[Rev. 11/14/2017 12:04:07 PM]

Link to Page 2406

 

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ê2017 Statutes of Nevada, Page 2407ê

 

CHAPTER 377, AB 141

Assembly Bill No. 141–Assemblymen Thompson, Araujo, Carrillo, Neal, Monroe-Moreno; Benitez-Thompson, Brooks, Bustamante Adams, Diaz, Jauregui, Joiner, McCurdy II, Ohrenschall and Sprinkle

 

Joint Sponsors: Senators Cancela, Ford, Spearman; and Woodhouse

 

CHAPTER 377

 

[Approved: June 5, 2017]

 

AN ACT relating to state departments; revising provisions relating to the organizational structure and purposes of the Office of Minority Health; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Office of Minority Health in the Office for Consumer Health Assistance of the Department of Health and Human Services. (NRS 232.474) If sufficient money is available, existing law authorizes the Director of the Department to appoint a Manager to oversee the Office. (NRS 232.477) Sections 1, 3, 4 and 8 of this bill change the name of the Office of Minority Health to the Office of Minority Health and Equity. Section 4 also moves the Office from within the Office for Consumer Health Assistance within the Department to instead be an office within the Department. Section 5 of this bill provides that the Manager of the Office serves at the pleasure of the Director of the Department and serves in the unclassified service of the State.

      Existing law states that the purposes of the Office are to improve access to quality health care for certain racial and ethnic minority groups and to disseminate information and educate the public on certain health care issues relating to these minority groups. (NRS 232.474) Section 2 of this bill expands the definition of “minority group” for purposes of provisions relating to the Office to include certain additional minority groups. Section 4 adds to the purposes of the Office that the Office may provide recommendations for changes in policy and engage in advocacy on behalf of minority groups with respect to certain health issues.

      Existing law also creates an Advisory Committee within the Office, composed of nine members appointed by the State Board of Health. (NRS 232.482) Section 9 of this bill expires the terms of office of the current members of the Advisory Committee on July 1, 2017. Section 7 of this bill requires the Director of the Department and the State Board of Health to appoint nine voting members to a new Advisory Committee comprised of certain stakeholders. Section 7 also requires the Legislative Commission to appoint a Legislator to serve on the Advisory Committee as an ex officio, nonvoting member. Section 9 makes the initial terms of the members of the Advisory Committee, except the Legislator, staggered terms of 1 or 2 years, with subsequent terms of 2 years.

      Existing law requires the Manager of the Office, if appointed, to serve as secretary to the Advisory Committee. (NRS 232.478) Section 6 of this bill removes this requirement and instead requires the Manager to provide administrative support to the Committee as necessary.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 232.471 is hereby amended to read as follows:

      232.471  “Manager” means the Manager of the Office of Minority Health [of the Office for Consumer Health Assistance of the Department.] and Equity.

      Sec. 2. NRS 232.472 is hereby amended to read as follows:

      232.472  1.  “Minority group” means [a] :

      (a) A racial or ethnic minority group [.] ;

      (b) A group of persons with disabilities;

      (c) A group of persons that share the same sexual orientation; or

      (d) A group of persons whose gender-related identity, appearance, expression or behavior is different than that assigned at birth.

      2.  As used in this section, “sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

      Sec. 3. NRS 232.473 is hereby amended to read as follows:

      232.473  “Office” means the Office of Minority Health [of the Office for Consumer Health Assistance] and Equity of the Department.

      Sec. 4. NRS 232.474 is hereby amended to read as follows:

      232.474  The Office of Minority Health and Equity is hereby created within [the Office for Consumer Health Assistance of] the Department. The purposes of the Office of Minority Health and Equity are to:

      1.  Improve the quality of health care services for members of minority groups;

      2.  Increase access to health care services for members of minority groups; [and]

      3.  Disseminate information to and educate the public on matters concerning health care issues of interest to members of minority groups [.] ; and

      4.  Develop recommendations for changes in policy and advocate on behalf of minority groups to carry out the provisions of subsections 1 and 2.

      Sec. 5. NRS 232.477 is hereby amended to read as follows:

      232.477  1.  The Director shall, to the extent that money is available for that purpose, appoint or designate a Manager of the Office [.] who:

      (a) Serves at the pleasure of the Director; and

      (b) Is in the unclassified service of the State.

      2.  The Manager must be appointed on the basis of his or her education, training, experience, demonstrated abilities and interest in the provision of health care services to members of minority groups and in related programs.

      Sec. 6. NRS 232.478 is hereby amended to read as follows:

      232.478  The Manager shall:

      1.  Ensure that the purposes of the Office are carried out;

      2.  Direct and supervise all the technical and administrative activities of the Office;

      3.  Attend the meetings of the Advisory Committee ; [, serve as secretary at those meetings and keep minutes of those meetings;]

      4.  Provide administrative support to the Advisory Committee as necessary to carry out the duties of the Advisory Committee;

 


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      5.  Request and consider the advice of the Advisory Committee concerning matters of policy;

      [5.] 6.  Serve as the contracting officer for the Office to receive money from the Federal Government or any other source; and

      [6.] 7.  Act as liaison between the Office, members of minority groups, and public and private entities offering health care services primarily to those members or offering health care information of interest to those members.

      Sec. 7. NRS 232.482 is hereby amended to read as follows:

      232.482  1.  There is hereby created in the Office an Advisory Committee consisting of nine voting members appointed by the Department and the State Board of Health.

      2.  The Director of the Department shall appoint three members who have an interest in health issues relating to minority groups.

      3.  The State Board of Health shall appoint:

      (a) Three members representing each geographic region of this State, including one member who resides in southern Nevada, one member who resides in northern Nevada and one member who resides in rural Nevada;

      (b) One member who is a representative of a nonprofit organization located in this State;

      (c) One provider of health care in this State; and

      (d) One member of the public at large.

      4.  One Legislator who is appointed by the Legislative Commission shall serve on the Advisory Committee in an ex officio, nonvoting capacity.

      [2.] 5.  When appointing a member to the Advisory Committee, consideration must be given to whether the members appointed to the Advisory Committee reflect the ethnic and geographical diversity of this State.

      [3.] 6.  The term of each member of the Advisory Committee is 2 years. A member may be reappointed for an additional term of 2 years in the same manner as the original appointment. A vacancy occurring in the membership of the Advisory Committee must be filled in the same manner as the original appointment.

      [4.] 7.  At its first meeting and annually thereafter, the Advisory Committee shall elect a Chair from among its members.

      8.  As used in this section, “provider of health care” has the meaning ascribed to it in NRS 629.031.

      Sec. 8. NRS 439.518 is hereby amended to read as follows:

      439.518  1.  Within the limits of available money, the Division shall establish the Advisory Council on the State Program for Wellness and the Prevention of Chronic Disease to advise and make recommendations to the Division concerning the Program.

      2.  The Administrator shall appoint to the Advisory Council the following 13 voting members:

      (a) The Chief Medical Officer or the designee of the Chief Medical Officer;

      (b) The Superintendent of Public Instruction or the designee of the Superintendent;

      (c) One representative of the health insurance industry;

      (d) One provider of health care;

      (e) One representative of the Nevada Association for Health, Physical Education, Recreation and Dance or its successor organization;

 


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      (f) Three representatives of organizations committed to the prevention and treatment of chronic diseases;

      (g) One registered dietitian;

      (h) One representative who is a member of a racial or ethnic minority group appointed from a list of persons submitted to the Administrator by the Advisory Committee of the Office of Minority Health [within the Office for Consumer Health Assistance] and Equity of the Department;

      (i) One representative of private employers in this State who has experience in matters relating to employment and human resources;

      (j) One representative of a local health authority; and

      (k) One representative of the Nevada System of Higher Education from a list of persons submitted to the Administrator by the Board of Regents of the University of Nevada.

      3.  The Legislative Commission shall appoint to the Advisory Council the following two voting members:

      (a) One member of the Senate; and

      (b) One member of the Assembly.

      4.  A majority of the voting members of the Advisory Council may appoint nonvoting members to the Advisory Council.

      Sec. 9.  1.  The terms of the current members of the Advisory Committee appointed pursuant to subsection 1 of NRS 232.482, as that section existed before July 1, 2017, expire on July 1, 2017.

      2.  As soon as practicable after July 1, 2017, the Director of the Department of Health and Human Services and the State Board of Health shall appoint the new members required pursuant to subsections 2 and 3 of NRS 232.482, as amended by section 7 of this act, to the Advisory Committee.

      3.  As soon as practicable after July 1, 2017, the Legislative Commission shall appoint the ex officio, nonvoting member required pursuant to subsection 4 of NRS 232.482, as amended by section 7 of this act, to the Advisory Committee for a 2-year term.

      4.  In making the appointments described in subsection 2, the Director of the Department of Health and Human Services and the State Board of Health shall appoint the new members to staggered terms of 1 and 2 years. After these initial terms, members shall serve for terms of 2 years.

      5.  As used in this section, “Advisory Committee” means the Advisory Committee created pursuant to NRS 232.482.

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

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CHAPTER 378, AB 327

Assembly Bill No. 327–Assemblymen McCurdy II, Fumo, Yeager, Frierson and Carrillo

 

Joint Sponsor: Senator Segerblom

 

CHAPTER 378

 

[Approved: June 5, 2017]

 

AN ACT relating to criminal procedure; authorizing a person who was dishonorably discharged from probation to apply to a court for the sealing of records of criminal history relating to the conviction; establishing a rebuttable presumption that records of criminal history should be sealed in certain circumstances; revising various provisions relating to the filing of petitions for the sealing of records of criminal history; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a person who is granted an honorable discharge from probation to apply to the court for the sealing of records relating to the conviction. (NRS 176A.850) Existing law also provides that a person who is given a dishonorable discharge from probation is not entitled to such a privilege. (NRS 176A.870) Section 1 of this bill authorizes a person who is given a dishonorable discharge from probation to apply to the court for the sealing of records relating to the conviction if he or she is otherwise eligible to have the records sealed.

      Existing law authorizes a person who was convicted of certain offenses or who was arrested for alleged criminal conduct but the charges against the person were dismissed, the prosecuting attorney declined prosecution of the charges or the person was acquitted of the charges to petition the court in which the person was convicted or in which the charges were dismissed or declined for prosecution or the acquittal was entered for the sealing of all records relating to the conviction or the arrest and proceedings leading to the dismissal, declination or acquittal, as applicable. Existing law also: (1) generally requires a person to wait a specified number of years, depending on the offense, until he or she may petition the court for the sealing of such records; and (2) requires a petition to be accompanied by the person’s current, verified records received from the Central Repository for Nevada Records of Criminal History and all agencies of criminal justice which maintain such records within the city or county in which the petitioner appeared in court. (NRS 179.245, 179.255) Sections 7 and 8 of this bill: (1) reduce the length of certain periods that a person is required to wait before petitioning a court for the sealing of records; and (2) remove the requirement that a petition be accompanied by the petitioner’s current, verified records received from local agencies of criminal justice. Sections 7 and 8 also provide that if the prosecuting attorney stipulates to the sealing of the records and the court makes certain findings, the court is authorized to order the records sealed without a hearing.

      Existing law also authorizes the sealing of the records of a person who completes a correctional or judicial program for reentry into the community 5 years after the completion of the program. (NRS 179.259) Section 9 of this bill reduces such a period to 4 years.

      Section 4 of this bill provides that upon the filing of a petition for the sealing of records, there is a rebuttable presumption that the records should be sealed if the applicant satisfies all statutory requirements for the sealing of the records. Section 4 also provides that such a presumption does not apply to a defendant who is given a dishonorable discharge from probation and applies to the court for the sealing of records relating to the conviction.

 


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      Section 5 of this bill authorizes a person to file a petition for the sealing of records in district court if the person wishes to have more than one record sealed and would otherwise need to file a petition in more than one court. Section 5 also authorizes the district court to order the sealing of any records in the justice or municipal courts in certain circumstances.

 

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 176A.870 is hereby amended to read as follows:

      176A.870  1.  A defendant whose term of probation has expired and:

      [1.](a) Whose whereabouts are unknown;

      [2.](b) Who has failed to make restitution in full as ordered by the court, without a verified showing of economic hardship; or

      [3.](c) Who has otherwise failed to qualify for an honorable discharge as provided in NRS 176A.850,

Ê is not eligible for an honorable discharge and must be given a dishonorable discharge.

      2.  A dishonorable discharge releases the probationer from any further obligation, except a civil liability arising on the date of discharge for any unpaid restitution which is enforceable pursuant to NRS 176.275 . [,]

      3.  A defendant who is given a dishonorable discharge pursuant to this section may, if he or she meets the requirements of NRS 179.245, apply to the court for the sealing of records relating to the conviction but [does] is otherwise not [entitle the probationer] entitled to any privilege conferred by NRS 176A.850.

      Sec. 2. Chapter 179 of NRS is hereby amended by adding thereto the provisions set forth as sections 3, 4 and 5 of this act.

      Sec. 3. The Legislature hereby declares that the public policy of this State is to favor the giving of second chances to offenders who are rehabilitated and the sealing of the records of such persons in accordance with NRS 179.241 to 179.301, inclusive, and sections 3, 4 and 5 of this act.

      Sec. 4. 1.  Except as otherwise provided in subsection 2, upon the filing of a petition for the sealing of records pursuant to NRS 179.245, 179.255, 179.259 or section 5 of this act, there is a rebuttable presumption that the records should be sealed if the applicant satisfies all statutory requirements for the sealing of the records.

      2.  The presumption set forth in subsection 1 does not apply to a defendant who is given a dishonorable discharge from probation pursuant to NRS 176A.870 and applies to the court for the sealing of records relating to the conviction.

      Sec. 5. Notwithstanding the procedure established in NRS 179.245, 179.255 or 179.259 for the filing of a petition for the sealing of records:

      1.  If a person wishes to have more than one record sealed and would otherwise need to file a petition in more than one court for the sealing of the records, the person may, instead of filing a petition in each court, file a petition in district court for the sealing of all such records.

      2.  If a person files a petition for the sealing of records in district court pursuant to subsection 1 or NRS 179.245, 179.255 or 179.259, the district court may order the sealing of any other records in the justice or municipal courts in accordance with the provisions of NRS 179.241 to 179.301, inclusive, and sections 3, 4 and 5 of this act.

 


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courts in accordance with the provisions of NRS 179.241 to 179.301, inclusive, and sections 3, 4 and 5 of this act.

      Sec. 6. NRS 179.241 is hereby amended to read as follows:

      179.241  As used in NRS 179.241 to 179.301, inclusive, and sections 3, 4 and 5 of this act, unless the context otherwise requires, the words and terms defined in NRS 179.242, 179.243 and 179.244 have the meanings ascribed to them in those sections.

      Sec. 7. NRS 179.245 is hereby amended to read as follows:

      179.245  1.  Except as otherwise provided in subsection [5] 6 and NRS 176A.265, 176A.295, 179.259, 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 , a crime of violence pursuant to NRS 200.408 or burglary pursuant to NRS 205.060 after [15] 10 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

      (b) [A] Except as otherwise provided in paragraph (a), a category B, C or D felony after [12] 5 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] 2 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] 2 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] Except as otherwise provided in paragraph (e), if the offense is punished as a misdemeanor , a battery pursuant to NRS 200.481, harassment pursuant to NRS 200.571, stalking pursuant to NRS 200.575 or a violation of a temporary or extended order for protection, 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 [.] ; or

      (g) Any other misdemeanor after 1 year 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] 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;

 


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      (c) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed; and

      (d) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed, including, without limitation, the:

             (1) Date of birth of the petitioner;

             (2) Specific conviction to which the records to be sealed pertain; and

             (3) Date of arrest relating to the specific conviction to which the records to be sealed pertain.

      3.  Upon receiving a petition pursuant to this section, the court shall notify the law enforcement agency that arrested the petitioner for the crime and the prosecuting attorney, including, without limitation, the Attorney General, who prosecuted the petitioner for the crime. The prosecuting attorney and any person having relevant evidence may testify and present evidence at [the] any hearing on the petition.

      4.  If the prosecuting attorney who prosecuted the petitioner for the crime stipulates to the sealing of the records after receiving notification pursuant to subsection 3 and the court makes the findings set forth in subsection 5, the court may order the sealing of the records in accordance with subsection 5 without a hearing. If the prosecuting attorney does not stipulate to the sealing of the records, a hearing on the petition must be conducted.

      5.  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.]6.  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.

 


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      [6.]7.  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.]8.  As used in this section:

      (a) “Crime against a child” has the meaning ascribed to it in NRS 179D.0357.

      (b) “Sexual offense” means:

             (1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

             (2) Sexual assault pursuant to NRS 200.366.

             (3) Statutory sexual seduction pursuant to NRS 200.368, if punishable as a felony.

             (4) Battery with intent to commit sexual assault pursuant to NRS 200.400.

             (5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.

             (6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.

             (7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.

             (8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

             (9) Incest pursuant to NRS 201.180.

             (10) Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony.

             (11) Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.

             (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. 8. NRS 179.255 is hereby amended to read as follows:

      179.255  1.  If a person has been arrested for alleged criminal conduct and the charges are dismissed, the prosecuting attorney having jurisdiction declined prosecution of the charges or such person is acquitted of the charges, the person may petition:

      (a) The court in which the charges were dismissed, at any time after the date the charges were dismissed;

      (b) The court having jurisdiction in which the charges were declined for prosecution:

 


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             (1) Any time after the applicable statute of limitations has run;

             (2) Any time [10] 8 years after the arrest; or

             (3) Pursuant to a stipulation between the parties; or

      (c) The court in which the acquittal was entered, at any time after the date of the acquittal,

Ê for the sealing of all records relating to the arrest and the proceedings leading to the dismissal, declination or acquittal.

      2.  If the conviction of a person is set aside pursuant to NRS 458A.240, the person may petition the court that set aside the conviction, at any time after the conviction has been set aside, for the sealing of all records relating to the setting aside of the conviction.

      3.  A petition filed pursuant to subsection 1 or 2 must:

      (a) Be accompanied by the petitioner’s current, verified records received from [:

             (1) The] 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 petitioner appeared in court;]

      (b) Except as otherwise provided in paragraph (c), include the disposition of the proceedings for the records to be sealed;

      (c) 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;

      (d) Include a list of any other public or private agency, company, official and other custodian of records that is reasonably known to the petitioner to have possession of records of the arrest and of the proceedings leading to the dismissal, declination or acquittal and to whom the order to seal records, if issued, will be directed; and

      (e) 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 charges that were dismissed or of which the petitioner was acquitted; and

             (3) Date of arrest relating to the specific charges that were dismissed or of which the petitioner was acquitted.

      4.  Upon receiving a petition pursuant to subsection 1, the court shall notify the law enforcement agency that arrested the petitioner for the crime and:

      (a) If the charges were dismissed, declined for prosecution or the acquittal was entered in a district court or justice court, the prosecuting attorney for the county; or

      (b) If the charges were dismissed, declined for prosecution or the acquittal was entered in a municipal court, the prosecuting attorney for the city.

Ê The prosecuting attorney and any person having relevant evidence may testify and present evidence at [the] any hearing on the petition.

      5.  Upon receiving a petition pursuant to subsection 2, the court shall notify:

      (a) If the conviction was set aside in a district court or justice court, the prosecuting attorney for the county; or

 


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      (b) If the conviction was set aside in a municipal court, the prosecuting attorney for the city.

Ê The prosecuting attorney and any person having relevant evidence may testify and present evidence at [the] any hearing on the petition.

      6.  If the prosecuting attorney stipulates to the sealing of the records after receiving notification pursuant to subsection 4 or 5 and the court makes the findings set forth in subsection 7 or 8, as applicable, the court may order the sealing of the records in accordance with subsection 7 or 8, as applicable, without a hearing. If the prosecuting attorney does not stipulate to the sealing of the records, a hearing on the petition must be conducted.

      7.  If [, after the hearing on a petition submitted pursuant to subsection 1,] the court finds that there has been an acquittal, that the prosecution was declined or that the charges were dismissed and there is no evidence that further action will be brought against the person, the court may order sealed all records of the arrest and of the proceedings leading to the acquittal, declination or dismissal which are in the custody of any agency of criminal justice or any public or private company, agency, official or other custodian of records in the State of Nevada.

      [7.]8.  If [, after the hearing on a petition submitted pursuant to subsection 2,] the court finds that the conviction of the petitioner was set aside pursuant to NRS 458A.240, the court may order sealed all records relating to the setting aside of the conviction which are in the custody of any agency of criminal justice or any public or private company, agency, official or other custodian of records in the State of Nevada.

      [8.]9.  If the prosecuting attorney having jurisdiction previously declined prosecution of the charges and the records of the arrest have been sealed pursuant to subsection [6,] 7, the prosecuting attorney may subsequently file the charges at any time before the running of the statute of limitations for those charges. If such charges are filed with the court, the court shall order the inspection of the records without the prosecuting attorney having to petition the court pursuant to NRS 179.295.

      Sec. 9. NRS 179.259 is hereby amended to read as follows:

      179.259  1.  Except as otherwise provided in subsections 3, 4 and 5, [5] 4 years after an eligible person completes a program for reentry, the court may order sealed all documents, papers and exhibits in the eligible 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 may order those records sealed without a hearing unless the Division of Parole and Probation of the Department of Public Safety petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.

      2.  If the court orders sealed the record of an eligible person, the court shall send a copy of the order 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.

      3.  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.

      4.  The Division of Insurance of the Department of Business and Industry 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.

 


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ê2017 Statutes of Nevada, Page 2418 (Chapter 378, AB 327)ê

 

      5.  A person may not petition the court to seal records relating to a conviction of a crime against a child or a sexual offense.

      6.  As used in this section:

      (a) “Crime against a child” has the meaning ascribed to it in NRS 179D.0357.

      (b) “Eligible person” means a person who has:

             (1) Successfully completed a program for reentry, which the person participated in pursuant to NRS 209.4886, 209.4888, 213.625 or 213.632; and

             (2) Been convicted of a single offense which was punishable as a felony and which did not involve the use or threatened use of force or violence against the victim. For the purposes of this subparagraph, multiple convictions for an offense punishable as a felony shall be deemed to constitute a single offense if those offenses arose out of the same transaction or occurrence.

      (c) “Program for reentry” means:

             (1) A correctional program for reentry of offenders and parolees into the community that is established by the Director of the Department of Corrections pursuant to NRS 209.4887; or

             (2) A judicial program for reentry of offenders and parolees into the community that is established in a judicial district pursuant to NRS 209.4883.

      (d) “Sexual offense” has the meaning ascribed to it in paragraph (b) of subsection [7] 8 of NRS 179.245.

      Sec. 9.3. NRS 179.275 is hereby amended to read as follows:

      179.275  Where the court orders the sealing of a record pursuant to NRS 176A.265, 176A.295, 179.245, 179.255, 179.259, 453.3365 or 458.330, or section 5 of this act, a copy of the order must be sent to:

      1.  The Central Repository for Nevada Records of Criminal History; and

      2.  Each agency of criminal justice and each public or private company, agency, official or other custodian of records named in the order, and that person shall seal the records in his or her custody which relate to the matters contained in the order, shall advise the court of compliance and shall then seal the order.

      Sec. 9.7. NRS 179.285 is hereby amended to read as follows:

      179.285  Except as otherwise provided in NRS 179.301:

      1.  If the court orders a record sealed pursuant to NRS 176A.265, 176A.295, 179.245, 179.255, 179.259, 453.3365 or 458.330 [:] or section 5 of this act:

      (a) All proceedings recounted in the record are deemed never to have occurred, and the person to whom the order pertains may properly answer accordingly to any inquiry, including, without limitation, an inquiry relating to an application for employment, concerning the arrest, conviction, dismissal or acquittal and the events and proceedings relating to the arrest, conviction, dismissal or acquittal.

      (b) The person is immediately restored to the following civil rights if the person’s civil rights previously have not been restored:

             (1) The right to vote;

             (2) The right to hold office; and

             (3) The right to serve on a jury.

      2.  Upon the sealing of the person’s records, a person who is restored to his or her civil rights pursuant to subsection 1 must be given:

      (a) An official document which demonstrates that the person has been restored to the civil rights set forth in paragraph (b) of subsection 1; and

 


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ê2017 Statutes of Nevada, Page 2419 (Chapter 378, AB 327)ê

 

      (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. 10. NRS 179.295 is hereby amended to read as follows:

      179.295  1.  The person who is the subject of the records that are sealed pursuant to NRS 176A.265, 176A.295, 179.245, 179.255, 179.259, 453.3365 or 458.330 or section 5 of this act may petition the court that ordered the records sealed to permit inspection of the records by a person named in the petition, and the court may order such inspection. Except as otherwise provided in this section, subsection [8] 9 of NRS 179.255 and NRS 179.259 and 179.301, the court may not order the inspection of the records under any other circumstances.

      2.  If a person has been arrested, the charges have been dismissed and the records of the arrest have been sealed, the court may order the inspection of the records by a prosecuting attorney upon a showing that as a result of newly discovered evidence, the person has been arrested for the same or a similar offense and that there is sufficient evidence reasonably to conclude that the person will stand trial for the offense.

      3.  The court may, upon the application of a prosecuting attorney or an attorney representing a defendant in a criminal action, order an inspection of such records for the purpose of obtaining information relating to persons who were involved in the incident recorded.

      4.  This section does not prohibit a court from considering a conviction for which records have been sealed pursuant to NRS 176A.265, 176A.295, 179.245, 179.255, 179.259, 453.3365 or 458.330 or section 5 of this act in determining whether to grant a petition pursuant to NRS 176A.265, 176A.295, 179.245, 179.255, 179.259, 453.3365 or 458.330 or section 5 of this act for a conviction of another offense.

      Sec. 11. (Deleted by amendment.)

      Sec. 12. NRS 179A.030 is hereby amended to read as follows:

      179A.030  “Agency of criminal justice” means:

      1.  Any court; and

      2.  Any governmental agency or subunit of any governmental agency which performs a function in the administration of criminal justice pursuant to a statute or executive order, and which allocates a substantial part of its budget to a function in the administration of criminal justice [.] , including, without limitation, a local law enforcement agency, the Nevada Highway Patrol, the Division of Parole and Probation of the Department of Public Safety and the Department of Corrections.

      Sec. 13. (Deleted by amendment.)

 


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ê2017 Statutes of Nevada, Page 2420 (Chapter 378, AB 327)ê

 

      Sec. 14.  The amendatory provisions of sections 7 and 8 of this act apply to a petition for the sealing of a record of criminal history that is filed on or after October 1, 2017. As used in this section, “record of criminal history” has the meaning ascribed to it in NRS 179A.070.

________

CHAPTER 379, SB 369

Senate Bill No. 369–Senators Ford, Woodhouse, Spearman, Denis, Segerblom; Atkinson, Cancela, Cannizzaro, Manendo, Parks and Ratti

 

CHAPTER 379

 

[Approved: June 5, 2017]

 

AN ACT relating to education; requiring the board of trustees of certain larger school districts to establish a program of professional development to provide training on how to work collaboratively to ensure that a school environment is productive and collaborative; requiring teachers and principals to receive such training in certain circumstances; requiring the board of trustees of certain school districts to conduct an investigation at a school in certain circumstances to determine engagement of parents and families of pupils and whether the culture of the school is focused on pupil outcomes; requiring the board of trustees of certain school districts to provide certain training to members of the staff at a school in which an investigation occurs; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the board of trustees of each school district to ensure that teachers and administrators employed by the school district have access to high-quality, ongoing professional development training. (NRS 391A.370) Section 2 of this bill requires the board of trustees of a school district in which more than 75,000 pupils are enrolled (currently the Clark County School District) to establish a program of professional development to provide training to teachers and principals on how to engage and work collaboratively with members of the staff of the school and the parents and families of pupils enrolled at the school to ensure that the school environment is productive and collaborative. Section 2 also requires principals and teachers to receive such training at the request of the superintendent of the school district or the principal of the school.

      Section 3 of this bill requires the board of trustees of a school district in which more than 75,000 pupils are enrolled, upon petition of a certain percentage of employees of the school or parents or legal guardians of pupils who are enrolled in the school or upon the affirmative vote of a majority of the members of an organizational team if such a team has been established for a school as part of the reorganization of the school district, to investigate whether: (1) certain employees at a school are effectively engaging the parents and families of pupils who are enrolled in the school; and (2) the culture of the school is focused on pupil outcomes. Section 3 also requires the board of trustees of a school district that conducts such an investigation to provide any necessary and appropriate training to members of the staff of the school to ensure that parents and families of pupils enrolled in the school are effectively engaged in the education of their children and that the culture at the school is focused on pupil outcomes. Finally, section 3 makes the provisions of that section inapplicable to a turnaround school until after the first year in which the school operates under that designation.

 


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ê2017 Statutes of Nevada, Page 2421 (Chapter 379, SB 369)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 391A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. 1.  In each school district in which more than 75,000 pupils are enrolled, the board of trustees of the school district shall establish a program of professional development to provide training for teachers and principals on how to engage and work collaboratively with each other, other educational personnel, members of the staff of the school and the parents and families of pupils who are enrolled in the school to ensure that the school environment is productive and that such persons are working collaboratively.

      2.  Teachers and principals must receive the training described in subsection 1 at the request of the superintendent of schools of the school district or the principal of the school.

      Sec. 3. 1.  Except as otherwise provided in subsection 4, the board of trustees of a school district in which more than 75,000 pupils are enrolled shall conduct an investigation described in subsection 2 upon:

      (a) The petition of at least 50 percent of the licensed employees and classified employees assigned to a school;

      (b) The petition of parents and legal guardians of pupils who are enrolled in a school which is signed by a number of parents and legal guardians representing at least 5 percent of the number of the average daily enrollment of pupils for the school that was most recently reported pursuant to NRS 387.1223; or

      (c) The affirmative vote of a majority of the members of an organizational team, if the principal of a school within the school district has established such a team as part of the reorganization of the school district in which the school is located to assist in the development of a plan of operation for the school or to provide other assistance and advice relating to the school.

      2.  An investigation conducted pursuant to subsection 1, must investigate whether:

      (a) Teachers, principals and other members of the staff at the school are effectively engaging the parents and families of pupils who are enrolled in the school in the education of their children; and

      (b) The culture at the school is focused on pupil outcomes.

      3.  The board of trustees of the school district shall provide any necessary and appropriate training for teachers, principals, other educational personnel and members of the staff at the school to ensure that parents and families of pupils who are enrolled in the school are effectively engaged in the education of their children and that the culture at the school is focused on pupil outcomes.

      4.  The provisions of this section do not apply to a school that has been designated as a turnaround school pursuant to NRS 388G.400 until after the first school year in which it has operated under such a designation.

      Sec. 4.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 5.  This act becomes effective on July 1, 2017.

________

 


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ê2017 Statutes of Nevada, Page 2422ê

 

CHAPTER 380, AB 150

Assembly Bill No. 150–Assemblyman Sprinkle

 

CHAPTER 380

 

[Approved: June 5, 2017]

 

AN ACT relating to private professional guardians; revising provisions governing the qualifications necessary to serve as a private professional guardian; requiring certain persons to submit fingerprints to the Division of Financial Institutions of the Department of Business and Industry not less than once every 5 years for the purpose of obtaining a report from the Federal Bureau of Investigation; requiring the Division to maintain a copy of all such reports; requiring the Commissioner of Financial Institutions to adopt regulations establishing any fee required to obtain such reports; prohibiting a person from engaging in any activity relating to service as a private professional guardian without meeting the necessary requirements; revising provisions relating to an application for a license to engage in the business of a private professional guardian; replacing references to the term “case manager”; revising certain reporting requirements for private professional guardian companies; revising provisions relating to required fidelity bonds; removing the provision that exempts private professional guardians from the provisions of law concerning summary administration granted by a court; revising provisions relating to certain investigations by the Commissioner; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that in order for a natural person to serve as a private professional guardian, the person must be: (1) qualified to serve as a guardian for an adult or a minor; and (2) a guardian who has a license to engage in the business of a private professional guardian or who does not have such a license but is certified by the Center for Guardianship Certification. (NRS 159.0595) Section 2 of this bill removes the requirement relating to the licensure of a natural person and generally provides that in order for a person to serve as a private professional guardian, the person must be: (1) a natural person who is employed by an entity that is licensed to engage in the business of a private professional guardian and who is certified by the Center for Guardianship Certification; or (2) an entity that is licensed to engage in the business of a private professional guardian and meets certain other requirements. Sections 1, 4-7, 12, 13 and 15-17 of this bill make conforming changes.

      Existing law requires, as part of an application for a license to engage in the business of a private professional guardian, that certain persons submit to the Commissioner of Financial Institutions a complete set of fingerprints and written permission authorizing the Division of Financial Institutions of the Department of Business and Industry to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation (hereinafter “FBI”) for its report. (NRS 628B.310) Section 3 of this bill requires: (1) each natural person who acts in any capacity within a private professional guardian company to submit to the Commissioner, not less than once every 5 years, a complete set of fingerprints and such written permission to enable the Division to obtain a report from the FBI; and (2) the Division to maintain a copy of all reports obtained from the FBI. Section 3 also requires the Commissioner to adopt regulations establishing the amount of any fee required to obtain a report from the FBI.

 


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ê2017 Statutes of Nevada, Page 2423 (Chapter 380, AB 150)ê

 

      Existing law also requires the Commissioner to investigate the facts of an application and the other requirements set forth by law to determine information about certain persons, including any person acting in a case manager capacity. (NRS 628B.330) Sections 9 and 10 of this bill replace the term “case manager” with references to a natural person who acts in a capacity in which he or she is authorized to make discretionary decisions on behalf of the applicant or private professional guardian company, as applicable. Sections 9 and 10 also revise provisions relating to an application for a license to engage in the business of a private professional guardian.

      Existing law requires the director or manager of a private professional guardian company to require fidelity bonds in an amount of at least $25,000 on certain persons. (NRS 628B.540) Section 14 of this bill requires a private professional guardian company to require such bonds on each natural person who acts in any capacity within the private professional guardian company.

      Existing law provides that with regard to guardianships and the administration of smaller estates, the court is authorized to grant a summary administration if it appears that the value of the property of a ward, after payment of all claims and expenses of the guardianship, does not exceed $10,000. If the court grants a summary administration, the guardian is required to file an inventory and record of value with the court, and the court is authorized to impose certain requirements upon the guardian. (NRS 159.076) Existing law also provides that such provisions concerning summary administration do not apply to a private professional guardian. (NRS 628B.550) Section 15 removes this exemption.

      Section 8 of this bill provides that it is unlawful for any person who does not meet the requirements necessary to serve as a private professional guardian to engage in any activity relating to service as a private professional guardian. Section 19 of this bill requires the Commissioner to conduct an investigation if he or she receives a verified complaint that a person who does not meet the requirements necessary to serve as a private professional guardian is engaging in any activity relating to service as a private professional guardian.

 

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 159.024 is hereby amended to read as follows:

      159.024  1.  “Private professional guardian” means a person who receives compensation for services as a guardian to three or more wards who are not related to the guardian by blood or marriage [.] and who meets the requirements set forth in NRS 159.0595.

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

      (a) A person who] an entity that serves as a private professional guardian and [who] is [required] :

      (a) Required to have a license issued pursuant to chapter 628B of NRS [.] ; or

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

      3.  The term does not include:

      (a) A governmental agency.

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

 


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ê2017 Statutes of Nevada, Page 2424 (Chapter 380, AB 150)ê

 

      Sec. 2. NRS 159.0595 is hereby amended to read as follows:

      159.0595  1.  In order for a person to serve as a private professional guardian, the person must be:

      (a) [Qualified to serve as a guardian pursuant to NRS 159.0613 if the ward is an adult or NRS 159.061 if the ward is a minor; and

      (b)] A [guardian] natural person who [has a license issued] is a certified guardian and is employed by an entity that is licensed pursuant to chapter 628B of NRS [or a certified guardian who] , unless the entity is not required to have such a license pursuant to subsection [3.

      2.  In order for an entity to serve as a private professional guardian, the] 2; or

      (b) An entity [must:

      (a) Be] that:

             (1) Is qualified to serve as a guardian pursuant to NRS 159.0613 if the ward is an adult;

      [(b) Have]

             (2) Has a license issued pursuant to chapter 628B of NRS , unless the entity is not required to have such a license pursuant to subsection [3;] 2; and

      [(c) Have]

             (3) Has a private professional guardian who [has a license issued pursuant to chapter 628B of NRS or a certified guardian who is not required to have such a license pursuant to subsection 3] meets the requirements set forth in paragraph (a) involved in the day-to-day operation or management of the entity.

      [3.  In order for a person or]

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

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

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

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

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

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

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

      4.]3.  As used in this section:

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

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

      [(c) “Person” means a natural person.]

      Sec. 3. Chapter 628B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each natural person who acts in any capacity within a private professional guardian company shall, before acting in any such capacity and not less than once every 5 years thereafter, submit to the Commissioner a complete set of fingerprints and written permission authorizing the Division to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

 


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ê2017 Statutes of Nevada, Page 2425 (Chapter 380, AB 150)ê

 

      2.  The Division shall maintain a copy of all reports obtained pursuant to this section.

      3.  The Commissioner shall adopt regulations establishing the amount of any fee required to obtain a report pursuant to this section. All money received by the Commissioner must be placed in the Investigative Account for Financial Institutions created by NRS 232.545.

      Sec. 4. NRS 628B.010 is hereby amended to read as follows:

      628B.010  The Legislature finds and declares that:

      1.  There exists in this State a need, in order to provide for the protection of the public interest, to regulate [persons] entities engaged in the business of private professional guardians [.] and persons employed by such entities.

      2.  [Persons] Entities engaging in the business of private professional guardians must be licensed and regulated in such a manner as to promote advantages and convenience for the public while protecting the public interest.

      3.  It is the purpose of this chapter to bring under public supervision [persons who] entities that are engaged in or [who] desire to engage in the business of a private professional guardian and to ensure that there is established in this State an adequate, efficient and competitive private professional guardian service available to the courts and the public at large.

      Sec. 5. NRS 628B.030 is hereby amended to read as follows:

      628B.030  “Business of a private professional guardian” means the holding out by [a person,] an entity, through advertising, solicitation or other means, that the [person] entity or a person employed by the entity is available to act for compensation as a private professional guardian.

      Sec. 6. NRS 628B.080 is hereby amended to read as follows:

      628B.080  1.  “Private professional guardian” has the meaning ascribed to it in NRS 159.024.

      2.  For the purposes of this chapter, the term does not include [a person who] an entity that serves as a private professional guardian but [who] is exempt pursuant to NRS 159.0595 or 628B.110 from the requirement to have a license issued pursuant to this chapter.

      Sec. 7. NRS 628B.090 is hereby amended to read as follows:

      628B.090  1.  “Private professional guardian company” means a [natural person or] business entity, including, without limitation, a sole proprietorship, partnership, limited-liability company or corporation, that is licensed pursuant to the provisions of this chapter to engage in the business of a private professional guardian, whether appointed by a court or hired by a private party.

      2.  For the purposes of this chapter, the term does not include a [natural person or] business entity which engages in the business of a private professional guardian but which is exempt pursuant to NRS 159.0595 or 628B.110 from the requirement to have a license issued pursuant to this chapter.

      Sec. 8. NRS 628B.300 is hereby amended to read as follows:

      628B.300  It is unlawful for any person to engage in any activity relating to service as a private professional guardian, including, without limitation, engaging in the business of a private professional guardian [without having a license issued by the Commissioner pursuant to this chapter.] , if the person does not meet the requirements set forth in NRS 159.0595.

 


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ê2017 Statutes of Nevada, Page 2426 (Chapter 380, AB 150)ê

 

      Sec. 9. NRS 628B.310 is hereby amended to read as follows:

      628B.310  1.  [A person wishing] An applicant for a license to engage in the business of a private professional guardian in this State must file with the Commissioner an application on a form prescribed by the Commissioner, which must contain or be accompanied by such information as is required.

      2.  A nonrefundable fee of not more than $750 must accompany the application. The applicant must also pay such reasonable additional expenses incurred in the process of investigation as the Commissioner deems necessary.

      3.  The application must contain:

      (a) The name of the applicant and the name under which the applicant does business or expects to do business, if different.

      (b) The complete business and residence addresses of the applicant.

      (c) The character of the business sought to be carried on.

      (d) The address of any location where business will be transacted.

      (e) In the case of a firm or partnership, the full name and residence address of each member or partner and the manager.

      (f) In the case of a corporation or voluntary association, the name and residence address of each director and officer and the manager.

      (g) The name and residence address of each person who will be employed by the applicant as a private professional guardian pursuant to paragraph (a) of subsection 1 of NRS 159.0595.

      (h) A statement by the applicant acknowledging that the applicant is required to comply with the provisions of NRS 159.0595 if issued a license.

      [(h)](i) Any other information reasonably related to the applicant’s qualifications for the license which the Commissioner determines to be necessary.

      4.  Each application for a license must have attached to it a financial statement showing the assets, liabilities and net worth of the applicant [.] and each person who will be employed by the applicant as a private professional guardian pursuant to paragraph (a) of subsection 1 of NRS 159.0595.

      5.  In addition to any other requirements, each [applicant or member, partner, director, officer, manager or case manager of an applicant] natural person who acts in any capacity within a private professional guardian company shall [submit to the Commissioner a complete set of fingerprints and written permission authorizing the Division to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.] , before acting in any such capacity, comply with the provisions of section 3 of this act.

      6.  If the applicant is a corporation or limited-liability company, the articles of incorporation or articles of organization must contain:

      (a) The name adopted by the private professional guardian company, which must distinguish it from any other private professional guardian company formed or incorporated in this State or engaged in the business of a private professional guardian in this State; and

      (b) The purpose for which it is formed.

      7.  The Commissioner shall deem an application to be withdrawn if the Commissioner has not received all information and fees required to complete the application within 6 months after the date the application is submitted to the Commissioner. If an application is deemed to be withdrawn pursuant to this subsection or if an applicant otherwise withdraws an application, the Commissioner may not issue a license to the applicant unless the applicant submits a new application and pays the required fees.

 


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ê2017 Statutes of Nevada, Page 2427 (Chapter 380, AB 150)ê

 

this subsection or if an applicant otherwise withdraws an application, the Commissioner may not issue a license to the applicant unless the applicant submits a new application and pays the required fees.

      8.  The Commissioner shall adopt regulations establishing the amount of the fees required pursuant to this section, subject to the following limitations:

      (a) An initial fee of not more than $1,500 for a license to transact the business of a private professional guardian; and

      (b) A fee of not more than $300 for each branch office that is authorized by the Commissioner.

      9.  All money received by the Commissioner pursuant to this section must be placed in the Investigative Account for Financial Institutions created by NRS 232.545.

      Sec. 10. NRS 628B.330 is hereby amended to read as follows:

      628B.330  1.  Within 90 days after the application for a license is filed, the Commissioner shall investigate the facts of the application and the other requirements of this chapter to determine:

      (a) That each person who will serve as a sole proprietor, partner of a partnership, member of a limited-liability company or director or officer of a corporation, [and] any person acting in a managerial [or case manager] capacity [,] or in a capacity in which he or she is authorized to make discretionary decisions on behalf of the applicant and any person who will be employed by the applicant as a private professional guardian pursuant to paragraph (a) of subsection 1 of NRS 159.0595, as applicable:

             (1) Has a good reputation for honesty, trustworthiness and integrity and displays competence to engage in the business of a private professional guardian in a manner which safeguards the interests of the general public. The applicant must submit satisfactory proof of those qualifications, including, without limitation, evidence that the applicant has passed an examination for private professional guardians specified by the Commissioner.

             (2) Has not been convicted of, or entered a plea of guilty or nolo contendere to, a felony or any crime involving fraud, misrepresentation, material omission, misappropriation, conversion or moral turpitude.

             (3) Has not made a false statement of material fact on the application.

             (4) Has not been a sole proprietor or an officer or member of the board of directors for an entity whose license issued pursuant to the provisions of this chapter was suspended or revoked within the 10 years immediately preceding the date of the application if, in the reasonable judgment of the Commissioner, there is evidence that the sole proprietor, officer or member materially contributed to the actions resulting in the suspension or revocation of the license.

             (5) Has not been a sole proprietor or an officer or member of the board of directors for an entity whose license as a private professional guardian company which was issued by any other state, district or territory of the United States or any foreign country was suspended or revoked within the 10 years immediately preceding the date of the application if, in the reasonable judgment of the Commissioner, there is evidence that the sole proprietor, officer or member materially contributed to the actions resulting in the suspension or revocation of the license.

             (6) Has not violated any of the provisions of this chapter or any regulations adopted pursuant thereto.

 


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      (b) That the financial status of each sole proprietor, partner, member or director and officer of the corporation [and] , each person acting in a managerial [or case manager] capacity or in a capacity in which he or she is authorized to make discretionary decisions on behalf of the applicant and each person who will be employed by the applicant as a private professional guardian pursuant to paragraph (a) of subsection 1 of NRS 159.0595 indicates fiscal responsibility consistent with his or her position.

      (c) That the name of the proposed business complies with all applicable statutes.

      (d) That, except as otherwise provided in NRS 628B.540, the initial surety bond is not less than the amount required by NRS 159.065.

      2.  In rendering a decision on an application for a license, the Commissioner shall consider, without limitation:

      (a) The proposed markets to be served and, if they extend outside this State, any exceptional risk, examination or supervision concerns associated with those markets;

      (b) Whether the proposed organizational and equity structure and the amount of initial equity or fidelity and surety bonds of the applicant appear adequate in relation to the proposed business and markets, including, without limitation, the average level of assets under guardianship projected for each of the first 3 years of operation; and

      (c) Whether the applicant has planned suitable annual audits conducted by qualified outside auditors of its books and records and its fiduciary activities under applicable accounting rules and standards as well as suitable internal audits.

