a do-not-resuscitate identification in accordance with the do-not-resuscitate protocol; or

             (2) While the patient is being prepared to be transferred, or is being transferred, from one health care facility to another health care facility, carrying out a do-not-resuscitate order that is documented in the medical record of a qualified patient, in accordance with the do-not-resuscitate protocol; or

 


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      (c) Administers emergency medical services and:

             (1) Causes or participates in the withholding of life-resuscitating treatment from a qualified patient who possesses a do-not-resuscitate identification;

             (2) Before a qualified patient is admitted to a medical facility, carries out a do-not-resuscitate order that has been issued in accordance with the do-not-resuscitate protocol; or

             (3) While the patient is being prepared to be transferred, or is being transferred, from one health care facility to another health care facility, carries out a do-not-resuscitate order that is documented in the medical record of a qualified patient, in accordance with the do-not-resuscitate protocol.

      2.  A health care facility, ambulance service or fire-fighting agency that employs a person described in subsection 1 is not guilty of unprofessional conduct or subject to civil or criminal liability for the acts or omissions of the employee carried out in accordance with the provisions of subsection 1.

      3.  A physician [,] or advanced practice registered nurse, a person pursuant to the direction or authorization of a physician [,] or advanced practice registered nurse, a health care facility or a person administering emergency medical services who provides life-resuscitating treatment pursuant to:

      (a) An oral or written request made by a qualified patient, or the parent or legal guardian of a qualified patient, who may revoke the authorization to withhold life-resuscitating treatment pursuant to NRS 450B.525 or 450B.530; or

      (b) An observation that a qualified patient, or the parent or legal guardian of a qualified patient, has revoked or otherwise indicated that he or she wishes to revoke the authorization to withhold life-resuscitating treatment pursuant to NRS 450B.525 or 450B.530,

Ê is not guilty of unprofessional conduct or subject to civil or criminal liability.

      Sec. 81. NRS 450B.550 is hereby amended to read as follows:

      450B.550  1.  Except as otherwise provided in subsection 2, a person who administers emergency medical services shall comply with do-not-resuscitate protocol when the person observes a do-not-resuscitate identification or carries out a do-not-resuscitate order.

      2.  A person who administers emergency medical services and who is unwilling or unable to comply with the do-not-resuscitate protocol shall take all reasonable measures to transfer a qualified patient who possesses a do-not-resuscitate identification or has been issued a do-not-resuscitate order to a physician , advanced practice registered nurse or health care facility in which the do-not-resuscitate protocol may be followed.

      Sec. 82. NRS 450B.560 is hereby amended to read as follows:

      450B.560  1.  Unless he or she has knowledge to the contrary, a physician, any other provider of health care or any person who administers emergency medical services may assume that a do-not-resuscitate identification complies with the provisions of NRS 450B.400 to 450B.590, inclusive, and sections 69 and 70 of this act and is valid.

      2.  The provisions of NRS 450B.400 to 450B.590, inclusive, and sections 69 and 70 of this act do not create a presumption concerning the intention of a:

 


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      (a) Qualified patient or a parent or legal guardian of a qualified patient who has revoked authorization to withhold life-resuscitating treatment pursuant to NRS 450B.525 or 450B.530; or

      (b) Person who has not obtained a do-not-resuscitate identification,

Ê concerning the use or withholding of life-resuscitating treatment in a life-threatening emergency.

      Sec. 83. NRS 450B.570 is hereby amended to read as follows:

      450B.570  1.  Death that results when life-resuscitating treatment has been withheld pursuant to the do-not-resuscitate protocol and in accordance with the provisions of NRS 450B.400 to 450B.590, inclusive, and sections 69 and 70 of this act does not constitute a suicide or homicide.

      2.  The possession of a do-not-resuscitate identification or the issuance of a do-not-resuscitate order does not affect the sale, procurement or issuance of a policy of life insurance or an annuity or impair or modify the terms of a policy of life insurance or an annuity. A policy of life insurance or an annuity is not legally impaired or invalidated if life-resuscitating treatment has been withheld from an insured who possesses a do-not-resuscitate identification or has been issued a do-not-resuscitate order, notwithstanding any term in the policy or annuity to the contrary.

      3.  A person may not prohibit or require the possession of a do-not-resuscitate identification or the issuance of a do-not-resuscitate order as a condition of being insured for, or receiving, health care.

      Sec. 84. NRS 450B.590 is hereby amended to read as follows:

      450B.590  The provisions of NRS 450B.400 to 450B.590, inclusive, and sections 69 and 70 of this act do not:

      1.  Require a physician or other provider of health care to take action contrary to reasonable medical standards;

      2.  Condone, authorize or approve mercy killing, euthanasia or assisted suicide;

      3.  Substitute for any other legally authorized procedure by which a person may direct that the person not be resuscitated in the event of a cardiac or respiratory arrest;

      4.  Except as otherwise provided in NRS 449.6946, affect or impair any right created pursuant to the provisions of NRS 449.535 to 449.690, inclusive, and sections 35 and 36 of this act or 449.691 to 449.697, inclusive [;] , and sections 37 and 38 of this act; or

      5.  Affect the right of a qualified patient to make decisions concerning the use of life-resuscitating treatment, if he or she is able to do so, or impair or supersede a right or responsibility of a person to affect the withholding of medical care in a lawful manner.

      Sec. 85. NRS 451.595 is hereby amended to read as follows:

      451.595  1.  As used in this section:

      (a) “Advance health-care directive” means a power of attorney for health care or other record signed by a prospective donor, or executed in the manner set forth in NRS 162A.790, containing the prospective donor’s direction concerning a health-care decision for the prospective donor.

      (b) “Declaration” means a record signed by a prospective donor, or executed as set forth in NRS 449.600, specifying the circumstances under which life-sustaining treatment may be withheld or withdrawn from the prospective donor. The term includes a [Physician] Provider Order for Life-Sustaining Treatment form executed pursuant to NRS 449.691 to 449.697, inclusive [.] , and sections 37 and 38 of this act.

 


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      (c) “Health-care decision” means any decision made regarding the health care of the prospective donor.

      2.  If a prospective donor has a declaration or advance health-care directive and the terms of the declaration or advance health-care directive and the express or implied terms of the potential anatomical gift are in conflict concerning the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy:

      (a) The attending physician of the prospective donor shall confer with the prospective donor to resolve the conflict or, if the prospective donor is incapable of resolving the conflict, with:

             (1) An agent acting under the declaration or advance health-care directive of the prospective donor; or

             (2) If an agent is not named in the declaration or advance health-care directive or the agent is not reasonably available, any other person authorized by law, other than by a provision of NRS 451.500 to 451.598, inclusive, to make a health-care decision for the prospective donor.

      (b) The conflict must be resolved as expeditiously as practicable.

      (c) Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift of the prospective donor’s body or part under NRS 451.556.

      (d) Before the resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor, if withholding or withdrawing the measures is not medically contraindicated for the appropriate treatment of the prospective donor at the end of his or her life.

      Sec. 86. NRS 455A.200 is hereby amended to read as follows:

      455A.200  1.  Each organization for youth sports that sanctions or sponsors competitive sports for youths in this State shall adopt a policy concerning the prevention and treatment of injuries to the head which may occur during a youth’s participation in those competitive sports, including, without limitation, a concussion of the brain. To the extent practicable, the policy must be consistent with the policy adopted by the Nevada Interscholastic Activities Association pursuant to NRS 385B.080. The policy must provide information concerning the nature and risk of injuries to the head which may occur during a youth’s participation in competitive sports, including, without limitation, the risks associated with continuing to participate in competitive sports after sustaining such an injury.

      2.  The policy adopted pursuant to subsection 1 must require that if a youth sustains or is suspected of sustaining an injury to the head while participating in competitive sports, the youth:

      (a) Must be immediately removed from the competitive sport; and

      (b) May return to the competitive sport if the parent or legal guardian of the youth provides a signed statement of a provider of health care indicating that the youth is medically cleared for participation in the competitive sport and the date on which the youth may return to the competitive sport.