      Sec. 11. NRS 628B.380 is hereby amended to read as follows:

      628B.380  1.  A license issued pursuant to this chapter is not transferable or assignable, but upon the approval of the Commissioner and any applicable court of jurisdiction, a [licensee] private professional guardian company may merge or consolidate with, or transfer its assets and control to, another [person who] entity that holds a license pursuant to this chapter. In determining whether to grant the approval, the Commissioner may consider the factors set forth in NRS 628B.330.

      2.  If a change in the control of a private professional guardian company occurs, the chief executive officer or managing member of the company shall report the change in control and the name of the person obtaining control to the Commissioner within 5 business days after obtaining knowledge of the change.

      3.  A private professional guardian company shall, within 5 business days after a change occurs in the chief executive officer, managing member , [or] a majority of the directors or managing directors of the company [occurs,] or the employment of any private professional guardian, report the change to the Commissioner. The company shall include in its report to the Commissioner a statement of the past and current business and professional affiliations of each new chief executive officer, managing member, director , [or] managing director [.] or private professional guardian. A new chief executive officer, managing member, director , [or] managing director or private professional guardian shall furnish to the Commissioner a complete financial statement on a form prescribed by the Commissioner.

      4.  A person who intends to acquire control of a private professional guardian company shall submit an application to the Commissioner. The application must be submitted on a form prescribed by the Commissioner.

 


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application must be submitted on a form prescribed by the Commissioner. The Commissioner shall conduct an investigation pursuant to NRS 628B.330 to determine whether the person has a good reputation for honesty, trustworthiness and integrity and is competent to control the private professional guardian company in a manner which protects the interests of the general public.

      5.  The private professional guardian company of which the applicant intends to acquire control shall pay the nonrefundable cost of the investigation as required by the Commissioner. If the Commissioner denies the application, the Commissioner may prohibit or limit the applicant’s participation in the business.

      6.  As used in this section, “control” means the possession, directly or indirectly, of the authority to direct or cause the direction of the management and policy of a private professional guardian company, or a change in the ownership of at least 25 percent of the outstanding voting stock of, or participating members’ interest in, the company.

      Sec. 12. NRS 628B.520 is hereby amended to read as follows:

      628B.520  1.  A private professional guardian company licensed pursuant to this chapter shall maintain its principal office in this State.

      2.  To qualify as the principal office for the purposes of subsection 1, an office of the private professional guardian company must:

      (a) Have a verifiable physical location in this State at which the private professional guardian company conducts such business operations in this State as are necessary to administer private professional guardianships in this State;

      (b) Have available at the office a private professional guardian who meets the requirements set forth in paragraph (a) of subsection 1 of NRS 159.0595 and is [licensed pursuant to this chapter,] a permanent resident of this State and at least 21 years of age;

      (c) Have any license issued pursuant to this chapter conspicuously displayed;

      (d) Have available at the office originals or true copies of all material business records and accounts of the private professional guardian company, which must be readily available to access and readily available for examination by the Division;

      (e) Have available to the public written procedures for making claims against the surety bond required to be maintained pursuant to NRS 628B.540;

      (f) Have available all services to residents of this State which are consistent with the business plan of the private professional guardian company included with the application for a license; and

      (g) Comply with any other requirements specified by the Commissioner.

      Sec. 13. NRS 628B.530 is hereby amended to read as follows:

      628B.530  1.  It is unlawful for any [person] private professional guardian company licensed pursuant to this chapter to engage in the business of a private professional guardian at any office outside this State without the prior approval of the Commissioner.

      2.  Before the Commissioner will approve a branch to be located outside this State, the private professional guardian company must:

      (a) Obtain from that state any required license as a private professional guardian; or

 


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      (b) Provide proof satisfactory to the Commissioner that the private professional guardian company has met all the requirements to engage in the business of a private professional guardian in that state pursuant to its laws, including, without limitation, written documentation from the appropriate court or state agency that the private professional guardian company is authorized to do business in that state.

      3.  For each branch location of a private professional guardian company organized under the laws of this State, and every branch location in this State of a foreign private professional guardian company authorized to do business in this State, a request for approval and licensing must be filed with the Commissioner on forms prescribed by the Commissioner. A nonrefundable fee of not more than $500, as provided by the Commissioner, must accompany each request. In addition, a fee of not more than $200, to be prorated on the basis of the licensing year as provided by the Commissioner, must be paid at the time of making the request. Money collected pursuant to this section must be deposited in the Investigative Account for Financial Institutions created by NRS 232.545.

      4.  A foreign corporation or limited-liability company wishing to engage in the business of a private professional guardian in this State must use a name that distinguishes it from any other private professional guardian in this State.

      Sec. 14. NRS 628B.540 is hereby amended to read as follows:

      628B.540  1.  The Commissioner may require a private professional guardian company to maintain equity, fidelity and surety bonds in amounts that are more than the minimum required initially or at any subsequent time based on the Commissioner’s assessment of the risks associated with the business plan of the private professional guardian or other information contained in the application, the Commissioner’s investigation of the application or any examination of or filing by the private professional guardian company thereafter, including, without limitation, any examination before the opening of the business. In making such a determination, the Commissioner may consider, without limitation:

      (a) The nature and type of business to be conducted by the private professional guardian company;

      (b) The nature and liquidity of assets proposed to be held in the account of the private professional guardian company;

      (c) The amount of fiduciary assets projected to be under the management or administration of the private professional guardian company;

      (d) The type of fiduciary assets proposed to be held and any proposed depository of such assets;

      (e) The complexity of the fiduciary duties and degree of discretion proposed to be undertaken by the private professional guardian company;

      (f) The competence and experience of the proposed management of the private professional guardian company;

      (g) The extent and adequacy of proposed internal controls;

      (h) The proposed presence of annual audits by an independent certified public accountant, and the scope and frequency of such audits, whether they result in an opinion of the accountant and any qualifications to the opinion;

      (i) The reasonableness of business plans for retaining or acquiring additional equity capital;

 


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      (j) The adequacy of fidelity and surety bonds and any additional insurance proposed to be obtained by the private professional guardian company for the purpose of protecting its fiduciary assets;

      (k) The success of the private professional guardian company in achieving the financial projections submitted with its application for a license; and

      (l) The fulfillment by the private professional guardian company of its representations and its descriptions of its business structures and methods and management set forth in its application for a license.

      2.  [The director or manager of a] A private professional guardian company shall require fidelity bonds in the amount of at least $25,000 on [the sole proprietor or each active officer, manager, member acting in a managerial or case manager capacity and employee, regardless of whether the person receives a salary or other compensation from the private professional guardian company,] each natural person who acts in any capacity within the private professional guardian company to indemnify the company against loss due to any dishonest, fraudulent or criminal act or omission by a person upon whom a bond is required pursuant to this section who acts alone or in combination with any other person. A bond required pursuant to this section may be in any form and may be paid for by the private professional guardian company.

      3.  A private professional guardian company shall obtain suitable insurance against burglary, robbery, theft and other hazards to which it may be exposed in the operation of its business.

      4.  A private professional guardian company shall obtain suitable surety bonds in accordance with NRS 159.065, as applicable.

      5.  The surety bond obtained pursuant to subsection 4 must be in a form approved by a court of competent jurisdiction and the Division and conditioned that the applicant conduct his or her business in accordance with the requirements of this chapter. The bond must be made and executed by the principal and a surety company authorized to write bonds in this State.

      6.  A private professional guardian company shall at least annually prescribe the amount or penal sum of the bonds or policies of the company and designate the sureties and underwriters thereof, after considering all known elements and factors constituting a risk or hazard. The action must be recorded in the minutes kept by the private professional guardian company and reported to the Commissioner.

      7.  The bond must cover all matters placed with the private professional guardian company during the term of the license or a renewal thereof.

      8.  An action may not be brought upon any bond after 2 years from the revocation or expiration of the license.

      9.  After 2 years, all liability of the surety or sureties upon the bond ceases if no action is commenced upon the bond.

      Sec. 15. NRS 628B.550 is hereby amended to read as follows:

      628B.550  1.  The fiduciary relationship which exists between a private professional guardian and the ward of the private professional guardian may not be used for the private gain of the guardian other than the remuneration for fees and expenses. A private professional guardian may not incur any obligation on behalf of the guardianship that conflicts with the discharge of the duties of the private professional guardian.

      2.  Unless prior approval is obtained from a court of competent jurisdiction, a private professional guardian shall not:

 


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ê2017 Statutes of Nevada, Page 2432 (Chapter 380, AB 150)ê

 

      (a) Have any interest, financial or otherwise, direct or indirect, in any business transaction or activity with the guardianship.

      (b) Acquire an ownership, possessory, security or other pecuniary interest adverse to the ward.

      (c) Be knowingly designated as a beneficiary on any life insurance policy or pension or benefit plan of the ward unless such designation was validly made by the ward before the adjudication of the person’s incapacity.

      (d) Directly or indirectly purchase, rent, lease or sell any property or services from or to any business entity in which the private professional guardian, or the spouse or relative of the guardian, is an officer, partner, director, shareholder or proprietor or in which such a person has any financial interest.

      3.  Any action taken by a private professional guardian which is prohibited by this section may be voided during the term of the guardianship or by the personal representative of the ward’s estate. The private professional guardian is subject to removal and to imposition of personal liability through a proceeding for discharge, in addition to any other remedies otherwise available.

      4.  A court shall not appoint a private professional guardian that [is] does not [licensed pursuant to this chapter] meet the requirements set forth in NRS 159.0595 as the guardian of a person or estate. The court must review each guardianship involving a private professional guardian on the anniversary date of the appointment of the private professional guardian. If a private professional guardian does not [hold a current license,] meet the requirements set forth in NRS 159.0595, the court must replace the guardian until such time as the private professional guardian [obtains the necessary license.] meets such requirements.

      5.  [The provisions of NRS 159.076 regarding summary administration do not apply to a private professional guardian.

      6.  A licensee] A private professional guardian shall file any report required by the court in a timely manner.

      Sec. 16. NRS 628B.560 is hereby amended to read as follows:

      628B.560  1.  Except as otherwise provided in NRS 159.076, a [licensee] private professional guardian company shall maintain a separate guardianship account for each ward into which all money received for the benefit of the ward must be deposited [.] , unless otherwise ordered by the court for a substantiated reason. Each guardianship account must be maintained in an insured bank or credit union located in this State, be held in a name which is sufficient to distinguish it from the personal or general checking account of the [licensee] private professional guardian company and be designated as a guardianship account. Each guardianship account must at all times account for all money received for the benefit of the ward and account for all money dispersed for the benefit of the ward, and no disbursement may be made from the account except as authorized under chapter 159 of NRS or as authorized by court order.

      2.  Each [licensee] private professional guardian company shall keep a record of all money deposited in each guardianship account maintained for a ward, which must clearly indicate the date and from whom the money was received, the date the money was deposited, the dates of withdrawals of money and other pertinent information concerning the transactions. Records kept pursuant to this subsection must be maintained for at least 6 years after the completion of the last transaction concerning the account. The records must be maintained at the premises in this State at which the [licensee] private professional guardian company is authorized to conduct business.

 


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ê2017 Statutes of Nevada, Page 2433 (Chapter 380, AB 150)ê

 

must be maintained at the premises in this State at which the [licensee] private professional guardian company is authorized to conduct business.

      3.  The Commissioner or his or her designee may conduct an examination of the guardianship accounts and records relating to wards of each private professional guardian company licensed pursuant to this chapter at any time to ensure compliance with the provisions of this chapter.

      4.  During the first year a private professional guardian company is licensed in this State, the Commissioner or his or her designee may conduct any examinations deemed necessary to ensure compliance with the provisions of this chapter.

      5.  If there is evidence that a private professional guardian company has violated a provision of this chapter, the Commissioner or his or her designee may conduct additional examinations to determine whether a violation has occurred.

      6.  Each [licensee] private professional guardian company shall authorize the Commissioner or his or her designee to examine all books, records, papers and effects of the private professional guardian company.

      7.  If the Commissioner determines that the records of a [licensee] private professional guardian company are not maintained in accordance with subsections 1 and 2, the Commissioner may require the [licensee] private professional guardian company to submit, within 60 days, an audited financial statement prepared from the records of the [licensee] private professional guardian company by a certified public accountant who holds a certificate to engage in the practice of public accounting in this State. The Commissioner may grant a reasonable extension of time for the submission of the financial statement if an extension is requested before the statement is due.

      8.  Upon the request of the Division, a [licensee] private professional guardian company must provide to the Division copies of any documents reviewed during an examination conducted by the Commissioner or his or her designee pursuant to subsection 4, 5 or 6. If the copies are not provided, the Commissioner may subpoena the documents.

      9.  For each examination of the books, papers, records and effects of a private professional guardian company that is required or authorized pursuant to this chapter, the Commissioner shall charge and collect from the private professional guardian company a fee for conducting the examination and preparing a report of the examination based upon the rate established by regulation pursuant to NRS 658.101. Failure to pay the fee within 30 days after receipt of the bill is grounds for revoking the license of the private professional guardian company.

      10.  All money collected under this section must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.

      Sec. 17. NRS 628B.730 is hereby amended to read as follows:

      628B.730  1.  If the Commissioner has reason to believe that grounds for the revocation or suspension of a license exist, the Commissioner shall give at least 20 days’ written notice to the [licensee] private professional guardian company stating the contemplated action and, in general, the grounds therefor and set a date for a hearing.

      2.  At the conclusion of a hearing, the Commissioner shall:

      (a) Enter a written order dismissing the charges, revoking the license or suspending the license for a period of not more than 60 days, which period must include any prior temporary suspension. The Commissioner shall send a copy of the order to the [licensee] private professional guardian company by registered or certified mail.

 


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ê2017 Statutes of Nevada, Page 2434 (Chapter 380, AB 150)ê

 

      (b) Impose upon the [licensee] private professional guardian company an administrative fine of not more than $10,000 for each violation by the [licensee] private professional guardian company of any provision of this chapter or any regulation adopted pursuant thereto.

      (c) If a fine is imposed pursuant to this section, enter such order as is necessary to recover the costs of the proceeding, including investigative costs and attorney’s fees.

      3.  The grounds for revocation or suspension of a license are that:

      (a) The [licensee] private professional guardian company has failed to pay the annual license fee;

      (b) The [licensee] private professional guardian company has violated any provision of this chapter or any regulation adopted pursuant thereto or any lawful order of the Commissioner;

      (c) The [licensee] private professional guardian company has failed to pay any applicable state or local tax as required;

      (d) Any fact or condition exists which would have justified the Commissioner in denying the original application for a license pursuant to the provisions of this chapter; or

      (e) The [licensee:] private professional guardian company:

             (1) Failed to open an office for the conduct of the business authorized by [his or her] its license within 180 days after the date the license was issued; or

             (2) Has failed to remain open for the conduct of the business for a period of 30 consecutive days without good cause therefor.

      4.  An order suspending or revoking a license becomes effective 5 days after being entered unless the order specifies otherwise or a stay is granted.

      5.  If the Commissioner enters an order suspending or revoking a license pursuant to this section, the Commissioner shall send a copy of the order to each district court in this State.

      Sec. 18. NRS 628B.920 is hereby amended to read as follows:

      628B.920  A person who does not have a license issued pursuant to this chapter shall not:

      1.  Use the term “private professional guardian” or “guardianship services” as a part of [his or her] the person’s business name.

      2.  Advertise or use any sign which includes the term “private professional guardian.”

      Sec. 19. NRS 628B.930 is hereby amended to read as follows:

      628B.930  1.  The Commissioner shall conduct an investigation if he or she receives a verified complaint that [an unlicensed] a person who does not meet the requirements set forth in NRS 159.0595 is engaging in [an] any activity [for which a license is required pursuant to this chapter.] relating to service as a private professional guardian.

      2.  If the Commissioner determines that [an unlicensed] a person who does not meet the requirements set forth in NRS 159.0595 is engaged in [an] any activity [for which a license is required pursuant to this chapter,] relating to service as a private professional guardian, the Commissioner shall:

      (a) Issue and serve on the person an order to cease and desist from engaging in the activity until such time as the person [obtains a license issued by the Commissioner;] meets the requirements set forth in NRS 159.0595; and

      (b) Send a copy of the order to each district court in this State.

 


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      3.  If a person upon whom an order to cease and desist is served pursuant to subsection 2 does not comply with the order within 30 days after the service of the order, the Commissioner shall, after providing to the person notice and an opportunity for a hearing:

      (a) Impose upon the person an administrative fine of $10,000; or

      (b) Enter into a written agreement with the person pursuant to which the person agrees to cease and desist from engaging in any activity in this State [for which a license is required] relating to [the business of] service as a private professional guardian and impose upon the person an administrative fine of not less than $5,000 and not more than $10,000.

      4.  The Commissioner shall bring suit in the name and on behalf of the State of Nevada against a person upon whom an administrative fine is imposed pursuant to subsection 3 to recover the amount of the administrative fine if:

      (a) No petition for judicial review is filed pursuant to NRS 233B.130 and the fine remains unpaid for at least 90 days after notice of the imposition of the fine; or

      (b) A petition for judicial review is filed pursuant to NRS 233B.130 and the fine remains unpaid for at least 90 days after the exhaustion of any right of appeal in the courts of this State resulting in a final determination that upholds the imposition of the fine.

      5.  A person’s liability for an administrative fine is in addition to any other penalty provided for in this chapter.

      Sec. 20. (Deleted by amendment.)

________

CHAPTER 381, AB 296

Assembly Bill No. 296–Assemblyman Elliot Anderson

 

CHAPTER 381

 

[Approved: June 5, 2017]

 

AN ACT relating to legislative measures; revising requirements relating to requests for the drafting of legislative measures submitted to the Legislative Counsel; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Commencing on July 1 preceding each regular session and every week thereafter until the adjournment of the Legislature sine die, the Legislative Counsel is required under existing law to prepare a list of all requests for the drafting of legislative measures received by the Legislative Counsel. The requests are required to be listed numerically by a unique serial number which is required to be assigned by the Legislative Counsel for the purposes of identification in the order that the Legislative Counsel received the requests. (NRS 218D.130) Existing law prohibits the Legislative Counsel from assigning a number to a request to establish the priority of the request until sufficient detail has been received by the Legislative Counsel to allow complete drafting of the legislative measure. (NRS 218D.100, 218D.150, 218D.155, 218D.160, 218D.175, 218D.190, 218D.205, 218D.210, 218D.220) This bill eliminates the prohibition against the Legislative Counsel assigning a number to a request until sufficient detail has been received. Therefore, the Legislative Counsel is required to assign a number to a request in the order in which the request is received.

 


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ê2017 Statutes of Nevada, Page 2436 (Chapter 381, AB 296)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 218D.100 is hereby amended to read as follows:

      218D.100  1.  The provisions of NRS 218D.100 to 218D.220, inclusive, apply to requests for the drafting of legislative measures for a regular session.

      2.  Except as otherwise provided by a specific statute, joint rule or concurrent resolution, the Legislative Counsel shall not honor a request for the drafting of a legislative measure if the request:

      (a) Exceeds the number of requests authorized by NRS 218D.100 to 218D.220, inclusive, for the requester; or

      (b) Is submitted by an authorized nonlegislative requester pursuant to NRS 218D.175 to 218D.220, inclusive, but is not in a subject related to the function of the requester.

      3.  The Legislative Counsel shall not:

      (a) [Assign a number to a request for the drafting of a legislative measure to establish the priority of the request until sufficient detail has been received to allow complete drafting of the legislative measure.

      (b)] Honor a request to change the subject matter of a request for the drafting of a legislative measure after it has been submitted for drafting.

      [(c)](b) Honor a request for the drafting of a legislative measure which has been combined in violation of Section 17 of Article 4 of the Nevada Constitution.

      Sec. 2. NRS 218D.110 is hereby amended to read as follows:

      218D.110 1.  The Legislative Counsel shall assist Legislators in the drafting of the legislative measures which they are authorized to request, including, without limitation, drafting them in proper form and furnishing the Legislators with the fullest information upon all matters within the scope of the Legislative Counsel’s duties.

      2.  Except as otherwise provided in this section, the Legislative Counsel shall, insofar as is possible, act upon all Legislators’ requests for the drafting of legislative measures in the order in which they are received.

      3.  To assure the greatest possible equity in the handling of such requests, drafting must proceed as follows:

      (a) If a Legislator so desires, the Legislator may designate a different priority for the Legislator’s requests which the Legislative Counsel shall observe, insofar as is possible.

      (b) The drafting of requests from chairs or members of standing committees or special committees which are made on behalf of those committees must not, except where urgency is recognized, take precedence over the priority established or designated for requests from individual Legislators.

      (c) [After November 1 preceding a regular session, the] The Legislative Counsel shall give full priority to the drafting of requests from Legislators for which sufficient detail to allow complete drafting of the legislative measure [was] is submitted . [within the period required by statute.]

      Sec. 3. (Deleted by amendment.)

 


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      Sec. 3.5. NRS 218D.150 is hereby amended to read as follows:

      218D.150  1.  Except as otherwise provided in this section, each:

      (a) Incumbent member of the Assembly may request the drafting of:

             (1) Not more than 4 legislative measures submitted to the Legislative Counsel on or before August 1 preceding a regular session;

             (2) Not more than 5 legislative measures submitted to the Legislative Counsel after August 1 but on or before December 10 preceding a regular session; and

             (3) Not more than 1 legislative measure submitted to the Legislative Counsel after a regular session has convened but on or before the eighth day of the regular session at 5 p.m.

      (b) Incumbent member of the Senate may request the drafting of:

             (1) Not more than 8 legislative measures submitted to the Legislative Counsel on or before August 1 preceding a regular session;

             (2) Not more than 10 legislative measures submitted to the Legislative Counsel after August 1 but on or before December 10 preceding a regular session; and

             (3) Not more than 2 legislative measures submitted to the Legislative Counsel after a regular session has convened but on or before the eighth day of the regular session at 5 p.m.

      (c) Newly elected member of the Assembly may request the drafting of:

             (1) Not more than 5 legislative measures submitted to the Legislative Counsel on or before December 10 preceding a regular session; and

             (2) Not more than 1 legislative measure submitted to the Legislative Counsel after a regular session has convened but on or before the eighth day of the regular session at 5 p.m.

      (d) Newly elected member of the Senate may request the drafting of:

             (1) Not more than 10 legislative measures submitted to the Legislative Counsel on or before December 10 preceding a regular session; and

             (2) Not more than 2 legislative measures submitted to the Legislative Counsel after a regular session has convened but on or before the eighth day of the regular session at 5 p.m.

      2.  Except as otherwise provided in this subsection, on or before the first day of a regular session, each:

      (a) Incumbent member of the Assembly must:

             (1) Prefile at least 4 of the legislative measures that he or she requested pursuant to subparagraphs (1) and (2) of paragraph (a) of subsection 1; or

             (2) Inform the Legislative Counsel of which 4 legislative measures that he or she requested pursuant to subparagraphs (1) and (2) of paragraph (a) of subsection 1 that he or she withdraws.

Ê If an incumbent member of the Assembly does not request the maximum number of legislative measures authorized by subparagraphs (1) and (2) of paragraph (a) of subsection 1, the number of legislative measures that he or she must prefile or withdraw pursuant to this paragraph is reduced by that number of unused requests.

      (b) Incumbent member of the Senate must:

             (1) Prefile at least 8 of the legislative measures that he or she requested pursuant to subparagraphs (1) and (2) of paragraph (b) of subsection 1; or

 


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             (2) Inform the Legislative Counsel of which 8 legislative measures that he or she requested pursuant to subparagraphs (1) and (2) of paragraph (b) of subsection 1 that he or she withdraws.

Ê If an incumbent member of the Senate does not request the maximum number of legislative measures authorized by subparagraphs (1) and (2) of paragraph (b) of subsection 1, the number of legislative measures that he or she must prefile or withdraw pursuant to this paragraph is reduced by that number of unused requests.

      (c) Newly elected member of the Assembly must:

             (1) Prefile at least 2 of the legislative measures that he or she requested pursuant to subparagraph (1) of paragraph (c) of subsection 1; or

             (2) Inform the Legislative Counsel of which 2 legislative measures that he or she requested pursuant to subparagraph (1) of paragraph (c) of subsection 1 that he or she withdraws.

Ê If a newly elected member of the Assembly does not request the maximum number of legislative measures authorized by subparagraph (1) of paragraph (c) of subsection 1, the number of legislative measures that he or she must prefile or withdraw pursuant to this paragraph is reduced by that number of unused requests.

      (d) Newly elected member of the Senate must:

             (1) Prefile at least 4 of the legislative measures that he or she requested pursuant to subparagraph (1) of paragraph (d) of subsection 1; or

             (2) Inform the Legislative Counsel of which 4 legislative measures that he or she requested pursuant to subparagraph (1) of paragraph (d) of subsection 1 that he or she withdraws.

Ê If a newly elected member of the Senate does not request the maximum number of legislative measures authorized by subparagraph (1) of paragraph (d) of subsection 1, the number of legislative measures that he or she must prefile or withdraw pursuant to this paragraph is reduced by that number of unused requests.

      3.  A Legislator may not request the drafting of a legislative measure pursuant to subsection 1 on or after the date on which the Legislator becomes a nonreturning Legislator. For the purposes of this subsection, “nonreturning Legislator” means a Legislator who, in the year that the Legislator’s term of office expires:

      (a) Has not filed a declaration or an acceptance of candidacy within the time allowed for filing for election as a member of the Senate or the Assembly;

      (b) Has failed to win nomination as a candidate for the Senate or the Assembly at the primary election; or

      (c) Has withdrawn as a candidate for the Senate or the Assembly.

      4.  A Legislator may not request the drafting of a legislative measure pursuant to paragraph (a) or (b) of subsection 1 on or after the date on which the Legislator files a declaration or an acceptance of candidacy for election to the House in which he or she is not currently a member. If the Legislator is elected to the other House, any request that he or she submitted pursuant to paragraph (a) or (b) of subsection 1 before filing his or her declaration or acceptance of candidacy for election counts against the applicable limitation set forth in paragraph (c) or (d) of subsection 1 for the House in which the Legislator is a newly elected member.

      5.  In addition to the number of requests authorized pursuant to subsection 1:

 


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      (a) The chair of each standing committee of the immediately preceding regular session, or a person designated in the place of the chair by the Speaker of the Assembly or the Majority Leader of the Senate, may request before the date of the general election preceding a regular session the drafting of not more than 1 legislative measure for introduction by the committee in a subject within the jurisdiction of the committee for every 18 legislative measures that were referred to the respective standing committee during the immediately preceding regular session.

      (b) A person designated after the general election as a chair of a standing committee for the next regular session, or a person designated in the place of a chair by the person designated as the Speaker of the Assembly or the Majority Leader of the Senate for the next regular session, may request on or before December 10 preceding that regular session the drafting of the remaining number of the legislative measures allowed for the respective standing committee that were not requested by the previous chair or designee.

      6.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel.

      [7.  The Legislative Counsel shall not assign a number to a request for the drafting of a legislative measure submitted pursuant to this section to establish the priority of the request until sufficient detail has been received to allow complete drafting of the legislative measure.]

      Sec. 4. NRS 218D.155 is hereby amended to read as follows:

      218D.155  1.  In addition to the number of requests authorized pursuant to NRS 218D.150:

      (a) The Speaker of the Assembly and the Majority Leader of the Senate may each request before the date of the general election preceding a regular session, without limitation, the drafting of not more than 15 legislative measures for that regular session.

      (b) The Minority Leader of the Assembly and the Minority Leader of the Senate may each request before the date of the general election preceding a regular session, without limitation, the drafting of not more than 10 legislative measures for that regular session.

      (c) A person designated after the general election as the Speaker of the Assembly, the Majority Leader of the Senate, the Minority Leader of the Assembly or the Minority Leader of the Senate for the next regular session may request before the first day of that regular session the drafting of the remaining number of the legislative measures allowed for the respective officer that were not requested by the previous officer.

      2.  The Legislative Counsel, the Secretary of the Senate and the Chief Clerk of the Assembly may request before or during a regular session, without limitation, the drafting of as many legislative measures as are necessary or convenient for the proper exercise of their duties.

      [3.  The Legislative Counsel shall not assign a number to a request for the drafting of a legislative measure submitted pursuant to this section to establish the priority of the request until sufficient detail has been received to allow complete drafting of the legislative measure.]

      Sec. 4.1. NRS 218D.160 is hereby amended to read as follows:

      218D.160  1.  The Chair of the Legislative Commission may request the drafting of not more than 10 legislative measures before the first day of a regular session, with the approval of the Legislative Commission, which relate to the affairs of the Legislature or its employees, including legislative measures requested by the legislative staff.

 


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ê2017 Statutes of Nevada, Page 2440 (Chapter 381, AB 296)ê

 

relate to the affairs of the Legislature or its employees, including legislative measures requested by the legislative staff.

      2.  The Chair of the Interim Finance Committee may request the drafting of not more than 10 legislative measures before the first day of a regular session, with the approval of the Committee, which relate to matters within the scope of the Committee.

      3.  Except as otherwise provided by a specific statute, joint rule or concurrent resolution:

      (a) Any legislative committee created by a statute, other than an interim legislative committee, may request the drafting of not more than 10 legislative measures which relate to matters within the scope of the committee.

      (b) Any committee or subcommittee established by an order of the Legislative Commission pursuant to NRS 218E.200 may request the drafting of not more than 5 legislative measures which relate to matters within the scope of the study or investigation, except that such a committee or subcommittee may request the drafting of additional legislative measures if the Legislative Commission approves each additional request by a majority vote.

      (c) Any other committee established by the Legislature which conducts an interim legislative study or investigation may request the drafting of not more than 5 legislative measures which relate to matters within the scope of the study or investigation.

Ê The requests authorized pursuant to this subsection must be submitted to the Legislative Counsel on or before September 1 preceding a regular session unless the Legislative Commission authorizes submitting a request after that date.

      4.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel.

      [5.  The Legislative Counsel shall not assign a number to a request for the drafting of a legislative measure submitted pursuant to this section to establish the priority of the request until sufficient detail has been received to allow complete drafting of the legislative measure.]

      Sec. 4.2. NRS 218D.175 is hereby amended to read as follows:

      218D.175  1.  For a regular session, the Governor or the Governor’s designated representative may request the drafting of not more than 110 legislative measures which have been approved by the Governor or the Governor’s designated representative on behalf of the officers, agencies, boards, commissions, departments and other units of the Executive Department. The requests must be submitted to the Legislative Counsel on or before August 1 preceding the regular session.

      2.  The Director of the Office of Finance may request on or before the 19th day of a regular session, without limitation, the drafting of as many legislative measures as are necessary to implement the budget proposed by the Governor and to provide for the fiscal management of the State. In addition to the requests otherwise authorized pursuant to this section, the Governor may request the drafting of not more than 5 legislative measures on or before the 19th day of a regular session to propose the Governor’s legislative agenda.

      3.  For a regular session, the following constitutional officers may request, without the approval of the Governor or the Governor’s designated representative, the drafting of not more than the following numbers of legislative measures, which must be submitted to the Legislative Counsel on or before September 1 preceding the regular session:

 


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ê2017 Statutes of Nevada, Page 2441 (Chapter 381, AB 296)ê

 

legislative measures, which must be submitted to the Legislative Counsel on or before September 1 preceding the regular session:

 

Lieutenant Governor.................................................................................... 3

Secretary of State.......................................................................................... 6

State Treasurer............................................................................................... 5

State Controller.............................................................................................. 5

Attorney General......................................................................................... 20

 

      4.  In addition to the requests authorized by subsection 3, the Secretary of State may request, without the approval of the Governor or the Governor’s designated representative, the drafting of not more than 2 legislative measures, which must be submitted to the Legislative Counsel on or before December 31 preceding the regular session.

      5.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The legislative measures requested pursuant to subsections 1 and 3 must be prefiled on or before the third Wednesday in November preceding the regular session. A legislative measure that is not prefiled on or before that day shall be deemed withdrawn.

      [6.  The Legislative Counsel shall not assign a number to a request for the drafting of a legislative measure submitted pursuant to this section to establish the priority of the request until sufficient detail has been received to allow complete drafting of the legislative measure.]

      Sec. 4.3. NRS 218D.190 is hereby amended to read as follows:

      218D.190  1.  For a regular session, the Supreme Court may request the drafting of not more than 10 legislative measures which have been approved by the Supreme Court on behalf of the Judicial Department. The requests must be submitted to the Legislative Counsel on or before September 1 preceding the regular session.

      2.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The legislative measures requested pursuant to this section must be prefiled on or before the third Wednesday in November preceding the regular session. A legislative measure that is not prefiled on or before that day shall be deemed withdrawn.

      [3.  The Legislative Counsel shall not assign a number to a request for the drafting of a legislative measure submitted pursuant to this section to establish the priority of the request until sufficient detail has been received to allow complete drafting of the legislative measure.]

      Sec. 4.4. NRS 218D.205 is hereby amended to read as follows:

      218D.205  1.  For a regular session, each board of county commissioners, board of trustees of a school district and city council may request the drafting of not more than the numbers of legislative measures set forth in this section if the requests are:

      (a) Approved by the governing body of the county, school district or city at a public hearing before their submission to the Legislative Counsel; and

      (b) Submitted to the Legislative Counsel on or before September 1 preceding the regular session.

      2.  The Legislative Counsel shall notify the requesting county, school district or city if its request substantially duplicates a request previously submitted by another county, school district or city.

      3.  The board of county commissioners of a county whose population:

 


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ê2017 Statutes of Nevada, Page 2442 (Chapter 381, AB 296)ê

 

      (a) Is 700,000 or more may request the drafting of not more than 4 legislative measures for a regular session.

      (b) Is 100,000 or more but less than 700,000 may request the drafting of not more than 2 legislative measures for a regular session.

      (c) Is less than 100,000 may request the drafting of not more than 1 legislative measure for a regular session.

      4.  The board of trustees of a school district in a county whose population:

      (a) Is 700,000 or more may request the drafting of not more than 2 legislative measures for a regular session.

      (b) Is less than 700,000 may request the drafting of not more than 1 legislative measure for a regular session.

      5.  The city council of a city whose population:

      (a) Is 500,000 or more may request the drafting of not more than 3 legislative measures for a regular session.

      (b) Is 150,000 or more but less than 500,000 may request the drafting of not more than 2 legislative measures for a regular session.

      (c) Is less than 150,000 may request the drafting of not more than 1 legislative measure for a regular session.

      6.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The legislative measures requested pursuant to this section must be prefiled on or before the third Wednesday in November preceding the regular session. A legislative measure that is not prefiled on or before that day shall be deemed withdrawn.

      7.  [The Legislative Counsel shall not assign a number to a request for the drafting of a legislative measure submitted pursuant to this section to establish the priority of the request until sufficient detail has been received to allow complete drafting of the legislative measure.

      8.]  As used in this section, “population” means the current population estimate for that city or county as determined and published by the Department of Taxation and the demographer employed pursuant to NRS 360.283.

      Sec. 4.5. NRS 218D.210 is hereby amended to read as follows:

      218D.210  1.  For a regular session, an association of counties or cities may request the drafting of not more than 5 legislative measures. The requests must be submitted to the Legislative Counsel on or before September 1 preceding the regular session.

      2.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The legislative measures requested pursuant to this section must be prefiled on or before the third Wednesday in November preceding the regular session. A legislative measure that is not prefiled on or before that day shall be deemed withdrawn.

      [3.  The Legislative Counsel shall not assign a number to a request for the drafting of a legislative measure submitted pursuant to this section to establish the priority of the request until sufficient detail has been received to allow complete drafting of the legislative measure.]

      Sec. 4.6. NRS 218D.220 is hereby amended to read as follows:

      218D.220  1.  For a regular session, the Nevada Silver Haired Legislative Forum created by NRS 427A.320 may request the drafting of not more than 1 legislative measure which relates to matters within the scope of the Forum. The request must be submitted to the Legislative Counsel on or before September 1 preceding the regular session.

 


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ê2017 Statutes of Nevada, Page 2443 (Chapter 381, AB 296)ê

 

      2.  A request made pursuant to this section must be on a form prescribed by the Legislative Counsel. A legislative measure requested pursuant to this section must be prefiled on or before the third Wednesday in November preceding the regular session. A legislative measure that is not prefiled on or before that day shall be deemed withdrawn.

      [3.  The Legislative Counsel shall not assign a number to a request for the drafting of a legislative measure submitted pursuant to this section to establish the priority of the request until sufficient detail has been received to allow complete drafting of the legislative measure.]

      Secs. 5-8. (Deleted by amendment.)

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

________

CHAPTER 382, SB 25

Senate Bill No. 25–Committee on Government Affairs

 

CHAPTER 382

 

[Approved: June 5, 2017]

 

AN ACT relating to the Office of the Attorney General; transferring authority over the application for a fictitious address from the Attorney General to the Division of Child and Family Services of the Department of Health and Human Services; revising the duties of the Committee on Domestic Violence; revising provisions relating to the appointment of members to the Committee on Domestic Violence; transferring the requirement to adopt regulations relating to programs for the treatment of persons who commit domestic violence from the Committee to the Division of Public and Behavioral Health of the Department of Health and Human Services; abolishing the Nevada Council for the Prevention of Domestic Violence and transferring certain duties of the Council to the Committee on Domestic Violence; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Attorney General to appoint a Committee on Domestic Violence and requires the Committee to adopt regulations to certify programs for the treatment of persons who commit domestic violence. (NRS 228.470) Existing law also creates the Nevada Council for the Prevention of Domestic Violence, and charges the Council with, among other duties, increasing awareness of certain issues relating to domestic violence. (NRS 228.480, 228.490) Section 29 of this bill abolishes the Nevada Council for the Prevention of Domestic Violence, and sections 1, 5 and 6 of this bill transfer the duties of the Council and any subcommittees of the Council to the Committee on Domestic Violence. Sections 5 and 22.5 of this bill transfer the requirement to adopt regulations relating to programs for treatment of persons who commit domestic violence from the Committee on Domestic Violence to the Division of Public and Behavioral Health of the Department of Health and Human Services. Sections 1-4, 9, 10 and 13 of this bill make conforming changes.

      Section 5 also revises the composition of the Committee on Domestic Violence to authorize the Attorney General to appoint additional members to the Committee. Further, section 5 establishes 2-year terms for each member appointed to the Committee on Domestic Violence and provides that a member may be reappointed for additional terms.

 


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ê2017 Statutes of Nevada, Page 2444 (Chapter 382, SB 25)ê

 

      Existing law authorizes the Attorney General to organize or sponsor multidisciplinary teams to review the death of a victim of a crime that constitutes domestic violence under certain circumstances. Section 7 of this bill transfers the duties of these multidisciplinary teams to the Committee on Domestic Violence. Sections 8, 11, 12 and 19-23 of this bill make conforming changes to reflect the transfer of these duties to the Committee.

      Existing law authorizes the Attorney General to issue a fictitious address to a victim, or the parent or guardian of a victim, of domestic violence, human trafficking, sexual assault or stalking who applies for the issuance of a fictitious address. (NRS 217.462-217.471) Sections 14-18 of this bill transfer the authority over this application process to the Division of Child and Family Services of the Department of Health and Human Services.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 228.205 is hereby amended to read as follows:

      228.205  1.  There is hereby created in the Office of the Attorney General the Victim Information Notification Everyday System, which consists of a toll-free telephone number and an Internet website through which victims of crime and members of the public may register to receive automated information and notification concerning changes in the custody status of an offender.

      2.  The [Attorney General shall:

      (a) Appoint a subcommittee of the Nevada Council for the Prevention of] Committee on Domestic Violence [created by] appointed pursuant to NRS [228.480 to] 228.470 shall serve as the Governance Committee for the System . [; and

      (b) Consider nominations by the Council when appointing members of the Governance Committee.]

      3.  The Governance Committee may adopt policies, protocols and regulations for the operation and oversight of the System.

      4.  The Attorney General may apply for and accept gifts, grants and donations for use in carrying out the provisions of this section.

      5.  To the extent of available funding, each sheriff and chief of police, the Department of Corrections, the Department of Public Safety and the State Board of Parole Commissioners shall cooperate with the Attorney General to establish and maintain the System.

      6.  The failure of the System to notify a victim of a crime of a change in the custody status of an offender does not establish a basis for any cause of action by the victim or any other party against the State, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the State or its political subdivisions.

      7.  As used in this section:

      (a) “Custody status” means the transfer of the custody of an offender or the release or escape from custody of an offender.

      (b) “Offender” means a person convicted of a crime and sentenced to imprisonment in a county jail or in the state prison.

 


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ê2017 Statutes of Nevada, Page 2445 (Chapter 382, SB 25)ê

 

      Sec. 2. NRS 228.423 is hereby amended to read as follows:

      228.423  As used in NRS 228.423 to [228.490,] 228.497, inclusive, unless the context otherwise requires, the words and terms defined in NRS 228.427 and 228.430 have the meanings ascribed to them in those sections.

      Sec. 3. NRS 228.427 is hereby amended to read as follows:

      228.427  [“Council”] “Committee” means the [Nevada Council for the Prevention of] Committee on Domestic Violence [created] appointed pursuant to NRS [228.480.] 228.470.

      Sec. 4. NRS 228.460 is hereby amended to read as follows:

      228.460  1.  The Account for Programs Related to Domestic Violence is hereby created in the State General Fund. Any administrative assessment imposed and collected pursuant to NRS 200.485 must be deposited with the State Controller for credit to the Account.

      2.  The Ombudsman for Victims of Domestic Violence:

      (a) Shall administer the Account for Programs Related to Domestic Violence; and

      (b) May expend money in the Account only to pay for expenses related to:

             (1) The Committee ; [on Domestic Violence created pursuant to NRS 228.470;]

             (2) [The Council;

             (3)] Training law enforcement officers, attorneys and members of the judicial system about domestic violence;

             [(4)](3) Assisting victims of domestic violence and educating the public concerning domestic violence; and

             [(5)](4) Carrying out the duties and functions of his or her office.

      3.  All claims against the Account for Programs Related to Domestic Violence must be paid as other claims against the State are paid.

      Sec. 5. NRS 228.470 is hereby amended to read as follows:

      228.470  1.  The Attorney General shall appoint a Committee on Domestic Violence comprised of [:] the Attorney General or a designee of the Attorney General and:

      (a) One staff member of a program for victims of domestic violence;

      (b) One staff member of a program for the treatment of persons who commit domestic violence;

      (c) One representative from an office of the district attorney with experience in prosecuting criminal offenses;

      (d) One representative from an office of the city attorney with experience in prosecuting criminal offenses;

      (e) One law enforcement officer;

      (f) One provider of mental health care;

      (g) Two victims of domestic violence; [and]

      (h) One justice of the peace or municipal judge [.] ; and

      (i) Any other person appointed by the Attorney General.

Ê Each appointed member serves a term of 2 years. Members may be reappointed for additional terms of 2 years. At least two members of the Committee must be residents of a county whose population is less than 100,000.

 

 

 

 


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ê2017 Statutes of Nevada, Page 2446 (Chapter 382, SB 25)ê

 

      2.  The Committee shall:

      (a) [Adopt regulations for the evaluation, certification and monitoring of programs for the treatment of persons who commit domestic violence;] Increase awareness of the existence and unacceptability of domestic violence in this State;

      (b) Review [, monitor and certify] programs for the treatment of persons who commit domestic violence [;] and make recommendations to the Division of Public and Behavioral Health of the Department of Health and Human Services for the certification of such programs pursuant to section 22.5 of this act;

      (c) Review and evaluate existing programs provided to peace officers for training related to domestic violence and make recommendations to the Peace Officers’ Standards and Training Commission regarding such training;

      (d) To the extent that money is available, [arrange] provide financial support to programs for the [provision] prevention of [legal services, including, without limitation, assisting a person] domestic violence in [an action for divorce; and] this State;

      (e) Study and review all appropriate issues related to the administration of the criminal justice system in rural Nevada with respect to offenses involving domestic violence, including, without limitation, the availability of counseling services; and

      (f) Submit on or before March 1 of each odd-numbered year a report to the Director of the Legislative Counsel Bureau for distribution to the regular session of the Legislature. In preparing the report, the Committee shall solicit comments and recommendations from district judges, municipal judges and justices of the peace in rural Nevada. The report must include, without limitation [, a] :

             (1) A summary of the work of the Committee and recommendations for any necessary legislation concerning domestic violence [.] ; and

             (2) All comments and recommendations received by the Committee.

      3.  [The regulations governing certification of programs for the treatment of persons who commit domestic violence adopted pursuant to paragraph (a) of subsection 2 must include, without limitation, provisions allowing a program that is located in another state to become certified in this State to provide treatment to persons who:

      (a) Reside in this State; and

      (b) Are ordered by a court in this State to participate in a program for the treatment of persons who commit domestic violence.

      4.]  The Attorney General or the designee of the Attorney General is the Chair of the Committee . [shall, at its first meeting and annually thereafter, elect a Chair from among its members.

      5.] 4. The Committee shall annually elect a Vice Chair, Secretary and Treasurer from among its members.

      5.  The Committee shall meet regularly at least [semiannually] three times in each calendar year and may meet at other times upon the call of the Chair. Any [five] six members of the Committee constitute a quorum for the purpose of voting. A majority vote of the quorum is required to take action with respect to any matter.

      6.  At least one meeting in each calendar year must be held at a location within the Fourth Judicial District, Fifth Judicial District, Sixth Judicial District, Seventh Judicial District or Eleventh Judicial District.

      7.  The Attorney General shall provide the Committee with such staff as is necessary to carry out the duties of the Committee.