      3.  Before a youth participates in competitive sports sanctioned or sponsored by an organization for youth sports in this State, the youth and his or her parent or legal guardian:

      (a) Must be provided with a copy of the policy adopted pursuant to subsection 1; and

 


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      (b) Must sign a statement on a form prescribed by the organization for youth sports acknowledging that the youth and his or her parent or legal guardian have read and understand the terms and conditions of the policy.

      4.  As used in this section:

      (a) “Provider of health care” means a physician licensed under chapter 630 or 633 of NRS, an advanced practice registered nurse who holds a valid license as an advanced practice registered nurse issued by the State Board of Nursing pursuant to NRS 632.237, a physical therapist licensed under chapter 640 of NRS or an athletic trainer licensed under chapter 640B of NRS.

      (b) “Youth” means a person under the age of 18 years.

      Sec. 87.  NRS 482.3833 is hereby amended to read as follows:

      482.3833 “Person with a disability of moderate duration” means a person:

      1.  With a disability which limits or impairs the ability to walk; and

      2.  Whose disability has been certified by a licensed physician or advanced practice registered nurse as being reversible, but estimated to last longer than 6 months.

      Sec. 88. NRS 482.3837 is hereby amended to read as follows:

      482.3837  “Person with a permanent disability” means a person:

      1.  With a disability which limits or impairs the ability to walk; and

      2.  Whose disability has been certified by a licensed physician or advanced practice registered nurse as irreversible.

      Sec. 89. NRS 482.3839 is hereby amended to read as follows:

      482.3839  “Person with a temporary disability” means a person:

      1.  With a disability which limits or impairs the ability to walk; and

      2.  Whose disability has been certified by a licensed physician or advanced practice registered nurse as estimated to last not longer than 6 months.

      Sec. 90. NRS 482.384 is hereby amended to read as follows:

      482.384  1.  Upon the application of a person with a permanent disability, the Department may issue special license plates for a vehicle, including a motorcycle or moped, registered by the applicant pursuant to this chapter. The application must include a statement from a licensed physician or advanced practice registered nurse certifying that the applicant is a person with a permanent disability. The issuance of a special license plate to a person with a permanent disability pursuant to this subsection does not preclude the issuance to such a person of a special parking placard for a vehicle other than a motorcycle or moped or a special parking sticker for a motorcycle or moped pursuant to subsection 6.

      2.  Every year after the initial issuance of special license plates to a person with a permanent disability, the Department shall require the person to renew the special license plates in accordance with the procedures for renewal of registration pursuant to this chapter. The Department shall not require a person with a permanent disability to include with the application for renewal a statement from a licensed physician or advanced practice registered nurse certifying that the person is a person with a permanent disability.

      3.  Upon the application of an organization which provides transportation for a person with a permanent disability, disability of moderate duration or temporary disability, the Department may issue special license plates for a vehicle registered by the organization pursuant to this chapter, or the Department may issue special parking placards to the organization pursuant to this section to be used on vehicles providing transportation to such persons.

 


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the Department may issue special parking placards to the organization pursuant to this section to be used on vehicles providing transportation to such persons. The application must include a statement from the organization certifying that:

      (a) The vehicle for which the special license plates are issued is used primarily to transport persons with permanent disabilities, disabilities of moderate duration or temporary disabilities; or

      (b) The organization which is issued the special parking placards will only use such placards on vehicles that actually transport persons with permanent disabilities, disabilities of moderate duration or temporary disabilities.

      4.  The Department may charge a fee for special license plates issued pursuant to this section not to exceed the fee charged for the issuance of license plates for the same class of vehicle.

      5.  Special license plates issued pursuant to this section must display the international symbol of access in a color which contrasts with the background and is the same size as the numerals and letters on the plate.

      6.  Upon the application of a person with a permanent disability or disability of moderate duration, the Department may issue:

      (a) A special parking placard for a vehicle other than a motorcycle or moped. Upon request, the Department may issue one additional placard to an applicant to whom special license plates have not been issued pursuant to this section.

      (b) A special parking sticker for a motorcycle or moped.