 


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ê2017 Statutes of Nevada, Page 2447 (Chapter 382, SB 25)ê

 

      [7.]8.  While engaged in the business of the Committee, each member and employee of the Committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 6. NRS 228.490 is hereby amended to read as follows:

      228.490  [1.  For the purpose of preventing and eliminating domestic violence in this State, the Council shall:

      (a) Increase awareness of the existence and unacceptability of domestic violence in this State;

      (b) Make recommendations for any necessary legislation relating to domestic violence to the Office of the Attorney General; and

      (c) Provide financial support to programs for the prevention of domestic violence in this State.

      2.  The Council shall:

      (a) Study and review all appropriate issues related to the administration of the criminal justice system in rural Nevada with respect to offenses involving domestic violence, including, without limitation, the availability of counseling services; and

      (b) With the assistance of the Court Administrator, based upon the study and review conducted pursuant to paragraph (a), prepare and submit a report of its findings and recommendations to the Director of the Legislative Counsel Bureau, on or before February 1 of each odd-numbered year, for transmittal to the next regular session of the Legislature. In preparing the report, the Council shall solicit comments and recommendations from district judges, municipal judges and justices of the peace in rural Nevada and include in its report, as a separate section, all comments and recommendations that are received by the Council.

      3.]  The [Council] Committee may apply for and accept gifts, grants, donations and contributions from any source for the purpose of carrying out its duties pursuant to [this section.] NRS 228.470. Any money that the [Council] Committee receives pursuant to this [subsection] section must be deposited in and accounted for separately in the Account for Programs Related to Domestic Violence created pursuant to NRS 228.460 for use by the [Council] Committee in carrying out its duties.

      Sec. 7. NRS 228.495 is hereby amended to read as follows:

      228.495  1.  The [Attorney General] Committee may [organize or sponsor one or more multidisciplinary teams to] review the death of the victim of a crime that constitutes domestic violence pursuant to NRS 33.018 if a court or an agency of a local government does not organize or sponsor a multidisciplinary team pursuant to NRS 217.475 or if the court or agency requests the assistance of the [Attorney General.] Committee. In addition to the review of a particular case, [a multidisciplinary team organized or sponsored by] the [Attorney General pursuant to this section] Committee shall:

      (a) Examine the trends and patterns of deaths of victims of crimes that constitute domestic violence in this State;

      (b) Determine the number and type of incidents the [team] Committee wishes to review;

      (c) Make policy and other recommendations for the prevention of deaths from crimes that constitute domestic violence;

      (d) Engage in activities to educate the public, providers of services to victims of domestic violence and policymakers concerning deaths from crimes that constitute domestic violence and strategies for intervention and prevention of such crimes; and

 


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ê2017 Statutes of Nevada, Page 2448 (Chapter 382, SB 25)ê

 

      (e) Recommend policies, practices and services to encourage collaboration and reduce the number of deaths from crimes that constitute domestic violence.

      2.  [A multidisciplinary team organized or sponsored pursuant to this section may include, without limitation, the following members:

      (a) A representative of the Attorney General;

      (b) A representative of any law enforcement agency that is involved with a case under review;

      (c) A representative of the district attorney’s office in the county where a case is under review;

      (d) A representative of the coroner’s office in the county where a case is under review;

      (e) A representative of any agency which provides social services that is involved in a case under review;

      (f) A person appointed pursuant to subsection 3; and

      (g) Any other person that the Attorney General determines is appropriate.

      3.  An organization that is concerned with domestic violence may apply to the Attorney General or his or her designee for authorization to appoint a member to a multidisciplinary team organized or sponsored pursuant to this section. Such an application must be made in the form and manner prescribed by the Attorney General and is subject to the approval of the Attorney General or his or her designee.

      4.  Each organization represented on a multidisciplinary team organized or sponsored pursuant to this section may share with other members of the team information in its possession concerning a victim who is the subject of a review or any person who was in contact with the victim and any other information deemed by the organization to be pertinent to the review. Any information shared by an organization with other members of a team is confidential.

      5.  The organizing or sponsoring of a multidisciplinary team] The review of the death of a victim pursuant to this section does not grant the Attorney General or the Committee supervisory authority over, or restrict or impair the statutory authority of, any state or local governmental agency responsible for the investigation or prosecution of the death of a victim of a crime that constitutes domestic violence pursuant to NRS 33.018.

      [6.]3.  Before [organizing or sponsoring a multidisciplinary team] reviewing the death of a victim pursuant to this section, the [Attorney General] Committee shall adopt a written protocol describing the objectives and structure of the [team.] review.

      [7.  A multidisciplinary team organized or sponsored pursuant to this section]

      4.  The Committee may request any person, agency or organization that is in possession of information or records concerning a victim who is the subject of a review or any person who was in contact with the victim to provide the [team] Committee with any information or records that are relevant to the review. Any information or records provided to [a team] the Committee pursuant to this subsection are confidential.

      [8.  A multidisciplinary team organized or sponsored pursuant to this section]

      5.  The Committee may, if appropriate, meet with any person, agency or organization that the [team] Committee believes may have information relevant to a review conducted by the [team,] Committee, including, without limitation, a multidisciplinary team:

 


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      (a) To review the death of the victim of a crime that constitutes domestic violence organized or sponsored pursuant to NRS 217.475;

      (b) To review any allegations of abuse, neglect, exploitation, isolation or abandonment of an older person or the death of an older person that is alleged to be from abuse, neglect, isolation or abandonment organized pursuant to NRS 228.270;

      (c) To review the death of a child organized pursuant to NRS 432B.405; or

      (d) To oversee the review of the death of a child organized pursuant to NRS 432B.4075.

      [9.]6.  Except as otherwise provided in subsection [10,] 7, each member of [a multidisciplinary team organized or sponsored pursuant to this section] the Committee is immune from civil or criminal liability for an activity related to the review of the death of a victim [.] conducted pursuant to this section.

      [10.]7.  Each member of [a multidisciplinary team organized or sponsored pursuant to this section] the Committee who discloses any confidential information concerning the death of a child is personally liable for a civil penalty of not more than $500.

      [11.]8.  The Attorney General:

      (a) May bring an action to recover a civil penalty imposed pursuant to subsection [10] 7 against a member of [a multidisciplinary team organized or sponsored pursuant to this section;] the Committee; and

      (b) Shall deposit any money received from the civil penalty with the State Treasurer for credit to the State General Fund.

      [12.]9.  The results of a review of the death of a victim conducted pursuant to this section are not admissible in any civil action or proceeding.

      [13.  A multidisciplinary team organized or sponsored pursuant to this section]

      10.  The Committee shall submit a report of its activities pursuant to this section to the Attorney General. The report must include, without limitation, the findings and recommendations of the [team.] Committee. The report must not include information that identifies any person involved in a particular case under review. The Attorney General shall make the report available to the public.

      11.  Any meeting of the Committee held to review the death of a victim pursuant to this section, or any portion of a meeting of the Committee during which the Committee reviews such a death, is not subject to the provisions of chapter 241 of NRS.

      Sec. 8. NRS 228.497 is hereby amended to read as follows:

      228.497  In carrying out its duties pursuant to NRS 228.495, [a multidisciplinary team to review] the [death of the victim of a crime that constitutes domestic violence pursuant to NRS 33.018] Committee may have access to:

      1.  The information that is contained in the Central Repository for Nevada Records of Criminal History pursuant to NRS 179A.075.

      2.  The records of criminal history maintained by an agency of criminal justice pursuant to NRS 179A.100.

      Sec. 9. NRS 4.373 is hereby amended to read as follows:

      4.373  1.  Except as otherwise provided in subsection 2, 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:

 


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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 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;] section 22.5 of this act; 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.  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.  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. 10. NRS 5.055 is hereby amended to read as follows:

      5.055  1.  Except as otherwise provided in subsection 2, 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:

      (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;

 


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      (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;] section 22.5 of this act; 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.  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.

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

      Sec. 11. NRS 179A.075 is hereby amended to read as follows:

      179A.075  1.  The Central Repository for Nevada Records of Criminal History is hereby created within the General Services Division of the Department.

      2.  Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

      (a) Collect and maintain records, reports and compilations of statistical data required by the Department; and

      (b) Submit the information collected to the Central Repository in the manner approved by the Director of the Department.

      3.  Each agency of criminal justice shall submit the information relating to records of criminal history that it creates, issues or collects, and any information in its possession relating to the DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913, to the Division. The information must be submitted to the Division:

      (a) Through an electronic network;

      (b) On a medium of magnetic storage; or

      (c) In the manner prescribed by the Director of the Department,

Ê within 60 days after the date of the disposition of the case. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division.

 


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determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division. The Division shall delete all references in the Central Repository relating to that particular arrest.

      4.  The Division shall, in the manner prescribed by the Director of the Department:

      (a) Collect, maintain and arrange all information submitted to it relating to:

             (1) Records of criminal history; and

             (2) The DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913.

      (b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him or her.

      (c) Upon request, provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department.

      (d) Upon request, provide, in paper or electronic form, the information that is contained in the Central Repository to [a multidisciplinary team to review] the Committee on Domestic Violence appointed pursuant to NRS 228.470 when, pursuant to NRS 228.495, the Committee is reviewing the death of the victim of a crime that constitutes domestic violence [organized or sponsored by the Attorney General] pursuant to NRS [228.495.] 33.018.

      5.  The Division may:

      (a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;

      (b) Enter into cooperative agreements with repositories of the United States and other states to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and

      (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints or other biometric identifier the Central Repository submits to the Federal Bureau of Investigation and:

             (1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

             (2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;

             (3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers’ Standards and Training Commission;

             (4) For whom such information is required or authorized to be obtained pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.123 and 449.4329; or

             (5) About whom any agency of the State of Nevada or any political subdivision thereof is authorized by law to have accurate personal information for the protection of the agency or the persons within its jurisdiction.

      6.  To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to subsection 5, the Central Repository must receive:

 


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      (a) The person’s complete set of fingerprints for the purposes of:

             (1) Booking the person into a city or county jail or detention facility;

             (2) Employment;

             (3) Contractual services; or

             (4) Services related to occupational licensing;

      (b) One or more of the person’s fingerprints for the purposes of mobile identification by an agency of criminal justice; or

      (c) Any other biometric identifier of the person as it may require for the purposes of:

             (1) Arrest; or

             (2) Criminal investigation,

Ê from the agency of criminal justice or agency of the State of Nevada or any political subdivision thereof and submit the received data to the Federal Bureau of Investigation for its report.

      7.  The Central Repository shall:

      (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

      (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

      (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.

      (d) Investigate the criminal history of any person who:

             (1) Has applied to the Superintendent of Public Instruction for the issuance or renewal of a license;

             (2) Has applied to a county school district, charter school or private school for employment; or

             (3) Is employed by a county school district, charter school or private school,

Ê and notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

      (e) Upon discovery, notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:

             (1) Investigated pursuant to paragraph (d); or

             (2) Employed by a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,

Ê who the Central Repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the Central Repository’s initial investigation. The superintendent of each county school district, the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district, charter school or private school, as applicable, is appropriate.

 


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      (f) Investigate the criminal history of each person who submits one or more fingerprints or other biometric identifier or has such data submitted pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.122, 449.123 or 449.4329.

      (g) On or before July 1 of each year, prepare and post on the Central Repository’s Internet website an annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be posted to the Central Repository’s Internet website throughout the year regarding specific areas of crime if they are approved by the Director of the Department.

      (h) On or before July 1 of each year, prepare and post on the Central Repository’s Internet website a report containing statistical data about domestic violence in this State.

      (i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2 and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

      (j) Adopt regulations governing biometric identifiers and the information and data derived from biometric identifiers, including, without limitation:

             (1) Their collection, use, safeguarding, handling, retention, storage, dissemination and destruction; and

             (2) The methods by which a person may request the removal of his or her biometric identifiers from the Central Repository and any other agency where his or her biometric identifiers have been stored.

      8.  The Central Repository may:

      (a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.

      (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.

      (c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.

      9.  As used in this section:

      (a) “Biometric identifier” means a fingerprint, palm print, scar, bodily mark, tattoo, voiceprint, facial image, retina image or iris image of a person.

      (b) “Mobile identification” means the collection, storage, transmission, reception, search, access or processing of a biometric identifier using a handheld device.

      (c) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:

             (1) The name, driver’s license number, social security number, date of birth and photograph or computer-generated image of a person; and

 


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             (2) A biometric identifier of a person.

      (d) “Private school” has the meaning ascribed to it in NRS 394.103.

      Sec. 12. NRS 179A.100 is hereby amended to read as follows:

      179A.100  1.  The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:

      (a) Any which reflect records of conviction only; and

      (b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.

      2.  Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:

      (a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.

      (b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.

      (c) Reported to the Central Repository.

      3.  An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which are the result of a name-based inquiry and which:

      (a) Reflect convictions only; or

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

      4.  In addition to any other information to which an employer is entitled or authorized to receive from a name-based inquiry, the Central Repository shall disseminate to a prospective or current employer, or a person or entity designated to receive the information on behalf of such an employer, the information contained in a record of registration concerning an employee, prospective employee, volunteer or prospective volunteer who is a sex offender or an offender convicted of a crime against a child, regardless of whether the employee, prospective employee, volunteer or prospective volunteer gives written consent to the release of that information. The Central Repository shall disseminate such information in a manner that does not reveal the name of an individual victim of an offense or the information described in subsection 7 of NRS 179B.250. A request for information pursuant to this subsection must conform to the requirements of the Central Repository and must include:

      (a) The name and address of the employer, and the name and signature of the person or entity requesting the information on behalf of the employer;

      (b) The name and address of the employer’s facility in which the employee, prospective employee, volunteer or prospective volunteer is employed or volunteers or is seeking to become employed or volunteer; and

      (c) The name and other identifying information of the employee, prospective employee, volunteer or prospective volunteer.

      5.  In addition to any other information to which an employer is entitled or authorized to receive, the Central Repository shall disseminate to a prospective or current employer, or a person or entity designated to receive the information on behalf of such an employer, the information described in subsection 4 of NRS 179A.190 concerning an employee, prospective employee, volunteer or prospective volunteer who gives written consent to the release of that information if the employer submits a request in the manner set forth in NRS 179A.200 for obtaining a notice of information.

 


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the release of that information if the employer submits a request in the manner set forth in NRS 179A.200 for obtaining a notice of information. The Central Repository shall search for and disseminate such information in the manner set forth in NRS 179A.210 for the dissemination of a notice of information.

      6.  Except as otherwise provided in subsection 5, the provisions of NRS 179A.180 to 179A.240, inclusive, do not apply to an employer who requests information and to whom such information is disseminated pursuant to subsections 4 and 5.

      7.  Records of criminal history must be disseminated by an agency of criminal justice, upon request, to the following persons or governmental entities:

      (a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.

      (b) The person who is the subject of the record of criminal history when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.

      (c) The Nevada Gaming Control Board.

      (d) The State Board of Nursing.

      (e) The Private Investigator’s Licensing Board to investigate an applicant for a license.

      (f) A public administrator to carry out the duties as prescribed in chapter 253 of NRS.

      (g) A public guardian to investigate a ward or proposed ward or persons who may have knowledge of assets belonging to a ward or proposed ward.

      (h) Any agency of criminal justice of the United States or of another state or the District of Columbia.

      (i) Any public utility subject to the jurisdiction of the Public Utilities Commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee or to protect the public health, safety or welfare.

      (j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.

      (k) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.

      (l) Any reporter for the electronic or printed media in a professional capacity for communication to the public.

      (m) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.

      (n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.

      (o) An agency which provides child welfare services, as defined in NRS 432B.030.

      (p) The Division of Welfare and Supportive Services of the Department of Health and Human Services or its designated representative, as needed to ensure the safety of investigators and caseworkers.

 


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      (q) The Aging and Disability Services Division of the Department of Health and Human Services or its designated representative, as needed to ensure the safety of investigators and caseworkers.

      (r) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of Subchapter IV of Chapter 7 of Title 42 of the Social Security Act, 42 U.S.C. §§ 651 et seq.

      (s) The State Disaster Identification Team of the Division of Emergency Management of the Department.

      (t) The Commissioner of Insurance.

      (u) The Board of Medical Examiners.

      (v) The State Board of Osteopathic Medicine.

      (w) The Board of Massage Therapists and its Executive Director.

      (x) The Board of Examiners for Social Workers.

      (y) [A multidisciplinary team to review] The Committee on Domestic Violence appointed pursuant to NRS 228.470 when, pursuant to NRS 228.495, the Committee is reviewing the death of the victim of a crime that constitutes domestic violence [organized or sponsored by the Attorney General] pursuant to NRS [228.495.] 33.018.

      8.  Agencies of criminal justice in this State which receive information from sources outside this State concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.

      Sec. 13. NRS 200.485 is hereby amended to read as follows:

      200.485  1.  Unless a greater penalty is provided pursuant to subsection 2 or NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018:

      (a) For the first offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:

             (1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and

             (2) Perform not less than 48 hours, but not more than 120 hours, of community service.

Ê The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.

      (b) For the second offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:

             (1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and

             (2) Perform not less than 100 hours, but not more than 200 hours, of community service.

Ê The person shall be further punished by a fine of not less than $500, but not more than $1,000.

      (c) For the third and any subsequent offense within 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      2.  Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed by strangulation as described in NRS 200.481, is guilty of a category C felony and shall be punished as provided in NRS 193.130 and by a fine of not more than $15,000.

 


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NRS 200.481, is guilty of a category C felony and shall be punished as provided in NRS 193.130 and by a fine of not more than $15,000.

      3.  In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:

      (a) For the first offense within 7 years, require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to [NRS 228.470.] section 22.5 of this act.

      (b) For the second offense within 7 years, require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to [NRS 228.470.] section 22.5 of this act.

Ê If the person resides in this State but the nearest location at which counseling services are available is in another state, the court may allow the person to participate in counseling in the other state in a program for the treatment of persons who commit domestic violence that has been certified pursuant to [NRS 228.470.] section 22.5 of this act.

      4.  An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

      5.  In addition to any other fine or penalty, the court shall order such a person to pay an administrative assessment of $35. Any money so collected must be paid by the clerk of the court to the State Controller on or before the fifth day of each month for the preceding month for credit to the Account for Programs Related to Domestic Violence established pursuant to NRS 228.460.

      6.  In addition to any other penalty, the court may require such a person to participate, at his or her expense, in a program of treatment for the abuse of alcohol or drugs that has been certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.

      7.  If it appears from information presented to the court that a child under the age of 18 years may need counseling as a result of the commission of a battery which constitutes domestic violence pursuant to NRS 33.018, the court may refer the child to an agency which provides child welfare services. If the court refers a child to an agency which provides child welfare services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of the convicted person’s ability to pay.

      8.  If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial.

 


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by probable cause or cannot be proved at the time of trial. A court shall not grant probation to and, except as otherwise provided in NRS 4.373 and 5.055, a court shall not suspend the sentence of such a person.

      9.  As used in this section:

      (a) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      (b) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

      (c) “Offense” includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.

      Sec. 14. NRS 217.462 is hereby amended to read as follows:

      217.462  1.  An adult person, a parent or guardian acting on behalf of a child, or a guardian acting on behalf of an incompetent person may apply to the [Attorney General] Division to have a fictitious address designated by the [Attorney General] Division serve as the address of the adult, child or incompetent person.

      2.  An application for the issuance of a fictitious address must include:

      (a) Specific evidence showing that the adult, child or incompetent person has been a victim of domestic violence, human trafficking, sexual assault or stalking before the filing of the application;

      (b) The address that is requested to be kept confidential;

      (c) A telephone number at which the [Attorney General] Division may contact the applicant;

      (d) A question asking whether the person wishes to:

             (1) Register to vote; or

             (2) Change the address of his or her current registration;

      (e) A designation of the [Attorney General] Division as agent for the adult, child or incompetent person for the purposes of:

             (1) Service of process; and

             (2) Receipt of mail;

      (f) The signature of the applicant;

      (g) The date on which the applicant signed the application; and

      (h) Any other information required by the [Attorney General.] Division.

      3.  It is unlawful for a person knowingly to attest falsely or provide incorrect information in the application. A person who violates this subsection is guilty of a misdemeanor.

      4.  The [Attorney General] Division shall approve an application if it is accompanied by specific evidence, such as a copy of an applicable record of conviction, a temporary restraining order or other protective order, that the adult, child or incompetent person has been a victim of domestic violence, human trafficking, sexual assault or stalking before the filing of the application.

      5.  The [Attorney General] Division shall approve or disapprove an application for a fictitious address within 5 business days after the application is filed.

      Sec. 15. NRS 217.464 is hereby amended to read as follows:

      217.464  1.  If the [Attorney General] Division approves an application, the [Attorney General] Division shall:

      (a) Designate a fictitious address for the participant; and

      (b) Forward mail that the [Attorney General] Division receives for a participant to the participant.

 


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      2.  The [Attorney General] Division shall not make any records containing the name, confidential address or fictitious address of a participant available for inspection or copying, unless:

      (a) The address is requested by a law enforcement agency, in which case the [Attorney General] Division shall make the address available to the law enforcement agency; or

      (b) The [Attorney General] Division is directed to do so by lawful order of a court of competent jurisdiction, in which case the [Attorney General] Division shall make the address available to the person identified in the order.

      3.  If a pupil is attending or wishes to attend a public school that is located outside the zone of attendance as authorized by paragraph (c) of subsection 2 of NRS 388.040 or a public school that is located in a school district other than the school district in which the pupil resides as authorized by NRS 392.016, the [Attorney General] Division shall, upon request of the public school that the pupil is attending or wishes to attend, inform the public school of whether the pupil is a participant and whether the parent or legal guardian with whom the pupil resides is a participant. The [Attorney General] Division shall not provide any other information concerning the pupil or the parent or legal guardian of the pupil to the public school.

      Sec. 16. NRS 217.466 is hereby amended to read as follows:

      217.466  If a participant indicates to the [Attorney General] Division that the participant wishes to register to vote or change the address of his or her current registration, the [Attorney General] Division shall furnish the participant with the form developed by the Secretary of State pursuant to the provisions of NRS 293.5002.

      Sec. 17. NRS 217.468 is hereby amended to read as follows:

      217.468  1.  Except as otherwise provided in subsections 2 and 3, the [Attorney General] Division shall cancel the fictitious address of a participant 4 years after the date on which the [Attorney General] Division approved the application.

      2.  The [Attorney General] Division shall not cancel the fictitious address of a participant if, before the fictitious address of the participant is cancelled, the participant shows to the satisfaction of the [Attorney General] Division that the participant remains in imminent danger of becoming a victim of domestic violence, human trafficking, sexual assault or stalking.

      3.  The [Attorney General] Division may cancel the fictitious address of a participant at any time if:

      (a) The participant changes his or her confidential address from the one listed in the application and fails to notify the [Attorney General] Division within 48 hours after the change of address;

      (b) The [Attorney General] Division determines that false or incorrect information was knowingly provided in the application; or

      (c) The participant files a declaration or acceptance of candidacy pursuant to NRS 293.177 or 293C.185.

      Sec. 18. NRS 217.471 is hereby amended to read as follows:

      217.471  The [Attorney General] Division shall adopt procedures to carry out the provisions of NRS 217.462 to 217.471, inclusive.

      Sec. 19. NRS 217.475 is hereby amended to read as follows:

      217.475  1.  A court or an agency of a local government may organize or sponsor one or more multidisciplinary teams to review the death of the victim of a crime that constitutes domestic violence pursuant to NRS 33.018.

 


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      2.  If a multidisciplinary team is organized or sponsored pursuant to subsection 1, the court or agency shall review the death of a victim upon receiving a written request from a person related to the victim within the third degree of consanguinity, if the request is received by the court or agency within 1 year after the date of death of the victim.

      3.  Members of a team that is organized or sponsored pursuant to subsection 1 serve at the pleasure of the court or agency that organizes or sponsors the team and must include, without limitation, representatives of organizations concerned with law enforcement, issues related to physical or mental health, or the prevention of domestic violence and assistance to victims of domestic violence.

      4.  Each organization represented on such a team may share with other members of the team information in its possession concerning the victim who is the subject of the review or any person who was in contact with the victim and any other information deemed by the organization to be pertinent to the review. Any information shared by an organization with other members of a team is confidential.

      5.  A team organized or sponsored pursuant to this section may, upon request, provide a report concerning its review to a person related to the victim within the third degree of consanguinity.

      6.  Before establishing a team to review the death of a victim pursuant to this section, a court or an agency shall adopt a written protocol describing its objectives and the structure of the team.

      7.  A team organized or sponsored pursuant to this section may request any person, agency or organization that is in possession of information or records concerning the victim who is the subject of the review or any person who was in contact with the victim to provide the team with any information or records that are relevant to the team’s review. Any information or records provided to a team pursuant to this subsection are confidential.

      8.  A team organized or sponsored pursuant to this section may, if appropriate, meet with any person, agency or organization that the team believes may have information relevant to the review conducted by the team, including, without limitation : [, a multidisciplinary team:]

      (a) [To review the death of the victim of a crime that constitutes domestic violence organized or sponsored pursuant to NRS 228.495;

      (b) To] A multidisciplinary team to review the death of a child organized pursuant to NRS 432B.405; [or

      (c) To]

      (b) A multidisciplinary team to oversee the review of the death of a child organized pursuant to NRS 432B.4075 [.] ; or

      (c) The Committee on Domestic Violence appointed pursuant to NRS 228.470.

      9.  Except as otherwise provided in subsection 10, each member of a team organized or sponsored pursuant to this section is immune from civil or criminal liability for an activity related to the review of the death of a victim.

      10.  Each member of a team organized or sponsored pursuant to this section who discloses any confidential information concerning the death of a child is personally liable for a civil penalty of not more than $500.

      11.  The Attorney General:

      (a) May bring an action to recover a civil penalty imposed pursuant to subsection 10 against a member of a team organized or sponsored pursuant to this section; and

 


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      (b) Shall deposit any money received from the civil penalty with the State Treasurer for credit to the State General Fund.

      12.  The results of the review of the death of a victim pursuant to this section are not admissible in any civil action or proceeding.

      Sec. 20. NRS 241.016 is hereby amended to read as follows:

      241.016  1.  The meetings of a public body that are quasi-judicial in nature are subject to the provisions of this chapter.

      2.  The following are exempt from the requirements of this chapter:

      (a) The Legislature of the State of Nevada.

      (b) Judicial proceedings, including, without limitation, proceedings before the Commission on Judicial Selection and, except as otherwise provided in NRS 1.4687, the Commission on Judicial Discipline.

      (c) Meetings of the State Board of Parole Commissioners when acting to grant, deny, continue or revoke the parole of a prisoner or to establish or modify the terms of the parole of a prisoner.

      3.  Any provision of law, including, without limitation, NRS 91.270, 219A.210, 228.495, 239C.140, 281A.350, 281A.440, 281A.550, 284.3629, 286.150, 287.0415, 288.220, 289.387, 295.121, 360.247, 388.261, 388A.495, 388C.150, 392.147, 392.467, 394.1699, 396.3295, 433.534, 435.610, 463.110, 622.320, 622.340, 630.311, 630.336, 639.050, 642.518, 642.557, 686B.170, 696B.550, 703.196 and 706.1725, which:

      (a) Provides that any meeting, hearing or other proceeding is not subject to the provisions of this chapter; or

      (b) Otherwise authorizes or requires a closed meeting, hearing or proceeding,

Ê prevails over the general provisions of this chapter.

      4.  The exceptions provided to this chapter, and electronic communication, must not be used to circumvent the spirit or letter of this chapter to deliberate or act, outside of an open and public meeting, upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.

      Sec. 21. NRS 432B.290 is hereby amended to read as follows:

      432B.290  1.  Information maintained by an agency which provides child welfare services must be maintained by the agency which provides child welfare services as required by federal law as a condition of the allocation of federal money to this State.

      2.  Except as otherwise provided in this section and NRS 432B.165, 432B.175 and 432B.513, information maintained by an agency which provides child welfare services may, at the discretion of the agency which provides child welfare services, be made available only to:

      (a) A physician, if the physician has before him or her a child who the physician has reasonable cause to believe has been abused or neglected;

      (b) A person authorized to place a child in protective custody, if the person has before him or her a child who the person has reasonable cause to believe has been abused or neglected and the person requires the information to determine whether to place the child in protective custody;

      (c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:

             (1) The child; or

             (2) The person responsible for the welfare of the child;

 


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      (d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of the abuse or neglect of a child;

      (e) Except as otherwise provided in paragraph (f), a court other than a juvenile court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;

      (f) A court as defined in NRS 159.015 to determine whether a guardian or successor guardian of a child should be appointed pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive;

      (g) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to the person;

      (h) The attorney and the guardian ad litem of the child, if the information is reasonably necessary to promote the safety, permanency and well-being of the child;

      (i) A person who files or intends to file a petition for the appointment of a guardian or successor guardian of a child pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child;

      (j) The proposed guardian or proposed successor guardian of a child over whom a guardianship is sought pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child;

      (k) A grand jury upon its determination that access to these records and the information is necessary in the conduct of its official business;

      (l) A federal, state or local governmental entity, or an agency of such an entity, or a juvenile court, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect;

      (m) A person or an organization that has entered into a written agreement with an agency which provides child welfare services to provide assessments or services and that has been trained to make such assessments or provide such services;

      (n) A team organized pursuant to NRS 432B.350 for the protection of a child;

      (o) A team organized pursuant to NRS 432B.405 to review the death of a child;

      (p) A parent or legal guardian of the child and an attorney of a parent or guardian of the child, including, without limitation, the parent or guardian of a child over whom a guardianship is sought pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child and is limited to information concerning that parent or guardian;

      (q) The child over whom a guardianship is sought pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if:

 


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             (1) The child is 14 years of age or older; and

             (2) The identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child;

      (r) The persons or agent of the persons who are the subject of a report, if the information is reasonably necessary to promote the safety, permanency and well-being of the child and is limited to information concerning those persons;

      (s) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;

      (t) Upon written consent of the parent, any officer of this State or a city or county thereof or Legislator authorized by the agency or department having jurisdiction or by the Legislature, acting within its jurisdiction, to investigate the activities or programs of an agency which provides child welfare services if:

             (1) The identity of the person making the report is kept confidential; and

             (2) The officer, Legislator or a member of the family of the officer or Legislator is not the person alleged to have committed the abuse or neglect;

      (u) The Division of Parole and Probation of the Department of Public Safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court or pursuant to NRS 176.151 in making a general investigation and report;

      (v) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides child welfare services or to a law enforcement agency;

      (w) A local advisory board to expedite proceedings for the placement of children created pursuant to NRS 432B.604;

      (x) The panel established pursuant to NRS 432B.396 to evaluate agencies which provide child welfare services;

      (y) An employer in accordance with subsection 3 of NRS 432.100;

      (z) A team organized or sponsored pursuant to NRS 217.475 [or 228.495] to review the death of the victim of a crime that constitutes domestic violence; [or]

      (aa) The Committee on Domestic Violence appointed pursuant to NRS 228.470; or

      (bb) The Committee to Review Suicide Fatalities created by NRS 439.5104.

      3.  An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:

      (a) A copy of:

             (1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

             (2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

 


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      (b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect or any collateral sources and reporting parties.

      4.  Except as otherwise provided by subsection 6, before releasing any information maintained by an agency which provides child welfare services pursuant to this section, an agency which provides child welfare services shall take whatever precautions it determines are reasonably necessary to protect the identity and safety of any person who reports child abuse or neglect and to protect any other person if the agency which provides child welfare services reasonably believes that disclosure of the information would cause a specific and material harm to an investigation of the alleged abuse or neglect of a child or the life or safety of any person.

      5.  The provisions of this section must not be construed to require an agency which provides child welfare services to disclose information maintained by the agency which provides child welfare services if, after consultation with the attorney who represents the agency, the agency determines that such disclosure would cause a specific and material harm to a criminal investigation.

      6.  A person who is the subject of an unsubstantiated report of child abuse or neglect made pursuant to this chapter and who believes that the report was made in bad faith or with malicious intent may petition a district court to order the agency which provides child welfare services to release information maintained by the agency which provides child welfare services. The petition must specifically set forth the reasons supporting the belief that the report was made in bad faith or with malicious intent. The petitioner shall provide notice to the agency which provides child welfare services so that the agency may participate in the action through its counsel. The district court shall review the information which the petitioner requests to be released and the petitioner shall be allowed to present evidence in support of the petition. If the court determines that there is a reasonable question of fact as to whether the report was made in bad faith or with malicious intent and that the disclosure of the identity of the person who made the report would not be likely to endanger the life or safety of the person who made the report, the court shall provide a copy of the information to the petitioner and the original information is subject to discovery in a subsequent civil action regarding the making of the report.

      7.  If an agency which provides child welfare services receives any information that is deemed confidential by law, the agency which provides child welfare services shall maintain the confidentiality of the information as prescribed by applicable law.

      8.  Pursuant to this section, a person may authorize the release of information maintained by an agency which provides child welfare services about himself or herself, but may not waive the confidentiality of such information concerning any other person.

      9.  An agency which provides child welfare services may provide a summary of the outcome of an investigation of the alleged abuse or neglect of a child to the person who reported the suspected abuse or neglect.

      10.  Except as otherwise provided in this subsection, any person who is provided with information maintained by an agency which provides child welfare services and who further disseminates the information or makes the information public is guilty of a gross misdemeanor. This subsection does not apply to:

 


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      (a) A district attorney or other law enforcement officer who uses the information solely for the purpose of initiating legal proceedings;

      (b) An employee of the Division of Parole and Probation of the Department of Public Safety making a presentence investigation and report to the district court pursuant to NRS 176.135 or making a general investigation and report pursuant to NRS 176.151; or

      (c) An employee of a juvenile justice agency who provides the information to the juvenile court.

      11.  An agency which provides child welfare services may charge a fee for processing costs reasonably necessary to prepare information maintained by the agency which provides child welfare services for release pursuant to this section.

      12.  An agency which provides child welfare services shall adopt rules, policies or regulations to carry out the provisions of this section.

      13.  As used in this section, “juvenile justice agency” means the Youth Parole Bureau or a director of juvenile services.

      Sec. 22. NRS 432B.407 is hereby amended to read as follows:

      432B.407  1.  A multidisciplinary team to review the death of a child is entitled to access to:

      (a) All investigative information of law enforcement agencies regarding the death;

      (b) Any autopsy and coroner’s investigative records relating to the death;

      (c) Any medical or mental health records of the child; and

      (d) Any records of social and rehabilitative services or of any other social service agency which has provided services to the child or the child’s family.

      2.  Each organization represented on a multidisciplinary team to review the death of a child shall share with other members of the team information in its possession concerning the child who is the subject of the review, any siblings of the child, any person who was responsible for the welfare of the child and any other information deemed by the organization to be pertinent to the review.

      3.  A multidisciplinary team to review the death of a child may, if appropriate, meet and share information with [a] :

      (a) A multidisciplinary team to review the death of the victim of a crime that constitutes domestic violence organized or sponsored pursuant to NRS 217.475 ; or [228.495.]

      (b) The Committee on Domestic Violence appointed pursuant to NRS 228.470.

      4.  A multidisciplinary team to review the death of a child may petition the district court for the issuance of, and the district court may issue, a subpoena to compel the production of any books, records or papers relevant to the cause of any death being investigated by the team. Except as otherwise provided in NRS 239.0115, any books, records or papers received by the team pursuant to the subpoena shall be deemed confidential and privileged and not subject to disclosure.

      5.  A multidisciplinary team to review the death of a child may use data collected concerning the death of a child for the purpose of research or to prevent future deaths of children if the data is aggregated and does not allow for the identification of any person.

      6.  Except as otherwise provided in this section, information acquired by, and the records of, a multidisciplinary team to review the death of a child are confidential, must not be disclosed, and are not subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding.

 


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are confidential, must not be disclosed, and are not subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding.

      Sec. 22.5. Chapter 439 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Division shall evaluate, certify and monitor programs for the treatment of persons who commit domestic violence in accordance with the regulations adopted pursuant to subsection 2.

      2.  The Division shall adopt regulations governing the evaluation, certification and monitoring of programs for the treatment of persons who commit domestic violence.

      3.  The regulations adopted pursuant to subsection 2 must include, without limitation, provisions allowing a program that is located in another state to become certified in this State to provide treatment to persons who:

      (a) Reside in this State; and

      (b) Are ordered by a court in this State to participate in a program for the treatment of persons who commit domestic violence.

      Sec. 23. NRS 439.5106 is hereby amended to read as follows:

      439.5106  1.  The Committee:

      (a) Except as otherwise provided in this paragraph, shall adopt a written protocol setting forth the suicide fatalities in this State which must be reported to the Committee and screened for review by the Committee and the suicide fatalities in this State which the Committee may reject for review. The Committee shall not review any case in which litigation is pending.

      (b) May review any accidental death which the Committee determines may assist in suicide prevention efforts in this State.

      (c) May establish differing levels of review, including, without limitation, a comprehensive or limited review depending upon the nature of the incident or the purpose of the review.

      2.  The Committee shall obtain and use any data or other information to:

      (a) Review suicide fatalities in this State to determine trends, risk factors and strategies for prevention;

      (b) Determine and prepare reports concerning trends and patterns of suicide fatalities in this State;

      (c) Identify and evaluate the prevalence of risk factors for preventable suicide fatalities in this State;

      (d) Evaluate and prepare reports concerning high-risk factors, current practices, lapses in systematic responses and barriers to the safety and well-being of persons who are at risk of suicide in this State; and

      (e) Recommend any improvement in sources of information relating to investigating reported suicide fatalities and preventing suicide in this State.

      3.  In conducting a review of a suicide fatality in this State, the Committee shall, to the greatest extent practicable, consult and cooperate with:

      (a) The Coordinator of the Statewide Program for Suicide Prevention employed pursuant to NRS 439.511;

      (b) Each trainer for suicide prevention employed pursuant to NRS 439.513; [and]

      (c) The Committee on Domestic Violence appointed pursuant to NRS 228.470; and

      (d) A multidisciplinary team:

 


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             (1) To review the death of the victim of a crime that constitutes domestic violence organized or sponsored pursuant to NRS 217.475 ; [or 228.495;]

             (2) To review the death of a child organized pursuant to NRS 432B.405; and

             (3) To oversee the review of the death of a child organized pursuant to NRS 432B.4075.

      4.  Any review conducted by the Committee pursuant to NRS 439.5102 to 439.5108, inclusive, is separate from, independent of and in addition to any investigation or review which is required or authorized by law to be conducted, including, without limitation, any investigation conducted by a coroner or coroner’s deputy pursuant to NRS 259.050.

      5.  To conduct a review pursuant to NRS 439.5102 to 439.5108, inclusive, the Committee may access information, including, without limitation:

      (a) Any investigative information obtained by a law enforcement agency relating to a death;

      (b) Any records from an autopsy or an investigation conducted by a coroner or coroner’s deputy relating to a death;

      (c) Any medical or mental health records of a decedent;

      (d) Any records relating to social or rehabilitative services provided to a decedent; and

      (e) Any records of a social services agency which has provided services to a decedent.

      Sec. 24. NRS 440.170 is hereby amended to read as follows:

      440.170  1.  All certificates in the custody of the State Registrar are open to inspection subject to the provisions of this chapter. It is unlawful for any employee of the State to disclose data contained in vital statistics, except as authorized by this chapter or by the Board.

      2.  Information in vital statistics indicating that a birth occurred out of wedlock must not be disclosed except upon order of a court of competent jurisdiction.

      3.  The Board:

      (a) Shall allow the use of data contained in vital statistics to carry out the provisions of NRS 442.300 to 442.330, inclusive;

      (b) Shall allow the use of certificates of death by a multidisciplinary team:

             (1) To review the death of the victim of a crime that constitutes domestic violence organized or sponsored pursuant to NRS 217.475 ; [or 228.495;] and

             (2) To review the death of a child established pursuant to NRS 432B.405 and 432B.406;

      (c) Shall allow the use of certificates of death by the :

             (1) Committee on Domestic Violence appointed pursuant to NRS 228.470; and

             (2) Committee to Review Suicide Fatalities created by NRS 439.5104; and

      (d) May allow the use of data contained in vital statistics for other research purposes, but without identifying the persons to whom the records relate.

      Sec. 25. (Deleted by amendment.)

 


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ê2017 Statutes of Nevada, Page 2469 (Chapter 382, SB 25)ê

 

      Sec. 26.  1.  Any administrative regulations adopted by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in force until amended by the officer, agency or other entity to which the responsibility for the adoption of regulations is transferred. On and after July 1, 2017, any such regulations must be interpreted in a manner so that all references to an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act are read and interpreted as being references to the officer, agency or other entity to which the responsibility set forth in the regulations is transferred, regardless of whether those references have been conformed pursuant to section 27 of this act at the time of interpretation.

      2.  Any contracts or other agreements entered into by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity are binding upon the officer, agency or other entity to which the responsibility for the administration of the provisions of the contract or other agreement have been transferred. Such contracts and other agreements may be enforced by the officer, agency or other entity to which the responsibility for the enforcement of the provisions of the contract or other agreement have been transferred.

      3.  Any action taken by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in effect as if taken by the officer, agency or other entity to which the responsibility for the enforcement of such actions was transferred.

      Sec. 27.  The Legislative Counsel shall in preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name has been changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

      Sec. 28.  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. 29. NRS 228.480 and 228.485 are hereby repealed.

      Sec. 30.  This act becomes effective on July 1, 2017.

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ê2017 Statutes of Nevada, Page 2470ê

 

CHAPTER 383, SB 65

Senate Bill No. 65–Committee on Commerce, Labor and Energy

 

CHAPTER 383

 

[Approved: June 5, 2017]

 

AN ACT relating to public utilities; requiring the Public Utilities Commission of Nevada to require certain utilities which supply electricity in this State to provide an overview of the utility’s resource plan or any amendment to the resource plan at least 4 months before filing the plan or within a reasonable period before filing the amendment; requiring the Commission to give preference to certain measures and sources of supply when determining the adequacy of a resource plan; requiring the Commission to consider the cost of such measures and sources of supply to the utility’s customers when making such a determination; requiring the Commission to include its justification for the preferences given to such measures and sources of supply in certain orders approving or modifying a resource plan or an amendment to such a plan; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes provisions governing public hearings on the adequacy of a utility’s plan to increase its supply of electricity or decrease the demands made on its system. Existing law also authorizes the Commission, in determining the adequacy of a utility’s plan, to give preference to the measures and sources of supply that meet certain criteria, including providing the greatest economic and environmental benefits to the State and providing the greatest opportunity for the creation of new jobs in this State. (NRS 704.746)

      Section 1 of this bill requires the Public Utilities Commission of Nevada to require a utility which supplies electricity in this State to meet with personnel from the Commission and the Bureau of Consumer Protection in the Office of the Attorney General and any other interested persons at least 4 months before filing a resource plan or within a reasonable period before filing an amendment to an existing plan to provide an overview of the plan or amendment.

      Section 6 of this bill requires the Commission to give preference to those measures and sources of supply that provide the greatest economic and environmental benefits to the State, as well as those that provide for diverse electricity supply portfolios and which reduce customer exposure to price volatility of fossil fuels and the potential costs of carbon. Under section 6, in determining the preference given to such measures and sources of supply, the Commission is required to consider the cost of those measures and sources of supply to the customers of the electric utility. Section 6.5 of this bill requires any order of the Commission accepting or modifying a utility’s plan or an amendment to such plan to include the Commission’s justification for the preferences given to those measures and sources of supply.

 


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ê2017 Statutes of Nevada, Page 2471 (Chapter 383, SB 65)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 704 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Commission shall require each utility which supplies electricity in this State, not less than 4 months before filing a plan required pursuant to NRS 704.741, or within a reasonable period before filing an amendment to such a plan pursuant to NRS 704.751, to meet with personnel from the Commission and the Bureau of Consumer Protection in the Office of the Attorney General and any other interested persons to provide an overview of the anticipated filing or amendment.

      Sec. 2. NRS 704.032 is hereby amended to read as follows:

      704.032  The Office of Economic Development may participate in proceedings before the Public Utilities Commission of Nevada concerning a public utility in the business of supplying electricity or natural gas to advocate the accommodation of the State Plan for Economic Development developed by the Executive Director of the Office pursuant to subsection 2 of NRS 231.053. The Office of Economic Development may intervene as a matter of right in a proceeding pursuant to NRS 704.736 to 704.754, inclusive, and section 1 of this act or 704.991.

      Sec. 3. NRS 704.635 is hereby amended to read as follows:

      704.635  When a complaint has been filed with the Commission alleging that a person is providing a service which requires a certificate of public convenience and necessity, or when the Commission has reason to believe that any provision of NRS 704.005 to 704.754, inclusive, and section 1 of this act or 704.9901 is being violated, the Commission shall investigate the operation and may, after a hearing, issue an order requiring that the person cease and desist from any operation in violation of NRS 704.005 to 704.754, inclusive, and section 1 of this act or 704.9901. The Commission shall enforce the order under the powers vested in the Commission by NRS 704.005 to 704.754, inclusive, and section 1 of this act or 704.9901 or other law.