Ê The application must include a statement from a licensed physician or advanced practice registered nurse certifying that the applicant is a person with a permanent disability or disability of moderate duration.

      7.  A special parking placard issued pursuant to subsection 6 must:

      (a) Have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the placard and is white on a blue background;

      (b) Have an identification number and date of expiration of:

             (1) If the special parking placard is issued to a person with a permanent disability, 10 years after the initial date of issuance; or

             (2) If the special parking placard is issued to a person with a disability of moderate duration, 2 years after the initial date of issuance;

      (c) Have placed or inscribed on it the seal or other identification of the Department; and

      (d) Have a form of attachment which enables a person using the placard to display the placard from the rearview mirror of the vehicle.

      8.  A special parking sticker issued pursuant to subsection 6 must:

      (a) Have inscribed on it the international symbol of access which complies with any applicable federal standards, is centered on the sticker and is white on a blue background;

      (b) Have an identification number and a date of expiration of:

             (1) If the special parking sticker is issued to a person with a permanent disability, 10 years after the initial date of issuance; or

             (2) If the special parking sticker is issued to a person with a disability of moderate duration, 2 years after the initial date of issuance; and

      (c) Have placed or inscribed on it the seal or other identification of the Department.

 


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      9.  Before the date of expiration of a special parking placard or special parking sticker issued to a person with a permanent disability or disability of moderate duration, the person shall renew the special parking placard or special parking sticker. If the applicant for renewal is a person with a disability of moderate duration, the applicant must include with the application for renewal a statement from a licensed physician or advanced practice registered nurse certifying that the applicant is a person with a disability which limits or impairs the ability to walk, and that such disability, although not irreversible, is estimated to last longer than 6 months. A person with a permanent disability is not required to submit evidence of a continuing disability with the application for renewal.

      10.  The Department, or a city or county, may issue, and charge a reasonable fee for, a temporary parking placard for a vehicle other than a motorcycle or moped or a temporary parking sticker for a motorcycle or moped upon the application of a person with a temporary disability. Upon request, the Department, city or county may issue one additional temporary parking placard to an applicant. The application must include a certificate from a licensed physician or advanced practice registered nurse indicating:

      (a) That the applicant has a temporary disability; and

      (b) The estimated period of the disability.

      11.  A temporary parking placard issued pursuant to subsection 10 must:

      (a) Have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the placard and is white on a red background;

      (b) Have an identification number and a date of expiration; and

      (c) Have a form of attachment which enables a person using the placard to display the placard from the rearview mirror of the vehicle.

      12.  A temporary parking sticker issued pursuant to subsection 10 must:

      (a) Have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the sticker and is white on a red background; and

      (b) Have an identification number and a date of expiration.

      13.  A temporary parking placard or temporary parking sticker is valid only for the period for which a physician or advanced practice registered nurse has certified the disability, but in no case longer than 6 months. If the temporary disability continues after the period for which the physician or advanced practice registered nurse has certified the disability, the person with the temporary disability must renew the temporary parking placard or temporary parking sticker before the temporary parking placard or temporary parking sticker expires. The person with the temporary disability shall include with the application for renewal a statement from a licensed physician or advanced practice registered nurse certifying that the applicant continues to be a person with a temporary disability and the estimated period of the disability.

      14.  A special or temporary parking placard must be displayed in the vehicle when the vehicle is parked by hanging or attaching the placard to the rearview mirror of the vehicle. If the vehicle has no rearview mirror, the placard must be placed on the dashboard of the vehicle in such a manner that the placard can easily be seen from outside the vehicle when the vehicle is parked.

      15.  Upon issuing a special license plate pursuant to subsection 1, a special or temporary parking placard, or a special or temporary parking sticker, the Department, or the city or county, if applicable, shall issue a letter to the applicant that sets forth the name and address of the person with a permanent disability, disability of moderate duration or temporary disability to whom the special license plate, special or temporary parking placard or special or temporary parking sticker has been issued and:

 


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sticker, the Department, or the city or county, if applicable, shall issue a letter to the applicant that sets forth the name and address of the person with a permanent disability, disability of moderate duration or temporary disability to whom the special license plate, special or temporary parking placard or special or temporary parking sticker has been issued and:

      (a) If the person receives special license plates, the license plate number designated for the plates; and

      (b) If the person receives a special or temporary parking placard or a special or temporary parking sticker, the identification number and date of expiration indicated on the placard or sticker.

Ê The letter, or a legible copy thereof, must be kept with the vehicle for which the special license plate has been issued or in which the person to whom the special or temporary parking placard or special or temporary parking sticker has been issued is driving or is a passenger.

      16.  A special or temporary parking sticker must be affixed to the windscreen of the motorcycle or moped. If the motorcycle or moped has no windscreen, the sticker must be affixed to any other part of the motorcycle or moped which may be easily seen when the motorcycle or moped is parked.

      17.  Special or temporary parking placards, special or temporary parking stickers, or special license plates issued pursuant to this section do not authorize parking in any area on a highway where parking is prohibited by law.

      18.  No person, other than the person certified as being a person with a permanent disability, disability of moderate duration or temporary disability, or a person actually transporting such a person, may use the special license plate or plates or a special or temporary parking placard, or a special or temporary parking sticker issued pursuant to this section to obtain any special parking privileges available pursuant to this section.

      19.  Any person who violates the provisions of subsection 18 is guilty of a misdemeanor.

      20.  The Department may review the eligibility of each holder of a special parking placard, a special parking sticker or special license plates, or any combination thereof. Upon a determination of ineligibility by the Department, the holder shall surrender the special parking placard, special parking sticker or special license plates, or any combination thereof, to the Department.

      21.  The Department may adopt such regulations as are necessary to carry out the provisions of this section.

      Secs. 91-126. (Deleted by amendment.)

      Sec. 127. NRS 706.495 is hereby amended to read as follows:

      706.495  1.  Before applying to a taxicab motor carrier for employment or a contract or lease as a driver of a taxicab, a person must obtain a medical examiner’s certificate with two copies thereof from a medical examiner who is licensed to practice in the State of Nevada. The prospective driver must provide a copy of the certificate to the taxicab motor carrier.

      2.  A medical examiner shall issue the certificate and copies described in subsection 1 if the medical examiner finds that a prospective driver meets the health requirements established by the Federal Motor Carrier Safety Regulations, 49 C.F.R. §§ 391.41 et seq.

 

 


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      3.  The certificate described in subsection 1 must state that the medical examiner has examined the prospective driver and has found that the prospective driver meets the health requirements described in subsection 2. The certificate must be signed and dated by the medical examiner.

      4.  The medical examiner’s certificate required by this section expires 2 years after the date of issuance and may be renewed.

      5.  As used in this section, “medical examiner” means a physician, as defined in NRS 0.040, an advanced practice registered nurse licensed pursuant to NRS 632.237 or a chiropractic physician licensed pursuant to chapter 634 of NRS.

      Sec. 128. NRS 706.8842 is hereby amended to read as follows:

      706.8842  1.  Before applying to a certificate holder for employment as a driver, a person must obtain a medical examiner’s certificate with two copies thereof from a medical examiner who is licensed to practice in the State of Nevada.

      2.  A medical examiner shall issue the certificate and copies described in subsection 1 if the medical examiner finds that a prospective driver meets the health requirements established by the Federal Motor Carrier Safety Regulations, 49 C.F.R. §§ 391.41 et seq.

      3.  The certificate described in subsection 1 must state that the medical examiner has examined the prospective driver and has found that the prospective driver meets the health requirements described in subsection 2. The certificate must be signed and dated by the medical examiner.

      4.  The medical examiner’s certificate required by this section expires 2 years after the date of issuance and may be renewed.

      5.  As used in this section, “medical examiner” means a physician, as defined in NRS 0.040, an advanced practice registered nurse licensed pursuant to NRS 632.237 or a chiropractic physician licensed pursuant to chapter 634 of NRS.