      Sec. 4. NRS 704.640 is hereby amended to read as follows:

      704.640  Except as otherwise provided in NRS 704.6881 to 704.6884, inclusive, any person who:

      1.  Operates any public utility to which NRS 704.005 to 704.754, inclusive, and section 1 of this act, 704.9901 and 704.993 to 704.999, inclusive, apply without first obtaining a certificate of public convenience and necessity or in violation of its terms;

      2.  Fails to make any return or report required by NRS 704.005 to 704.754, inclusive, and section 1 of this act, 704.9901 and 704.993 to 704.999, inclusive, or by the Commission pursuant to NRS 704.005 to 704.754, inclusive, and section 1 of this act, 704.9901 and 704.993 to 704.999, inclusive;

      3.  Violates, or procures, aids or abets the violating of any provision of NRS 704.005 to 704.754, inclusive, and section 1 of this act, 704.9901 and 704.993 to 704.999, inclusive;

      4.  Fails to obey any order, decision or regulation of the Commission;

 


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ê2017 Statutes of Nevada, Page 2472 (Chapter 383, SB 65)ê

 

      5.  Procures, aids or abets any person in the failure to obey the order, decision or regulation; or

      6.  Advertises, solicits, proffers bids or otherwise holds himself, herself or itself out to perform as a public utility in violation of any of the provisions of NRS 704.005 to 704.754, inclusive, and section 1 of this act, 704.9901 and 704.993 to 704.999, inclusive,

Ê shall be fined not more than $500.

      Sec. 5. NRS 704.736 is hereby amended to read as follows:

      704.736  The application of NRS 704.736 to 704.754, inclusive, and section 1 of this act is limited to any public utility in the business of supplying electricity which has an annual operating revenue in this state of $2,500,000 or more.

      Sec. 6. NRS 704.746 is hereby amended to read as follows:

      704.746  1.  After a utility has filed its plan pursuant to NRS 704.741, the Commission shall convene a public hearing on the adequacy of the plan.

      2.  The Commission shall determine the parties to the public hearing on the adequacy of the plan. A person or governmental entity may petition the Commission for leave to intervene as a party. The Commission must grant a petition to intervene as a party in the hearing if the person or entity has relevant material evidence to provide concerning the adequacy of the plan. The Commission may limit participation of an intervener in the hearing to avoid duplication and may prohibit continued participation in the hearing by an intervener if the Commission determines that continued participation will unduly broaden the issues, will not provide additional relevant material evidence or is not necessary to further the public interest.

      3.  In addition to any party to the hearing, any interested person may make comments to the Commission regarding the contents and adequacy of the plan.

      4.  After the hearing, the Commission shall determine whether:

      (a) The forecast requirements of the utility are based on substantially accurate data and an adequate method of forecasting.

      (b) The plan identifies and takes into account any present and projected reductions in the demand for energy that may result from measures to improve energy efficiency in the industrial, commercial, residential and energy producing sectors of the area being served.

      (c) The plan adequately demonstrates the economic, environmental and other benefits to this State and to the customers of the utility, associated with the following possible measures and sources of supply:

             (1) Improvements in energy efficiency;

             (2) Pooling of power;

             (3) Purchases of power from neighboring states or countries;

             (4) Facilities that operate on solar or geothermal energy or wind;

             (5) Facilities that operate on the principle of cogeneration or hydrogeneration;

             (6) Other generation facilities; and

             (7) Other transmission facilities.

      5.  The Commission [may] shall give preference to the measures and sources of supply set forth in paragraph (c) of subsection 4 that:

      (a) Provide the greatest economic and environmental benefits to the State;

      (b) Are consistent with the provisions of this section;

      (c) Provide levels of service that are adequate and reliable; [and]

 


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ê2017 Statutes of Nevada, Page 2473 (Chapter 383, SB 65)ê

 

      (d) Provide the greatest opportunity for the creation of new jobs in this State [.] ; and

      (e) Provide for diverse electricity supply portfolios and which reduce customer exposure to the price volatility of fossil fuels and the potential costs of carbon.

Ê In considering the measures and sources of supply set forth in paragraph (c) of subsection 4 and determining the preference given to such measures and sources of supply, the Commission shall consider the cost of those measures and sources of supply to the customers of the electric utility.

      6.  The Commission shall:

      (a) Adopt regulations which determine the level of preference to be given to those measures and sources of supply; and

      (b) Consider the value to the public of using water efficiently when it is determining those preferences.

      7.  The Commission shall:

      (a) Consider the level of financial commitment from developers of renewable energy projects in each renewable energy zone, as designated pursuant to subsection 2 of NRS 704.741; and

      (b) Adopt regulations establishing a process for considering such commitments including, without limitation, contracts for the sale of energy, leases of land and mineral rights, cash deposits and letters of credit.

      8.  The Commission shall, after a hearing, review and accept or modify an emissions reduction and capacity replacement plan which includes each element required by NRS 704.7316. In considering whether to accept or modify an emissions reduction and capacity replacement plan, the Commission shall consider:

      (a) The cost to the customers of the electric utility to implement the plan;

      (b) Whether the plan provides the greatest economic benefit to this State;

      (c) Whether the plan provides the greatest opportunities for the creation of new jobs in this State; and

      (d) Whether the plan represents the best value to the customers of the electric utility.

      Sec. 6.5. NRS 704.751 is hereby amended to read as follows:

      704.751  1.  After a utility has filed the plan required pursuant to NRS 704.741, the Commission shall issue an order accepting or modifying the plan or specifying any portions of the plan it deems to be inadequate:

      (a) Within 135 days for any portion of the plan relating to the energy supply plan for the utility for the 3 years covered by the plan; and

      (b) Within 180 days for all portions of the plan not described in paragraph (a).

Ê If the Commission issues an order modifying the plan, the utility may consent to or reject some or all of the modifications by filing with the Commission a notice to that effect. Any such notice must be filed not later than 30 days after the date of issuance of the order. If such a notice is filed, any petition for reconsideration or rehearing of the order must be filed with the Commission not later than 10 business days after the date the notice is filed.

      2.  If a utility files an amendment to a plan, the Commission shall issue an order accepting or modifying the amendment or specifying any portions of the amendment it deems to be inadequate:

 


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ê2017 Statutes of Nevada, Page 2474 (Chapter 383, SB 65)ê

 

      (a) Within 135 days after the filing of the amendment; or

      (b) Within 180 days after the filing of the amendment for all portions of the amendment which contain an element of the emissions reduction and capacity replacement plan.

Ê If the Commission issues an order modifying the amendment, the utility may consent to or reject some or all of the modifications by filing with the Commission a notice to that effect. Any such notice must be filed not later than 30 days after the date of issuance of the order. If such a notice is filed, any petition for reconsideration or rehearing of the order must be filed with the Commission not later than 10 business days after the date the notice is filed.

      3.  Any order issued by the Commission accepting or modifying a plan required pursuant to NRS 704.741 or an amendment to such a plan must include the justification of the Commission for the preferences given pursuant to subsection 5 of NRS 704.746 to the measures and sources of supply set forth in paragraph (c) of subsection 4 of NRS 704.746.

      4.  All prudent and reasonable expenditures made to develop the utility’s plan, including environmental, engineering and other studies, must be recovered from the rates charged to the utility’s customers.

      [4.]5.  The Commission may accept a transmission plan submitted pursuant to subsection 4 of NRS 704.741 for a renewable energy zone if the Commission determines that the construction or expansion of transmission facilities would facilitate the utility meeting the portfolio standard, as defined in NRS 704.7805.

      [5.]6.  The Commission shall adopt regulations establishing the criteria for determining the adequacy of a transmission plan submitted pursuant to subsection 4 of NRS 704.741.

      [6.]7.  Any order issued by the Commission accepting or modifying an element of an emissions reduction and capacity replacement plan must include provisions authorizing the electric utility to construct or acquire and own electric generating plants necessary to meet the capacity amounts approved in, and carry out the provisions of, the plan. As used in this subsection, “capacity” means an amount of firm electric generating capacity used by the electric utility for the purpose of preparing a plan filed with the Commission pursuant to NRS 704.736 to 704.754, inclusive.

      Sec. 7.  Notwithstanding the provisions of section 1 of this act, the 4-month period described in that section does not apply to a utility which supplies electricity in this State which is required to file a plan pursuant to NRS 704.741 on or before the date that is 4 months after the effective date of this act. The Public Utilities Commission of Nevada shall require such a utility to conduct the meeting required by section 1 of this act within a reasonable period before the date on which the utility is required to file the plan pursuant to NRS 704.741.

      Sec. 8.  This act becomes effective upon passage and approval.

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ê2017 Statutes of Nevada, Page 2475ê

 

CHAPTER 384, SB 84

Senate Bill No. 84–Committee on Legislative Operations and Elections

 

CHAPTER 384

 

[Approved: June 5, 2017]

 

AN ACT relating to ethics in government; revising certain procedures of the Commission on Ethics and the remedial authority of the Commission; designating certain persons as public officers and employees for the purposes of the Nevada Ethics in Government Law; revising the code of ethical standards applicable to public officers and employees; revising provisions governing the disclosure of certain information and the filing of certain disclosure statements by public officers and employees; providing for the execution and filing by a public officer of a single acknowledgment of statutory ethical standards for all public offices held concurrently by the officer; revising provisions relating to the employment of former public officers and employees; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under the Nevada Ethics in Government Law (Ethics Law), the Commission on Ethics is authorized to issue opinions interpreting the statutory ethical standards established by the Ethics Law and applying those standards to a given set of facts and circumstances. (Chapter 281A of NRS) The Commission generally issues the following types of opinions: (1) advisory opinions requested by a public officer or employee who is seeking guidance on matters which directly relate to the propriety of his or her own past, present or future conduct under the statutory ethical standards; (2) advisory opinions requested by a public officer or employee who is requesting relief from certain provisions of the Ethics Law that allow the Commission to grant such relief; and (3) opinions issued in response to an ethics complaint which has been filed with the Commission or initiated by the Commission on its own motion regarding the propriety of the conduct of a public officer or employee under the statutory ethical standards. (NRS 281A.410, 281A.430, 281A.440, 281A.550)

      The Ethics Law also establishes various procedures that the Commission and its staff must follow when processing, handling, investigating, reviewing, evaluating and adjudicating requests for advisory opinions and ethics complaints. (NRS 281A.440-281A.480) Most of those procedures are contained in a single section of the Nevada Revised Statutes, NRS 281A.440, which embraces numerous and extensive procedural provisions governing: (1) the filing of requests for advisory opinions and ethics complaints; (2) the initial review and evaluation of such requests and complaints; (3) the requirements for responding to such requests and complaints; and (4) the procedures and standards for conducting investigations, making discovery requests, disclosing information, holding hearings and other proceedings and determining issues of confidentiality with regard to such information, hearings and proceedings. Because NRS 281A.440 includes so many extensive procedural provisions, it has become a particularly lengthy and complex statute.

      Section 30 of this bill repeals NRS 281A.440, and sections 1.3-11 and 14 of this bill generally reorganize and reenact the existing provisions of NRS 281A.440, with certain modifications, to effectuate the orderly and logical arrangement of the statutes, improve readability and clarity and reduce repetitious or lengthy words or phrases. For example, sections 1.3-2.7 define several terms, including “advisory opinion” and “ethics complaint,” that replace repetitious or lengthy words or phrases throughout the Ethics Law and thereby improve readability and clarity.

      Because proceedings concerning advisory opinions are functionally different from proceedings concerning ethics complaints, sections 3.1-3.5 contain procedures that apply only to advisory opinions. However, these procedures do not differ materially from the existing procedures that apply to advisory opinions in NRS 281A.440.

 


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ê2017 Statutes of Nevada, Page 2476 (Chapter 384, SB 84)ê

 

      Sections 3.6-11 contain procedures that apply only to ethics complaints. Section 3.7 sets forth the requirements for properly filing an ethics complaint, and section 3.8 provides that after the ethics complaint is properly filed, the Commission must determine, based on the evidence submitted with the ethics complaint, whether it has jurisdiction in the matter and whether an investigation is warranted in the matter. If the Commission determines that it has jurisdiction and an investigation is warranted, sections 3.9-5 provide for an investigation and review of the ethics complaint to determine whether there is just and sufficient cause for the Commission to render an opinion in the matter.

      In conducting the investigation and review, sections 3.9-5 require the Executive Director of the Commission to: (1) provide the public officer or employee an opportunity to submit a response; (2) investigate the facts and circumstances; and (3) prepare and submit a recommendation to a review panel, consisting of three members of the eight-member Commission, that must determine whether there is just and sufficient cause for the Commission to render an opinion in the matter. If the review panel determines that there is not just and sufficient cause, section 5 requires the review panel to dismiss the matter, but the review panel may issue a confidential letter of caution or instruction to the public officer or employee as part of the dismissal.

      If the review panel determines that there is just and sufficient cause but reasonably believes that the conduct at issue may be appropriately addressed through additional training or other corrective action, sections 5 and 6 authorize the review panel to approve a deferral agreement between the Executive Director and the public officer or employee to defer further proceedings in the matter under the terms and conditions of the deferral agreement. If the public officer or employee complies with the terms and conditions of the deferral agreement, the matter must be dismissed. However, if the public officer or employee fails to comply with the terms and conditions of the deferral agreement, the deferral agreement may be vacated and further proceedings conducted in the matter before the Commission.

      If the review panel does not believe that a deferral agreement is appropriate or if the public officer or employee declines to enter into such a deferral agreement, section 5 requires the review panel to refer the ethics complaint to the Commission for further proceedings in the matter. If further proceedings are conducted in the matter, section 16.6 of this bill provides that the three members of the review panel cannot participate in the proceedings before the remaining five members of the Commission.

      Sections 6.5-11 reorganize and reenact the existing provisions of NRS 281A.440 governing the procedures and standards for making discovery requests, disclosing information, holding hearings and other proceedings and determining issues of confidentiality with regard to such information, hearings and proceedings. In addition, section 8 revises the procedures for protecting the identity of requesters of ethics complaints who ask for confidential status because their complaints are akin to whistleblower complaints that allege unethical conduct within their own public agencies or because they offer sufficient facts and circumstances showing that they will face a bona fide threat of physical force or violence from filing their complaints. Under section 8, if the Executive Director intends to present the testimony of such a confidential requester during the ethics proceedings, the name of the confidential requester must be disclosed but only as a proposed witness and not as the requester of the ethics complaint.

      Sections 12, 12.5 and 13 of this bill provide the Commission with additional remedial options in proceedings concerning ethics complaints which allow the Commission to utilize different types of remedies that progress in scope and severity depending upon the scope and severity of the unethical conduct. Currently, the Ethics Law grants the Commission certain remedial options, including civil monetary penalties, if it finds a violation of the statutory ethical standards. The Ethics Law also authorizes the Commission to resolve matters before it by stipulation, agreed settlement, consent order or default. (NRS 233B.121, 281A.135, 281A.480) Sections 12, 12.5 and 13 expand the remedies available to the Commission to include: (1) a requirement that a public officer or employee complete a period of compliance, receive additional training or issue a public apology; and (2) the issuance of a confidential letter of caution or instruction or a public admonition, reprimand or censure.

 


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ê2017 Statutes of Nevada, Page 2477 (Chapter 384, SB 84)ê

 

      The Ethics Law generally defines a person as a public officer if the person holds a position that: (1) involves the exercise of a public power, trust or duty; and (2) is established by the Nevada Constitution or any provision of statute, charter or ordinance. (NRS 281A.160) Certain additional persons are designated as public officers notwithstanding the fact that their positions are not so established. (NRS 281A.182) In addition, the Ethics Law defines a person as a public employee if the person performs public duties under the direction and control of a public officer and is paid compensation with public money. (NRS 281A.150) Sections 15.7 and 16 of this bill provide that certain additional persons are designated as public officers and employees solely and exclusively for the purposes of the Ethics Law if such persons enter into contracts with public agencies, are paid compensation with public money and serve in certain positions which ordinarily would be held or filled by public officers and employees. Section 16 also provides that its provisions must be interpreted and applied to ensure that a person does not evade the Ethics Law because a public agency elects to use a contractual relationship instead of an employment relationship for these types of positions which ordinarily would be held or filled by public officers and employees.

      Section 18 of this bill provides that the Commission does not have jurisdiction regarding alleged discrimination or harassment for which a complaint or employment-related grievance may be filed with an appropriate agency with jurisdiction to redress such alleged discrimination or harassment. (NRS 281A.280) However, section 18 also provides that the Commission has jurisdiction regarding the alleged conduct if such conduct is sanctionable separately or concurrently under the Ethics Law, irrespective of the alleged discrimination or harassment.

      In performing their functions under the Ethics Law, the Commission and its presiding officers may issue subpoenas to compel the attendance of witnesses and the production of books and papers. (NRS 281A.300) Section 19 of this bill clarifies that such subpoenas may be issued during the course of any investigation under the Ethics Law to compel the participation of potential witnesses and the production of books and papers.

      Section 20 of this bill revises the existing statutory ethical standards which generally prohibit public officers and employees from engaging in certain unethical conduct that benefits their own private interests. (NRS 281A.400) Section 20 expands these existing prohibitions so that a public officer or employee cannot engage in certain unethical conduct when it benefits any other person to whom the public officer or employee has a commitment in a private capacity. The Ethics Law defines such other persons to include: (1) the spouse or domestic partner of the public officer or employee, a member of his or her household or a relative within the third degree of consanguinity or affinity; (2) a person who employs the public officer or employee, his or her spouse or domestic partner or a member of his or her household; (3) a person with whom the public officer or employee has a substantial and continuing business relationship; or (4) a person with whom the public officer or employee has any other commitment, interest or relationship that is substantially similar to the foregoing commitments, interests or relationships. (NRS 281A.065)

      The Ethics Law permits certain public officers and employees to represent or counsel private persons before certain public agencies in which the public officers or employees do not serve and also requires certain public officers to file annual disclosure statements regarding such representation or counseling with the Commission. (NRS 281A.410) The Ethics Law also requires certain public officers and employees to disclose publicly certain personal or private interests which may create potential conflicts of interests at the time the public officers and employees consider or act upon a matter affecting those interests. (NRS 281A.420) Section 20.3 of this bill eliminates the requirement for certain public officers to file annual disclosure statements regarding representation or counseling of private persons before public agencies. Instead, section 20.5 of this bill requires certain public officers and employees to disclose publicly certain information regarding representation or counseling of private persons before public agencies at the time the public officers and employees consider or act upon a matter which is reasonably related to the nature of such representation or counseling.

 


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ê2017 Statutes of Nevada, Page 2478 (Chapter 384, SB 84)ê

 

      The Ethics Law requires each elected and appointed public officer to execute and file with the Commission a written acknowledgment of the officer’s understanding of the statutory ethical standards applicable to him or her, and the officer’s obligation to become familiar with any amendments to those standards. A public officer is required to execute and file the acknowledgment for each office, including each appointive office, held by the officer. (NRS 281A.500) Section 25 of this bill provides that a public officer who executes and files the acknowledgment for one office as required by law thereby satisfies the execution and filing requirements for any other office held concurrently by him or her.

      Under existing law, various public officers and employees are subject to a “cooling-off” period after the termination of their public service or employment, during which they are precluded from soliciting or accepting certain kinds of employment. A similar “cooling-off period” exists for a former public officer’s or employee’s representation or counseling of a private person on any issue which was under consideration by the agency in which the officer or employee served. The Commission is authorized to grant relief from the application of these provisions in specified circumstances. (NRS 281A.410, 281A.550) Section 27 of this bill: (1) clarifies that a grant of relief from the application of the cooling-off provisions as they relate to employment does not affect the ban on representation or counseling; and (2) provides that the ban on employment extends to circumstances in which any oral or written agreement for personal services is sought, negotiated or exists during the cooling-off period, even if such an agreement does not or will not become effective until after the cooling-off period.

 

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 281A of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 to 14, inclusive, of this act.

      Sec. 1.3. “Adjudicatory hearing” means a hearing held by the Commission pursuant to section 6.5 of this act to receive evidence concerning an ethics complaint and render an opinion in the matter.

      Sec. 1.5. “Advisory opinion” means an advisory opinion rendered by the Commission pursuant to sections 3.1 to 3.5, inclusive, of this act.

      Sec. 2. “Deferral agreement” means an agreement entered into between the Executive Director and the subject of an ethics complaint pursuant to section 6 of this act.

      Sec. 2.2. “Ethics complaint” means a request for an opinion which is filed with the Commission or initiated by the Commission on its own motion pursuant to section 3.7 of this act regarding the propriety of the conduct of a public officer or employee under the statutory ethical standards set forth in this chapter.

      Sec. 2.5.“Request for an advisory opinion” means a request for an advisory opinion which is filed with the Commission pursuant to section 3.2 of this act by a public officer or employee who is:

      1.  Seeking guidance on matters which directly relate to the propriety of his or her own past, present or future conduct as a public officer or employee under the statutory ethical standards set forth in this chapter; or

      2.  Requesting relief pursuant to NRS 281A.410, 281A.430 or 281A.550.

      Sec. 2.7.“Review panel” means a review panel appointed pursuant to NRS 281A.220.

 


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      Sec. 3.  (Deleted by amendment.)

      Sec. 3.1. The provisions of sections 3.1 to 3.5, inclusive, of this act apply to proceedings concerning a request for an advisory opinion.

      Sec. 3.2. 1.  A public officer or employee may file with the Commission a request for an advisory opinion to:

      (a) Seek guidance on matters which directly relate to the propriety of his or her own past, present or future conduct as a public officer or employee under the statutory ethical standards set forth in this chapter; or

      (b) Request relief pursuant to NRS 281A.410, 281A.430 or 281A.550.

      2.  The request for an advisory opinion must be:

      (a) Filed on a form prescribed by the Commission; and

      (b) Submitted with all necessary information for the Commission to render an advisory opinion in the matter.

      3.  The Commission may decline to render an advisory opinion if the public officer or employee does not:

      (a) Submit all necessary information for the Commission to render an advisory opinion in the matter; or

      (b) Declare by oath or affirmation that he or she will testify truthfully regarding the matter.

      Sec. 3.3. 1.  If a public officer or employee properly files a request for an advisory opinion, the Commission shall render an advisory opinion that interprets the statutory ethical standards and applies those standards to the given set of facts and circumstances. The Commission shall render the advisory opinion within 45 days after receiving the request, unless the requester waives this time limit.

      2.  If the advisory opinion rendered by the Commission relates to the propriety of the present or future conduct of the requester, the advisory opinion is:

      (a) Binding upon the requester with regard to the future conduct of the requester; and

      (b) A final decision that is subject to judicial review pursuant to NRS 233B.130.

      3.  If the requester seeks judicial review pursuant to NRS 233B.130, any proceedings concerning such judicial review must be confidential and held in closed court without admittance of persons other than those necessary to the proceedings, unless the requester waives this right to confidential proceedings.

      Sec. 3.4.1.  Except as otherwise provided in this section, the following materials are confidential and are not public records pursuant to chapter 239 of NRS:

      (a) A request for an advisory opinion;

      (b) The advisory opinion rendered by the Commission in response to the request;

      (c) Any information, communications, records, documents or other materials in the possession of the Commission or its staff that are related to the request; and

      (d) Any information, communications, records, documents or other materials in the possession of the requester of the advisory opinion that are related to the request and, if disclosed by the requester, would reveal the existence, nature or content of the request or the advisory opinion.

      2.  The provisions of subsection 1 do not create or impose any duty on the Commission or its staff to protect or defend against the disclosure of any materials not in the possession of the Commission or its staff, regardless of whether the materials are related to the request.

 


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any materials not in the possession of the Commission or its staff, regardless of whether the materials are related to the request.

      3.  The provisions of subsection 1 do not apply to any materials in the possession of the Commission or its staff that are related to the request if the requester of the advisory opinion:

      (a) Acts in contravention of the advisory opinion, in which case the Commission may disclose the request, the advisory opinion and any information, communications, records, documents or other materials in the possession of the Commission or its staff that are related to the request;

      (b) Authorizes the Commission, in writing, to make the request, the advisory opinion or any information, communications, records, documents or other materials in the possession of the Commission or its staff that are related to the request publicly available; or

      (c) Voluntarily discloses, in any manner, the request, the advisory opinion or any information, communications, records, documents or other materials in the possession of the Commission or its staff that are related to the request, except to:

             (1) The public body, agency or employer of the requester or the legal counsel of the requester;

             (2) Any person to whom the Commission authorizes the requester to make such a disclosure; or

             (3) Any person to whom the requester makes such a disclosure for the purposes of judicial review pursuant to section 3.3 of this act.

      Sec. 3.5. 1.  Except as otherwise provided in this section, the provisions of chapter 241 of NRS do not apply to:

      (a) Any meeting or hearing held by the Commission to receive information or evidence concerning a request for an advisory opinion; and

      (b) Any deliberations or actions of the Commission on such information or evidence.

      2.  The public officer or employee who files the request for an advisory opinion may also file a request with the Commission to hold a public meeting or hearing regarding the request for an advisory opinion.

      Sec. 3.6.The provisions of sections 3.6 to 13, inclusive, of this act and NRS 281A.450, 281A.465, 281A.475 and 281A.480 apply to proceedings concerning an ethics complaint.

      Sec. 3.7.1.  Except as otherwise provided in this section and NRS 281A.280, the Commission may render an opinion that interprets the statutory ethical standards and applies those standards to a given set of facts and circumstances regarding the propriety of the conduct of a public officer or employee if an ethics complaint is:

      (a) Filed by a specialized or local ethics committee established pursuant to NRS 281A.350.

      (b) Filed by any person, except a person who is incarcerated in a correctional facility in this State or any other jurisdiction.

      (c) Initiated by the Commission on its own motion, except the Commission shall not initiate such an ethics complaint based solely upon an anonymous complaint.

      2.  An ethics complaint filed by a person must be:

      (a) Verified under oath and filed on a form prescribed by the Commission; and

      (b) Submitted with sufficient evidence to support the allegations in order for the Commission to make a determination of whether it has jurisdiction in the matter and whether an investigation is warranted in the matter pursuant to sections 3.8 and 3.9 of this act.

 


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jurisdiction in the matter and whether an investigation is warranted in the matter pursuant to sections 3.8 and 3.9 of this act.

      3.  The Commission may decline to render an opinion if the person who files the ethics complaint does not submit all necessary evidence in the matter.

      Sec. 3.8.1.  Based on the evidence submitted with an ethics complaint filed with the Commission pursuant to section 3.7 of this act, the Commission shall determine whether it has jurisdiction in the matter and whether an investigation is warranted in the matter. The Commission shall make its determination within 45 days after receiving the ethics complaint, unless the public officer or employee who is the subject of the ethics complaint waives this time limit.

      2.  If the Commission determines that it does not have jurisdiction in the matter, the Commission shall dismiss the matter.

      3.  If the Commission determines that it has jurisdiction in the matter but the evidence submitted with the ethics complaint is not sufficient to warrant an investigation in the matter, the Commission shall dismiss the matter, with or without issuing a letter of caution or instruction to the public officer or employee pursuant to section 12.5 of this act.

      4.  If the Commission determines that it has jurisdiction in the matter and the evidence submitted with the ethics complaint is sufficient to warrant an investigation in the matter, the Commission may direct the Executive Director to investigate the ethics complaint pursuant to section 3.9 of this act.

      Sec. 3.9. 1.  If the Commission directs the Executive Director to investigate an ethics complaint pursuant to section 3.8 of this act or if the Commission initiates an ethics complaint on its own motion pursuant to section 3.7 of this act, the Executive Director shall investigate the facts and circumstances relating to the ethics complaint to determine whether the Executive Director believes that there is just and sufficient cause for the Commission to render an opinion in the matter in order to present a written recommendation to the review panel pursuant to section 4 of this act.

      2.  The Executive Director shall provide notice of the investigation pursuant to this section to the public officer or employee who is the subject of the ethics complaint and provide the public officer or employee an opportunity to submit to the Executive Director a response to the allegations against the public officer or employee in the ethics complaint. The response must be submitted within 30 days after the date on which the public officer or employee receives the notice of the investigation pursuant to this section, unless the Executive Director grants an extension.

      3.  The purpose of the response submitted pursuant to this section is to provide the Executive Director and the review panel with any information relevant to the ethics complaint which the public officer or employee believes may assist:

      (a) The Executive Director in performing his or her investigation and other functions pursuant to this section and section 4 of this act; and

      (b) The review panel in performing its review and other functions pursuant to section 5 of this act.

      4.  The public officer or employee is not required in the response submitted pursuant to this section or in any proceedings before the review panel to assert, claim or raise any objection or defense, in law or fact, to the allegations against the public officer or employee, and no objection or defense, in law or fact, is waived, abandoned or barred by the failure to assert, claim or raise it in the response or in any proceedings before the review panel.

 


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the allegations against the public officer or employee, and no objection or defense, in law or fact, is waived, abandoned or barred by the failure to assert, claim or raise it in the response or in any proceedings before the review panel.

      Sec. 4. 1.  Except as otherwise provided in this subsection, the Executive Director shall complete the investigation required by section 3.9 of this act and present a written recommendation to the review panel within 70 days after the Commission directs the Executive Director to investigate the ethics complaint or after the Commission initiates the ethics complaint on its own motion, as applicable. The public officer or employee who is the subject of the ethics complaint may waive this time limit.

      2.  The recommendation must:

      (a) Set forth the factual and legal basis for the recommendation;

      (b) State whether the Executive Director believes that there is just and sufficient cause for the Commission to render an opinion in the matter; and

      (c) If the Executive Director believes that a disposition of the matter without an adjudicatory hearing is appropriate under the facts and circumstances, state any suggested disposition that is consistent with the provisions of this chapter, including, without limitation, whether the Executive Director believes that the conduct at issue may be appropriately addressed through additional training or other corrective action under the terms and conditions of a deferral agreement.

      Sec. 5. 1.  Except as otherwise provided in this section, the review panel shall determine whether there is just and sufficient cause for the Commission to render an opinion in the matter within 15 days after the Executive Director provides the review panel with the recommendation required by section 4 of this act. The public officer or employee who is the subject of the ethics complaint may waive this time limit.

      2.  The review panel shall cause a record of its proceedings to be kept.

      3.  The review panel shall not determine that there is just and sufficient cause for the Commission to render an opinion in the matter unless the Executive Director has provided the public officer or employee an opportunity to respond to the allegations as required by section 3.9 of this act.

      4.  If the review panel determines that there is not just and sufficient cause for the Commission to render an opinion in the matter, it shall dismiss the matter, with or without prejudice, and with or without issuing a letter of caution or instruction to the public officer or employee pursuant to section 12.5 of this act.

      5.  If the review panel determines that there is just and sufficient cause for the Commission to render an opinion in the matter but reasonably believes that the conduct at issue may be appropriately addressed through additional training or other corrective action under the terms and conditions of a deferral agreement, the review panel may:

      (a) Approve a deferral agreement proposed by the Executive Director and the public officer or employee instead of referring the ethics complaint to the Commission for further proceedings in the matter; or

      (b) Authorize the Executive Director and the public officer or employee to develop such a deferral agreement and may thereafter approve such a deferral agreement instead of referring the ethics complaint to the Commission for further proceedings in the matter.

 


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      6.  If the review panel does not approve a deferral agreement pursuant to subsection 5 or if the public officer or employee declines to enter into such a deferral agreement, the review panel shall refer the ethics complaint to the Commission for further proceedings in the matter.

      7.  If the review panel determines that there is just and sufficient cause for the Commission to render an opinion in the matter and reasonably believes that the conduct at issue may not be appropriately addressed through additional training or other corrective action under the terms and conditions of a deferral agreement, the review panel shall refer the ethics complaint to the Commission for further proceedings in the matter.

      Sec. 5.5. The provisions of chapter 241 of NRS do not apply to:

      1.  Any meeting or hearing held by the review panel to receive information or evidence concerning an ethics complaint; and

      2.  Any deliberations or actions of the review panel on such information or evidence.

      Sec. 6. 1.  In proceedings concerning an ethics complaint, the Executive Director and the public officer or employee who is the subject of the ethics complaint may develop a deferral agreement to defer further proceedings in the matter under the terms and conditions of the deferral agreement.

      2.  A deferral agreement does not become effective unless approved by the review panel pursuant to section 5 of this act. If the review panel approves a deferral agreement, the Commission shall enforce the terms and conditions of the deferral agreement.

      3.  A deferral agreement must:

      (a)Specify the training or other corrective action to be completed by or imposed upon the public officer or employee;

      (b) Specify any other terms and conditions, consistent with the provisions of this chapter, to be imposed upon the public officer or employee; and

      (c) Provide that the Commission may vacate the deferral agreement and conduct further proceedings in the matter if the Commission finds that the public officer or employee has failed to comply with any terms and conditions of the deferral agreement.

      4.  The imposition of training or other corrective action and the imposition of any other terms and conditions in a deferral agreement is without prejudice to any other disposition of the matter, consistent with this chapter, that may be ordered by the Commission if it vacates the deferral agreement and conducts further proceedings in the matter and finds that the public officer or employee has violated any provision of this chapter.

      5.  The Executive Director shall monitor the compliance of the public officer or employee who is the subject of a deferral agreement and may require the public officer or employee to document his or her compliance with the deferral agreement.

      6.  The Executive Director shall:

      (a) Inform the Commission of any alleged failure of the public officer or employee to comply with the deferral agreement;

      (b) Give the public officer or employee written notice of any alleged failure to comply with the deferral agreement; and

      (c) Allow the public officer or employee not less than 15 days to respond to such a notice.

 


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      7.  Within 60 days after the date on which the public officer or employee responds or was entitled to respond to the written notice of any alleged failure to comply with the deferral agreement, the Commission shall determine whether the public officer or employee failed to comply with the deferral agreement, unless the public officer or employee waives this time limit.

      8.  If the Commission determines that the public officer or employee failed to comply with the deferral agreement, the Commission may take any action it deems appropriate, consistent with the terms and conditions of the deferral agreement and the provisions of this chapter, including, without limitation, vacating the deferral agreement and conducting further proceedings in the matter.

      9.  If the public officer or employee who is the subject of the deferral agreement complies in a satisfactory manner with the deferral agreement, the Commission shall dismiss the matter.

      Sec. 6.5. 1.  If the review panel refers an ethics complaint to the Commission for further proceedings in the matter pursuant to section 5 of this act or if the Commission vacates a deferral agreement and conducts further proceedings in the matter pursuant to section 6 of this act, the Commission shall hold an adjudicatory hearing and render an opinion in the matter within 60 days after the date on which the review panel refers the ethics complaint to the Commission or the Commission vacates the deferral agreement, as appropriate, unless the public officer or employee who is the subject of the ethics complaint waives this time limit.

      2.  If the Commission holds an adjudicatory hearing to receive evidence concerning an ethics complaint, the Commission shall:

      (a)Notify the public officer or employee who is the subject of the ethics complaint of the date, time and place of the hearing;

      (b)Allow the public officer or employee to be represented by legal counsel; and

      (c)Allow the public officer or employee to hear the evidence presented to the Commission and to respond and present evidence on his or her own behalf.

      3.  Unless the public officer or employee agrees to a shorter time, an adjudicatory hearing may not be held less than 10 days after the date on which the notice of the hearing is given to the public officer or employee.

      4.  For good cause shown, the Commission may take testimony from a person by telephone or video conference at an adjudicatory hearing or at any other proceedings concerning the ethics complaint.

      Sec. 7.  (Deleted by amendment.)

      Sec. 8. 1.  Except as otherwise provided in this section and section 9 of this act, all information, communications, records, documents or other materials in the possession of the Commission, the review panel or their staff that are related to an ethics complaint are confidential and are not public records pursuant to chapter 239 of NRS until:

      (a)The review panel determines whether there is just and sufficient cause for the Commission to render an opinion in the matter and serves written notice of its determination on the public officer or employee who is the subject of the ethics complaint; or

      (b)The public officer or employee who is the subject of the ethics complaint authorizes the Commission, in writing, to make the information, communications, records, documents or other materials that are related to the ethics complaint publicly available,

 


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communications, records, documents or other materials that are related to the ethics complaint publicly available,

Ê whichever occurs first.

      2.  Except as otherwise provided in subsection 3, if a person who files an ethics complaint asks that his or her identity as the requester be kept confidential, the Commission:

      (a)Shall keep the identity of the requester confidential if he or she is a public officer or employee who works for the same public body, agency or employer as the public officer or employee who is the subject of the ethics complaint.

      (b)May keep the identity of the requester confidential if he or she offers sufficient facts and circumstances showing a reasonable likelihood that disclosure of his or her identity will subject the requester or a member of his or her household to a bona fide threat of physical force or violence.

      3.  If the Commission keeps the identity of the requester confidential, the Commission shall not render an opinion in the matter unless there is sufficient evidence without the testimony of the requester to consider the propriety of the conduct of the public officer or employee who is the subject of the ethics complaint. If the Executive Director intends to present the testimony of the requester as evidence for consideration by the Commission at the adjudicatory hearing or in rendering an opinion in the matter and the public officer or employee who is the subject of the ethics complaint submits a written discovery request to the Commission pursuant to section 9 of this act, the Commission shall disclose the name of the requester only as a proposed witness within a reasonable time before the adjudicatory hearing on the matter.

      Sec. 9. 1.  Except as otherwise provided in this section, the investigative file related to an ethics complaint is confidential and is not a public record pursuant to chapter 239 of NRS.

      2.  At any time after being served with written notice of the determination of the review panel regarding the existence of just and sufficient cause for the Commission to render an opinion in the matter, the public officer or employee who is the subject of the ethics complaint may submit a written discovery request to the Commission for a list of proposed witnesses and a copy of any portion of the investigative file that the Executive Director intends to present as evidence for consideration by the Commission at the adjudicatory hearing or in rendering an opinion in the matter.

      3.  Any portion of the investigative file which the Executive Director presents as evidence for consideration by the Commission at the adjudicatory hearing or in rendering an opinion in the matter becomes a public record and must be open for inspection pursuant to chapter 239 of NRS.

      4.  For the purposes of this section:

      (a) The investigative file includes, without limitation:

             (1) Any response concerning the ethics complaint prepared by the public officer or employee pursuant to section 3.9 of this act and submitted to the Executive Director and the review panel during the course of the investigation and any proceedings before the review panel;

             (2) Any recommendation concerning the ethics complaint prepared by the Executive Director pursuant to section 4 of this act and submitted to the review panel during the course of the investigation and any proceedings before the review panel; and

 


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the review panel during the course of the investigation and any proceedings before the review panel; and

             (3) Any other information provided to or obtained by or on behalf of the Executive Director through any form of communication during the course of the investigation and any proceedings before the review panel and any records, documents or other materials created or maintained during the course of the investigation and any proceedings before the review panel which relate to the public officer or employee who is the subject of the ethics complaint, including, without limitation, a transcript, regardless of whether such information, records, documents or other materials are obtained pursuant to a subpoena.

      (b) The investigative file does not include any deferral agreement.

      Sec. 10.  (Deleted by amendment.)

      Sec. 11. The provisions of chapter 241 of NRS do not apply to:

      1.  Any meeting or hearing held by the Commission to receive information or evidence concerning an ethics complaint; and

      2.  Any deliberations of the Commission on such information or evidence.

      Sec. 12. 1.  If the Commission renders an opinion in proceedings concerning an ethics complaint, the opinion must include findings of fact and conclusions of law.

      2.  If, in proceedings concerning an ethics complaint, the Commission determines that a violation of this chapter:

      (a) Has not been proven, the Commission shall dismiss the matter, with or without prejudice, and with or without issuing a letter of caution or instruction to the public officer or employee pursuant to section 12.5 of this act.

      (b) Has been proven, the Commission may take any action authorized by this chapter.

      Sec. 12.5. 1.  In proceedings concerning an ethics complaint, the Commission or the review panel, as appropriate, may issue a letter of caution or instruction to the public officer or employee who is the subject of the ethics complaint to caution or instruct the public officer or employee regarding the propriety of his or her conduct under the statutory ethical standards set forth in this chapter.

      2.  If the Commission or the review panel issues a letter of caution or instruction to the public officer or employee, the letter:

      (a) Is confidential and is not a public record pursuant to chapter 239 of NRS.

      (b) May be considered in deciding the appropriate action to be taken on any subsequent ethics complaint involving the public officer or employee, unless the letter is not relevant to the issues presented by the subsequent ethics complaint.

      Sec. 13. 1.  Except as otherwise provided in this section, in proceedings concerning an ethics complaint, the Commission, based on a finding that a violation of this chapter has been proven, or the review panel, as part of the terms and conditions of a deferral agreement, may, in addition to any other penalty provided by law and in accordance with the provisions of NRS 281A.475:

      (a) Require the public officer or employee who is the subject of the ethics complaint to:

 


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             (1) Comply in all respects with the provisions of this chapter for a specified period without being the subject of another ethics complaint arising from an alleged violation of this chapter by the public officer or employee which occurs during the specified period and for which the review panel determines that there is just and sufficient cause for the Commission to render an opinion in the matter.

             (2) Attend and complete training.

             (3) Follow a remedial course of action.

             (4) Issue a public apology.

             (5) Comply with conditions or limitations on future conduct.

      (b) Publicly admonish, reprimand or censure the public officer or employee.

      (c) Take any combination of such actions or any other reasonable action that the Commission or the review panel, as appropriate, determines will remedy the violation or alleged violation or deter similar violations or conduct.

      2.  In carrying out the provisions of subsection 1, the Commission, based on a finding that a violation of this chapter has been proven, or the review panel, as part of the terms and conditions of a deferral agreement, may publicly:

      (a) Admonish a public officer or employee if it is determined that the public officer or employee has violated any provision of this chapter, but the violation is not willful, or if such an admonishment is imposed as part of the terms and conditions of a deferral agreement. An admonishment is a written expression of disapproval of the conduct of the public officer or employee.

      (b) Reprimand a public officer or employee if it is determined that the public officer or employee has willfully violated any provision of this chapter, but there is no evidence that the willful violation involved bad faith, malicious intent or knowing or reckless disregard of the law, or if such a reprimand is imposed as part of the terms and conditions of a deferral agreement. A reprimand is a severe written reproof for the conduct of the public officer or employee.

      (c) Censure a public officer or employee if it is determined that the public officer or employee has willfully violated any provision of this chapter and there is evidence that the willful violation involved bad faith, malicious intent or knowing or reckless disregard of the law or there are no substantial mitigating factors pursuant to NRS 281A.475 for the willful violation, or if such a censure is imposed as part of the terms and conditions of a deferral agreement. A censure is a formal written condemnation of the conduct of the public officer or employee.

      3.  Any action taken by the Commission pursuant to this section is a final decision for the purposes of judicial review pursuant to NRS 233B.130. Any action taken by the review panel pursuant to this chapter, including, without limitation, any action relating to a deferral agreement, is not a final decision for the purposes of judicial review pursuant to NRS 233B.130.

      Sec. 14. For the purposes of NRS 41.032, the members of the Commission and employees of the Commission shall be deemed to be exercising or performing a discretionary function or duty in taking any action pursuant to the provisions of this chapter.

 


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      Sec. 15. NRS 281A.030 is hereby amended to read as follows:

      281A.030  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 281A.035 to 281A.170, inclusive, and sections 1.3 to 2.7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 15.5.NRS 281A.135 is hereby amended to read as follows:

      281A.135  1.  “Opinion” means an opinion rendered by the Commission in accordance with the provisions of this chapter.

      2.  The term includes, without limitation, the disposition of [a request for an opinion] an ethics complaint by stipulation, agreed settlement, consent order or default as authorized by NRS 233B.121.

      Sec. 15.7.NRS 281A.150 is hereby amended to read as follows:

      281A.150  “Public employee” means any person who [performs]

      1.  Performs public duties under the direction and control of a public officer for compensation paid by the State or any county, city or other political subdivision [.] ; or

      2.  Is designated as a public employee for the purposes of this chapter pursuant to NRS 281A.182.

      Sec. 16. NRS 281A.182 is hereby amended to read as follows:

      281A.182  1.  Any person who serves in one of the following positions is designated as a public officer solely and exclusively for the purposes of this chapter:

      (a) A president of a university, state college or community college within the Nevada System of Higher Education.

      (b) A superintendent of a county school district.

      (c) A county manager or a city manager.

      2.  [This section applies] The provisions of subsection 1 apply to such a person regardless of whether the person serves in the position:

      (a) By appointment, contract or employment;

      (b) With or without compensation; or

      (c) On a temporary, interim or acting basis.

      3.  A person who is not otherwise a public officer is designated as a public officer solely and exclusively for the purposes of this chapter if the person:

      (a) Enters into a contract with any state or local agency;

      (b) Is paid compensation with public money; and

      (c) Serves in a position which involves the exercise of a public power, trust or duty and which ordinarily would be held or filled by a public officer.

      4.  A person who is not otherwise a public employee is designated as a public employee solely and exclusively for the purposes of this chapter if:

      (a) The person enters into a contract with any state or local agency;

      (b) The person is paid compensation with public money;

      (c) The person serves in a position which involves the performance of public duties under the substantial and continuing direction and control of a public officer or supervisory public employee;

      (d) The position ordinarily would be held or filled by a public employee and would require the public employee to hold a valid professional or occupational license or similar type of authorization issued by a state or local agency to perform the public duties of the position, other than a general business license or similar type of authorization;

 


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      (e) The position is entrusted with public duties of a substantial and continuing nature which ordinarily would require a public employee to avoid conflicts between the private interests of the public employee and those of the general public whom the public employee serves; and

      (f) The person occupies the position on a full-time basis or its equivalent for a substantial and continuing period of time.

      5.  The provisions of subsections 3 and 4 must be interpreted and applied to ensure that a person does not evade the provisions of this chapter because a state or local agency elects to use a contractual relationship instead of an employment relationship for a position which ordinarily would be held or filled by a public officer or employee.

      6.  If, pursuant to this section, any person is designated as a public officer or employee for the purposes of this chapter, that designation:

      (a) Does not make the person a public officer or employee for the purposes of any other law or for any other purposes; and

      (b) Must not be used, interpreted or applied in any manner to establish, suggest or prove that the person is a public officer or employee for the purposes of any other law or for any other purposes.

      Sec. 16.5.NRS 281A.210 is hereby amended to read as follows:

      281A.210  1.  The Commission shall:

      (a) At its first meeting and annually thereafter elect a Chair and Vice Chair from among its members.