      Sec. 129.  This act becomes effective:

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

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

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CHAPTER 319, SB 253

Senate Bill No. 253–Senators Cannizzaro, Ratti, Woodhouse, Cancela, Ford; Denis, Farley, Hardy, Manendo, Parks, Segerblom and Spearman

 

CHAPTER 319

 

[Approved: June 2, 2017]

 

AN ACT relating to employment; establishing the Nevada Pregnant Workers’ Fairness Act; requiring certain employers to provide reasonable accommodations to female employees and applicants for employment for a condition of the employee or applicant relating to pregnancy, childbirth or a related medical condition, except in certain circumstances; prohibiting certain other discriminatory practices by employers relating to pregnancy, childbirth or a related medical condition; authorizing the Nevada Equal Rights Commission to investigate complaints of such unlawful employment practices; requiring the Commission to carry out programs to educate employers and others about certain rights and responsibilities; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The federal Pregnancy Discrimination Act amended title VII of the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy. (42 U.S.C. § 2000(e)(k)) The Act requires employers with 15 or more employees to treat employees and applicants for employment who are affected by pregnancy, childbirth or related medical conditions the same as other employees and applicants who have similar abilities or limitations. The Act covers all aspects of employment, including hiring, firing, promoting and providing benefits and protects against discrimination of a person who is pregnant, has been pregnant and who may become pregnant as well as anyone who has, who has had or could have a medical condition that is related to pregnancy. (29 C.F.R. § 1604.10)

      Existing law in this State prohibits various types of discrimination in employment, including discrimination based on race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin. (NRS 613.330-613.380) In addition, existing law requires an employer that provides leave to employees for sickness or disability because of a medical condition to provide the same leave to an employee who is pregnant. (NRS 613.335) As with the federal law, existing law in this State makes these provisions applicable to an employer with 15 or more employees, and includes state and local governments. (NRS 613.310) Sections 2-8 and 11 of this bill create the Nevada Pregnant Workers’ Fairness Act which provides protections to employees in this State similar to the protections of the federal Pregnancy Discrimination Act. As with other provisions prohibiting discrimination in existing law, the Nevada Pregnant Workers’ Fairness Act applies to employers with 15 or more employees and also applies to state and local governments.

      Section 5 of this bill makes it an unlawful employment practice, with certain limited exceptions, for such employers to refuse to provide reasonable accommodations, upon request, to female employees and applicants for employment for a condition of the employee or applicant relating to pregnancy, childbirth or a related medical condition, unless the accommodation would impose an undue hardship on the business of the employer. Section 6 of this bill describes the requirements and manner in which to provide a reasonable accommodation. Section 7 of this bill sets forth: (1) the prima facie burden that a female employee or applicant for employment is required to meet concerning a requested reasonable accommodation before the burden of proof shifts to the employer to demonstrate that providing such an accommodation would impose an undue hardship on the business of the employer; and (2) the manner in which to determine whether an undue hardship exists.

 


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of the employer; and (2) the manner in which to determine whether an undue hardship exists. Section 5 also makes it an unlawful employment practice, with certain limited exceptions, for an employer to: (1) take adverse employment actions against a female employee because the employee requests or uses a reasonable accommodation for a condition of the employee relating to pregnancy, childbirth or a related medical condition; (2) deny an employment opportunity to a qualified female employee or applicant for employment based on a need for a reasonable accommodation for a condition of the employee or applicant relating to pregnancy, childbirth or a related medical condition; and (3) require a female employee or applicant for employment who is affected by a condition relating to pregnancy, childbirth or a related medical condition to accept an accommodation or to take a leave from employment if an accommodation is available.

      Section 5 further authorizes an employer to require a female employee to provide an explanatory statement from the employee’s physician concerning the specific accommodation recommended by the physician for the employee. Section 11 of this bill extends the existing law requiring leave policies to be the same for pregnant employees as other employees so that it applies to a female employee who has a condition relating to pregnancy, childbirth or a related medical condition.

      Section 15 of this bill authorizes a person injured by an unlawful employment practice within the scope of the Nevada Pregnant Workers’ Fairness Act to file a complaint with the Nevada Equal Rights Commission.

      Section 16 of this bill authorizes a person alleging an unfair employment practice under the Nevada Pregnant Workers’ Fairness Act to file an action in district court if the Commission does not conclude that an unfair employment practice has occurred.