      (b) Meet regularly at least once in each calendar quarter, unless there are no ethics complaints or requests [made for an opinion] for advisory opinions pursuant to [NRS 281A.440,] this chapter, and at other times upon the call of the Chair.

      2.  Members of the Commission are entitled to receive a salary of not more than $80 per day, as fixed by the Commission, while engaged in the business of the Commission.

      3.  While engaged in the business of the Commission, each member and employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      4.  The Commission may, within the limits of legislative appropriation, maintain such facilities as are required to carry out its functions.

      Sec. 16.6.NRS 281A.220 is hereby amended to read as follows:

      281A.220  1.  The Chair shall appoint one or more [investigatory] review panels of [two] three members of the Commission on a rotating basis to perform the functions assigned to such review [the determinations of just and sufficient cause made by the Executive Director] panels pursuant to [NRS 281A.440 and make a final determination regarding whether there is just and sufficient cause for the Commission to render an opinion in a matter.] this chapter.

      2.  The Chair and Vice Chair of the Commission may not serve together on [an investigatory] a review panel.

      3.  [The] Not more than two members of [an investigatory] a review panel may [not] be members of the same political party.

      4.  If [an investigatory] a review panel determines that there is just and sufficient cause for the Commission to render an opinion in a matter, the members of the [investigatory] review panel shall not participate in any further proceedings of the Commission relating to that matter.

 


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ê2017 Statutes of Nevada, Page 2490 (Chapter 384, SB 84)ê

 

      Sec. 17. NRS 281A.240 is hereby amended to read as follows:

      281A.240  1.  In addition to any other duties imposed upon the Executive Director, the Executive Director shall:

      (a) Maintain complete and accurate records of all transactions and proceedings of the Commission.

      (b) Receive ethics complaints and requests for advisory opinions pursuant to [NRS 281A.440.] this chapter.

      (c) Gather information and conduct investigations regarding ethics complaints and requests for advisory opinions [received by the Commission and submit] pursuant to this chapter.

      (d) Submit recommendations to the [investigatory panel appointed pursuant to NRS 281A.220] review panel regarding whether there is just and sufficient cause for the Commission to render an opinion in [response to a particular request.

      (d)] a matter.

      (e) Recommend to the Commission any regulations or legislation that the Executive Director considers desirable or necessary to improve the operation of the Commission and maintain high standards of ethical conduct in government.

      [(e)](f) Upon the request of any public officer or the employer of a public employee, conduct training on the requirements of this chapter, the rules and regulations adopted by the Commission and previous opinions of the Commission. In any such training, the Executive Director shall emphasize that the Executive Director is not a member of the Commission and that only the Commission may issue opinions concerning the application of the statutory ethical standards to any given set of facts and circumstances. The Commission may charge a reasonable fee to cover the costs of training provided by the Executive Director pursuant to this subsection.

      [(f)](g) Perform such other duties, not inconsistent with law, as may be required by the Commission.

      2.  The Executive Director shall, within the limits of legislative appropriation, employ such persons as are necessary to carry out any of the Executive Director’s duties relating to:

      (a) The administration of the affairs of the Commission; and

      (b) The investigation of matters under the jurisdiction of the Commission.

      3.  If the Executive Director is prohibited from acting on a particular matter or is otherwise unable to act on a particular matter, the Chair of the Commission shall designate a qualified person to perform the duties of the Executive Director with regard to that particular matter.

      Sec. 18. NRS 281A.280 is hereby amended to read as follows:

      281A.280  1.  [The] Except as otherwise provided in this section, the Commission has jurisdiction to investigate and take appropriate action regarding an alleged violation of this chapter by a public officer or employee or former public officer or employee in any proceeding commenced by [:

      (a) The filing of a request for an opinion] an ethics complaint, which is filed with the Commission [; or

      (b) The] or initiated by the Commission on its own motion,

[Ê] within 2 years after the alleged violation or reasonable discovery of the alleged violation.

 


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ê2017 Statutes of Nevada, Page 2491 (Chapter 384, SB 84)ê

 

      2.  The Commission does not have jurisdiction regarding alleged conduct by a public officer or employee or former public officer or employee for which:

      (a) A complaint may be filed or, if the applicable limitations period has expired, could have been filed with the United States Equal Employment Opportunity Commission or the Nevada Equal Rights Commission; or

      (b) A complaint or employment-related grievance may be filed or, if the applicable limitations period has expired, could have been filed with another appropriate agency with jurisdiction to redress alleged discrimination or harassment, including, without limitation, a state or local employee-management relations board or similar state or local agency,

Ê but any bar on the Commission’s jurisdiction imposed by this subsection applies only to the extent that it pertains to the alleged discrimination or harassment, and this subsection does not deprive the Commission of jurisdiction regarding the alleged conduct if such conduct is sanctionable separately or concurrently under the provisions of this chapter, irrespective of the alleged discrimination or harassment.

      3.  For the purposes of this section, a proceeding is commenced:

      (a) On the date on which [a request for an opinion] an ethics complaint is filed in the proper form with the Commission in accordance with the regulations of the Commission; or

      (b) If the [proceeding is commenced] ethics complaint is initiated by the Commission on its own motion, on the date on which the Commission serves the public officer or employee or former public officer or employee with notice of the [proceeding] ethics complaint in accordance with the regulations of the Commission.

      Sec. 18.5. NRS 281A.290 is hereby amended to read as follows:

      281A.290  The Commission shall:

      1.  Adopt procedural regulations that are necessary and proper to carry out the provisions of this chapter, including, without limitation:

      (a) To facilitate the receipt of inquiries by the Commission;

      (b) For the filing of an ethics complaint or a request for an advisory opinion with the Commission;

      (c) For the withdrawal of an ethics complaint or a request for an advisory opinion by the person who filed the ethics complaint or request; [and]

      (d) To facilitate the prompt rendition of opinions by the Commission [.] ; and

      (e) For proceedings concerning an ethics complaint, to facilitate written discovery requests submitted pursuant to sections 8 and 9 of this act and the disclosure of evidence in the manner required by those sections, including, without limitation, the disclosure of evidence obtained by or on behalf of the Executive Director during the course of the investigation that affirmatively and substantively disproves any alleged violation of this chapter that is related to the ethics complaint and has been referred to the Commission for an adjudicatory hearing.

      2.  Prescribe, by regulation, forms and procedures for the submission of statements of acknowledgment filed by public officers pursuant to NRS 281A.500, maintain files of such statements and make the statements available for public inspection.

      3.  Cause the making of such investigations as are reasonable and necessary for the rendition of its opinions pursuant to this chapter.

 


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ê2017 Statutes of Nevada, Page 2492 (Chapter 384, SB 84)ê

 

      4.  Inform the Attorney General or district attorney of all cases of noncompliance with the requirements of this chapter.

      5.  Recommend to the Legislature such further legislation as the Commission considers desirable or necessary to promote and maintain high standards of ethical conduct in government.

      6.  Publish a manual for the use of public officers and employees that explains the requirements of this chapter.

Ê The Legislative Counsel shall prepare annotations to this chapter for inclusion in the Nevada Revised Statutes based on the published opinions of the Commission.

      Sec. 19. NRS 281A.300 is hereby amended to read as follows:

      281A.300  1.  The Chair and Vice Chair of the Commission may administer oaths.

      2.  The Commission, upon majority vote, may issue a subpoena to compel the attendance of a witness and the production of any books and papers [.] for any hearing before the Commission.

      3.  Upon the request of the Executive Director, the Chair or, in the Chair’s absence, the Vice Chair, may issue a subpoena to compel the participation of a potential witness and the production of any books and papers during the course of any investigation.

      4.  Upon the request of the Executive Director or the public officer or employee who is the subject of [a request for an opinion,] an ethics complaint, the Chair or, in the Chair’s absence, the Vice Chair, may issue a subpoena to compel the attendance of a witness and the production of any books and papers [.] for any hearing before the Commission. A public officer or employee who requests the issuance of a subpoena pursuant to this subsection must serve the subpoena in the manner provided in the Nevada Rules of Civil Procedure for service of subpoenas in a civil action and must pay the costs of such service.

      [3.] 5.  Before issuing a subpoena to a public officer or employee who is the subject of [a request for an opinion] an ethics complaint to compel his or her participation in any investigation, his or her attendance as a witness or his or her production of any books [or] and papers, the Executive Director shall submit a written request to the public officer or employee requesting:

      (a) The [appearance] voluntary participation of the public officer or employee in the investigation;

      (b) The voluntary attendance of the public officer or employee as a witness; or

      [(b)] (c) The voluntary production by the public officer or employee of any books and papers relating to the [request for an opinion.

      4.]  ethics complaint.

      6.  Each written request submitted by the Executive Director pursuant to subsection [3] 5 must specify the time and place for the voluntary participation of the public officer or employee in the investigation, attendance of the public officer or employee as a witness or [the] production of any books and papers, and designate with certainty the books and papers requested, if any.

      7.  If the public officer or employee fails or refuses to respond to the Executive Director’s written request pursuant to subsection 5 to voluntarily participate or attend at the time and place specified or produce the books and papers requested by the Executive Director within 5 business days after receipt of the written request, the Chair or, in the Chair’s absence, the Vice Chair, may issue the subpoena.

 


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ê2017 Statutes of Nevada, Page 2493 (Chapter 384, SB 84)ê

 

Chair, may issue the subpoena. Failure of the public officer or employee to comply with the written request of the Executive Director shall be deemed a waiver by the public officer or employee of the time limits set forth in [subsections 4, 5 and 6 of NRS 281A.440.] NRS 281A.450, 281A.465, 281A.475 and 281A.480 and sections 3.6 to 13, inclusive, of this act that apply to proceedings concerning the ethics complaint.

      8.  If any witness fails or refuses to participate, attend, testify or produce any books and papers as required by the subpoena, the Chair [of the Commission] or, in the Chair’s absence, the Vice Chair, may report to the district court by petition, setting forth that:

      (a) Due notice has been given of the time and place of the participation or attendance of the witness or the production of the books and papers;

      (b) The witness has been subpoenaed [by the Commission] pursuant to this section; and

      (c) The witness has failed or refused to participate, attend , testify or produce the books and papers as required by the subpoena , [before the Commission,] or has failed or refused to answer questions propounded to the witness,

Ê and asking for an order of the court compelling the witness to participate, attend , [and] testify or produce the books and papers [before the Commission.

      6.] as required by the subpoena.

      9.  Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why the witness has not participated, attended, testified or produced the books or papers [before the Commission.] as required by the subpoena. A certified copy of the order must be served upon the witness.

      [7.] 10.  If it appears to the court that the subpoena was regularly issued [by the Commission,] pursuant to this section, the court shall enter an order that the witness [appear before the Commission,] comply with the subpoena, at the time and place fixed in the order, and participate, attend, testify or produce the required books and papers. Upon failure to obey the order, the witness must be dealt with as for contempt of court.

      Sec. 20. NRS 281A.400 is hereby amended to read as follows:

      281A.400  A code of ethical standards is hereby established to govern the conduct of public officers and employees:

      1.  A public officer or employee shall not seek or accept any gift, service, favor, employment, engagement, emolument or economic opportunity , for the public officer or employee or any person to whom the public officer or employee has a commitment in a private capacity, which would tend improperly to influence a reasonable person in the public officer’s or employee’s position to depart from the faithful and impartial discharge of the public officer’s or employee’s public duties.

      2.  A public officer or employee shall not use the public officer’s or employee’s position in government to secure or grant unwarranted privileges, preferences, exemptions or advantages for the public officer or employee, any business entity in which the public officer or employee has a significant pecuniary interest [,] or any person to whom the public officer or employee has a commitment in a private capacity . [to the interests of that person.] As used in this subsection, “unwarranted” means without justification or adequate reason.

 


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ê2017 Statutes of Nevada, Page 2494 (Chapter 384, SB 84)ê

 

      3.  A public officer or employee shall not participate as an agent of government in the negotiation or execution of a contract between the government and the public officer or employee, any business entity in which the public officer or employee has a significant pecuniary interest [.] or any person to whom the public officer or employee has a commitment in a private capacity.

      4.  A public officer or employee shall not accept any salary, retainer, augmentation, expense allowance or other compensation from any private source , for the public officer or employee or any person to whom the public officer or employee has a commitment in a private capacity, for the performance of the public officer’s or employee’s duties as a public officer or employee.

      5.  If a public officer or employee acquires, through the public officer’s or employee’s public duties or relationships, any information which by law or practice is not at the time available to people generally, the public officer or employee shall not use the information to further a significant pecuniary interest of the public officer or employee or any other person or business entity.

      6.  A public officer or employee shall not suppress any governmental report or other official document because it might tend to affect unfavorably a significant pecuniary interest of the public officer or employee [.] or any person to whom the public officer or employee has a commitment in a private capacity.

      7.  Except for State Legislators who are subject to the restrictions set forth in subsection 8, a public officer or employee shall not use governmental time, property, equipment or other facility to benefit a significant personal or pecuniary interest of the public officer or employee [.] or any person to whom the public officer or employee has a commitment in a private capacity. This subsection does not prohibit:

      (a) A limited use of governmental property, equipment or other facility for personal purposes if:

             (1) The public officer or employee who is responsible for and has authority to authorize the use of such property, equipment or other facility has established a policy allowing the use or the use is necessary as a result of emergency circumstances;

             (2) The use does not interfere with the performance of the public officer’s or employee’s public duties;

             (3) The cost or value related to the use is nominal; and

             (4) The use does not create the appearance of impropriety;

      (b) The use of mailing lists, computer data or other information lawfully obtained from a governmental agency which is available to members of the general public for nongovernmental purposes; or

      (c) The use of telephones or other means of communication if there is not a special charge for that use.

Ê If a governmental agency incurs a cost as a result of a use that is authorized pursuant to this subsection or would ordinarily charge a member of the general public for the use, the public officer or employee shall promptly reimburse the cost or pay the charge to the governmental agency.

      8.  A State Legislator shall not:

      (a) Use governmental time, property, equipment or other facility for a nongovernmental purpose or for the private benefit of the State Legislator or any other person. This paragraph does not prohibit:

 


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ê2017 Statutes of Nevada, Page 2495 (Chapter 384, SB 84)ê

 

             (1) A limited use of state property and resources for personal purposes if:

                   (I) The use does not interfere with the performance of the State Legislator’s public duties;

                   (II) The cost or value related to the use is nominal; and

                   (III) The use does not create the appearance of impropriety;

             (2) The use of mailing lists, computer data or other information lawfully obtained from a governmental agency which is available to members of the general public for nongovernmental purposes; or

             (3) The use of telephones or other means of communication if there is not a special charge for that use.

      (b) Require or authorize a legislative employee, while on duty, to perform personal services or assist in a private activity, except:

             (1) In unusual and infrequent situations where the employee’s service is reasonably necessary to permit the State Legislator or legislative employee to perform that person’s official duties; or

             (2) Where such service has otherwise been established as legislative policy.

      9.  A public officer or employee shall not attempt to benefit a significant personal or pecuniary interest of the public officer or employee or any person to whom the public officer or employee has a commitment in a private capacity through the influence of a subordinate.

      10.  A public officer or employee shall not seek other employment or contracts for the public officer or employee or any person to whom the public officer or employee has a commitment in a private capacity through the use of the public officer’s or employee’s official position.

      Sec. 20.3. NRS 281A.410 is hereby amended to read as follows:

      281A.410  In addition to the requirements of the code of ethical standards and the other provisions of this chapter:

      1.  If a public officer or employee serves in a state agency of the Executive Department or an agency of any county, city or other political subdivision, the public officer or employee:

      (a) Shall not accept compensation from any private person to represent or counsel the private person on any issue pending before the agency in which that public officer or employee serves, if the agency makes decisions; and

      (b) If the public officer or employee leaves the service of the agency, shall not, for 1 year after leaving the service of the agency, represent or counsel for compensation a private person upon any issue which was under consideration by the agency during the public officer’s or employee’s service. As used in this paragraph, “issue” includes a case, proceeding, application, contract or determination, but does not include the proposal or consideration of legislative measures or administrative regulations.

      2.  Except as otherwise provided in subsection 3, a State Legislator or a member of a local legislative body, or a public officer or employee whose public service requires less than half of his or her time, may represent or counsel a private person before an agency in which he or she does not serve.

      3.  A member of a local legislative body shall not represent or counsel a private person for compensation before another local agency if the territorial jurisdiction of the other local agency includes any part of the county in which the member serves. The Commission may relieve the member from the strict application of the provisions of this subsection if:

 


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ê2017 Statutes of Nevada, Page 2496 (Chapter 384, SB 84)ê

 

      (a) The member [requests] files a request for an advisory opinion from the Commission pursuant to [subsection 1 of NRS 281A.440;] section 3.2 of this act; and

      (b) The Commission determines that such relief is not contrary to:

             (1) The best interests of the public;

             (2) The continued ethical integrity of each local agency affected by the matter; and

             (3) The provisions of this chapter.

      4.  For the purposes of subsection 3, the request for an advisory opinion, the advisory opinion and all meetings, hearings and proceedings of the Commission in such a matter are governed by the provisions of sections 3.1 to 3.5, inclusive, of this act.

      5.  Unless permitted by this section, a public officer or employee shall not represent or counsel a private person for compensation before any state agency of the Executive or Legislative Department.

      [5.  Not later than January 15 of each year, if any State Legislator, member of a local legislative body or other public officer permitted by this section has, within the preceding year, represented or counseled a private person for compensation before a state agency of the Executive Department, he or she shall disclose for each such representation or counseling during the previous calendar year:

      (a) The name of the client;

      (b) The nature of the representation; and

      (c) The name of the state agency.

      6.  The disclosure required by subsection 5 must be made in writing and filed with the Commission on a form prescribed by the Commission. For the purposes of this subsection, the disclosure is timely filed if, on or before the last day for filing, the disclosure is filed in one of the following ways:

      (a) Delivered in person to the principal office of the Commission in Carson City.

      (b) Mailed to the Commission by first-class mail, or other class of mail that is at least as expeditious, postage prepaid. Filing by mail is complete upon timely depositing the disclosure with the United States Postal Service.

      (c) Dispatched to a third-party commercial carrier for delivery to the Commission within 3 calendar days. Filing by third-party commercial carrier is complete upon timely depositing the disclosure with the third-party commercial carrier.

      (d) Transmitted to the Commission by facsimile machine or other electronic means authorized by the Commission. Filing by facsimile machine or other electronic means is complete upon receipt of the transmission by the Commission.

      7.  The Commission shall retain a disclosure filed pursuant to this section for 6 years after the date on which the disclosure was filed.]

      Sec. 20.5. NRS 281A.420 is hereby amended to read as follows:

      281A.420  1.  Except as otherwise provided in this section, a public officer or employee shall not approve, disapprove, vote, abstain from voting or otherwise act upon a matter:

      (a) Regarding which the public officer or employee has accepted a gift or loan;

      (b) In which the public officer or employee has a significant pecuniary interest; [or]

 


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ê2017 Statutes of Nevada, Page 2497 (Chapter 384, SB 84)ê

 

      (c) Which would reasonably be affected by the public officer’s or employee’s commitment in a private capacity to the interests of another person [,] ; or

      (d) Which would reasonably be related to the nature of any representation or counseling that the public officer or employee provided to a private person for compensation before another agency within the immediately preceding year, provided such representation or counseling is permitted by NRS 281A.410,

Ê without disclosing information concerning the gift or loan, the significant pecuniary interest [or] , the commitment in a private capacity to the interests of the other person or the nature of the representation or counseling of the private person that is sufficient to inform the public of the potential effect of the action or abstention upon the person who provided the gift or loan, upon the public officer’s or employee’s significant pecuniary interest, [or] upon the person to whom the public officer or employee has a commitment in a private capacity [.] or upon the private person who was represented or counseled by the public officer or employee. Such a disclosure must be made at the time the matter is considered. If the public officer or employee is a member of a body which makes decisions, the public officer or employee shall make the disclosure in public to the chair and other members of the body. If the public officer or employee is not a member of such a body and holds an appointive office, the public officer or employee shall make the disclosure to the supervisory head of the public officer’s or employee’s organization or, if the public officer holds an elective office, to the general public in the area from which the public officer is elected.

      2.  The provisions of subsection 1 do not require a public officer to disclose:

      (a) Any campaign contributions that the public officer reported in a timely manner pursuant to NRS 294A.120 or 294A.125; or

      (b) Any contributions to a legal defense fund that the public officer reported in a timely manner pursuant to NRS 294A.286.

      3.  Except as otherwise provided in this section, in addition to the requirements of subsection 1, a public officer shall not vote upon or advocate the passage or failure of, but may otherwise participate in the consideration of, a matter with respect to which the independence of judgment of a reasonable person in the public officer’s situation would be materially affected by:

      (a) The public officer’s acceptance of a gift or loan;

      (b) The public officer’s significant pecuniary interest; or

      (c) The public officer’s commitment in a private capacity to the interests of another person.

      4.  In interpreting and applying the provisions of subsection 3:

      (a) It must be presumed that the independence of judgment of a reasonable person in the public officer’s situation would not be materially affected by the public officer’s acceptance of a gift or loan, significant pecuniary interest or commitment in a private capacity to the interests of another person where the resulting benefit or detriment accruing to the public officer, or if the public officer has a commitment in a private capacity to the interests of another person, accruing to the other person, is not greater than that accruing to any other member of any general business, profession, occupation or group that is affected by the matter. The presumption set forth in this paragraph does not affect the applicability of the requirements set forth in subsection 1 relating to the duty of the public officer to make a proper disclosure [of the acceptance of a gift or loan, significant pecuniary interest or commitment in a private capacity to the interests of another person.]

 


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ê2017 Statutes of Nevada, Page 2498 (Chapter 384, SB 84)ê

 

forth in subsection 1 relating to the duty of the public officer to make a proper disclosure [of the acceptance of a gift or loan, significant pecuniary interest or commitment in a private capacity to the interests of another person.] at the time the matter is considered and in the manner required by subsection 1.

      (b) The Commission must give appropriate weight and proper deference to the public policy of this State which favors the right of a public officer to perform the duties for which the public officer was elected or appointed and to vote or otherwise act upon a matter, provided the public officer [has properly disclosed the public officer’s acceptance of a gift or loan, significant pecuniary interest or commitment in a private capacity to the interests of another person] makes a proper disclosure at the time the matter is considered and in the manner required by subsection 1. Because abstention by a public officer disrupts the normal course of representative government and deprives the public and the public officer’s constituents of a voice in governmental affairs, the provisions of this section are intended to require abstention only in clear cases where the independence of judgment of a reasonable person in the public officer’s situation would be materially affected by the public officer’s acceptance of a gift or loan, significant pecuniary interest or commitment in a private capacity to the interests of another person.

      5.  Except as otherwise provided in NRS 241.0355, if a public officer declares to the body or committee in which the vote is to be taken that the public officer will abstain from voting because of the requirements of this section, the necessary quorum to act upon and the number of votes necessary to act upon the matter, as fixed by any statute, ordinance or rule, is reduced as though the member abstaining were not a member of the body or committee.

      6.  The provisions of this section do not, under any circumstances:

      (a) Prohibit a member of a local legislative body from requesting or introducing a legislative measure; or

      (b) Require a member of a local legislative body to take any particular action before or while requesting or introducing a legislative measure.

      7.  The provisions of this section do not, under any circumstances, apply to State Legislators or allow the Commission to exercise jurisdiction or authority over State Legislators. The responsibility of a State Legislator to make disclosures concerning gifts, loans, interests or commitments and the responsibility of a State Legislator to abstain from voting upon or advocating the passage or failure of a matter are governed by the Standing Rules of the Legislative Department of State Government which are adopted, administered and enforced exclusively by the appropriate bodies of the Legislative Department of State Government pursuant to Section 6 of Article 4 of the Nevada Constitution.

      8.  As used in this section, “public officer” and “public employee” do not include a State Legislator.

      Sec. 20.7. NRS 281A.430 is hereby amended to read as follows:

      281A.430  1.  Except as otherwise provided in this section and NRS 218A.970 and 332.800, a public officer or employee shall not bid on or enter into a contract between an agency and any business entity in which the public officer or employee has a significant pecuniary interest.

      2.  A member of any board, commission or similar body who is engaged in the profession, occupation or business regulated by such board, commission or body may, in the ordinary course of his or her business, bid on or enter into a contract with an agency, except the board, commission or body on which he or she is a member, if the member has not taken part in developing the contract plans or specifications and the member will not be personally involved in opening, considering or accepting offers.

 


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ê2017 Statutes of Nevada, Page 2499 (Chapter 384, SB 84)ê

 

commission or body may, in the ordinary course of his or her business, bid on or enter into a contract with an agency, except the board, commission or body on which he or she is a member, if the member has not taken part in developing the contract plans or specifications and the member will not be personally involved in opening, considering or accepting offers.

      3.  A full- or part-time faculty member or employee of the Nevada System of Higher Education may bid on or enter into a contract with an agency, or may benefit financially or otherwise from a contract between an agency and a private entity, if the contract complies with the policies established by the Board of Regents of the University of Nevada pursuant to NRS 396.255.

      4.  Except as otherwise provided in subsection 2, 3 or 5, a public officer or employee may bid on or enter into a contract with an agency if:

      (a) The contracting process is controlled by the rules of open competitive bidding or the rules of open competitive bidding are not employed as a result of the applicability of NRS 332.112 or 332.148;

      (b) The sources of supply are limited;

      (c) The public officer or employee has not taken part in developing the contract plans or specifications; and

      (d) The public officer or employee will not be personally involved in opening, considering or accepting offers.

Ê If a public officer who is authorized to bid on or enter into a contract with an agency pursuant to this subsection is a member of the governing body of the agency, the public officer, pursuant to the requirements of NRS 281A.420, shall disclose the public officer’s interest in the contract and shall not vote on or advocate the approval of the contract.

      5.  A member of a local legislative body shall not, either individually or through any business entity in which the member has a significant pecuniary interest, sell goods or services to the local agency governed by his or her local legislative body unless:

      (a) The member, or the business entity in which the member has a significant pecuniary interest, offers the sole source of supply of the goods or services within the territorial jurisdiction of the local agency governed by his or her local legislative body;

      (b) The local legislative body includes in the public notice and agenda for the meeting at which it will consider the purchase of such goods or services a clear and conspicuous statement that it is considering purchasing such goods or services from one of its members, or from a business entity in which the member has a significant pecuniary interest;

      (c) At the meeting, the member discloses his or her significant pecuniary interest in the purchase of such goods or services and does not vote upon or advocate the approval of the matter pursuant to the requirements of NRS 281A.420; and

      (d) The local legislative body approves the purchase of such goods or services in accordance with all other applicable provisions of law.

      6.  The Commission may relieve a public officer or employee from the strict application of the provisions of this section if:

      (a) The public officer or employee [requests] files a request for an advisory opinion from the Commission pursuant to [subsection 1 of NRS 281A.440;] section 3.2 of this act; and

      (b) The Commission determines that such relief is not contrary to:

 


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             (1) The best interests of the public;

             (2) The continued ethical integrity of each agency affected by the matter; and

             (3) The provisions of this chapter.

      7.  For the purposes of subsection 6, the request for an advisory opinion, the advisory opinion and all meetings, hearings and proceedings of the Commission in such a matter are governed by the provisions of sections 3.1 to 3.5, inclusive, of this act.

      Sec. 21. (Deleted by amendment.)

      Sec. 21.5. NRS 281A.450 is hereby amended to read as follows:

      281A.450  1.  If [a request for an opinion is submitted to] an ethics complaint is filed with or initiated by the Commission concerning a present or former state officer or employee, unless the state officer or employee retains his or her legal counsel or the Attorney General tenders the defense of the state officer or employee to an insurer who, pursuant to a contract of insurance, is authorized to defend the state officer or employee, the Attorney General shall defend the state officer or employee or employ special counsel to defend the state officer or employee in any proceeding relating to the [request for the opinion] ethics complaint if:

      (a) The state officer or employee submits a written request for defense in the manner provided in NRS 41.0339; and

      (b) Based on the facts and allegations known to the Attorney General, the Attorney General determines that the act or omission on which the alleged violation is based:

             (1) Appears to be within the course and scope of public duty or employment of the state officer or employee; and

             (2) Appears to have been performed or omitted in good faith.

      2.  The Attorney General shall create a written record setting forth the basis for the Attorney General’s determination of whether to defend the state officer or employee pursuant to paragraph (b) of subsection 1. The written record is not admissible in evidence at trial or in any other judicial or administrative proceeding in which the state officer or employee is a party, except in connection with an application to withdraw as the attorney of record.

      Sec. 22.  NRS 281A.465 is hereby amended to read as follows:

      281A.465  In any matter in which the Commission disposes of [a request for an opinion] an ethics complaint by stipulation, agreed settlement or consent order [,] or in which the review panel approves a deferral agreement, the Commission or the review panel, as appropriate, shall treat comparable situations in a comparable manner and shall ensure that the disposition of the matter bears a reasonable relationship to the severity of the violation or alleged violation.

      Sec. 23. NRS 281A.475 is hereby amended to read as follows:

      281A.475  1.  [In] The Commission, in determining whether a violation of this chapter is a willful violation and, if so, the [amount of any civil] penalty to be imposed on a public officer or employee or former public officer or employee pursuant to NRS 281A.480 [,] or section 13 of this act, or the [Commission] review panel, in determining whether to approve a deferral agreement regarding an alleged violation, shall consider, without limitation:

 


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      (a) The seriousness of the violation or alleged violation, including, without limitation, the nature, circumstances, extent and gravity of the violation or alleged violation;

      (b) The number and history of previous warnings [issued to] , letters of caution or instruction, deferral agreements or violations or alleged violations of the provisions of this chapter [by] relating to the public officer or employee;

      (c) The cost to [the Commission to] conduct the investigation and any [hearing] meetings, hearings or other proceedings relating to the violation or alleged violation;

      (d) Any mitigating factors, including, without limitation, any self-reporting, prompt correction of the violation or alleged violation, any attempts to rectify the violation or alleged violation before any ethics complaint is filed and any cooperation by the public officer or employee in resolving the ethics complaint;

      (e) Any restitution or reimbursement paid to parties affected by the violation or alleged violation;

      (f) The extent of any financial gain resulting from the violation or alleged violation; and

      (g) Any other matter justice may require.

      2.  The factors set forth in this section are not exclusive or exhaustive, and the Commission or the review panel, as appropriate, may consider other factors in the disposition of the matter if they bear a reasonable relationship to the [Commission’s] determination of the severity of the violation or alleged violation.

      3.  In applying the factors set forth in this section, the Commission or the review panel, as appropriate, shall treat comparable situations in a comparable manner and shall ensure that the disposition of the matter bears a reasonable relationship to the severity of the violation or alleged violation.

      Sec. 24. NRS 281A.480 is hereby amended to read as follows:

      281A.480  1.  In addition to any other penalties provided by law and in accordance with the provisions of NRS 281A.475, the Commission may impose on a public officer or employee or former public officer or employee civil penalties:

      (a) Not to exceed $5,000 for a first willful violation of this chapter;

      (b) Not to exceed $10,000 for a separate act or event that constitutes a second willful violation of this chapter; and

      (c) Not to exceed $25,000 for a separate act or event that constitutes a third willful violation of this chapter.

      2.  In addition to any other penalties provided by law, if any person prevents, interferes with or attempts to prevent or interfere with any investigation or proceedings pursuant to this chapter or the discovery of a violation of this chapter, the Commission may, upon its own motion or upon the motion of the [person about whom an opinion was requested pursuant to NRS 281A.440, impose a] current or former public officer or employee who is the subject of the investigation or proceedings:

      (a) Impose on the person committing such an act a civil penalty not to exceed $5,000 ; and

      (b) If appropriate under the facts and circumstances, assess against the person committing such an act an amount equal to the amount of attorney’s fees and costs actually and reasonably incurred by the [person about whom an opinion was requested pursuant to NRS 281A.440 against a person who prevents, interferes with or attempts to prevent or interfere with the discovery or investigation of a violation of this chapter.]

 


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prevents, interferes with or attempts to prevent or interfere with the discovery or investigation of a violation of this chapter.] current or former public officer or employee as a result of the act.

      3.  If the Commission finds that a violation of a provision of this chapter by a public officer or employee or former public officer or employee has resulted in the realization of a financial benefit by the current or former public officer or employee or another person, the Commission may, in addition to any other penalties provided by law, require the current or former public officer or employee to pay a civil penalty of not more than twice the amount so realized.

      4.  In addition to any other penalties provided by law, if a proceeding results in an opinion that:

      (a) One or more willful violations of this chapter have been committed by a State Legislator removable from office only through expulsion by the State Legislator’s own House pursuant to Section 6 of Article 4 of the Nevada Constitution, the Commission shall:

             (1) If the State Legislator is a member of the Senate, submit the opinion to the Majority Leader of the Senate or, if the Majority Leader of the Senate is the subject of the opinion or the person who requested the opinion, to the President Pro Tempore of the Senate; or

             (2) If the State Legislator is a member of the Assembly, submit the opinion to the Speaker of the Assembly or, if the Speaker of the Assembly is the subject of the opinion or the person who requested the opinion, to the Speaker Pro Tempore of the Assembly.

      (b) One or more willful violations of this chapter have been committed by a state officer removable from office only through impeachment pursuant to Article 7 of the Nevada Constitution, the Commission shall submit the opinion to the Speaker of the Assembly and the Majority Leader of the Senate or, if the Speaker of the Assembly or the Majority Leader of the Senate is the person who requested the opinion, to the Speaker Pro Tempore of the Assembly or the President Pro Tempore of the Senate, as appropriate.

      (c) One or more willful violations of this chapter have been committed by a public officer other than a public officer described in paragraphs (a) and (b), the willful violations shall be deemed to be malfeasance in office for the purposes of NRS 283.440 and the Commission:

             (1) May file a complaint in the appropriate court for removal of the public officer pursuant to NRS 283.440 when the public officer is found in the opinion to have committed fewer than three willful violations of this chapter.

             (2) Shall file a complaint in the appropriate court for removal of the public officer pursuant to NRS 283.440 when the public officer is found in the opinion to have committed three or more willful violations of this chapter.

Ê This paragraph grants an exclusive right to the Commission, and no other person may file a complaint against the public officer pursuant to NRS 283.440 based on any violation found in the opinion.

      5.  Notwithstanding any other provision of this chapter, any act or failure to act by a public officer or employee or former public officer or employee relating to this chapter is not a willful violation of this chapter if the public officer or employee establishes by sufficient evidence that:

      (a) The public officer or employee relied in good faith upon the advice of the legal counsel retained by his or her public body, agency or employer; and

 


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      (b) The advice of the legal counsel was:

             (1) Provided to the public officer or employee before the public officer or employee acted or failed to act; and

             (2) Based on a reasonable legal determination by the legal counsel under the circumstances when the advice was given that the act or failure to act by the public officer or employee would not be contrary to [any prior published opinion issued by the Commission which was publicly available on the Internet website of the Commission.] the provisions of this chapter as interpreted by the Commission.

      6.  In addition to any other penalties provided by law, if a public employee [who] commits a willful violation of this chapter or fails to complete a period of compliance imposed by the Commission pursuant to section 13 of this act or by the review panel as part of the terms and conditions of a deferral agreement, the public employee is subject to disciplinary proceedings by the employer of the public employee and must be referred for action in accordance to the applicable provisions governing the employment of the public employee.

      7.  The provisions of this chapter do not abrogate or decrease the effect of the provisions of the Nevada Revised Statutes which define crimes or prescribe punishments with respect to the conduct of public officers or employees. If the Commission finds that a public officer or employee has committed a willful violation of this chapter which it believes may also constitute a criminal offense, the Commission shall refer the matter to the Attorney General or the district attorney, as appropriate, for a determination of whether a crime has been committed that warrants prosecution.

      8.  The imposition of a civil penalty pursuant to subsection 1, 2 or 3 is a final decision for the purposes of judicial review pursuant to NRS 233B.130.

      9.  A finding by the Commission that a public officer or employee has violated any provision of this chapter must be supported by a preponderance of the evidence unless a greater burden is otherwise prescribed by law.

      Sec. 25. NRS 281A.500 is hereby amended to read as follows:

      281A.500  1.  On or before the date on which a public officer swears or affirms the oath of office, the public officer must be informed of the statutory ethical standards and the duty to file an acknowledgment of the statutory ethical standards in accordance with this section by:

      (a) For an appointed public officer, the appointing authority of the public officer; and

      (b) For an elected public officer of:

             (1) The county and other political subdivisions within the county except cities, the county clerk;

             (2) The city, the city clerk;

             (3) The Legislative Department of the State Government, the Director of the Legislative Counsel Bureau; and

             (4) The Executive Department of the State Government, the Director of the Department of Administration, or his or her designee.

      2.  Within 30 days after a public employee begins employment:

      (a) The Director of the Department of Administration, or his or her designee, shall provide each new public employee of a state agency with the information prepared by the Commission concerning the statutory ethical standards; and

      (b) The manager of each local agency, or his or her designee, shall provide each new public employee of the local agency with the information prepared by the Commission concerning the statutory ethical standards.

 


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      3.  Each public officer shall acknowledge that the public officer:

      (a) Has received, read and understands the statutory ethical standards; and

      (b) Has a responsibility to inform himself or herself of any amendments to the statutory ethical standards as soon as reasonably practicable after each session of the Legislature.

      4.  The acknowledgment must be executed on a form prescribed by the Commission and must be filed with the Commission:

      (a) If the public officer is elected to office at the general election, on or before January 15 of the year following the public officer’s election.

      (b) If the public officer is elected to office at an election other than the general election or is appointed to office, on or before the 30th day following the date on which the public officer swears or affirms the oath of office.

      5.  Except as otherwise provided in this subsection, a public officer shall execute and file the acknowledgment once for each term of office. If the public officer serves at the pleasure of the appointing authority and does not have a definite term of office, the public officer, in addition to executing and filing the acknowledgment after the public officer swears or affirms the oath of office in accordance with subsection 4, shall execute and file the acknowledgment on or before January 15 of each even-numbered year while the public officer holds that office.

      6.  For the purposes of this section, the acknowledgment is timely filed if, on or before the last day for filing, the acknowledgment is filed in one of the following ways:

      (a) Delivered in person to the principal office of the Commission in Carson City.

      (b) Mailed to the Commission by first-class mail, or other class of mail that is at least as expeditious, postage prepaid. Filing by mail is complete upon timely depositing the acknowledgment with the United States Postal Service.

      (c) Dispatched to a third-party commercial carrier for delivery to the Commission within 3 calendar days. Filing by third-party commercial carrier is complete upon timely depositing the acknowledgment with the third-party commercial carrier.

      (d) Transmitted to the Commission by facsimile machine or other electronic means authorized by the Commission. Filing by facsimile machine or other electronic means is complete upon receipt of the transmission by the Commission.

      7.  If a public officer is serving in a public office and executes and files the acknowledgment for that office as required by the applicable provisions of this section, the public officer shall be deemed to have satisfied the requirements of this section for any other office held concurrently by him or her.

      8.  The form for making the acknowledgment must contain:

      (a) The address of the Internet website of the Commission where a public officer may view the statutory ethical standards and print a copy of the standards; and

      (b) The telephone number and mailing address of the Commission where a public officer may make a request to obtain a printed copy of the statutory ethical standards from the Commission.

 


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      [8.]9.  Whenever the Commission, or any public officer or employee as part of the public officer’s or employee’s official duties, provides a public officer with a printed copy of the form for making the acknowledgment, a printed copy of the statutory ethical standards must be included with the form.

      [9.]10.  The Commission shall retain each acknowledgment filed pursuant to this section for 6 years after the date on which the acknowledgment was filed.

      [10.]11.  Willful refusal to execute and file the acknowledgment required by this section shall be deemed to be:

      (a) A willful violation of this chapter for the purposes of NRS 281A.480 [;] and section 13 of this act; and

      (b) Nonfeasance in office for the purposes of NRS 283.440 and, if the public officer is removable from office pursuant to NRS 283.440, the Commission may file a complaint in the appropriate court for removal of the public officer pursuant to that section. This paragraph grants an exclusive right to the Commission, and no other person may file a complaint against the public officer pursuant to NRS 283.440 based on any violation of this section.

      [11.]12.  As used in this section, “general election” has the meaning ascribed to it in NRS 293.060.

      Sec. 26. NRS 281A.510 is hereby amended to read as follows:

      281A.510  1.  A public officer or public employee shall not accept or receive an honorarium.

      2.  An honorarium paid on behalf of a public officer or public employee to a charitable organization from which the officer or employee does not derive any financial benefit is deemed not to be accepted or received by the officer or employee for the purposes of this section.

      3.  This section does not prohibit:

      (a) The receipt of payment for work performed outside the normal course of a person’s public office or employment if the performance of that work is consistent with the applicable policies of the person’s public employer regarding supplemental employment.

      (b) The receipt of an honorarium by the spouse of a public officer or public employee if it is related to the spouse’s profession or occupation.

      4.  As used in this section, “honorarium” means the payment of money or anything of value for an appearance or speech by the public officer or public employee in the officer’s or employee’s capacity as a public officer or public employee. The term does not include the payment of:

      (a) The actual and necessary costs incurred by the public officer or public employee, the officer’s or employee’s spouse or the officer’s or employee’s aid for transportation and for lodging and meals while the public officer or public employee is away from the officer’s or employee’s residence.

      (b) Compensation which would otherwise have been earned by the public officer or public employee in the normal course of the officer’s or employee’s public office or employment.

      (c) A fee for a speech related to the officer’s or employee’s profession or occupation outside of the officer’s or employee’s public office or employment if:

 


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             (1) Other members of the profession or occupation are ordinarily compensated for such a speech; and

             (2) The fee paid to the public officer or public employee is approximately the same as the fee that would be paid to a member of the private sector whose qualifications are similar to those of the officer or employee for a comparable speech.

      (d) A fee for a speech delivered to an organization of legislatures, legislators or other elected officers.

      5.  In addition to any other [penalty imposed pursuant to NRS 281A.480,] penalties provided by law, a public officer or public employee who violates the provisions of this section shall forfeit the amount of the honorarium.

      Sec. 27. NRS 281A.550 is hereby amended to read as follows:

      281A.550  1.  A former member of the Public Utilities Commission of Nevada shall not:

      (a) Be employed by a public utility or parent organization or subsidiary of a public utility; or

      (b) Appear before the Public Utilities Commission of Nevada to testify on behalf of a public utility or parent organization or subsidiary of a public utility,

Ê for 1 year after the termination of the member’s service on the Public Utilities Commission of Nevada.

      2.  A former member of the Nevada Gaming Control Board or the Nevada Gaming Commission shall not:

      (a) Appear before the Nevada Gaming Control Board or the Nevada Gaming Commission on behalf of a person who holds a license issued pursuant to chapter 463 or 464 of NRS or who is required to register with the Nevada Gaming Commission pursuant to chapter 463 of NRS; or

      (b) Be employed by such a person,

Ê for 1 year after the termination of the member’s service on the Nevada Gaming Control Board or the Nevada Gaming Commission.

      3.  In addition to the prohibitions set forth in subsections 1 and 2, and except as otherwise provided in subsections 4 and 6, a former public officer or employee of a board, commission, department, division or other agency of the Executive Department of State Government, except a clerical employee, shall not solicit or accept employment from a business or industry whose activities are governed by regulations adopted by the board, commission, department, division or other agency for 1 year after the termination of the former public officer’s or employee’s service or period of employment if:

      (a) The former public officer’s or employee’s principal duties included the formulation of policy contained in the regulations governing the business or industry;

      (b) During the immediately preceding year, the former public officer or employee directly performed activities, or controlled or influenced an audit, decision, investigation or other action, which significantly affected the business or industry which might, but for this section, employ the former public officer or employee; or

      (c) As a result of the former public officer’s or employee’s governmental service or employment, the former public officer or employee possesses knowledge of the trade secrets of a direct business competitor.

 


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      4.  The provisions of subsection 3 do not apply to a former public officer who was a member of a board, commission or similar body of the State if:

      (a) The former public officer is engaged in the profession, occupation or business regulated by the board, commission or similar body;

      (b) The former public officer holds a license issued by the board, commission or similar body; and

      (c) Holding a license issued by the board, commission or similar body is a requirement for membership on the board, commission or similar body.

      5.  Except as otherwise provided in subsection 6, a former public officer or employee of the State or a political subdivision, except a clerical employee, shall not solicit or accept employment from a person to whom a contract for supplies, materials, equipment or services was awarded by the State or political subdivision, as applicable, for 1 year after the termination of the officer’s or employee’s service or period of employment, if:

      (a) The amount of the contract exceeded $25,000;

      (b) The contract was awarded within the 12-month period immediately preceding the termination of the officer’s or employee’s service or period of employment; and

      (c) The position held by the former public officer or employee at the time the contract was awarded allowed the former public officer or employee to affect or influence the awarding of the contract.

      6.  A current or former public officer or employee may file a request [that the Commission apply] for an advisory opinion pursuant to section 3.2 of this act concerning the application of the relevant facts in that person’s case to the provisions of subsection 3 or 5, as applicable, and determine whether relief from the strict application of those provisions is proper. If the Commission determines that relief from the strict application of the provisions of subsection 3 or 5, as applicable, is not contrary to:

      (a) The best interests of the public;

      (b) The continued ethical integrity of the State Government or political subdivision, as applicable; and

      (c) The provisions of this chapter,

Ê it may issue an advisory opinion to that effect and grant such relief. [The]

      7.  For the purposes of subsection 6, the request for an advisory opinion, the advisory opinion and all meetings, hearings and proceedings of the Commission in such a [case is final and subject to judicial review pursuant to NRS 233B.130, except that a proceeding regarding this review must be held in closed court without admittance of persons other than those necessary to the proceeding, unless this right to confidential proceedings is waived by the current or former public officer or employee.