      Section 17 of this bill requires the Commission to develop and carry out programs of education and disseminate information as necessary to inform employers, employees, employment agencies and job applicants about their rights and responsibilities under the Nevada Pregnant Workers’ Fairness Act.

      Section 18 of this bill authorizes the Commission to investigate any unlawful employment practice by an employer under the Nevada Pregnant Workers’ Fairness Act.

 

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 613 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2. The provisions of NRS 613.335 and sections 2 to 8, inclusive, of this act may be cited as the Nevada Pregnant Workers’ Fairness Act.

      Sec. 3. As used in NRS 613.335 and sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3.3, 3.5 and 3.7 of this act have the meanings ascribed to them in those sections.

      Sec. 3.3. “Condition of the applicant relating to pregnancy, childbirth or a related medical condition,” “condition of the employee relating to pregnancy, childbirth or a related medical condition” or “condition of the employee or applicant relating to pregnancy, childbirth or a related medical condition” means a physical or mental condition intrinsic to pregnancy or childbirth that includes, without limitation, lactation or the need to express breast milk for a nursing child.

      Sec. 3.5. “Reasonable accommodation” means an action described in section 6 of this act that is taken by an employer for a female employee or applicant for employment who has a condition relating to pregnancy, childbirth or a related medical condition.

 


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applicant for employment who has a condition relating to pregnancy, childbirth or a related medical condition.

      Sec. 3.7. “Related medical condition” means any medically recognized physical or mental condition related to pregnancy, childbirth or recovery from pregnancy or childbirth. The term includes, without limitation, mastitis or other lactation-related medical condition, gestational diabetes, pregnancy-induced hypertension, preeclampsia, post-partum depression, loss or end of pregnancy and recovery from loss or end of pregnancy.

      Sec. 4. 1.  The Legislature hereby finds and declares that:

      (a) Workplace laws must adequately protect pregnant women from being terminated from their employment because of the refusal of their employer to provide a reasonable accommodation;

      (b) Women are often the primary income earners for their families and unemployment resulting from the failure of their employers to provide accommodations in the workplace is an outcome that families cannot afford to endure; and

      (c) By remaining employed, pregnant women continue to provide economic security for their families, which in turn provides an economic benefit to the economy of this State.

      2.  The Legislature further finds and declares that it is the intent of the Legislature to fight against discrimination based on pregnancy, childbirth or a related medical condition, promote public health and ensure that women realize full and equal participation in the workforce by requiring employers to provide reasonable accommodations to employees who are pregnant, have given birth or have a related medical condition.

      Sec. 5. 1.  Except as otherwise provided in subsections 2 and 3, it is an unlawful employment practice for an employer to:

      (a) Refuse to provide a reasonable accommodation to a female employee or applicant for employment upon request of the employee or applicant, as applicable, for a condition of the employee or applicant relating to pregnancy, childbirth or a related medical condition, unless the accommodation would impose an undue hardship on the business of the employer as determined pursuant to section 7 of this act;

      (b) Take an adverse employment action against a female employee because the employee requests or uses a reasonable accommodation for a condition of the employee relating to pregnancy, childbirth or a related medical condition which may include, without limitation, refusing to promote the employee, requiring the employee to transfer to another position, refusing to reinstate the employee to the same or an equivalent position upon return to work or taking any other action which affects the terms or conditions of employment in a manner which is not desired by the employee;

      (c) Deny an employment opportunity to an otherwise qualified female employee or applicant for employment based on the need of the employee or applicant, as applicable, for a reasonable accommodation for a condition of the employee or applicant relating to pregnancy, childbirth or a related medical condition;

      (d) Require a female employee or applicant for employment who is affected by a condition of the employee or applicant relating to pregnancy, childbirth or a related medical condition to accept an accommodation that the employee or applicant did not request or chooses not to accept; and

 


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      (e) Require a female employee who is affected by a condition of the employee relating to pregnancy, childbirth or a related medical condition to take leave from employment if a reasonable accommodation for any such condition of the employee is available that would allow the employee to continue to work.

      2.