      7.  Each request for an opinion that a current or former public officer or employee submits to the Commission pursuant to subsection 6, each opinion rendered by the Commission in response to such a request and any motion, determination, evidence or record of a hearing relating to such a request are confidential unless the current or former public officer or employee who requested the opinion:

      (a) Acts in contravention of the opinion, in which case the Commission may disclose the request for the opinion, the contents of the opinion and any motion, evidence or record of a hearing related thereto;

 


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      (b) Discloses the request for the opinion, the contents of the opinion or any motion, evidence or record of a hearing related thereto in any manner except to:

             (1) The public body, agency or employer of the public officer or employee or a prospective employer of the public officer or employee; or

             (2) Any person to whom the Commission authorizes the current or former public officer or employee to make such a disclosure; or

      (c) Requests the Commission to disclose the request for the opinion, the contents of the opinion, or any motion, evidence or record of a hearing related thereto.

      8.  A meeting or hearing that the Commission or an investigatory panel holds to receive information or evidence concerning the propriety of the conduct of a current or former public officer or employee pursuant to this section and the deliberations of the Commission and the investigatory panel on such information or evidence are not subject to the provisions of chapter 241 of NRS.] matter are governed by the provisions of sections 3.1 to 3.5, inclusive, of this act.

      8.  The advisory opinion does not relieve the current or former public officer or employee from the strict application of any provision of NRS 281A.410.

      9.  For the purposes of this section:

      (a) A former member of the Public Utilities Commission of Nevada, the Nevada Gaming Control Board or the Nevada Gaming Commission; or

      (b) Any other former public officer or employee governed by this section,

Ê is employed by or is soliciting or accepting employment from a business, industry or other person described in this section if any oral or written agreement is sought, negotiated or exists during the restricted period pursuant to which the personal services of the public officer or employee are provided or will be provided to the business, industry or other person, even if such an agreement does not or will not become effective until after the restricted period.

      10.  As used in this section, “regulation” has the meaning ascribed to it in NRS 233B.038 and also includes regulations adopted by a board, commission, department, division or other agency of the Executive Department of State Government that is exempted from the requirements of chapter 233B of NRS.

      Sec. 28. 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.

 


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ê2017 Statutes of Nevada, Page 2509 (Chapter 384, SB 84)ê

 

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, 706.1725, 706A.230, 710.159, 711.600, and sections 3.3, 3.4, 8, 9 and 12.5 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.

 


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ê2017 Statutes of Nevada, Page 2510 (Chapter 384, SB 84)ê

 

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. 29. NRS 241.016 is hereby amended to read as follows:

      241.016  1.  The meetings of a public body that are quasi-judicial in nature are subject to the provisions of this chapter.

      2.  The following are exempt from the requirements of this chapter:

      (a) The Legislature of the State of Nevada.

      (b) Judicial proceedings, including, without limitation, proceedings before the Commission on Judicial Selection and, except as otherwise provided in NRS 1.4687, the Commission on Judicial Discipline.

      (c) Meetings of the State Board of Parole Commissioners when acting to grant, deny, continue or revoke the parole of a prisoner or to establish or modify the terms of the parole of a prisoner.

      3.  Any provision of law, including, without limitation, NRS 91.270, 219A.210, 239C.140, 281A.350, [281A.440, 281A.550,] 284.3629, 286.150, 287.0415, 288.220, 289.387, 295.121, 360.247, 388.261, 388A.495, 388C.150, 392.147, 392.467, 394.1699, 396.3295, 433.534, 435.610, 463.110, 622.320, 622.340, 630.311, 630.336, 639.050, 642.518, 642.557, 686B.170, 696B.550, 703.196 and 706.1725, and sections 3.5, 5.5 and 11 of this act which:

      (a) Provides that any meeting, hearing or other proceeding is not subject to the provisions of this chapter; or

      (b) Otherwise authorizes or requires a closed meeting, hearing or proceeding,

Ê prevails over the general provisions of this chapter.

      4.  The exceptions provided to this chapter, and electronic communication, must not be used to circumvent the spirit or letter of this chapter to deliberate or act, outside of an open and public meeting, upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.

 


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ê2017 Statutes of Nevada, Page 2511 (Chapter 384, SB 84)ê

 

chapter to deliberate or act, outside of an open and public meeting, upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.

      Sec. 29.5. 1.  Except as otherwise provided in this section, the Commission on Ethics:

      (a) Shall apply the amendatory provisions of this act which govern the procedures applicable to administrative proceedings arising under chapter 281A of NRS to any such proceedings that are within the jurisdiction of the Commission and are commenced on or after July 1, 2017, whether or not the conduct at issue in such proceedings occurred before July 1, 2017.

      (b) May apply the amendatory provisions of this act which govern the procedures applicable to administrative proceedings arising under chapter 281A of NRS to any such proceedings that were commenced before July 1, 2017, and are still within the jurisdiction of the Commission and pending before the Commission on July 1, 2017, unless the Commission determines that such an application would be impracticable, unreasonable or unconstitutional under the circumstances, in which case the Commission shall apply the procedures in effect before July 1, 2017.

      2.  The amendatory provisions of:

      (a) Sections 20, 20.3, 20.5, 20.7 and 27 of this act do not apply to any conduct occurring before July 1, 2017.

      (b) Sections 15.7 and 16 of this act do not apply to any conduct occurring before January 1, 2018.

      Sec. 30. NRS 281A.108 and 281A.440 are hereby repealed.

      Sec. 31.  1.  This section and sections 1 to 15.5, inclusive, and 16.5 to 30, inclusive, of this act become effective on July 1, 2017.

      2.  Sections 15.7 and 16 of this act become effective on January 1, 2018.

________

CHAPTER 385, SB 162

Senate Bill No. 162–Senator Gansert

 

CHAPTER 385

 

[Approved: June 5, 2017]

 

AN ACT relating to psychology; requiring the registration of psychological assistants by the Board of Psychological Examiners; authorizing the registration of psychological interns and psychological trainees by the Board; requiring an applicant for such a registration to submit an application, an application fee and his or her fingerprints; prescribing the fee for the initial registration and renewal of such a registration; requiring a licensed psychologist to supervise any activity or service provided by a psychological assistant, psychological intern or psychological trainee; authorizing a psychologist who supervises the performance of certain services by a registered psychological assistant, psychological intern or psychological trainee to be reimbursed for such services under the State Plan for Medicaid, to the extent authorized by federal law; and providing other matters properly relating thereto.

 


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ê2017 Statutes of Nevada, Page 2512 (Chapter 385, SB 162)ê

 

Legislative Counsel’s Digest:

      Existing law provides for the licensure of psychologists by the Board of Psychological Examiners. (NRS 641.160, 641.170) Under existing regulations: (1) a person who wishes to obtain certain postdoctoral experience in psychology must register with the Board as a psychological assistant and perform certain activities only under the supervision of a licensed psychologist; and (2) a person who is in a doctoral program in psychology and who is engaged in an internship is not required to register with the Board but may perform certain activities under the supervision of a licensed psychologist. (NAC 641.1507-641.161)

      Sections 1-10 of this bill provide for the registration of psychological assistants, psychological interns and psychological trainees. Section 5 of this bill: (1) requires a person who wishes to obtain certain postdoctoral experience in psychology to register with the Board as a psychological assistant; (2) authorizes a person who is in a doctoral program or certain doctorate-level training in psychology and who wishes to engage in an internship to register with the Board as a psychological intern; and (3) authorizes a person who is in a doctoral program or certain doctorate-level training and who wishes to perform certain activities or services which are not part of an internship program to register with the Board as a psychological trainee. Section 5 further requires an applicant for such a registration to submit to the Board: (1) an application; (2) an application fee; and (3) a complete set of fingerprints and a fee for obtaining a criminal background check on the applicant. Finally, section 5 sets forth the period for which a registration as a psychological assistant, psychological intern or psychological trainee is valid and the circumstances under which such a registration may be renewed.

      Section 9.5 of this bill establishes a fee of not more than $250 for the initial registration of a psychological assistant, psychological intern or psychological trainee and a fee of not more than $150 for the renewal of such a registration. However, under section 9.5, the Board is required to waive the fee for the initial registration as a psychological assistant, psychological intern or psychological trainee if the applicant has previously been registered as a psychological assistant, psychological intern or psychological trainee.

      Section 9 of this bill requires an applicant for a registration to include in the application his or her social security number and a statement relating to compliance with certain child support orders. Section 10 of this bill requires the Board to suspend a registration if the registered person fails to comply with certain requirements related to child support orders. Under section 5, a person registered as a psychological assistant, psychological intern or psychological trainee is authorized to perform professional activities and services only under the supervision of a licensed psychologist. Section 7 of this bill authorizes the Board to adopt regulations relating to the registration of persons as psychological assistants, psychological interns and psychological trainees, and to suspend or revoke such a registration under certain circumstances.

      Existing law requires the Director of the Department of Health and Human Services to adopt a State Plan for Medicaid, to be implemented by the Division of Health Care Financing and Policy of the Department. (NRS 422.063) Existing law also requires that various services rendered by certain providers of health care be reimbursable under the State Plan for Medicaid. (NRS 422.2717-422.27241) Section 11 of this bill authorizes the Department, through the Division and to the extent authorized by federal law, to reimburse a psychologist for certain services rendered by a registered psychological assistant, psychological intern or psychological trainee under the supervision of the psychologist.

 


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ê2017 Statutes of Nevada, Page 2513 (Chapter 385, SB 162)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 641 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2. “Psychological assistant” means a person registered with the Board as a psychological assistant pursuant to subsection 1 of section 5 of this act.

      Sec. 3. “Psychological intern” means a person registered with the Board as a psychological intern pursuant to subsection 2 of section 5 of this act.

      Sec. 4. “Psychological trainee” means a person registered with the Board as a psychological trainee pursuant to subsection 3 of section 5 of this act.

      Sec. 5. 1.  A person who wishes to obtain any postdoctoral supervised experience that is required for licensure as a psychologist pursuant to paragraph (e) of subsection 1 of NRS 641.170 must register with the Board as a psychological assistant.

      2.  A person who:

      (a) Is in a doctoral training program in psychology at an accredited educational institution approved by the Board or in doctorate-level training from an accredited educational institution deemed equivalent by the Board in both subject matter and extent of training; and

      (b) Wishes to engage in a predoctoral internship pursuant to the requirements of the training program,

Ê may register with the Board as a psychological intern.

      3.  A person who:

      (a) Is in a doctoral training program in psychology at an accredited educational institution approved by the Board or in doctorate-level training from an accredited educational institution deemed equivalent by the Board in both subject matter and extent of training; and

      (b) Wishes to perform professional activities or services under the supervision of a psychologist,

Ê may register with the Board as a psychological trainee.

      4.  A person desiring to register as a psychological assistant, psychological intern or psychological trainee must:

      (a) Make application to the Board on a form, and in a manner, prescribed by the Board. The application must be accompanied by the application fee prescribed by the Board and include all information required to complete the application.

      (b) As part of the application and at his or her own expense:

             (1) Arrange to have a complete set of fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Board; and

             (2) Submit to the Board:

                   (I) A complete set of fingerprints, a fee for the processing of fingerprints established by the Board and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background, and to such other law enforcement agencies as the Board deems necessary for a report on the applicant’s background; or

 


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ê2017 Statutes of Nevada, Page 2514 (Chapter 385, SB 162)ê

 

Investigation for a report on the applicant’s background, and to such other law enforcement agencies as the Board deems necessary for a report on the applicant’s background; or

                   (II) Written verification, on a form prescribed by the Board, stating that the set of fingerprints of the applicant was taken and directly forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History and that the applicant provided written permission authorizing the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background, and to such other law enforcement agencies as the Board deems necessary for a report on the applicant’s background.

      5.  The Board may:

      (a) Unless the applicant’s fingerprints are directly forwarded pursuant to sub-subparagraph (II) of subparagraph (2) of paragraph (b) of subsection 4, submit those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Board deems necessary; and

      (b) Request from each agency to which the Board submits the fingerprints any information regarding the applicant’s background as the Board deems necessary.

      6.  An application for initial registration as a psychological assistant, psychological intern or psychological trainee is not considered complete and received until the Board receives a complete set of fingerprints or verification that the fingerprints have been forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History, and written authorization from the applicant pursuant to this section.

      7.  A registration as a:

      (a) Psychological assistant expires 1 year after the date of registration unless the registration is renewed pursuant to subsection 8. A registration as a psychological assistant may not be renewed if the renewal would cause the psychological assistant to be registered as a psychological assistant for more than 3 years unless otherwise approved by the Board.

      (b) Psychological intern expires 2 years after the date of registration and may not be renewed unless otherwise approved by the Board.

      (c) Psychological trainee expires 2 years after the date of registration unless the registration is renewed pursuant to subsection 8. A registration as a psychological trainee may not be renewed if the renewal would cause the psychological trainee to be registered as a psychological trainee for more than 5 years unless otherwise approved by the Board.

      8.  To renew a registration as a psychological assistant, psychological intern or psychological trainee, the registrant must, on or before the expiration of the registration:

      (a) Apply to the Board for renewal;

      (b) Pay the fee prescribed by the Board pursuant to NRS 641.228 for the renewal of a registration as a psychological assistant, psychological intern or psychological trainee; and

      (c) Submit all information required to complete the renewal.

 


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ê2017 Statutes of Nevada, Page 2515 (Chapter 385, SB 162)ê

 

      9.  Any activity or service performed by a psychological assistant, psychological intern or psychological trainee must be performed under the supervision of a psychologist in accordance with regulations adopted by the Board.

      Sec. 6. NRS 641.020 is hereby amended to read as follows:

      641.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 641.0202 to 641.027, inclusive, and sections 2, 3 and 4 of this act and 689A.0435 have the meanings ascribed to them in those sections.

      Sec. 7. NRS 641.100 is hereby amended to read as follows:

      641.100  The Board may make and promulgate rules and regulations not inconsistent with the provisions of this chapter governing its procedure, the examination and licensure of applicants, the granting, refusal, revocation or suspension of licenses, the registration of persons as psychological assistants, psychological interns or psychological trainees, the practice of psychology and the practice of applied behavior analysis.

      Sec. 8. NRS 641.110 is hereby amended to read as follows:

      641.110  1.  The Board may, under the provisions of this chapter:

      (a) Examine and pass upon the qualifications of the applicants for licensure.

      (b) License qualified applicants.

      (c) Register a person as a psychological assistant, psychological intern or psychological trainee.

      (d) Revoke or suspend licenses [.] and registrations.

      [(d)](e) Collect all fees and make disbursements pursuant to this chapter.

      2.  The member of the Board who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the Board.

      Sec. 9. NRS 641.175 is hereby amended to read as follows:

      641.175  1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a license or registration shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license or registration shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Board shall include the statement required pursuant to subsection 1 in:

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

      (b) A separate form prescribed by the Board.

      3.  A license or registration may not be issued or renewed by the Board if the applicant:

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

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

 


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ê2017 Statutes of Nevada, Page 2516 (Chapter 385, SB 162)ê

 

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 9.5. NRS 641.228 is hereby amended to read as follows:

      641.228  1.  The Board shall charge and collect not more than the following fees respectively:

 

For the national examination, in addition to the actual cost to the Board of the examination      $100

For any other examination required pursuant to the provisions of subsection 1 of NRS 641.180, in addition to the actual costs to the Board of the examination.......................................... 100

For the issuance of an initial license, including a license by endorsement     25

For the biennial renewal of a license of a psychologist..................... 500

For the biennial renewal of a license of a licensed behavior analyst 400

For the biennial renewal of a license of a licensed assistant behavior analyst   275

For the restoration of a license suspended for the nonpayment of the biennial fee for the renewal of a license  100

For the registration of a firm, partnership or corporation which engages in or offers to engage in the practice of psychology.......................................................................................... 300

For the registration of a nonresident to practice as a consultant..... 100

For the initial registration of a psychological assistant, psychological intern or psychological trainee    250

For the renewal of a registration of a psychological assistant, psychological intern or psychological trainee      150

 

      2.  An applicant who passes the national examination and any other examination required pursuant to the provisions of subsection 1 of NRS 641.180 and who is eligible for a license as a psychologist shall pay the biennial fee for the renewal of a license, which must be prorated for the period from the date the license is issued to the end of the biennium.

      3.  An applicant who passes the examination and is eligible for a license as a behavior analyst or assistant behavior analyst shall pay the biennial fee for the renewal of a license, which must be prorated for the period from the date the license is issued to the end of the biennium.

      4.  Except as otherwise provided in subsections 5 and 6 and NRS 641.195, in addition to the fees set forth in subsection 1, the Board may charge and collect a fee for the expedited processing of a request or for any other incidental service it provides. The fee must not exceed the cost to provide the service.

 


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ê2017 Statutes of Nevada, Page 2517 (Chapter 385, SB 162)ê

 

      5.  If an applicant submits an application for a license by endorsement pursuant to NRS 641.195, the Board shall charge and collect not more than the fee specified in subsection 1 for the issuance of an initial license.

      6.  If an applicant submits an application for a license by endorsement pursuant to NRS 641.196, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license.

      7.  If an applicant submits an application for initial registration as a psychological assistant, psychological intern or psychological trainee pursuant to section 5 of this act and the applicant has previously been registered as a psychological assistant, psychological intern or psychological trainee, the Board must waive the fee set forth in subsection 1 for the initial registration.

      Sec. 10. NRS 641.242 is hereby amended to read as follows:

      641.242  1.  If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license or registration issued pursuant to this chapter, the Board shall deem the license or registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license or registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Board shall reinstate a license or registration issued pursuant to this chapter that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license or registration was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 11. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department, through the Division, may reimburse, under the State Plan for Medicaid and to the extent authorized by the Federal Government, any psychologist licensed pursuant to chapter 641 of NRS who supervises a psychological assistant, psychological intern or psychological trainee for such services rendered under the authorized scope of practice of the psychological assistant, psychological intern or psychological trainee to persons eligible to receive that assistance if another provider of health care would be reimbursed for providing those same services.

      2.  As used in this section:

      (a) “Psychological assistant” has the meaning ascribed to it in section 2 of this act.

      (b) “Psychological intern” has the meaning ascribed to it in section 3 of this act.

      (c) “Psychological trainee” has the meaning ascribed to it in section 4 of this act.

      Sec. 12.  This act becomes effective on July 1, 2017.

________

 


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ê2017 Statutes of Nevada, Page 2518ê

 

CHAPTER 386, SB 260

Senate Bill No. 260–Committee on Commerce, Labor and Energy

 

CHAPTER 386

 

[Approved: June 5, 2017]

 

AN ACT relating to pharmacists; authorizing a pharmacist who has entered into a valid collaborative practice agreement to engage in the collaborative practice of pharmacy and collaborative drug therapy management under certain conditions; requiring a pharmacist who engages in the collaborative practice of pharmacy to maintain certain records; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a pharmacist to implement, monitor and modify drug therapy pursuant to written guidelines developed by the pharmacist in collaboration with a practitioner. (NRS 639.2809) Section 4 of this bill authorizes a pharmacist to engage in the collaborative practice of pharmacy or collaborative drug therapy management pursuant to a collaborative practice agreement entered into with one or more practitioners who practice within 100 miles of the primary location where the pharmacist practices in this State. Section 3 of this bill defines the term “collaborative practice of pharmacy” to mean the performance of tests to address chronic diseases and public health issues. Section 1.5 of this bill defines the term “collaborative drug therapy management” to mean the initiating, monitoring, modifying or discontinuing of a patient’s drug therapy. Section 4 requires a practitioner to agree to obtain the informed, written consent of his or her patients that are referred to a pharmacist pursuant to a collaborative practice agreement for collaborative drug therapy management. Section 4 also requires a pharmacist who engages in the collaborative practice of pharmacy pursuant to a collaborative practice agreement to keep certain records and obtain the informed, written consent of his or her patients. Section 5 of this bill prescribes the contents and duration of a collaborative practice agreement. Section 8 of this bill clarifies that the activities authorized by this bill constitute the practice of pharmacy. Sections 7 and 9-11 of this bill make conforming changes.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 to 6, inclusive, of this act.

      Sec. 1.5. “Collaborative drug therapy management” means initiating, monitoring, modifying or discontinuing a patient’s drug therapy by one or more pharmacists under the supervision of one or more practitioners in accordance with a collaborative practice agreement.

      Sec. 2. “Collaborative practice agreement” means an agreement that meets the requirements of section 5 of this act between one or more pharmacists and one or more practitioners which authorizes a pharmacist to engage in the collaborative practice of pharmacy or collaborative drug therapy management.

      Sec. 3. “Collaborative practice of pharmacy” means the performance of tests to address chronic diseases and public health issues, including, without limitation, outbreaks and occurrences of specific diseases and disorders, by one or more pharmacists in collaboration with one or more practitioners in accordance with a collaborative practice agreement.

 


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disorders, by one or more pharmacists in collaboration with one or more practitioners in accordance with a collaborative practice agreement.

      Sec. 4. 1.  Except as otherwise provided in subsection 5, a pharmacist who has entered into a valid collaborative practice agreement may engage in the collaborative practice of pharmacy or collaborative drug therapy management at any location in this State.

      2.  To enter into a collaborative practice agreement, a practitioner must:

      (a) Be licensed in good standing to practice his or her profession in this State;

      (b) Agree to maintain an ongoing relationship with a patient who is referred by the practitioner to a pharmacist pursuant to a collaborative practice agreement for collaborative drug therapy management;

      (c) Agree to obtain the informed, written consent from a patient who is referred by the practitioner to a pharmacist pursuant to a collaborative practice agreement for collaborative drug therapy management; and

      (d) Except as otherwise provided in this paragraph, actively practice his or her profession within 100 miles of the primary location where the collaborating pharmacist practices in this State. A practitioner and pharmacist may submit a written request to the Board for an exemption from the requirements of this paragraph. The Board may grant such a request upon a showing of good cause.

      3.  A pharmacist who engages in the collaborative practice of pharmacy shall:

      (a) Except as otherwise provided in paragraph (b), document any treatment or care provided to a patient pursuant to a collaborative practice agreement after providing such treatment or care in the medical record of the patient, on the chart of the patient or in a separate log book;

      (b) Document in the medical record of the patient, on the chart of the patient or in a separate log book any decision or action concerning the management of drug therapy pursuant to a collaborative practice agreement after making such a decision or taking such an action;

      (c) Maintain all records concerning the care or treatment provided to a patient pursuant to a collaborative practice agreement in written or electronic form for at least 7 years;

      (d) Comply with all provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, the regulations adopted pursuant thereto, and all other federal and state laws and regulations concerning the privacy of information regarding health care; and

      (e) Provide a patient with written notification of:

             (1) Any test administered by the pharmacist and the results of such a test;

             (2) The name of any drug or prescription filled and dispensed by the pharmacist to the patient; and

             (3) The contact information of the pharmacist.

      4.  A pharmacist shall obtain the informed, written consent of a patient before engaging in the collaborative practice of pharmacy on behalf of the patient. Such written consent must include, without limitation, a statement that the pharmacist:

      (a) May initiate, modify or discontinue the medication of the patient pursuant to a collaborative practice agreement;

 


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      (b) Is not a physician, osteopathic physician, advanced practice registered nurse or physician assistant; and

      (c) May not diagnose.

      5.  A practitioner may not enter into a collaborative practice agreement with a pharmacist for the management of controlled substances.

      6.  A pharmacy must not require a registered pharmacist, as a condition of employment, to enter into a collaborative practice agreement.

      Sec. 5. 1.  A collaborative practice agreement must be signed by each practitioner and pharmacist who enter into the agreement and submitted to the Board in written and electronic form. A collaborative practice agreement must include:

      (a) A description of the types of decisions concerning the management of drug therapy that the pharmacist is authorized to make, which may include a specific description of the diseases and drugs for which the pharmacist is authorized to manage drug therapy;

      (b) A detailed explanation of the procedures that the pharmacist must follow when engaging in the collaborative practice of pharmacy, including, without limitation, the manner in which the pharmacist must document decisions concerning treatment and care in accordance with subsection 3 of section 4 of this act, report such decisions to the practitioner and receive feedback from the practitioner;

      (c) The procedure by which the pharmacist will notify the practitioner of an adverse event concerning the health of the patient;

      (d) The procedure by which the practitioner will provide the pharmacist with a diagnosis of the patient and any other medical information necessary to carry out the patient’s drug therapy management.

      (e) A description of the means by which the practitioner will monitor clinical outcomes of a patient and intercede when necessary to protect the health of the patient or accomplish the goals of the treatment prescribed for the patient;

      (f) Authorization for the practitioner to override the agreement if necessary to protect the health of the patient or accomplish the goals of the treatment prescribed for the patient;

      (g) Authorization for either party to terminate the agreement by written notice to the other party, which must include, without limitation, written notice to the patient that informs the patient of the procedures by which he or she may continue drug therapy;

      (h) The effective date of the agreement;

      (i) The date by which a review must be conducted pursuant to subsection 2 for the renewal of the agreement, which must not be later than the expiration date of the agreement;

      (j) The address of the location where the records described in subsection 3 of section 4 of this act will be maintained; and

      (k) The process by which the pharmacist will obtain the informed, written consent required by subsection 4 of section 4 of this act.

      2.  A collaborative practice agreement must expire not later than 1 year after the date on which the agreement becomes effective. The parties to a collaborative practice agreement may renew the agreement after reviewing the agreement and making any necessary revisions.

      Sec. 6.  (Deleted by amendment.)

 


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      Sec. 7. NRS 639.001 is hereby amended to read as follows:

      639.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 639.0015 to 639.016, inclusive, and sections 1.5, 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 8. NRS 639.0124 is hereby amended to read as follows:

      639.0124  “Practice of pharmacy” includes, but is not limited to, the:

      1.  Performance or supervision of activities associated with manufacturing, compounding, labeling, dispensing and distributing of a drug, including the receipt, handling and storage of prescriptions and other confidential information relating to patients.

      2.  Interpretation and evaluation of prescriptions or orders for medicine.

      3.  Participation in drug evaluation and drug research.

      4.  Advising of the therapeutic value, reaction, drug interaction, hazard and use of a drug.

      5.  Selection of the source, storage and distribution of a drug.

      6.  Maintenance of proper documentation of the source, storage and distribution of a drug.

      7.  Interpretation of clinical data contained in a person’s record of medication.

      8.  Development of written guidelines and protocols in collaboration with a practitioner which are intended for a patient in a licensed medical facility or in a setting that is affiliated with a medical facility where the patient is receiving care and which authorize [the implementation, monitoring and modification of drug therapy.] collaborative drug therapy management. The written guidelines and protocols must comply with NRS 639.2809.

      9.  Implementation and modification of drug therapy , administering drugs and ordering and performing tests in accordance with [the authorization of the prescribing practitioner for a patient in a pharmacy in which drugs, controlled substances, poisons, medicines or chemicals are sold at retail.] a collaborative practice agreement.

Ê The term does not include the changing of a prescription by a pharmacist or practitioner without the consent of the prescribing practitioner, except as otherwise provided in NRS 639.2583.

      Sec. 9. NRS 639.230 is hereby amended to read as follows:

      639.230  1.  A person operating a business in this State shall not use the word “drug” or “drugs,” “prescription” or “pharmacy,” or similar words or words of similar import, without first having secured a license from the Board. A person operating a business in this State which is not otherwise subject to the provisions of this chapter shall not use the letters “Rx” or “RX” without the approval of the Board. The Board may deny approval of the use of the letters “Rx” or “RX” by any person if the Board determines that:

      (a) The person is subject to the provisions of this chapter but has not secured a license from the Board; or

      (b) The use of the letters “Rx” or “RX” by the person is confusing or misleading to or threatens the health or safety of the residents of this State.

      2.  Each license must be issued to a specific person and for a specific location and is not transferable. The original license must be displayed on the licensed premises as provided in NRS 639.150.

 


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licensed premises as provided in NRS 639.150. The original license and the fee required for reissuance of a license must be submitted to the Board before the reissuance of the license.

      3.  If the owner of a pharmacy is a partnership or corporation, any change of partners or corporate officers must be reported to the Board at such a time as is required by a regulation of the Board.

      4.  Except as otherwise provided in subsection 6, in addition to the requirements for renewal set forth in NRS 639.180, every person holding a license to operate a pharmacy must satisfy the Board that the pharmacy is conducted according to law.

      5.  Any violation of any of the provisions of this chapter by a managing pharmacist or by personnel of the pharmacy under the supervision of the managing pharmacist is cause for the suspension or revocation of the license of the pharmacy by the Board.

      6.  The provisions of this section do not prohibit:

      (a) A Canadian pharmacy which is licensed by the Board and which has been recommended by the Board pursuant to subsection 4 of NRS 639.2328 for inclusion on the Internet website established and maintained pursuant to paragraph (i) of subsection 1 of NRS 223.560 from providing prescription drugs through mail order service to residents of Nevada in the manner set forth in NRS 639.2328 to 639.23286, inclusive; or

      (b) A registered pharmacist or practitioner from collaborating in [the implementation, monitoring and modification of drug therapy pursuant to guidelines and protocols approved by the Board.] a collaborative practice agreement.

      Sec. 9.5. NRS 639.2809 is hereby amended to read as follows:

      639.2809  1.  Written guidelines and protocols developed by a registered pharmacist in collaboration with a practitioner which authorize [the implementation, monitoring and modification of] collaborative drug therapy [:] management:

      (a) May authorize a pharmacist to order and use the findings of laboratory tests and examinations.

      (b) May provide for [implementation, monitoring and modification of] collaborative drug therapy management for a patient receiving care:

             (1) In a licensed medical facility; or

             (2) If developed to ensure continuity of care for a patient, in any setting that is affiliated with a medical facility where the patient is receiving care. A pharmacist who modifies a drug therapy of a patient receiving care in a setting that is affiliated with a medical facility shall, within 72 hours after [implementing] initiating or modifying the drug therapy, provide written notice of the [implementation] initiation or modification of the drug therapy to the collaborating practitioner or enter the appropriate information concerning the drug therapy in an electronic patient record system shared by the pharmacist and the collaborating practitioner.

      (c) Must state the conditions under which a prescription of a practitioner relating to the drug therapy of a patient may be changed by the pharmacist without a subsequent prescription from the practitioner.

      (d) Must be approved by the Board.

      2.  The Board may adopt regulations which:

      (a) Prescribe additional requirements for written guidelines and protocols developed pursuant to this section; and

 


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      (b) Set forth the process for obtaining the approval of the Board of such written guidelines and protocols.

      Sec. 10. NRS 453.026 is hereby amended to read as follows:

      453.026  “Agent” means a pharmacist who cares for a patient of a prescribing practitioner in a medical facility or in a setting that is affiliated with a medical facility where the patient is receiving care in accordance with written guidelines and protocols developed and approved pursuant to NRS 639.2809 [,] or a collaborative practice agreement, as defined in section 2 of this act, a licensed practical nurse or registered nurse who cares for a patient of a prescribing practitioner in a medical facility or an authorized person who acts on behalf of or at the direction of and is employed by a manufacturer, distributor, dispenser or prescribing practitioner. The term does not include a common or contract carrier, public warehouseman or employee of the carrier or warehouseman.

      Sec. 11. NRS 454.213 is hereby amended to read as follows:

      454.213  1.  A drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:

      (a) A practitioner.

      (b) A physician assistant licensed pursuant to chapter 630 or 633 of NRS, at the direction of his or her supervising physician or a licensed dental hygienist acting in the office of and under the supervision of a dentist.

      (c) Except as otherwise provided in paragraph (d), a registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician or advanced practice registered nurse, or pursuant to a chart order, for administration to a patient at another location.

      (d) In accordance with applicable regulations of the Board, a registered nurse licensed to practice professional nursing or licensed practical nurse who is:

             (1) Employed by a health care agency or health care facility that is authorized to provide emergency care, or to respond to the immediate needs of a patient, in the residence of the patient; and

             (2) Acting under the direction of the medical director of that agency or facility who works in this State.

      (e) A medication aide - certified at a designated facility under the supervision of an advanced practice registered nurse or registered nurse and in accordance with standard protocols developed by the State Board of Nursing. As used in this paragraph, “designated facility” has the meaning ascribed to it in NRS 632.0145.

      (f) Except as otherwise provided in paragraph (g), an advanced emergency medical technician or a paramedic, as authorized by regulation of the State Board of Pharmacy and in accordance with any applicable regulations of:

             (1) The State Board of Health in a county whose population is less than 100,000;

             (2) A county board of health in a county whose population is 100,000 or more; or

             (3) A district board of health created pursuant to NRS 439.362 or 439.370 in any county.

 


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      (g) An advanced emergency medical technician or a paramedic who holds an endorsement issued pursuant to NRS 450B.1975, under the direct supervision of a local health officer or a designee of the local health officer pursuant to that section.

      (h) A respiratory therapist employed in a health care facility. The therapist may possess and administer respiratory products only at the direction of a physician.

      (i) A dialysis technician, under the direction or supervision of a physician or registered nurse only if the drug or medicine is used for the process of renal dialysis.

      (j) A medical student or student nurse in the course of his or her studies at an accredited college of medicine or approved school of professional or practical nursing, at the direction of a physician and:

             (1) In the presence of a physician or a registered nurse; or

             (2) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.

Ê A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

      (k) Any person designated by the head of a correctional institution.

      (l) An ultimate user or any person designated by the ultimate user pursuant to a written agreement.

      (m) A nuclear medicine technologist, at the direction of a physician and in accordance with any conditions established by regulation of the Board.

      (n) A radiologic technologist, at the direction of a physician and in accordance with any conditions established by regulation of the Board.

      (o) A chiropractic physician, but only if the drug or medicine is a topical drug used for cooling and stretching external tissue during therapeutic treatments.

      (p) A physical therapist, but only if the drug or medicine is a topical drug which is:

             (1) Used for cooling and stretching external tissue during therapeutic treatments; and

             (2) Prescribed by a licensed physician for:

                   (I) Iontophoresis; or

                   (II) The transmission of drugs through the skin using ultrasound.

      (q) In accordance with applicable regulations of the State Board of Health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

      (r) A veterinary technician or a veterinary assistant at the direction of his or her supervising veterinarian.

      (s) In accordance with applicable regulations of the Board, a registered pharmacist who:

             (1) Is trained in and certified to carry out standards and practices for immunization programs;

             (2) Is authorized to administer immunizations pursuant to written protocols from a physician; and

 

 


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             (3) Administers immunizations in compliance with the “Standards for Immunization Practices” recommended and approved by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.

      (t) A registered pharmacist pursuant to written guidelines and protocols developed and approved pursuant to NRS 639.2809 [.] or a collaborative practice agreement, as defined in section 2 of this act.

      (u) A person who is enrolled in a training program to become a physician assistant licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, advanced emergency medical technician, paramedic, respiratory therapist, dialysis technician, nuclear medicine technologist, radiologic technologist, physical therapist or veterinary technician if the person possesses and administers the drug or medicine in the same manner and under the same conditions that apply, respectively, to a physician assistant licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, advanced emergency medical technician, paramedic, respiratory therapist, dialysis technician, nuclear medicine technologist, radiologic technologist, physical therapist or veterinary technician who may possess and administer the drug or medicine, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.

      (v) A medical assistant, in accordance with applicable regulations of the:

             (1) Board of Medical Examiners, at the direction of the prescribing physician and under the supervision of a physician or physician assistant.

             (2) State Board of Osteopathic Medicine, at the direction of the prescribing physician and under the supervision of a physician or physician assistant.

      2.  As used in this section, “accredited college of medicine” has the meaning ascribed to it in NRS 453.375.

      Sec. 12.  (Deleted by amendment.)

      Sec. 13.  This act becomes effective on July 1, 2017.

________

 

 

 

 


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ê2017 Statutes of Nevada, Page 2526ê

 

CHAPTER 387, SB 360

Senate Bill No. 360–Senators Cannizzaro, Ford, Spearman, Woodhouse, Ratti; Atkinson, Cancela, Denis, Farley, Manendo, Parks and Segerblom

 

Joint Sponsors: Assemblymen Joiner, Frierson, Benitez-Thompson, Carrillo, Diaz; Araujo, Carlton, Fumo, Jauregui, Monroe-Moreno, Swank and Yeager

 

CHAPTER 387

 

[Approved: June 5, 2017]

 

AN ACT relating to the protection of certain persons; revising provisions relating to the imposition of an additional penalty upon a person who commits certain crimes or criminal violations of law against an older person or a vulnerable person; revising provisions relating to immunity from civil or criminal liability for certain acts; increasing the maximum term of imprisonment for a person who commits certain acts against an older person or a vulnerable person that result in substantial bodily or mental harm to or the death of the person; revising the penalties for the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person; establishing the Wards’ Bill of Rights; requiring each court having jurisdiction of the persons and estates of minors, incompetent persons or persons of limited capacity to perform certain actions to ensure the Wards’ Bill of Rights is available to the public; establishing provisions relating to certain arbitration clauses included in contracts used by facilities for long-term care; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the imposition of an additional penalty upon a person who commits certain crimes or criminal violations of law against an older person or a vulnerable person, and provides that the sentence prescribed runs consecutively with the sentence prescribed by statute for the crime or criminal violation. (NRS 193.167) Section 1.5 of this bill additionally provides that the sentence prescribed must not exceed the sentence imposed for the crime or criminal violation.

      Existing law extends immunity from civil or criminal liability to every person who, in good faith: (1) participates in the making of a report concerning the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person; (2) submits information contained in such a report to the licensing board; or (3) causes or conducts an investigation of alleged abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person. (NRS 200.5096) Section 2 of this bill provides that such immunity does not extend to any person who abused, neglected, exploited, isolated or abandoned the older person or vulnerable person who is the subject of the report or investigation or any person who committed certain other acts relating to the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person.

      Existing law establishes the penalties to be imposed upon a person who abuses, neglects, exploits, isolates or abandons an older person or a vulnerable person. Any person who has assumed responsibility to care for an older person or a vulnerable person and who neglects the older person or vulnerable person or commits certain other related acts, thereby causing substantial bodily or mental harm to or the death of the older person or vulnerable person, is guilty of a category B felony and must be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years.

 


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ê2017 Statutes of Nevada, Page 2527 (Chapter 387, SB 360)ê

 

other related acts, thereby causing substantial bodily or mental harm to or the death of the older person or vulnerable person, is guilty of a category B felony and must be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years. (NRS 200.5099) Section 3 of this bill increases the maximum term of imprisonment for the commission of such acts from 6 years to 20 years. Section 3 also revises the penalties for the abuse, neglect, isolation or abandonment of an older person or a vulnerable person and provides that: (1) the commission of a first offense is punishable as a category C felony or a gross misdemeanor, as determined by the court; and (2) the commission of a second or subsequent offense is punishable as a category B felony. Section 3 additionally revises the penalties for the exploitation of an older person or a vulnerable person and provides that a person who commits such an offense is guilty of: (1) either a category C felony or gross misdemeanor, as determined by the court, for the first offense, or if the monetary value involved is less than $650 or cannot be determined; or (2) a category B felony for the second and all subsequent offenses, or if the monetary value is $650 or more.

      Existing law also establishes the penalties to be imposed upon a person who conspires with another to commit abuse, exploitation or isolation of an older person or a vulnerable person. Such a person must be punished for a gross misdemeanor for the first offense and for a category C felony for the second or subsequent offense. (NRS 200.50995) Section 3.5 of this bill increases the penalty for the commission of a second or subsequent offense to a category B felony punishable by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not less than 20 years.

      Existing law establishes provisions governing the appointment of a guardian for a ward. (Chapter 159 of NRS) Section 6 of this bill establishes the Wards’ Bill of Rights, which sets forth certain specific rights of wards. Section 7 of this bill requires each court having jurisdiction of the persons and estates of minors, incompetent persons or persons of limited capacity to: (1) make the Wards’ Bill of Rights readily available to the public; (2) maintain a copy of the Wards’ Bill of Rights in the court for reproduction and distribution to the public; and (3) ensure that the Wards’ Bill of Rights is posted in a conspicuous place in the court and on the court’s Internet website.

      Section 7.5 of this bill: (1) provides that if a facility for long-term care wishes to include as part of any contract relating to the provision of care a clause providing that the parties to the contract agree to resolve any dispute through arbitration, the clause must be included as an addendum to the contract; and (2) establishes requirements pertaining to the form and content of such an addendum.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 1.5. NRS 193.167 is hereby amended to read as follows:

      193.167  1.  Except as otherwise provided in NRS 193.169, any person who commits the crime of:

      (a) Murder;

      (b) Attempted murder;

      (c) Assault;

      (d) Battery;

      (e) Kidnapping;

      (f) Robbery;

 

 


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      (g) Sexual assault;

      (h) Embezzlement of, or attempting or conspiring to embezzle, money or property of a value of $650 or more;

      (i) Obtaining, or attempting or conspiring to obtain, money or property of a value of $650 or more by false pretenses; or

      (j) Taking money or property from the person of another,

Ê against any person who is 60 years of age or older or against a vulnerable person shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished, if the crime is a misdemeanor or gross misdemeanor, by imprisonment in the county jail for a term equal to the term of imprisonment prescribed by statute for the crime, and, if the crime is a felony, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.

      2.  Except as otherwise provided in NRS 193.169, any person who commits a criminal violation of the provisions of chapter 90 or 91 of NRS against any person who is 60 years of age or older or against a vulnerable person shall, in addition to the term of imprisonment prescribed by statute for the criminal violation, be punished, if the criminal violation is a misdemeanor or gross misdemeanor, by imprisonment in the county jail for a term equal to the term of imprisonment prescribed by statute for the criminal violation, and, if the criminal violation is a felony, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.

      3.  In determining the length of the additional penalty imposed pursuant to this section, the court shall consider the following information:

      (a) The facts and circumstances of the crime or criminal violation;

      (b) The criminal history of the person;

      (c) The impact of the crime or criminal violation on any victim;

      (d) Any mitigating factors presented by the person; and

      (e) Any other relevant information.

Ê The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.

      4.  The sentence prescribed by this section [must run] :

      (a) Must not exceed the sentence imposed for the crime or criminal violation; and

      (b) Must run consecutively with the sentence prescribed by statute for the crime or criminal violation.

      5.  This section does not create any separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      6.  As used in this section, “vulnerable person” has the meaning ascribed to it in NRS 200.5092.

      Sec. 2. NRS 200.5096 is hereby amended to read as follows:

      200.5096  [Immunity]

      1.  Except as otherwise provided in subsection 2, immunity from civil or criminal liability extends to every person who, pursuant to NRS 200.5091 to 200.50995, inclusive, in good faith:

      [1.](a) Participates in the making of a report;

      [2.](b) Causes or conducts an investigation of alleged abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person; or

 


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ê2017 Statutes of Nevada, Page 2529 (Chapter 387, SB 360)ê

 

      [3.](c) Submits information contained in a report to a licensing board pursuant to subsection 4 of NRS 200.5095.

      2.  The immunity provided in subsection 1 does not extend to any person who has:

      (a) Abused, neglected, exploited, isolated or abandoned the older person or vulnerable person who is the subject of the report or investigation as prohibited by NRS 200.5099;

      (b) Conspired with another to commit abuse, exploitation or isolation of the older person or vulnerable person who is the subject of the report or investigation as prohibited by NRS 200.50995; or

      (c) Aided and abetted in or was an accessory to the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person who is the subject of the report or investigation or the conspiracy to commit abuse, exploitation or isolation of the older person or vulnerable person.

      Sec. 3. NRS 200.5099 is hereby amended to read as follows:

      200.5099  1.  Except as otherwise provided in subsection 6, any person who abuses an older person or a vulnerable person is guilty:

      (a) For the first offense, of [a gross] either of the following, as determined by the court:

             (1) A category C felony and shall be punished as provided in NRS 193.130; or

             (2) A gross misdemeanor [;] and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment; or

      (b) For [any] the second and all subsequent [offense] offenses or if the person has been previously convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years,

Ê unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.

      2.  Except as otherwise provided in subsection 7, any person who has assumed responsibility, legally, voluntarily or pursuant to a contract, to care for an older person or a vulnerable person and who [:

      (a) Neglects] neglects the older person or vulnerable person, causing the older person or vulnerable person to suffer physical pain or mental suffering [;

      (b) Permits] , permits or allows the older person or vulnerable person to suffer unjustifiable physical pain or mental suffering [;] or

      [(c) Permits] permits or allows the older person or vulnerable person to be placed in a situation where the older person or vulnerable person may suffer physical pain or mental suffering as the result of abuse or neglect [,

Ê] is guilty :

      (a) For the first offense, of [a gross] either of the following, as determined by the court:

             (1) A category C felony and shall be punished as provided in NRS 193.130; or

             (2) A gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment; or

 


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      (b) For the second and all subsequent offenses, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years,

Ê unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.

      3.  Except as otherwise provided in subsection 4, any person who exploits an older person or a vulnerable person shall be punished [,] :

      (a) For the first offense, if the value of any money, assets and property obtained or used:

      [(a)](1) Is less than $650, [for a gross] of either of the following, as determined by the court:

                   (I) A category C felony as provided in NRS 193.130; or

                   (II) A gross misdemeanor by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment;

      [(b)](2) Is at least $650, but less than $5,000, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment; or

      [(c)](3) Is $5,000 or more, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $25,000, or by both fine and imprisonment [,] ; or

      (b) For the second and all subsequent offenses, regardless of the value of any money, assets and property obtained or used, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $25,000, or by both fine and imprisonment,

Ê unless a more severe penalty is prescribed by law for the act which brought about the exploitation. The monetary value of all of the money, assets and property of the older person or vulnerable person which have been obtained or used, or both, may be combined for the purpose of imposing punishment for an offense charged pursuant to this subsection.

      4.  If a person exploits an older person or a vulnerable person and the monetary value of any money, assets and property obtained cannot be determined, the person shall be punished [for a gross] :

      (a) For the first offense, of either of the following, as determined by the court:

             (1) A category C felony as provided in NRS 193.130; or

             (2) A gross misdemeanor by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment [.] ; or

      (b) For the second and all subsequent offenses, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $25,000, or by both fine and imprisonment,

Ê unless a more severe penalty is prescribed by law for the act which brought about the exploitation.

 

 


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ê2017 Statutes of Nevada, Page 2531 (Chapter 387, SB 360)ê

 

      5.  Any person who isolates or abandons an older person or a vulnerable person is guilty:

      (a) For the first offense, of [a gross] either of the following, as determined by the court:

             (1) A category C felony and shall be punished as provided in NRS 193.130; or

             (2) A gross misdemeanor [;] and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment; or

      (b) For [any] the second and all subsequent [offense,] offenses, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $5,000 [.] ,

Ê unless a more severe penalty is prescribed by law for the act or omission which brings about the isolation or abandonment.

      6.  A person who violates any provision of subsection 1, if substantial bodily or mental harm or death results to the older person or vulnerable person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.

      7.  A person who violates any provision of subsection 2, if substantial bodily or mental harm or death results to the older person or vulnerable person, shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than [6] 20 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.

      8.  In addition to any other penalty imposed against a person for a violation of any provision of NRS 200.5091 to 200.50995, inclusive, the court shall order the person to pay restitution.

      9.  As used in this section:

      (a) “Allow” means to take no action to prevent or stop the abuse or neglect of an older person or a vulnerable person if the person knows or has reason to know that the older person or vulnerable person is being abused or neglected.

      (b) “Permit” means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care and custody of an older person or a vulnerable person.

      (c) “Substantial mental harm” means an injury to the intellectual or psychological capacity or the emotional condition of an older person or a vulnerable person as evidenced by an observable and substantial impairment of the ability of the older person or vulnerable person to function within his or her normal range of performance or behavior.

      Sec. 3.5. NRS 200.50995 is hereby amended to read as follows:

      200.50995  1.  A person who conspires with another to commit abuse, exploitation or isolation of an older person or a vulnerable person as prohibited by NRS 200.5099 shall be punished:

 

 

 


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ê2017 Statutes of Nevada, Page 2532 (Chapter 387, SB 360)ê

 

      [1.](a) For the first offense, for a gross misdemeanor [.

      2.]by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment; or

      (b) For the second and all subsequent offenses, for a category [C] B felony [as provided in NRS 193.130.

Ê] by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years.

      2.  Each person found guilty of such a conspiracy is jointly and severally liable for the restitution ordered by the court pursuant to NRS 200.5099 with each other person found guilty of the conspiracy.

      Sec. 4. Chapter 159 of NRS is hereby amended by adding thereto the provisions set forth as sections 5, 6 and 7 of this act.

      Sec. 5. This section and section 6 of this act may be cited as the Wards’ Bill of Rights.

      Sec. 6. 1.  The Legislature hereby declares that, except as otherwise specifically provided by law, each proposed ward has the right to have an attorney before a guardianship is imposed to ask the court for relief, and each ward has the right to:

      (a) Have an attorney at any time during a guardianship to ask the court for relief.

      (b) Receive notice of all guardianship proceedings and all proceedings relating to a determination of capacity unless the court determines that the ward lacks the capacity to comprehend such notice.

      (c) Receive a copy of all documents filed in a guardianship proceeding.

      (d) Have a family member, an interested party, a person of natural affection, an advocate for the ward or a medical provider speak or raise any issues of concern on behalf of the ward during a court hearing, either orally or in writing, including, without limitation, issues relating to a conflict with a guardian. As used in this paragraph, “person of natural affection” means a person who is not a family member of a ward but who shares a relationship with the ward that is similar to the relationship between family members.

      (e) Be educated about guardianships and ask questions and express concerns and complaints about a guardian and the actions of a guardian, either orally or in writing.

      (f) Participate in developing a plan for his or her care, including, without limitation, managing his or her assets and personal property and determining his or her residence and the manner in which he or she will receive services.

      (g) Have due consideration given to his or her current and previously stated personal desires, preferences for health care and medical treatment and religious and moral beliefs.

      (h) Remain as independent as possible, including, without limitation, to have his or her preference honored regarding his or her residence and standard of living, either as expressed or demonstrated before a determination was made relating to capacity or as currently expressed, if the preference is reasonable under the circumstances.

      (i) Be granted the greatest degree of freedom possible, consistent with the reasons for a guardianship, and exercise control of all aspects of his or her life that are not delegated to a guardian specifically by a court order.

 


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      (j) Engage in any activity that the court has not expressly reserved for a guardian, including, without limitation, voting, marrying or entering into a domestic partnership, traveling, working and having a driver’s license.

      (k) Be treated with respect and dignity.

      (l) Be treated fairly by his or her guardian.

      (m) Maintain privacy and confidentiality in personal matters.

      (n) Receive telephone calls and personal mail and have visitors, unless his or her guardian and the court determine that particular correspondence or a particular visitor will cause harm to the ward.

      (o) Receive timely, effective and appropriate health care and medical treatment that does not violate his or her rights.

      (p) Have all services provided by a guardian at a reasonable rate of compensation and have a court review any requests for payment to avoid excessive or unnecessary fees or duplicative billing.

      (q) Receive prudent financial management of his or her property and regular detailed reports of financial accounting, including, without limitation, reports on any investments or trusts that are held for his or her benefit and any expenditures or fees charged to his or her estate.

      (r) Receive and control his or her salary, maintain a bank account and manage his or her personal money.

      (s) Ask the court to:

             (1) Review the management activity of a guardian if a dispute cannot be resolved.

             (2) Continually review the need for a guardianship or modify or terminate a guardianship.

             (3) Replace the guardian.

             (4) Enter an order restoring his or her capacity at the earliest possible time.

      2.  The rights of a ward set forth in subsection 1 do not abrogate any remedies provided by law. All such rights may be addressed in a guardianship proceeding or be enforced through a private right of action.

      Sec. 7. Each court shall:

      1.  Make the Wards’ Bill of Rights readily available to the public;

      2.  Maintain a copy of the Wards’ Bill of Rights in the court for reproduction and distribution to the public; and

      3.  Ensure that the Wards’ Bill of Rights is posted:

      (a) In a conspicuous place, in at least 12-point type, in the court; and

      (b) On the Internet website of the court.

      Sec. 7.5. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a facility for long-term care wishes to include as part of any contract relating to the provision of care a clause providing that the parties to the contract agree to resolve any dispute through arbitration, the clause must be included as an addendum to the contract and:

      (a) Be printed in large font on a separate page with a separate signature line;

      (b) Fully explain the effect of signing the addendum, including, without limitation, that any dispute will be resolved through the arbitration process instead of in court; and

      (c) Clearly state that the person signing the contract is not required to sign the addendum.

 


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ê2017 Statutes of Nevada, Page 2534 (Chapter 387, SB 360)ê

 

      2.  As used in this section, “facility for long-term care” means:

      (a) A residential facility for groups;

      (b) A facility for intermediate care;

      (c) A facility for skilled nursing;

      (d) A home for individual residential care; and

      (e) Any unlicensed establishment that provides food, shelter, assistance and limited supervision to a resident.

      Sec. 8.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 9.  1.  This section becomes effective upon passage and approval.

      2.  Sections 4 to 7, inclusive, and 8 of this act become effective:

      (a) Upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of those sections; and

      (b) On January 1, 2018, for all other purposes.

      3.  Sections 1 to 3.5, inclusive, and 7.5 of this act become effective on October 1, 2017.

________

CHAPTER 388, SB 407

Senate Bill No. 407–Senators Spearman, Segerblom, Manendo, Cancela, Parks; Atkinson, Cannizzaro, Denis, Farley, Ford, Ratti and Woodhouse

 

CHAPTER 388

 

[Approved: June 5, 2017]

 

AN ACT relating to energy; creating the Nevada Clean Energy Fund; creating the Board of Directors of the Fund to administer the Fund; setting forth the duties and powers of the Board; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill establishes the Nevada Clean Energy Fund to provide funding for and increase significantly the pace and amount of financing available for qualified clean energy projects in this State. Section 14 of this bill creates the Board of Directors of the Fund, whose responsibility it is to carry out the provisions of this bill. Section 16 of this bill sets forth certain duties of the Board relative to the responsibility of the Board 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. Title 58 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 1.5 to 42, inclusive, of this act.

      Sec. 1.5. The Legislature hereby finds and declares that it is in the interest of this State to establish and support in this State an independent corporation for public benefit, the Nevada Clean Energy Fund, for the purposes of:

 


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ê2017 Statutes of Nevada, Page 2535 (Chapter 388, SB 407)ê

 

      1.  Promoting investments in qualified clean energy projects;

      2.  Increasing significantly the pace and amount of investments in qualified clean energy projects at the state and local levels;

      3.  Improving the standard of living of the residents of this State by promoting the more efficient and lower cost development of qualified clean energy projects and providing financing for qualified clean energy projects that will create high-paying, long-term jobs;

      4.  Fostering the development and consistent application of transparent underwriting standards, standard contractual terms, and measurement and verification protocols for qualified clean energy projects;

      5.  Promoting the creation of performance data that enables effective underwriting, risk management and pro forma modeling of financial performance of qualified clean energy projects to support primary financing markets and to stimulate the development of secondary investment markets for qualified clean energy projects; and

      6.  Achieving a level of financing support for qualified clean energy projects necessary to help abate climate change by increasing zero- or low-carbon electricity generation and transportation capabilities, realize energy efficiency potential in existing infrastructure, ease the economic effects of transitioning from a carbon-based economy to a clean-energy economy, achieve job creation through the construction and operation of qualified clean energy projects and complement and supplement other clean energy and energy efficiency programs and initiatives in this State.

      Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 2.5 to 13.6, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 2.5. “Alternative fuel vehicle project” means any project, technology, product, service, function or measure, or an aggregation thereof, which supports the development and deployment of alternative fuels used for electricity generation, alternative fuel vehicles and related infrastructure, including, without limitation, infrastructure for electric vehicle charging stations. The term does not include any technology that involves the combustion of fossil fuels, including, without limitation, petroleum and petroleum products.

      Sec. 3. “Board” means the Board of Directors of the Nevada Clean Energy Fund.

      Secs. 4-6.  (Deleted by amendment.)

      Sec. 6.5. “Demand response project” means any project, technology, product, service, function or measure, or an aggregation thereof, that changes the usage of electricity by retail customers in this State from the normal consumption patterns in response to:

      1.  Changes in the price of electricity over time; or

      2.  Incentive payments designed to induce lower electricity use at times of high market prices or when system reliability is jeopardized.

      Sec. 7. “Energy efficiency project” means any project, technology, product, service, function or measure, or an aggregation thereof, that:

      1.  Results in the reduction of energy use required to achieve the same level of service or output obtained before the application of such project, technology, product, service, function or measure, or aggregation thereof; or

      2.  Substantially reduces greenhouse gas emissions relative to emissions that would have produced before the application of such project, technology, product, service, function or measure, or aggregation thereof.

 


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ê2017 Statutes of Nevada, Page 2536 (Chapter 388, SB 407)ê

 

      Secs. 8-10.  (Deleted by amendment.)

      Sec. 11. “Nevada Clean Energy Fund” or “Fund” means the independent, nonprofit corporation established pursuant to section 13.8 of this act to provide money to promote investments in and increase significantly the pace and amount of investment in qualified clean energy projects in this State and to carry out the provisions of this chapter.

      Sec. 12.  (Deleted by amendment.)

      Sec. 12.5. “Qualified clean energy project” means any alternative fuel vehicle project, demand response project, energy efficiency project, renewable energy project or system efficiency project.

      Sec. 13.  (Deleted by amendment.)

      Sec. 13.2. “Renewable energy” means energy produced by:

      1.  Solar resources;

      2.  Wind resources;

      3.  Geothermal resources;

      4.  Nonhazardous, organic biomass;

      5.  Anaerobic digestion of organic waste streams;

      6.  Small-scale, advanced hydropower;

      7.  Tidal currents;

      8.  Fuel cells using renewable resources; and

      9.  Any other source that naturally replenishes over a human, rather than geological, time frame and that is ultimately derived from solar, water or wind resources.

      Sec. 13.4. “Renewable energy project” means the development, construction, deployment, alteration or repair of any project, technology, product, service, function or measure, or an aggregation thereof, that generates electric power from renewable energy.

      Sec. 13.6. “System efficiency project” means the development, construction, deployment, alteration or repair of any distributed generation system, energy storage system, smart grid technology, advanced battery system, microgrid system, fuel cell system or combined heat and power systems.

      Sec. 13.8. The Director of the Office of Energy shall cause to be formed in this State an independent, nonprofit corporation recognized as exempt from federal income taxation for the public benefit named the “Nevada Clean Energy Fund,” the general purpose of which is to carry out the provisions of this chapter.

      Sec. 14. 1.  There is hereby created the Board of Directors of the Nevada Clean Energy Fund, consisting of the following nine members:

      (a) The Director of the Office of Energy;

      (b) The Executive Director of the Office of Economic Development or his or her designee;

      (c) The Real Estate Administrator of the Department of Business and Industry or his or her designee;

      (d) The Commissioner of Financial Institutions or his or her designee;

      (e) One member appointed by the Governor from among a list of nominees submitted by the State Contractors’ Board;

      (f) One member appointed by the Governor from among a list of nominees submitted by labor organizations in this State;

      (g) One member appointed by the Governor from among a list of nominees submitted by the board of county commissioners of the county in this State with the largest population;

 


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ê2017 Statutes of Nevada, Page 2537 (Chapter 388, SB 407)ê

 

      (h) One member appointed by the Governor from among a list of nominees submitted by the board of county commissioners of the county in this State with the second largest population; and

      (i) One member appointed by the Governor from among a list of nominees submitted by the boards of county commissioners of the counties in this State not described in paragraph (g) or (h).

      2.  The members appointed to the Board pursuant to paragraphs (e) to (i), inclusive, of subsection 1 should have expertise in matters relating to renewable energy, economic development, banking, law, finance or other matters relevant to the work of the Board. When appointing a member to the Board, consideration must be given to whether the members appointed to the Board reflect the ethnic and geographical diversity of this State.

      3.  The term of each member of the Board appointed pursuant to paragraphs (e) to (i), inclusive, of subsection 1 is 3 years. A member may be reappointed for additional terms of 3 years in the same manner as the original appointment. A vacancy occurring in the membership of the Board must be filled in the same manner as the original appointment.

      4.  The Board shall annually elect a Chair from among its members.

      5.  The Board shall meet regularly at least semiannually and may meet at other times upon the call of the Chair. Any five members of the Committee constitute a quorum for the purpose of voting. A majority vote of the quorum is required to take action with respect to any matter.

      6.  The Board shall adopt rules for its own management and government.

      7.  While engaged in the business of the Board, each member of the Board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 15.  (Deleted by amendment.)

      Sec. 16. 1.  To carry out the provisions of this chapter, the Board shall:

      (a) Annually develop and adopt a work program to serve and support the deployment of qualified clean energy projects in this State, including, without limitation, projects benefitting single-family and multi-family residential property, commercial, industrial, educational and governmental property and hospitals and nonprofit property and any other projects which advance the purposes of this chapter;

      (b) Develop rules, policies and procedures which specify the eligibility of borrowers and any other terms or conditions of the financial support to be provided by the Nevada Clean Energy Fund before financing support is provided for any qualified clean energy project;

      (c) Develop and offer a range of financing structures, forms and techniques for qualified clean energy projects, including, without limitation, loans, credit enhancements, guarantees, warehousing, securitization, and other financial products and structures;

      (d) Leverage private investment in qualified clean energy projects through financing mechanisms that support, enhance and complement private investment;

      (e) Develop consumer protection standards to be enforced on all investments to ensure the Nevada Clean Energy Fund and its partners are lending in a responsible and transparent manner that is in the financial interests of the borrowers;

 


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ê2017 Statutes of Nevada, Page 2538 (Chapter 388, SB 407)ê

 

      (f) Assess reasonable fees for the financing support and risk management activities provided by the Nevada Clean Energy Fund in amounts sufficient to cover the reasonable costs of the Fund;

      (g) Collect and make available to the public in a centralized database on an Internet website maintained by the Nevada Clean Energy Fund information regarding rates, terms and conditions of all financing support transactions, unless the disclosure of such information includes a trade secret, confidential commercial information or confidential financial information;

      (h) Work with market and program participants to provide information regarding best practices for overseeing qualified clean energy projects and information regarding other appropriate consumer protections;

      (i) Prepare an annual report for the public on the financing activities of the Nevada Clean Energy Fund; and

      (j) Undertake such other activities as are necessary to carry out the provisions of this chapter.

      2.  In addition to any money available through gifts, grants, donations or legislative appropriation to carry out the purposes of this chapter, the Board shall identify any other sources of money which may, in the opinion of the Board, be used to provide money for the Fund.

      3.  The Fund may:

      (a) Sue and be sued.

      (b) Have a seal.

      (c) Acquire real or personal property or any interest therein, by gift, purchase, foreclosure, deed in lieu of foreclosure, lease, option or otherwise.

      (d) Prepare and enter into agreements with the Federal Government for the acceptance of grants of money for the purposes of this chapter.

      (e) Enter into agreements or cooperate with third parties to provide for enhanced leveraging of money of the Fund, additional financing mechanisms or any other program or combination of programs for the purpose of expanding the scope of financial assistance available from the Fund.

      (f) Bind the Fund and the Board to terms of any agreements entered into pursuant to this chapter.

      (g) Apply for and accept gifts, grants and donations from any source for the purpose of carrying out the provisions of this chapter.

      Secs. 17-42.  (Deleted by amendment.)

      Sec. 43.  Notwithstanding the provisions of section 14 of this act, as soon as practicable on or after July 1, 2017, the Governor shall appoint the members of the Board of Directors of the Nevada Clean Energy Fund identified in:

      1.  Paragraphs (e), (g) and (i) of subsection 1 of section 14 of this act to initial terms of 2 years; and

      2.  Paragraphs (f) and (h) of subsection 1 of section 14 of this act to initial terms of 3 years.

      Sec. 44.  This act becomes effective:

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

      2.  On July 1, 2017, for all other purposes.

________

 


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ê2017 Statutes of Nevada, Page 2539ê

 

CHAPTER 389, SB 415

Senate Bill No. 415–Senators Cancela and Woodhouse

 

Joint Sponsors: Assemblywomen Jauregui, Monroe-Moreno and Spiegel

 

CHAPTER 389

 

[Approved: June 5, 2017]

 

AN ACT relating to taxes on retail sales; providing for the submission to the voters of the question whether the Sales and Use Tax Act of 1955 should be amended to provide an exemption from the tax for feminine hygiene products; providing for the exemptions from certain analogous taxes if the voters approve this amendment to the Sales and Use Tax Act of 1955; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Sales and Use Tax Act of 1955 (part of chapter 372 of NRS) was approved by the voters by a referendum and therefore may not be amended, annulled, repealed, set aside, suspended or in any way made inoperative except by the direct vote of the people. (Nev. Const. Art. 19, § 1)

      Sections 2-9 of this bill require the submission of a question to the voters at the 2018 General Election of whether the Sales and Use Tax Act of 1955 should be amended to provide an exemption for certain feminine hygiene products. Section 10 of this bill construes the term “feminine hygiene product” to mean a sanitary napkin or tampon for the purposes of the exemption. Sections 11 and 12 of this bill amend the Local School Support Tax Law to provide identical exemptions. This tax exemption becomes effective on January 1, 2019, and expires by limitation on December 31, 2028, only if the voters approve the amendment to the Sales and Use Tax Act of 1955 at the General Election in 2018.

      Any amendment to the Local School Support Tax Law also applies to other sales and use taxes imposed under existing law. (NRS 354.705, 374A.020, 376A.060, 377.040, 377A.030, 377B.110, 543.600 and various special and local acts)

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Legislature hereby finds that each exemption provided by this act from any excise tax on the sale, storage, use or consumption of tangible personal property sold at retail:

      1.  Will achieve a bona fide social or economic purpose and that the benefits of the exemption are expected to exceed any adverse effect of the exemption on the provision of services to the public by the State or a local government that would otherwise receive revenue from the tax from which the exemption would be granted; and

      2.  Will not impair adversely the ability of the State or a local government to pay, when due, all interest and principal on any outstanding bonds or any other obligations for which revenue from the tax from which the exemption would be granted was pledged.

      Sec. 2.  At the General Election on November 6, 2018, a proposal must be submitted to the registered voters of this State to amend the Sales and Use Tax Act, which was enacted by the 47th Session of the Legislature of the State of Nevada and approved by the Governor in 1955, and subsequently approved by the people of this State at the General Election held on November 6, 1956.

 


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State of Nevada and approved by the Governor in 1955, and subsequently approved by the people of this State at the General Election held on November 6, 1956.

      Sec. 3.  At the time and in the manner provided by law, the Secretary of State shall transmit the proposed act to the several county clerks, and the county clerks shall cause it to be published and posted as provided by law.

      Sec. 4.  The proclamation and notice to the voters given by the county clerks pursuant to law must be in substantially the following form:

       Notice is hereby given that at the General Election on November 6, 2018, a question will appear on the ballot for the adoption or rejection by the registered voters of the State of the following proposed act:

AN ACT to amend an Act entitled “An Act to provide revenue for the State of Nevada; providing for sales and use taxes; providing for the manner of collection; defining certain terms; providing penalties for violation, and other matters properly relating thereto.” approved March 29, 1955, as amended.

 

THE PEOPLE OF THE STATE OF NEVADA

DO ENACT AS FOLLOWS:

 

       Section 1.  Section 56.1 of the above-entitled Act, being chapter 397, Statutes of Nevada 1955, as added by chapter 306, Statutes of Nevada 1969, at page 532, and amended by chapter 627, Statutes of Nevada 1985, at page 2028, and amended by chapter 404, Statutes of Nevada 1995, at page 1007, is hereby amended to read as follows:

      Sec. 56.1.  1.  There are exempted from the taxes imposed by this act the gross receipts from sales and the storage, use or other consumption of:

      (a) Prosthetic devices, orthotic appliances and ambulatory casts for human use, and other supports and casts if prescribed or applied by a licensed provider of health care, within his scope of practice, for human use.

      (b) Appliances and supplies relating to an ostomy.

      (c) Products for hemodialysis.

      (d) Medicines:

            (1) Prescribed for the treatment of a human being by a person authorized to prescribe medicines, and dispensed on a prescription filled by a registered pharmacist in accordance with law;

            (2) Furnished by a licensed physician, dentist or podiatric physician to his own patient for the treatment of the patient;

            (3) Furnished by a hospital for treatment of any person pursuant to the order of a licensed physician, dentist or podiatric physician; or

            (4) Sold to a licensed physician, dentist, podiatric physician or hospital for the treatment of a human being.

      (e) Feminine hygiene products.

      2.  As used in this section:

      (a) “Medicine” means any substance or preparation intended for use by external or internal application to the human body in the diagnosis, cure, mitigation, treatment or prevention of disease or affliction of the human body and which is commonly recognized as a substance or preparation intended for such use.

 


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or affliction of the human body and which is commonly recognized as a substance or preparation intended for such use. The term includes splints, bandages, pads, compresses and dressings.

      (b) “Medicine” does not include:

            (1) Any auditory, ophthalmic or ocular device or appliance.

            (2) Articles which are in the nature of instruments, crutches, canes, devices or other mechanical, electronic, optical or physical equipment.

            (3) Any alcoholic beverage, except where the alcohol merely provides a solution in the ordinary preparation of a medicine.

            (4) Braces or supports, other than those prescribed or applied by a licensed provider of health care, within his scope of practice, for human use.

      3.  Insulin furnished by a registered pharmacist to a person for treatment of diabetes as directed by a physician shall be deemed to be dispensed on a prescription within the meaning of this section.

       Sec. 2.  This act becomes effective on January 1, 2019, and expires by limitation on December 31, 2028.

      Sec. 5.  The ballot page assemblies and the paper ballots to be used in voting on the question must present the question in substantially the following form:

       Shall the Sales and Use Tax Act of 1955 be amended to provide an exemption from the taxes imposed by this Act on the gross receipts from the sale and the storage, use or other consumption of feminine hygiene products?

 

Yes ¨     No ¨

      Sec. 6.  The explanation of the question which must appear on each paper ballot and sample ballot and in every publication and posting of notice of the question must be in substantially the following form:

 

(Explanation of Question)

       The proposed amendment to the Sales and Use Tax Act of 1955 would exempt from the taxes imposed by this Act the gross receipts from the sale and storage, use or other consumption of feminine hygiene products.

       If this proposal is adopted, the Legislature has provided that the Local School Support Tax Law and certain analogous taxes on retail sales will be amended to provide the same exemptions.

      Sec. 7.  If a majority of the votes cast on the question is yes, the amendment to the Sales and Use Tax Act of 1955 becomes effective on January 1, 2019, and expires by limitation on December 31, 2028. If less than a majority of votes cast on the question is yes, the question fails and the amendment to the Sales and Use Tax Act of 1955 does not become effective.

      Sec. 8.  All general election laws not inconsistent with this act are applicable.

      Sec. 9.  Any informalities, omissions or defects in the content or making of the publications, proclamations or notices provided for in this act and by the general election laws under which this election is held must be so construed as not to invalidate the adoption of the act by a majority of the registered voters voting on the question if it can be ascertained with reasonable certainty from the official returns transmitted to the Office of the Secretary of State whether the proposed amendment was adopted by a majority of those registered voters.

 


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and by the general election laws under which this election is held must be so construed as not to invalidate the adoption of the act by a majority of the registered voters voting on the question if it can be ascertained with reasonable certainty from the official returns transmitted to the Office of the Secretary of State whether the proposed amendment was adopted by a majority of those registered voters.

      Sec. 10. Chapter 372 of NRS is hereby amended by adding thereto a new section to read as follows:

      In administering the provisions of section 56.1 of chapter 397, Statutes of Nevada 1955, which is included in NRS as NRS 372.283, the Department shall construe the term “feminine hygiene product” to mean a sanitary napkin or tampon.

      Sec. 11. Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:

      In administering the provisions of NRS 374.287, the Department shall construe the term “feminine hygiene product” to mean a sanitary napkin or tampon.

      Sec. 12. NRS 374.287 is hereby amended to read as follows:

      374.287  1.  There are exempted from the taxes imposed by this chapter the gross receipts from sales and the storage, use or other consumption of:

      (a) Prosthetic devices, orthotic appliances and ambulatory casts for human use, and other supports and casts if prescribed or applied by a licensed provider of health care, within his or her scope of practice, for human use.

      (b) Appliances and supplies relating to an ostomy.

      (c) Products for hemodialysis.

      (d) Medicines:

             (1) Prescribed for the treatment of a human being by a person authorized to prescribe medicines, and dispensed on a prescription filled by a registered pharmacist in accordance with law;

             (2) Furnished by a licensed physician, dentist or podiatric physician to his or her own patient for the treatment of the patient;

             (3) Furnished by a hospital for treatment of any person pursuant to the order of a licensed physician, dentist or podiatric physician; or

             (4) Sold to a licensed physician, dentist, podiatric physician or hospital for the treatment of a human being.

      (e) Feminine hygiene products.

      2.  As used in this section:

      (a) “Medicine” means any substance or preparation intended for use by external or internal application to the human body in the diagnosis, cure, mitigation, treatment or prevention of disease or affliction of the human body and which is commonly recognized as a substance or preparation intended for such use. The term includes splints, bandages, pads, compresses and dressings.

      (b) “Medicine” does not include:

             (1) Any auditory, ophthalmic or ocular device or appliance.

             (2) Articles which are in the nature of instruments, crutches, canes, devices or other mechanical, electronic, optical or physical equipment.

             (3) Any alcoholic beverage, except where the alcohol merely provides a solution in the ordinary preparation of a medicine.

             (4) Braces or supports, other than those prescribed or applied by a licensed provider of health care, within his or her scope of practice, for human use.

 


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      3.  Insulin furnished by a registered pharmacist to a person for treatment of diabetes as directed by a physician shall be deemed to be dispensed on a prescription within the meaning of this section.

      Sec. 13.  1.  This section and sections 1 to 9, inclusive, of this act become effective on October 1, 2017.

      2.  Sections 10, 11 and 12 of this act become effective on January 1, 2019, and expire by limitation on December 31, 2028, only if the proposal submitted pursuant to sections 2 to 9, inclusive, of this act is approved by the voters at the General Election on November 6, 2018.

________

CHAPTER 390, SB 433

Senate Bill No. 433–Committee on Judiciary

 

CHAPTER 390

 

[Approved: June 5, 2017]

 

AN ACT relating to guardianships; replacing the term “ward” with the term “protected person”; establishing provisions relating to the right of a protected person to communicate, visit or interact with certain persons; establishing provisions regarding certain notifications concerning a protected person that a guardian is required to give to certain persons; establishing provisions relating to guardians of the person; establishing provisions concerning sanctions that may be imposed upon and actions that may be taken against a guardian; revising provisions relating to the appointment of a guardian ad litem to represent a protected person; revising provisions relating to the appointment of counsel to represent a proposed protected person; removing the requirement that certain persons must inform a proposed protected person of his or her right to counsel; revising provisions relating to certain reports and accounts filed with the court by a guardian of the person and a guardian of the estate; revising the circumstances in which a court is authorized to remove a guardian; reducing the filing fee for a petition for a guardianship; prohibiting the charging or collecting of any other fee for the filing of such a petition; requiring a county recorder to charge and collect a fee for the recording of certain documents to be used for certain specified purposes; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law defines the term “ward” for purposes of the provisions of law governing guardianships as any person for whom a guardian has been appointed. (NRS 159.027) Section 20 of this bill replaces the term “ward” with the term “protected person.”

      Sections 4-11 of this bill establish provisions relating to the right of a protected person to communicate, visit or interact with his or her parent, child or sibling or a person of natural affection, which section 3 of this bill defines as a person who is not a family member of a protected person but who shares a relationship with the protected person that is similar to the relationship between family members. Section 5 generally prohibits a guardian from restricting the right of a protected person to communicate, visit or interact with such persons except in certain circumstances.

 


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      Section 6 authorizes a guardian to petition a court to issue an order restricting the ability of a parent, child or sibling of a protected person or a person of natural affection to communicate, visit or interact with a protected person for good cause. Section 6 requires a court to consider certain factors when determining whether to issue such an order and requires a guardian to provide the court with documentation of any physical reactions or manifestations of agitation, distress or combative or overly emotional behavior by the protected person during or following any contact with any such person or opposition by the protected person to any communication, visitation or interaction with any such person if the protected person is unable to communicate verbally. Section 7 requires a court to consider imposing certain restrictions on communication, visitation or interaction between a protected person and any such person in a certain order of preference.

      Section 8 authorizes any person who reasonably believes a guardian has violated a court order or committed an abuse of discretion in restricting communication, visitation or interaction between a protected person and his or her parent, child or sibling or a person of natural affection to petition the court to take certain action.

      Section 9 requires the court to schedule a hearing on a petition filed by a guardian or person pursuant to section 6 or 8, respectively, not later than 63 days after the date the petition is filed. Section 9 also requires the court to conduct an emergency hearing as soon as practicable, but not later than 7 days after the date the petition is filed, if the petition states that the health of the protected person is in significant decline or the death of the protected person might be imminent.

      Section 10 establishes provisions concerning who has the burden of proof in a proceeding held pursuant to sections 4-11, and section 11 sets forth certain sanctions.

      Sections 12 and 13 of this bill establish provisions regarding certain notifications concerning a protected person that a guardian is required to give to certain interested persons. Section 12 generally requires a guardian to file with the court a notice of his or her intent to move a protected person and to serve notice upon such interested persons not less than 10 days before moving the protected person. If an objection to the move is not received from any interested person within 10 days after receiving the notice, the guardian is authorized to move the protected person without court permission. Section 12 further provides that if an emergency condition exists, the guardian is authorized to take any temporary action needed without court permission and is required to file notice with the court and serve notice upon all interested persons as soon as practicable after taking such action. Section 26 of this bill revises provisions of existing law governing the authority of a guardian of the person to establish or change the residence of a protected person to conform with the provisions of section 12.

      Section 13 requires a guardian to notify immediately all interested persons and persons of natural affection: (1) if the guardian believes, based on information from certain qualified persons, that the death of the protected person is likely to occur within the next 30 days; (2) upon the death of the protected person; and (3) upon obtaining any information relating to the burial or cremation of the protected person. If the guardian is providing notification of the death of the protected person, the guardian is required to provide such notification in a certain manner pursuant to section 13.

      Section 12 also: (1) provides that any notification given by a guardian relating to moving a protected person or the death or impending death of a protected person must include the current location of the protected person unless an order of protection has been issued against an interested person or a person of natural affection on behalf of the protected person; and (2) establishes the circumstances in which a guardian is not required to provide notification to an interested person or person of natural affection.

      Section 14 of this bill authorizes a guardian of the person to take certain actions if a guardian of the estate has not been appointed and provides that if a guardian of the estate has been appointed, a guardian of the person may receive reasonable sums for any room and board furnished to a protected person if the guardian presents a claim to the guardian of the estate.

 


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      Section 17 of this bill authorizes a court to take certain action if a guardian violates any right of a protected person and to impose twice the actual damages incurred by the protected person and attorney’s fees and costs if any action by a guardian is deemed to be deliberately harmful or fraudulent or to have been committed with malice.

      Existing law authorizes a court to appoint a person to represent a ward or proposed ward as a guardian ad litem. (NRS 159.0455) Section 22 of this bill revises provisions relating to such an appointment and authorizes a court to appoint a volunteer person who is not an attorney as a guardian ad litem to represent a protected person or proposed protected person if a court-approved volunteer advocate program for guardians ad litem is established in the judicial district.

      Existing law provides that if an adult ward or proposed adult ward is unable to retain legal counsel and requests the appointment of counsel at any stage in a guardianship proceeding, the court is required to appoint an attorney who works for legal aid services or a private attorney to represent the adult ward or proposed adult ward. (NRS 159.0485) Section 23 of this bill provides that upon the filing of a petition for the appointment of a guardian for a proposed protected person who is an adult, the court is required to appoint an attorney to represent the proposed protected person unless the proposed protected person wishes to retain or has already retained an attorney. The court is required to appoint an attorney who works for an organization operating a program for legal services for the indigent which provides legal services for protected persons and proposed protected persons who are adults if the county in which the proposed protected person lives has such a program that is able to accept the case. If the county in which the proposed protected person resides does not have such a program or the program is unable to accept the case, the court is required to determine whether the proposed protected person has the ability to pay the reasonable compensation and expenses of an attorney from his or her estate and, if so, order an attorney to represent the proposed protected person and require the compensation and expenses of the attorney to be paid from the estate. If the proposed protected person does not have the ability to pay, the court is authorized to use money set aside for the purpose of assisting such proposed protected persons to pay for an attorney to represent the proposed protected person.

      Existing law requires a proposed ward who is found in this State to attend the hearing for the appointment of a guardian unless a certificate that includes certain information, including why the proposed ward cannot attend the hearing, is signed by a qualified person. If the proposed ward is an adult and cannot attend the hearing by videoconference, the person who signs the certificate or another qualified person is required to inform the proposed ward of certain rights of the proposed ward, including the right to counsel, and ask the proposed ward if he or she wishes to be represented by counsel (NRS 159.0535) Section 24 of this bill removes such a requirement.

      Existing law requires a guardian of the person to file with the court a written report on the condition of the ward and the exercise of authority and performance of duties by the guardian at certain specified times. (NRS 159.081) Section 27 of this bill requires that certain information be included in such a report. Existing law also requires a guardian of the estate or special guardian who is authorized to manage the property of a ward to file with the court a verified account of the estate of the ward at certain specified times and requires the account to include certain information. (NRS 159.177, 159.179) Section 28 of this bill requires the account to be served on the protected person and the attorney of the protected person. Section 29 of this bill revises the requirements relating to the account and revises provisions relating to producing or filing with the court the receipts and vouchers for all expenditures included in the account. Section 16 of this bill authorizes a court to impose a penalty in an amount not to exceed $5,000 and order restitution of any money misappropriated from the estate of a protected person if a guardian is guilty of gross impropriety in handling the property of the protected person, makes a substantial misstatement in any such report or account or willfully fails to file such a report or account within a certain period after receiving written notice from the court of the failure to file.

 


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      Section 15 of this bill provides that a protected person or his or her attorney is entitled to receive copies of any accountings relating to any trusts created by or for the benefit of the protected person.

      Section 31 of this bill revises the circumstances in which a court may remove a guardian. Section 32 of this bill provides that upon the filing of a petition for the termination or modification of a guardianship, the court is required to appoint an attorney to represent the protected person if: (1) the protected person is unable to retain an attorney; or (2) the court determines that the appointment is necessary to protect the interests of the protected person.

      Existing law authorizes or requires the imposition of various fees in civil actions, including fees specific to the filing of a petition for a guardianship. (NRS 19.013-19.0335) Section 33 of this bill reduces the fee for filing a petition for a guardianship where the stated value of the estate is more than $2,500 from $72 to $5. Section 33 also specifies that no other fee may be charged or collected for the filing of a petition for a guardianship.

      Existing law requires a county recorder to charge and collect a fee of $1 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing other than an originally signed copy of a certificate of marriage, which the county treasurer is required to remit to the State Treasurer for credit to the Account to Assist Persons Formerly in Foster Care. (NRS 247.305) Section 36 of this bill requires a county recorder to charge and collect an additional fee of $3 for the recording of such documents, which the county treasurer is required to remit: (1) to the organization operating the program for legal services for the indigent in the county, to be used to provide legal services for protected persons or proposed protected persons who are adults in guardianship proceedings and, if sufficient funding exists, protected persons and proposed protected persons who are minors in guardianship proceedings; or (2) if such an organization does not exist in the judicial district, to an account maintained by the county for the exclusive use of the district court to pay the reasonable compensation and expenses of attorneys to represent protected persons and proposed protected persons who are adults and do not have the ability to pay such compensation and expenses. Section 37 of this bill requires a county recorder to charge and collect an additional fee of $1 for the recording of such documents, which the county treasurer is required to remit to an account maintained by the county for the exclusive use of the district court to pay the compensation of certain investigators appointed by the court. Section 41 of this bill provides that section 37 becomes effective if, and only if, Assembly Bill No. 319 of this session is enacted by the Legislature and becomes effective.

 

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 159 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 17, inclusive, of this act.

      Sec. 2.  “Interested person” means a person who is entitled to notice of a guardianship proceeding pursuant to NRS 159.034.

      Sec. 3. “Person of natural affection” means a person who is not a family member of a protected person but who shares a relationship with the protected person that is similar to the relationship between family members.

      Sec. 4. As used in sections 4 to 11, inclusive, of this act, “relative” means a parent, child or sibling of a protected person.

 

 


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      Sec. 5. 1.  A guardian shall not restrict the right of a protected person to communicate, visit or interact with a relative or person of natural affection, including, without limitation, by telephone, mail or electronic communication, unless:

      (a) The protected person expresses to the guardian and at least one other independent witness who is not affiliated with or related to the guardian or the protected person that the protected person does not wish to communicate, visit or interact with the relative or person of natural affection;

      (b) There is currently an investigation of the relative or person of natural affection by law enforcement or a court proceeding concerning the alleged abuse of the protected person and the guardian determines that it is in the best interests of the protected person to restrict the communication, visitation or interaction between the protected person and the relative or person of natural affection because of such an investigation or court proceeding;

      (c) The restriction on the communication, visitation or interaction with the relative or person of natural affection is authorized by a court order;

      (d) Subject to the provisions of subsection 2, the guardian determines that the protected person is being physically, emotionally or mentally harmed by the relative or person of natural affection; or

      (e) Subject to the provisions of subsection 3, a determination is made that, as a result of the findings in a plan for the care or treatment of the protected person, visitation, communication or interaction between the protected person and the relative or person of natural affection is detrimental to the health and well-being of the protected person.

      2.  Except as otherwise provided in this subsection, if a guardian restricts communication, visitation or interaction between a protected person and a relative or person of natural affection pursuant to paragraph (d) of subsection 1, the guardian shall file a petition pursuant to section 6 of this act not later than 10 days after restricting such communication, visitation or interaction. A guardian is not required to file such a petition if the relative or person of natural affection is the subject of an investigation or court proceeding pursuant to paragraph (b) of subsection 1 or a pending petition filed pursuant to section 6 of this act.

      3.  A guardian may consent to restricting the communication, visitation or interaction between a protected person and a relative or person of natural affection pursuant to paragraph (e) of subsection 1 if the guardian determines that such a restriction is in the best interests of the protected person. If a guardian makes such a determination, the guardian shall file a notice with the court that specifies the restriction on communication, visitation or interaction not later than 10 days after the guardian is informed of the findings in the plan for the care or treatment of the protected person. The guardian shall serve the notice on the protected person, the attorney of the protected person and any person who is the subject of the restriction on communication, visitation or interaction.

      Sec. 6. 1.  For good cause, a guardian may petition a court to issue an order restricting the ability of a relative or person of natural affection to communicate, visit or interact with a protected person.

      2.  After a petition is filed by a guardian pursuant to subsection 1, a court:

 


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      (a) May appoint a person to meet with the protected person to determine his or her wishes regarding communication, visitation or interaction with the relative or person of natural affection;

      (b) Shall give notice and an opportunity to be heard to the guardian, the protected person and the relative or person of natural affection;

      (c) Shall preserve the right of the protected person to be present at the hearing on the petition; and

      (d) May order supervised communication, visitation or interaction between the protected person and the relative or person of natural affection before the hearing on the petition.

      3.  Upon a showing of good cause by a guardian, a court may issue an order restricting the communication, visitation or interaction between a protected person and a relative or person of natural affection pursuant to this section. When determining whether to issue an order, a court shall consider the following factors:

      (a) Whether any protective order has been issued to protect the protected person from the relative or person of natural affection;

      (b) Whether the relative or person of natural affection has been charged with abuse, neglect or financial exploitation of the protected person;

      (c) Whether the protected person has expressed to the court or to the guardian and at least one other independent witness who is not affiliated with or related to the guardian or the protected person a desire to or a desire not to communicate, visit or interact with the relative or person of natural affection;

      (d) If the protected person is unable to communicate, whether a properly executed living will, durable power of attorney or other written instrument contains a preference by the protected person regarding his or her communication, visitation or interaction with the relative or person of natural affection; and

      (e) Any other factor deemed relevant by the court.

      4.  If a protected person is unable to communicate verbally, the guardian shall provide the court with documentation of any physical reactions or manifestations of agitation, distress or combative or overly emotional behavior by the protected person during or following any contact with a relative or person of natural affection or any opposition by the protected person to any communication, visitation or interaction with a relative or person of natural affection for the purpose of allowing the court to consider whether the protected person has expressed a desire not to communicate, visit or interact with the relative or person of natural affection, as set forth in paragraph (c) of subsection 3. Such documentation may include, without limitation, any nursing notes, caregiver records, medical records or testimony of witnesses.

      5.  A guardian, protected person, relative or person of natural affection may petition the court to modify or rescind any order issued pursuant to this section.

      Sec. 7. 1.  Before issuing an order pursuant to section 6 of this act, a court shall consider imposing any restrictions on communication, visitation or interaction between a protected person and a relative or person of natural affection in the following order of preference:

      (a) Placing reasonable time, manner or place restrictions on communication, visitation or interaction between the protected person and the relative or person of natural affection based on the history between the protected person and the relative or person of natural affection or the wishes of the protected person;

 


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the relative or person of natural affection based on the history between the protected person and the relative or person of natural affection or the wishes of the protected person;

      (b) Requiring that any communication, visitation or interaction between the protected person and the relative or person of natural affection be supervised; and

      (c) Denying communication, visitation or interaction between the protected person and the relative or person of natural affection.

      2.  If the court determines that the relative or person of natural affection poses a threat to the protected person, the court may order supervised communication, visitation or interaction pursuant to paragraph (b) of subsection 1 before denying any communication, visitation or interaction.

      Sec. 8. 1.  If any person, including, without limitation, a protected person, reasonably believes that a guardian has committed an abuse of discretion in making a determination pursuant to paragraph (b) of subsection 1 or subsection 3 of section 5 of this act or has violated a court order issued pursuant to section 6 of this act, the person may petition the court to:

      (a) Require the guardian to grant the relative or person of natural affection access to the protected person;

      (b) Restrict or further restrict the access of the relative or person of natural affection to the protected person;

      (c) Modify the duties of the guardian; or

      (d) Remove the guardian pursuant to NRS 159.185.

      2.  A guardian who violates any provision of sections 4 to 11, inclusive, of this act is subject to removal pursuant to NRS 159.185.

      Sec. 9. 1.  Except as otherwise provided in subsection 2, a court shall schedule a hearing on a petition filed pursuant to section 6 or 8 of this act not later than 63 days after the date the petition is filed.

      2.  If a petition filed pursuant to section 6 or 8 of this act states that the health of the protected person is in significant decline or that the death of the protected person might be imminent, the court shall issue an order for an emergency hearing and conduct the emergency hearing as soon as practicable but not later than 7 days after the date the petition is filed.

      3.  If a court issues an order for an emergency hearing pursuant to subsection 2, the court may order supervised communication, visitation or interaction between the protected person and the relative or person of natural affection before the hearing.

      4.  Notice of the hearing, a copy of the petition and a copy of any order issued pursuant to subsection 2, if applicable, must be personally served upon the protected person and any person against whom the petition is filed. Nothing in this section affects the right of the protected person to appear and be heard in the proceedings.

      Sec. 10. In a proceeding held pursuant to sections 4 to 11, inclusive, of this act:

      1.  The guardian has the burden of proof if he or she:

      (a) Petitions the court to restrict the ability of a relative or person of natural affection to communicate, visit or interact with a protected person pursuant to subsection 1 of section 6 of this act;

      (b) Petitions the court to modify or rescind an order pursuant to subsection 5 of section 6 of this act; or

 


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      (c) Opposes a petition filed pursuant to section 8 of this act.

      2.  A relative or person of natural affection has the burden of proof if he or she petitions the court to modify or rescind an order pursuant to subsection 5 of section 6 of this act.

      Sec. 11. 1.  In a proceeding held pursuant to sections 4 to 11, inclusive, of this act, if the court finds that:

      (a) A petition was filed frivolously or in bad faith, the court shall award attorney’s fees to the party opposing the petition.

      (b) A guardian is in contempt of court or has acted frivolously or in bad faith in prohibiting or restricting communication, visitation or interaction between the relative or person of natural affection and the protected person, the court may:

             (1) Award attorney’s fees to the prevailing party; and

             (2) Impose sanctions against the guardian.

      2.  Any attorney’s fees awarded pursuant to this section must not be paid by the protected person or the estate of the protected person.

      Sec. 12. 1.  Every protected person has the right, if possible, to:

      (a) Have his or her preferences followed; and

      (b) Age in his or her own surroundings or, if not possible, in the least restrictive environment suitable to his or her unique needs and abilities.

      2.  Except as otherwise provided in subsection 5, a proposed protected person must not be moved until a guardian is appointed.

      3.  Except as otherwise provided in this section and subsections 5 and 6 of NRS 159.079, the guardian shall notify all interested persons in accordance with subsection 4 before the protected person:

      (a) Is admitted to a secured residential long-term care facility;

      (b) Changes his or her residence, including, without limitation, to or from one secured residential long-term care facility to another; or

      (c) Will reside at a location other than his or her residence for more than 3 days.

      4.  Except as otherwise provided in this section and subsections 5 and 6 of NRS 159.079, a guardian shall file with the court a notice of his or her intent to move the protected person and shall serve notice upon all interested persons not less than 10 days before moving the protected person. If no objection to the move is received from any interested person within 10 days after receiving the notice, the guardian may move the protected person without court permission.

      5.  If an emergency condition exists, including, without limitation, the health or safety of the protected person is at risk of imminent harm or the protected person has been hospitalized and will be unable to return to his or her residence for a period of more than 24 hours, the guardian may take any temporary action needed without the permission of the court and shall file notice with the court and serve notice upon all interested persons as soon as practicable after taking such action.

      6.  Except as otherwise provided in this subsection, any notice provided to a court, an interested person or person of natural affection pursuant to this section or section 13 of this act must include the current location of the protected person. The guardian shall not provide any contact information to an interested person or person of natural affection if an order of protection has been issued against the interested person or person of natural affection on behalf of the protected person.

 


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      7.  A guardian is not required to provide notice to an interested person or person of natural affection in accordance with this section or section 13 of this act if:

      (a) The interested person or person of natural affection informs the guardian in writing that the person does not wish to receive such notice; or

      (b) The protected person or a court order has expressly prohibited the guardian from providing notice to the interested person or person of natural affection.

      Sec. 13. 1.  Except as otherwise provided in section 12 of this act, a guardian shall immediately notify all interested persons and persons of natural affection:

      (a) If the guardian reasonably believes that the death of the protected person is likely to occur within the next 30 days and such belief is based on information from a psychologist, physician or other health care provider of the protected person or a person otherwise qualified to provide such a medical opinion, including, without limitation, a health care provider employed by a hospice or by a hospital of the Department of Veterans Affairs.

      (b) Upon the death of the protected person.

      (c) Upon obtaining any information relating to the burial or cremation of the protected person.

      2.  The guardian shall provide notification pursuant to paragraph (b) of subsection 1:

      (a) In person or by telephone to the family members of the protected person or, if the protected person does not have any family members or does not have a relationship with any family members, the person of natural affection designated to receive such notification;

      (b) By electronic communication to any family member of the protected person or person of natural affection who has opted to receive notification by electronic communication; and

      (c) In writing to all other interested persons and persons of natural affection not given notice pursuant to paragraph (a) or (b).

      Sec. 14. 1.  If a guardian of the estate has not been appointed, a guardian of the person may:

      (a) Institute proceedings to compel any person under a duty to support the protected person or to pay for the welfare of the protected person to perform that duty; and

      (b) Receive money and tangible property deliverable to the protected person and apply such money and property for the support, care and education of the protected person. The guardian shall not use any money from the estate of the protected person to cover the cost of any room and board that the guardian or the spouse, parent or child of the guardian furnishes to the protected person unless a charge for the service is approved by a court order, after notice to at least one adult relative in the nearest degree of consanguinity to the protected person in which there is an adult. The guardian shall exercise care to conserve any excess money for the needs of the protected person.

      2.  If a guardian of the estate has been appointed, any money received by the guardian of the person that is in excess of the money expended to pay for the support, care and education of the protected person must be paid to the guardian of the estate for management of the estate.

 


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paid to the guardian of the estate for management of the estate. The guardian of the person shall account to the guardian of the estate for any money expended.

      3.  A guardian of the person of a protected person for whom a guardian of the estate also has been appointed may receive reasonable sums for any room and board furnished to the protected person if the guardian of the person presents a claim to the guardian of the estate pursuant to NRS 159.107 and 159.109.

      4.  A guardian of the person may request the guardian of the estate to make a payment from the estate of the protected person to another person or entity for the care and maintenance of the protected person in accordance with NRS 159.107 and 159.109.

      Sec. 15. A protected person or his or her attorney is entitled to receive copies of any accountings relating to any trusts created by or for the benefit of the protected person. A protected person may submit any trust to the jurisdiction of a court if:

      1.  The protected person, his or her spouse, or both the protected person and his or her spouse are grantors and sole beneficiaries of the income of the trust; or

      2.  The trust was created at the discretion of or with the consent of a court.

      Sec. 16. If a guardian:

      1.  Is guilty of gross impropriety in handling the property of the protected person;

      2.  Makes a substantial misstatement in any report filed pursuant to NRS 159.081 or any account filed pursuant to NRS 159.177; or

      3.  Willfully fails to file a report required by NRS 159.081 or an account required by NRS 159.177 after receiving written notice from the court of the failure to file and a grace period of 2 months after such notification has elapsed,

Ê the court may impose a penalty in an amount not to exceed $5,000 and order restitution of any money misappropriated from the estate of a protected person, which must be paid by the guardian and must not be paid by the estate of the protected person.

      Sec. 17. 1.  If a guardian violates any right of a protected person that is set forth in this chapter, a court may take any appropriate action, including, without limitation:

      (a) Issuing an order that certain actions be taken or discontinued;

      (b) Disallowing any fees payable to the guardian;

      (c) After notice and a hearing, issuing an order compensating a protected person or the estate of a protected person for any injury, death or loss of money or property caused by the actions of the guardian or the failure of the guardian to take appropriate action;

      (d) Removing the guardian pursuant to NRS 159.185; or

      (e) Taking any other action that is proper under the circumstances.

      2.  If any action by a guardian is deemed to be deliberately harmful or fraudulent or to have been committed with malice, the court may also impose:

      (a) Twice the actual damages incurred by the protected person; and

      (b) Attorney’s fees and costs.

 


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      Sec. 18. NRS 159.013 is hereby amended to read as follows:

      159.013  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 159.014 to 159.027, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 19. NRS 159.025 is hereby amended to read as follows:

      159.025  “Proposed [ward”] protected person” means any person for whom proceedings for the appointment of a guardian have been initiated in this State or, if the context so requires, for whom similar proceedings have been initiated in another state.

      Sec. 20. NRS 159.027 is hereby amended to read as follows:

      159.027  [“Ward”] “Protected person” means any person for whom a guardian has been appointed.

      Sec. 21. NRS 159.043 is hereby amended to read as follows:

      159.043  1.  All petitions filed in any guardianship proceeding must bear the title of the court and cause.

      2.  The caption of all petitions and other documents filed in a guardianship proceeding must read, “In The Matter of the Guardianship of................ (the person, the estate, or the person and estate),................ (the legal name of the person),................ (adult or minor) [] , Protected Person.”

      Sec. 22. NRS 159.0455 is hereby amended to read as follows:

      159.0455  1.  On or after the date of the filing of a petition to appoint a guardian:

      (a) The court may , in any proceeding, appoint a person to represent the [ward] protected person or proposed [ward] protected person as a guardian ad litem [;] if the court believes that the protected person or proposed protected person will benefit from the appointment and the services of the guardian ad litem will be beneficial in determining the best interests of the protected person or proposed protected person; and

      (b) The guardian ad litem must represent the [ward] protected person or proposed [ward] protected person as a guardian ad litem until relieved of that duty by court order.

      2.  Upon the appointment of the guardian ad litem, the court shall set forth in the order of appointment the duties of the guardian ad litem.

      3.  [The guardian ad litem is entitled to reasonable compensation from the estate of the ward or proposed ward. If the court finds that a person has unnecessarily or unreasonably caused the appointment of a guardian ad litem, the court may order the person to pay to the estate of the ward or proposed ward all or part of the expenses associated with the appointment of the guardian ad litem.] If a court-approved volunteer advocate program for guardians ad litem has been established in a judicial district, a court may appoint a person who is not an attorney to represent a protected person or proposed protected person as a guardian ad litem. If such a program has been established, all volunteers participating in the program must complete appropriate training, as determined by relevant national or state sources or as approved by the Supreme Court or the district court in the judicial district, before being appointed to represent a protected person or proposed protected person.

 

 


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      4.  A guardian ad litem appointed pursuant to this section is an officer of the court and is not a party to the case. A guardian ad litem appointed pursuant to this section shall not offer legal advice to the protected person or proposed protected person but shall:

      (a) Advocate for the best interests of the protected person or proposed protected person in a manner that will enable the court to determine the action that will be the least restrictive and in the best interests of the protected person or proposed protected person; and

      (b) Provide any information required by the court.

      Sec. 23. NRS 159.0485 is hereby amended to read as follows:

      159.0485  1.  [At the first hearing] Upon the filing of a petition for the appointment of a guardian for a proposed [adult ward,] protected person who is an adult, the court shall [advise] appoint an attorney for the proposed [adult ward who is in attendance at the hearing or who is appearing by videoconference at the hearing of his or her right to counsel and determine whether] protected person unless the proposed [adult ward] protected person wishes to [be represented by counsel in the guardianship proceeding. If the proposed adult ward is not in attendance at the hearing because the proposed adult ward has been excused pursuant to NRS 159.0535 and is not appearing by videoconference at the hearing, the proposed adult ward must be advised of his or her right to counsel pursuant to subsection 2 of NRS 159.0535.] retain or has already retained an attorney of his or her own choice.

      2.  [If an adult ward or proposed adult ward is unable to retain legal counsel and requests the appointment of counsel at any stage in a guardianship proceeding and whether or not the adult ward or proposed adult ward lacks or appears to lack capacity, the] The court [shall, at or before the time of the next hearing,] shall:

      (a) If the proposed protected person resides in a county that has a program for legal services for the indigent which provides legal services for protected persons and proposed protected persons who are adults and the program is able to accept the case, appoint an attorney who works for [legal aid services, if available, or a private] the organization operating the program to represent the proposed protected person. After such an appointment, if it is ascertained that the proposed protected person wishes to have another attorney represent him or her, the court shall appoint that attorney to represent the [adult ward or] proposed [adult ward. The appointed] protected person. An attorney appointed pursuant to this subsection shall represent the [adult ward or] proposed [adult ward] protected person until relieved of the duty by court order.

      [3.  Subject to the discretion and approval of the court, the attorney for the adult ward or]

      (b) If the proposed [adult ward is entitled to reasonable compensation and expenses. Unless] protected person resides in a county that does not have a program for legal services for the indigent which provides legal services for protected persons and proposed protected persons who are adults, or if such a program exists but the program is unable to accept the case, the court [determines that the adult ward or] shall determine whether the proposed [adult ward does not have] protected person has the ability to pay [such] the reasonable compensation and expenses [or the court shifts the responsibility of payment to a third party,] of an attorney from his or her estate. If the proposed protected person:

 


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             (1) Has the ability to pay the reasonable compensation and expenses [must] of an attorney, the court shall order an attorney to represent the proposed protected person and require such compensation and expenses of the attorney to be paid from the estate of the [adult ward or] proposed [adult ward, unless] protected person.

             (2) Does not have the ability to pay the reasonable compensation and expenses of an attorney, the court may use the money retained pursuant to subparagraph (2) of paragraph (a) of subsection 3 of NRS 247.305 to pay for an attorney to represent the proposed protected person.

      3.  If an attorney is appointed pursuant to paragraph (a) of subsection 2 and the proposed protected person has the ability to pay the compensation and expenses [are provided for or paid by another person or entity.] of an attorney, the organization operating the program for legal services may request that the court appoint a private attorney to represent the proposed protected person, to be paid by the proposed protected person.

      4.  If the court finds that a person has unnecessarily or unreasonably caused the appointment of an attorney, the court may order the person to pay to the estate of the [adult ward] protected person or proposed [adult ward] protected person all or part of the expenses associated with the appointment of the attorney.

      Sec. 24. NRS 159.0535 is hereby amended to read as follows:

      159.0535  1.  A proposed [ward] protected person who is found in this State must attend the hearing for the appointment of a guardian unless:

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

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

      2.  A proposed [ward] protected person found in this State who cannot attend the hearing for the appointment of a general or special guardian as set forth in a certificate pursuant to subsection 1 may appear by videoconference. If the proposed [ward] protected person is an adult and cannot attend by videoconference, the person who signs the certificate described in subsection 1 or any other person the court finds qualified shall:

      (a) Inform the proposed [adult ward] protected person that the petitioner is requesting that the court appoint a guardian for the proposed [adult ward;] protected person;

      (b) Ask the proposed [adult ward] protected person for a response to the guardianship petition; and

      (c) [Inform the proposed adult ward of his or her right to counsel and ask whether the proposed adult ward wishes to be represented by counsel in the guardianship proceeding; and

 


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      (d)] Ask the preferences of the proposed [adult ward] protected person for the appointment of a particular person as the guardian of the proposed [adult ward.] protected person.

      3.  If the proposed [ward] protected person is an adult, the person who informs the proposed [adult ward] protected person of the rights of the proposed [adult ward] protected person pursuant to subsection 2 shall state in a certificate signed by that person:

      (a) [That the proposed adult ward has been advised of his or her right to counsel and asked whether he or she wishes to be represented by counsel in the guardianship proceeding;

      (b)] The responses of the proposed [adult ward] protected person to the questions asked pursuant to subsection 2; and

      [(c)](b) Any conditions that the person believes may have limited the responses by the proposed [adult ward.] protected person.

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

      5.  If the proposed [ward] protected person is not in this State, the proposed [ward] protected person must attend the hearing only if the court determines that the attendance of the proposed [ward] protected person is necessary in the interests of justice.

      Sec. 25. NRS 159.073 is hereby amended to read as follows:

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

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

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

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

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

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

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

                   (I) Act in the best interest of the [ward] protected person at all times.

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

                   (III) Protect, preserve and manage the income, assets and estate of the [ward] protected person and utilize the income, assets and estate of the [ward] protected person solely for the benefit of the [ward.] protected person.

                   (IV) Maintain the assets of the [ward] protected person in the name of the [ward] protected person or the name of the guardianship. Except when the spouse of the [ward] protected person is also his or her guardian, the assets of the [ward] protected person must not be commingled with the assets of any third party.

 


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                   (V) [Notify the court, all interested parties, the trustee, and named executor or appointed personal representative of the estate of the ward] Provide notification of the death of the [ward within 30 days after the death.] protected person in accordance with section 13 of this act.

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

             (3) A list of actions regarding the [ward] protected person that require the prior approval of the court.

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

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

      Sec. 26. NRS 159.079 is hereby amended to read as follows:

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

      (a) Supplying the [ward] protected person with food, clothing, shelter and all incidental necessaries, including locating an appropriate residence for the [ward.] protected person based on the financial situation and needs of the protected person, including, without limitation, any medical needs or needs relating to his or her care.

      (b) Taking reasonable care of any clothing, furniture, vehicles and other personal effects of the protected person and commencing a proceeding if any property of the protected person is in need of protection.

      (c) Authorizing medical, surgical, dental, psychiatric, psychological, hygienic or other remedial care and treatment for the [ward.

      (c)]protected person.

      (d) Seeing that the [ward] protected person is properly trained and educated and that the [ward] protected person has the opportunity to learn a trade, occupation or profession.

      2.  In the performance of the duties enumerated in subsection 1 by a guardian of the person, due regard must be given to the extent of the estate of the [ward.] protected person. A guardian of the person is not required to incur expenses on behalf of the [ward] protected person except to the extent that the estate of the [ward] protected person is sufficient to reimburse the guardian.

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

 


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      4.  [Except as otherwise provided in subsection 6, a] A guardian of the person may , subject to the provisions of subsection 6 and section 12 of this act, establish and change the residence of the [ward] protected person at any place within this State . [without the permission of the court.] The guardian shall select the least restrictive appropriate residence which is available and necessary to meet the needs of the [ward] protected person and which is financially feasible.

      5.  [Except as otherwise provided in subsection 6, a] A guardian of the person shall petition the court for an order authorizing the guardian to change the residence of the [ward] protected person to a location outside of this State. The guardian must show that the placement outside of this State is in the best interest of the [ward] protected person or that there is no appropriate residence available for the [ward] protected person in this State. The court shall retain jurisdiction over the guardianship unless the guardian files for termination of the guardianship pursuant to NRS 159.1905 or 159.191 or the jurisdiction of the guardianship is transferred to the other state.

      6.  A guardian of the person must file a [petition] notice with the court [requesting authorization] of his or her intent to move a [ward] protected person to or place a [ward] protected person in a secured residential long-term care facility [unless:] pursuant to subsection 4 of section 12 of this act unless the secured residential long-term care facility is in this State and:

      (a) An emergency condition exists pursuant to subsection 5 of section 12 of this act;

      (b) The court has previously granted the guardian authority to move the [ward] protected person to or place the [ward] protected person in such a facility based on findings made when the court appointed the guardian; or

      [(b)](c) The move or placement is made pursuant to a written recommendation by a licensed physician, a physician employed by the Department of Veterans Affairs, a licensed social worker or an employee of a county or state office for protective services.

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

      8.  As used in this section “protective services” has the meaning ascribed to it in NRS 200.5092.

      Sec. 27. NRS 159.081 is hereby amended to read as follows:

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

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

      (b) Within 10 days of moving a [ward] protected person to a secured residential long-term care facility; and

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

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

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

      (b) Be served, without limitation, on the attorney for the [ward,] protected person, if any.

 


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      3.  The court may prescribe the form [and contents] for filing a report described in subsection 1. Such a report must include, without limitation:

      (a) The physical condition of the protected person;

      (b) The place of residence of the protected person;

      (c) The name of all other persons living with the protected person unless the protected person is residing at a secured residential long-term care facility, group home, supportive living facility, assisted living facility or other facility for long-term care; and

      (d) Any other information required by the court.

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

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

      6.  As used in this section, “facility for long-term care” has the meaning ascribed to it in NRS 427A.028.

      Sec. 28. NRS 159.177 is hereby amended to read as follows:

      159.177  1.  A guardian of the estate or special guardian who is authorized to manage the [ward’s] property of the protected person shall make and file a verified account in the guardianship proceeding:

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

      2.]protected person.

      (b) Upon filing a petition to resign and before the resignation is accepted by the court.

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

      [4.](d) Within 90 days after the date of termination of the guardianship or the death of the [ward,] protected person, unless the court authorizes a longer period.

      [5.](e) At any other time as required by law or as the court may order.

      2.  An account filed pursuant to this section must be served on the attorney of the protected person and, if the protected person is living, on the protected person.

      Sec. 29. NRS 159.179 is hereby amended to read as follows:

      159.179  1.  An account made and filed by a guardian of the estate or special guardian who is authorized to manage the [ward’s] property of a protected person must include, without limitation, the following information:

      (a) The period covered by the account.

      (b) The assets of the protected person at the beginning and end of the period covered by the account, including the beginning and ending balances of any accounts.

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

      (c)], including, without limitation, any disbursements for the support of the protected person or other expenses incurred by the estate during the period covered by the account.

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

 


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

      (e)], including, without limitation, any income received during the period covered by the account.

      (f) Any other information the guardian considers necessary to show the condition of the affairs of the [ward.] protected person.

      (g) Any other information required by the court.

      2.  All expenditures included in the account must be itemized.

      3.  If the account is for the estates of two or more [wards,] protected persons, it must show the interest of each [ward] protected person in the receipts, disbursements and property.

      [3.]4.  Receipts or vouchers for all expenditures must be retained by the guardian for examination by the court or an interested person. [Unless ordered by the court, the] A public guardian [is not required to] shall produce such receipts or vouchers upon the request of the court, the protected person to whom the receipt or voucher pertains, the attorney of such a protected person or any interested person. All other guardians shall file such receipts or vouchers with the court [.

      4.]if:

      (a) The receipt or voucher is for an amount greater than $250, unless such a requirement is waived by the court; or

      (b) The court orders the filing.

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

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

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

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

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

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

      Sec. 30. NRS 159.183 is hereby amended to read as follows:

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

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

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

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

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

      (a) The nature of the guardianship;

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

 


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      (c) Any other relevant factors.

      3.  In the absence of an order of the court pursuant to this chapter shifting the responsibility of the payment of compensation and expenses, the payment of compensation and expenses must be paid from the estate of the [ward.] protected person. In evaluating the ability of a [ward] protected person to pay such compensation and expenses, the court may consider:

      (a) The nature, extent and liquidity of the [ward’s] assets [;] of the protected person;

      (b) The disposable net income of the [ward;] protected person;

      (c) Any foreseeable expenses; and

      (d) Any other factors that are relevant to the duties of the guardian pursuant to NRS 159.079 or 159.083.

      4.  A private professional guardian is not allowed compensation or expenses for services incurred by the private professional guardian as a result of a petition to have him or her removed as guardian if the court removes the private professional guardian pursuant to the provisions of paragraph (b), (d), (e), (f) or [(h)] (k) of subsection 1 of NRS 159.185.

      Sec. 31. NRS 159.185 is hereby amended to read as follows:

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

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

      (b) The guardian is no longer qualified to act as a guardian pursuant to NRS 159.0613 if the [ward] protected person is an adult or NRS 159.061 if the [ward] protected person is a minor;

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

      (d) The guardian of the estate has mismanaged the estate of the [ward;] protected person;

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

             (1) The negligence resulted in injury to the [ward] protected person or the estate of the [ward;] protected person; or

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

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

      (g) The guardian has violated any right of the protected person that is set forth in this chapter;

      (h) The guardian has violated a court order or committed an abuse of discretion in making a determination pursuant to paragraph (b) of subsection 1 or subsection 3 of section 5 of this act;

      (i) The guardian has violated any provision of sections 4 to 11, inclusive, of this act or a court order issued pursuant to section 6 of this act;

      (j) The best interests of the [ward] protected person will be served by the appointment of another person as guardian; or

      [(h)](k) The guardian is a private professional guardian who is no longer qualified as a private professional guardian pursuant to NRS 159.0595.

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

 


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      Sec. 32. NRS 159.1905 is hereby amended to read as follows:

      159.1905  1.  A [ward,] protected person, the guardian or another person may petition the court for the termination or modification of a guardianship. The petition must state or contain:

      (a) The name and address of the petitioner.

      (b) The relationship of the petitioner to the [ward.] protected person.

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

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

      (e) The reason for termination or modification.

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

      (g) A general description and the value of the remaining property of the [ward] protected person and the proposed disposition of that property.

      2.  Upon the filing of the petition, the court [may] shall appoint an attorney to represent the [ward] protected person if:

      (a) The [ward] protected person is unable to retain an attorney; [and] or

      (b) The court determines that the appointment is necessary to protect the interests of the [ward.] protected person.

      3.  The petitioner has the burden of proof to show by clear and convincing evidence that the termination or modification of the guardianship of the person, of the estate, or of the person and estate is in the best interests of the [ward.] protected person.

      4.  The court shall issue a citation to the guardian and all interested persons requiring them to appear and show cause why termination or modification of the guardianship should not be granted.

      5.  If the court finds that the petitioner did not file a petition for termination or modification in good faith or in furtherance of the best interests of the [ward,] protected person, the court may:

      (a) Disallow the petitioner from petitioning the court for attorney’s fees from the estate of the [ward;] protected person; and

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

      Sec. 33. NRS 19.013 is hereby amended to read as follows:

      19.013  1.  Except as otherwise provided by specific statute, the county clerk or clerk of the court, as applicable, shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, or on the transfer of any action or proceeding from a district court of another county, except probate or guardianship proceedings, to be paid by the party commencing the action, proceeding or transfer..................... $56.00

On an appeal to the district court of any case from a justice court or a municipal court, or on the transfer of any case from a justice court or a municipal court................................... 42.00

 


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On the filing of a petition for letters testamentary, letters of administration [,] or setting aside an estate without administration, [or a guardianship,] which fee includes the court fee prescribed by NRS 19.020, to be paid by the petitioner:

Where the stated value of the estate is more than $2,500 $72.00

Where the stated value of the estate is $2,500 or less, no fee may be charged or collected.

On the filing of a petition for a guardianship, to be paid by the petitioner:

Where the stated value of the estate is more than $2,500. 5.00

Where the stated value of the estate is $2,500 or less, no fee may be charged or collected.

On the filing of a petition to contest any will or codicil, to be paid by the petitioner      44.00

On the filing of an objection or cross-petition to the appointment of an executor [,] or administrator , [or guardian,] or an objection to the settlement of account or any answer in an estate [or guardianship] matter    44.00

On the appearance of any defendant or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by the defendant or defendants........ 44.00

For filing a notice of appeal................................................................ 24.00

For issuing a transcript of judgment and certifying thereto............. 3.00

For preparing any copy of any record, proceeding or paper, for each page, unless such fee is waived by the county clerk or clerk of the court.......................................................................... 0.50

For each certificate of the clerk, under the seal of the court........... 3.00

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for a certificate of the county clerk or clerk of the court.................... 5.00

For filing all papers not otherwise provided for, other than papers filed in actions and proceedings in court and papers filed by public officers in their official capacity....................... 15.00

For issuing any certificate under seal, not otherwise provided for.. 6.00

For searching records or files in the office of the county clerk or clerk of the court, for each year, unless such fee is waived by the county clerk or clerk of the court, as applicable 0.50

For filing and recording a bond of a notary public, per name...... 15.00

For entering the name of a firm or corporation in the register of the county clerk   20.00

 


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      2.  A county clerk may charge and collect, in addition to any fee that a county clerk is otherwise authorized to charge and collect, an additional fee not to exceed $5 for filing and recording a bond of a notary public, per name. On or before the fifth day of each month, the county clerk shall pay to the county treasurer the amount of fees collected by the county clerk pursuant to this subsection for credit to the account established pursuant to NRS 19.016.

      3.  Except as otherwise provided by specific statute, all fees prescribed in this section are payable in advance if demanded by the county clerk or clerk of the court, as applicable.

      4.  The fees set forth in subsection 1 are payment in full for all services rendered by the county clerk or clerk of the court, as applicable, in the case for which the fees are paid, including the preparation of the judgment roll, but the fees do not include payment for typing, copying, certifying or exemplifying or authenticating copies.

      5.  No fee may be charged to any attorney at law admitted to practice in this State for searching records or files in the office of the clerk. No fee may be charged for any services rendered to a defendant or the defendant’s attorney in any criminal case or in habeas corpus proceedings.

      6.  Notwithstanding any other provision of law, no fee may be charged or collected for the filing of a petition for a guardianship other than the fee established in subsection 1.

      7.  Each county clerk and clerk of the court shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

      Sec. 34. NRS 19.020 is hereby amended to read as follows:

      19.020  1.  At the time of the commencement of every civil action or other proceeding in the several district courts, the plaintiff shall pay the clerk of the court in which the action is commenced the sum of $3, except as otherwise provided by specific statute.

      2.  At the commencement of any proceeding in any district court for the purpose of procuring an appointment of administration upon the estate of any deceased person, [or procuring an appointment as guardian,] the party instituting the proceeding shall pay the clerk of the court the sum of $1.50.

      3.  Whenever any appeal is taken in a civil action or proceeding from the judgment or decision of a Justice Court, or other tribunal inferior to the district court, the party appealing shall, before the return to the appeal may be filed in the appellate court, pay to the clerk of the appellate court the sum of $5.

      4.  The several fees provided for in this section are designated as court fees, and no such action may be deemed commenced, proceedings instituted, nor appeal perfected until the court fees are paid.

      Sec. 35. NRS 19.0302 is hereby amended to read as follows:

      19.0302  1.  Except as otherwise provided by specific statute and in addition to any other fee required by law, the clerk of the court shall charge and collect the following fees:

      (a) On the commencement of any action or proceeding in the district court, other than those listed in paragraphs (c), (e) and (f), or on the transfer of any action or proceeding from a district court of another county, to be paid by the party commencing the action, proceeding or transfer....................................................................... $99

 


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      (b) On the appearance of any defendant or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by the defendant or defendants.............................. $99

      (c) On the filing of a petition for letters testamentary [,] or letters of administration , [or a guardianship,] which fee does not include the court fee prescribed by NRS 19.020, to be paid by the petitioner:

             (1) Where the stated value of the estate is $200,000 or more...... $352

             (2) Where the stated value of the estate is more than $20,000 but less than $200,000     $99

             (3) Where the stated value of the estate is $20,000 or less, no fee may be charged or collected.

      (d) On the filing of a motion for summary judgment or a joinder thereto $200

      (e) On the commencement of an action defined as a business matter pursuant to the local rules of practice and on the answer or appearance of any party in any such action or proceeding, to be paid by the party commencing, answering or appearing in the action or proceeding thereto............................................ $1,359

      (f) On the commencement of:

             (1) An action for a constructional defect pursuant to NRS 40.600 to 40.695, inclusive; or

             (2) Any other action defined as “complex” pursuant to the local rules of practice,

Ê and on the answer or appearance of any party in any such action or proceeding, to be paid by the party commencing, answering or appearing in the action or proceeding..................................... $349

      (g) On the filing of a third-party complaint, to be paid by the filing party $135

      (h) On the filing of a motion to certify or decertify a class, to be paid by the filing party  $349

      (i) For the issuance of any writ of attachment, writ of garnishment, writ of execution or any other writ designed to enforce any judgment of the court................................................................................... $10

      2.  Except as otherwise provided in subsection 4, fees collected pursuant to this section must be deposited into a special account administered by the county and maintained for the benefit of the district court. The money in that account must be used only:

      (a) To offset the costs for adding and maintaining new judicial departments, including, without limitation, the cost for additional staff;

      (b) To reimburse the county for any capital costs incurred for maintaining any judicial departments that are added by the 75th Session of the Nevada Legislature; and

      (c) If any money remains in the account in a fiscal year after satisfying the purposes set forth in paragraphs (a) and (b), to:

             (1) Acquire land on which to construct additional facilities for the district court or a regional justice center that includes the district court;

             (2) Construct or acquire additional facilities for the district court or a regional justice center that includes the district court;

             (3) Renovate or remodel existing facilities for the district court or a regional justice center that includes the district court;

 


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             (4) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or the renovation of an existing facility for the district court or a regional justice center that includes the district court;

             (5) Acquire advanced technology;

             (6) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or the construction or renovation of facilities for the district court or a regional justice center that includes the district court;

             (7) In a county whose population is less than 100,000, support court appointed special advocate programs for children, at the discretion of the judges of the judicial district;

             (8) In a county whose population is less than 100,000, support legal services to the indigent and to be used by the organization operating the program for legal services that receives the fees charged pursuant to NRS 19.031 for the operation of programs for the indigent; or

             (9) Be carried forward to the next fiscal year.

      3.  Except as otherwise provided by specific statute, all fees prescribed in this section are payable in advance if demanded by the clerk of the court.

      4.  Each clerk of the court shall, on or before the fifth day of each month, account for and pay to the county treasurer:

      (a) In a county whose population is 100,000 or more, an amount equal to $10 of each fee collected pursuant to paragraphs (a) and (b) of subsection 1 during the preceding month. The county treasurer shall remit quarterly to the organization operating the program for legal services that receives the fees charged pursuant to NRS 19.031 for the operation of programs for the indigent all the money received from the clerk of the court pursuant to this paragraph.

      (b) All remaining fees collected pursuant to this section during the preceding month.

      Sec. 36. NRS 247.305 is hereby amended to read as follows:

      247.305  1.  If another statute specifies the fee to be charged for a service, county recorders shall charge and collect only the fee specified. Otherwise, unless prohibited by NRS 375.060, county recorders shall charge and collect the following fees:

      (a) For recording any document, for the first page.................................. $10

      (b) For each additional page.......................................................................... $1

      (c) For recording each portion of a document which must be separately indexed, after the first indexing    $3

      (d) For copying any record, for each page.................................................. $1

      (e) For certifying, including certificate and seal.......................................... $4

      (f) For a certified copy of a certificate of marriage................................. $10

      (g) For a certified abstract of a certificate of marriage........................... $10

      (h) For a certified copy of a certificate of marriage or for a certified abstract of a certificate of marriage, the additional sum of $5 for the Account for Aid for Victims of Domestic Violence in the State General Fund. The fees collected for this purpose must be paid over to the county treasurer by the county recorder on or before the fifth day of each month for the preceding calendar month, and must be credited to that Account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the recorder to the State Controller for credit to that Account.

 


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      2.  Except as otherwise provided in this subsection and NRS 375.060, a county recorder may charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee not to exceed $3 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder may not charge the additional fee authorized in this subsection for recording an originally signed certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay the amount of fees collected by him or her pursuant to this subsection to the county treasurer for credit to the account established pursuant to NRS 247.306.

      3.  Except as otherwise provided in this subsection and NRS 375.060, a county recorder shall charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee of [$1] $4 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder shall not charge the additional fee authorized in this subsection for recording an originally signed certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay the amount of fees collected by him or her pursuant to this subsection to the county treasurer. On or before the 15th day of each month, the county treasurer shall remit the money received by him or her pursuant to this subsection in the following amounts for each fee received:

      (a) Three dollars:

             (1) To the organization operating the program for legal services for the indigent that receives the fees charged pursuant to NRS 19.031 to be used to provide legal services for:

                   (I) Protected persons or proposed protected persons who are adults in guardianship proceedings; and

                   (II) If sufficient funding exists, protected persons or proposed protected persons who are minors in guardianship proceedings, including, without limitation, any guardianship proceeding involving an allegation of financial mismanagement of the estate of a minor; or

             (2) If the organization described in subparagraph (1) does not exist in the judicial district, to an account maintained by the county for the exclusive use of the district court to pay the reasonable compensation and expenses of attorneys to represent protected persons and proposed protected persons who are adults and do not have the ability to pay such compensation and expenses, in accordance with NRS 159.0485.

      (b) One dollar to the State Treasurer for credit to the Account to Assist Persons Formerly in Foster Care established pursuant to NRS 432.017.

      4.  Except as otherwise provided in this subsection and NRS 375.060, a board of county commissioners may, in addition to any fee that a county recorder is otherwise authorized to charge and collect, impose by ordinance a fee of not more than $3 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder shall not charge the additional fee authorized by this subsection for recording an originally signed certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay the amount of fees collected by him or her pursuant to this subsection to the county treasurer. On or before the 15th day of each month, the county treasurer shall remit the money received by him or her pursuant to this subsection to the organization operating the program for legal services for the indigent that receives the fees charged pursuant to NRS 19.031 to be used to provide legal services for abused and neglected children.

 


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receives the fees charged pursuant to NRS 19.031 to be used to provide legal services for abused and neglected children.

      5.  Except as otherwise provided in this subsection or subsection 6 or by specific statute, a county recorder may charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee not to exceed $25 for recording any document that does not meet the standards set forth in subsection 3 of NRS 247.110. A county recorder shall not charge the additional fee authorized by this subsection for recording a document that is exempt from the provisions of subsection 3 of NRS 247.110.

      6.  Except as otherwise provided in subsection 7, a county recorder shall not charge or collect any fees for any of the services specified in this section when rendered by the county recorder to:

      (a) The county in which the county recorder’s office is located.

      (b) The State of Nevada or any city or town within the county in which the county recorder’s office is located, if the document being recorded:

             (1) Conveys to the State, or to that city or town, an interest in land;

             (2) Is a mortgage or deed of trust upon lands within the county which names the State or that city or town as beneficiary;

             (3) Imposes a lien in favor of the State or that city or town; or

             (4) Is a notice of the pendency of an action by the State or that city or town.

      7.  A county recorder shall charge and collect the fees specified in this section for copying any document at the request of the State of Nevada, and any city or town within the county. For copying, and for his or her certificate and seal upon the copy, the county recorder shall charge the regular fee.

      8.  If the amount of money collected by a county recorder for a fee pursuant to this section:

      (a) Exceeds by $5 or less the amount required by law to be paid, the county recorder shall deposit the excess payment with the county treasurer for credit to the county general fund.

      (b) Exceeds by more than $5 the amount required by law to be paid, the county recorder shall refund the entire amount of the excess payment.

      9.  Except as otherwise provided in subsection 2, 3, 4 or 8 or by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the fifth working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.

      10.  For the purposes of this section, “State of Nevada,” “county,” “city” and “town” include any department or agency thereof and any officer thereof in his or her official capacity.

      Sec. 37. NRS 247.305 is hereby amended to read as follows:

      247.305  1.  If another statute specifies the fee to be charged for a service, county recorders shall charge and collect only the fee specified. Otherwise, unless prohibited by NRS 375.060, county recorders shall charge and collect the following fees:

      (a) For recording any document, for the first page.................................. $10

      (b) For each additional page.......................................................................... $1

      (c) For recording each portion of a document which must be separately indexed, after the first indexing    $3

      (d) For copying any record, for each page.................................................. $1

 


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      (e) For certifying, including certificate and seal.......................................... $4

      (f) For a certified copy of a certificate of marriage................................. $10

      (g) For a certified abstract of a certificate of marriage........................... $10

      (h) For a certified copy of a certificate of marriage or for a certified abstract of a certificate of marriage, the additional sum of $5 for the Account for Aid for Victims of Domestic Violence in the State General Fund. The fees collected for this purpose must be paid over to the county treasurer by the county recorder on or before the fifth day of each month for the preceding calendar month, and must be credited to that Account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the recorder to the State Controller for credit to that Account.

      2.  Except as otherwise provided in this subsection and NRS 375.060, a county recorder may charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee not to exceed $3 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder may not charge the additional fee authorized in this subsection for recording an originally signed certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay the amount of fees collected by him or her pursuant to this subsection to the county treasurer for credit to the account established pursuant to NRS 247.306.

      3.  Except as otherwise provided in this subsection and NRS 375.060, a county recorder shall charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee of [$4] $5 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder shall not charge the additional fee authorized in this subsection for recording an originally signed certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay the amount of fees collected by him or her pursuant to this subsection to the county treasurer. On or before the 15th day of each month, the county treasurer shall remit the money received by him or her pursuant to this subsection in the following amounts for each fee received:

      (a) Three dollars:

             (1) To the organization operating the program for legal services for the indigent that receives the fees charged pursuant to NRS 19.031 to be used to provide legal services for:

                   (I) Protected persons or proposed protected persons who are adults in guardianship proceedings; and

                    (II) If sufficient funding exists, protected persons or proposed protected persons who are minors in guardianship proceedings, including, without limitation, any guardianship proceeding involving an allegation of financial mismanagement of the estate of a minor; or

             (2) If the organization described in subparagraph (1) does not exist in the judicial district, to an account maintained by the county for the exclusive use of the district court to pay the reasonable compensation and expenses of attorneys to represent protected persons and proposed protected persons who are adults and do not have the ability to pay such compensation and expenses, in accordance with NRS 159.0485.

      (b) One dollar to the State Treasurer for credit to the Account to Assist Persons Formerly in Foster Care established pursuant to NRS 432.017.

 


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      (c) One dollar to an account maintained by the county for the exclusive use of the district court to pay the compensation of investigators appointed by the court pursuant to section 28 of Assembly Bill No. 319 of this session.

      4.  Except as otherwise provided in this subsection and NRS 375.060, a board of county commissioners may, in addition to any fee that a county recorder is otherwise authorized to charge and collect, impose by ordinance a fee of not more than $3 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder shall not charge the additional fee authorized by this subsection for recording an originally signed certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay the amount of fees collected by him or her pursuant to this subsection to the county treasurer. On or before the 15th day of each month, the county treasurer shall remit the money received by him or her pursuant to this subsection to the organization operating the program for legal services for the indigent that receives the fees charged pursuant to NRS 19.031 to be used to provide legal services for abused and neglected children.

      5.  Except as otherwise provided in this subsection or subsection 6 or by specific statute, a county recorder may charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee not to exceed $25 for recording any document that does not meet the standards set forth in subsection 3 of NRS 247.110. A county recorder shall not charge the additional fee authorized by this subsection for recording a document that is exempt from the provisions of subsection 3 of NRS 247.110.

      6.  Except as otherwise provided in subsection 7, a county recorder shall not charge or collect any fees for any of the services specified in this section when rendered by the county recorder to:

      (a) The county in which the county recorder’s office is located.

      (b) The State of Nevada or any city or town within the county in which the county recorder’s office is located, if the document being recorded:

             (1) Conveys to the State, or to that city or town, an interest in land;

             (2) Is a mortgage or deed of trust upon lands within the county which names the State or that city or town as beneficiary;

             (3) Imposes a lien in favor of the State or that city or town; or

             (4) Is a notice of the pendency of an action by the State or that city or town.

      7.  A county recorder shall charge and collect the fees specified in this section for copying any document at the request of the State of Nevada, and any city or town within the county. For copying, and for his or her certificate and seal upon the copy, the county recorder shall charge the regular fee.

      8.  If the amount of money collected by a county recorder for a fee pursuant to this section:

      (a) Exceeds by $5 or less the amount required by law to be paid, the county recorder shall deposit the excess payment with the county treasurer for credit to the county general fund.

      (b) Exceeds by more than $5 the amount required by law to be paid, the county recorder shall refund the entire amount of the excess payment.

      9.  Except as otherwise provided in subsection 2, 3, 4 or 8 or by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the fifth working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.

 


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ê2017 Statutes of Nevada, Page 2571 (Chapter 390, SB 433)ê

 

      10.  For the purposes of this section, “State of Nevada,” “county,” “city” and “town” include any department or agency thereof and any officer thereof in his or her official capacity.

      Sec. 38. NRS 628B.100 is hereby amended to read as follows:

      628B.100  [“Ward”] “Protected person” has the meaning ascribed to it in NRS 159.027.

      Sec. 39.  1.  When the next reprint of the Nevada Revised Statutes is prepared by the Legislative Counsel, the Legislative Counsel shall replace the term “ward” as it appears in the Nevada Revised Statutes with the term “protected person” in the manner provided in this act.

      2.  The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, make such changes as necessary so that the term “ward” is replaced with the term “protected person” as provided for in this act.

      3.  To the extent that revisions are made to the Nevada Revised Statutes pursuant to subsection 1, the revisions shall be construed as nonsubstantive and it is not the intent of the Nevada Legislature to modify any existing interpretations of any statute which is so revised.

      Sec. 40.  The amendatory provisions of section 23 of this act apply to a petition for the appointment of a guardian for a proposed protected person that is filed on or after July 1, 2017.

      Sec. 41.  1.  This section and sections 1 to 36, inclusive, 38, 39 and 40 of this act become effective on July 1, 2017.

      2.  Section 37 of this act becomes effective on July 1, 2017, if, and only if, Assembly Bill No. 319 of this session is enacted by the Legislature and becomes effective.

________

CHAPTER 391, SB 398

Senate Bill No. 398–Senator Kieckhefer

 

CHAPTER 391

 

[Approved: June 5, 2017]

 

AN ACT relating to electronic transactions; recognizing blockchain technology as a type of electronic record for the purposes of the Uniform Electronic Transactions Act; prohibiting a local government from taxing or imposing restrictions upon the use of a blockchain; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law gives legal recognition to electronic records, signatures and contracts that comply with certain requirements and allows an electronic record or signature to satisfy a requirement for a written record or signature in certain circumstances. (NRS 719.240-719.350) Section 1 of this bill defines the term “blockchain,” and section 3 of this bill includes blockchain within the definition of electronic record for similar purposes. Sections 4 and 6 of this bill prohibit a local government from: (1) imposing a tax or fee on the use of a blockchain; (2) requiring a certificate, license or permit to use a blockchain; and (3) imposing any other requirement relating to the use of a blockchain.

 


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ê2017 Statutes of Nevada, Page 2572 (Chapter 391, SB 398)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 719 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Blockchain” means an electronic record of transactions or other data which is:

      1.  Uniformly ordered;

      2.  Redundantly maintained or processed by one or more computers or machines to guarantee the consistency or nonrepudiation of the recorded transactions or other data; and

      3.  Validated by the use of cryptography.

      Sec. 2. NRS 719.020 is hereby amended to read as follows:

      719.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 719.030 to 719.180, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 3. NRS 719.090 is hereby amended to read as follows:

      719.090  “Electronic record” means a record created, generated, sent, communicated, received or stored by electronic means. The term includes, without limitation, a blockchain.

      Sec. 4. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A board of county commissioners shall not:

      (a) Impose any tax or fee on the use of a blockchain by any