[Rev. 11/14/2017 12:07:06 PM]

Link to Page 2838

 

…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2839ê

 

CHAPTER 423, AB 291

Assembly Bill No. 291–Assemblyman Ohrenschall

 

CHAPTER 423

 

[Approved: June 6, 2017]

 

AN ACT relating to criminal procedure; revising provisions relating to reports of presentence investigations and general investigations; requiring certain information to be included in a presentence report; authorizing the court to order the correction of the factual content of reports of presentence investigations and general investigations by the Division of Parole and Probation of the Department of Public Safety under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Division of Parole and Probation of the Department of Public Safety to make presentence investigations and reports in certain circumstances and to include certain information and recommendations. (NRS 176.133-176.159) Section 1 of this bill requires the Division to also include in the report of any presentence investigation: (1) certain information concerning the criminal history of the defendant; and (2) whether information pertaining to the defendant’s financial condition has been verified. Section 1 also requires the Division to include the source of any information as stated in the report, that is related to the defendant’s offense, including information from: (1) a police report; (2) an investigative report filed with law enforcement; or (3) any other source available to the Division. Further, section 1 requires the Division to include any scoresheets or scales used to determine a recommendation: (1) of certain penalties for the defendant; and (2) if appropriate, that the defendant undergo a program of regimental discipline. Additionally, sections 1 and 2 of this bill change the term “criminal record” to “criminal convictions.”

      Existing law requires the Division to afford an opportunity to the prosecuting attorney, the counsel for the defendant and the defendant to object to factual errors in a report of any presentence investigation or general investigation. (NRS 176.156) Section 4 of this bill authorizes the court to order the Division to correct the contents of any such report following sentencing of the defendant if the prosecuting attorney and the defendant stipulate to correcting the contents of any such report within 180 days after the date on which the judgment of conviction was entered.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 176.145 is hereby amended to read as follows:

      176.145  1.  The report of any presentence investigation must contain:

      (a) Any [prior] :

             (1) Prior criminal [record] convictions of the defendant;

             (2) Unresolved criminal cases involving the defendant;

             (3) Incidents in which the defendant has failed to appear in court when his or her presence was required;

             (4) Arrests during the 10 years immediately preceding the date of the offense for which the report is being prepared; and

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2840 (Chapter 423, AB 291)ê

 

             (5) Participation in any program in a specialty court or any diversionary program, including whether the defendant successfully completed the program;

      (b) Information concerning the characteristics of the defendant, the defendant’s financial condition, including whether the information pertaining to the defendant’s financial condition has been verified, the circumstances affecting the defendant’s behavior and the circumstances of the defendant’s offense that may be helpful in imposing sentence, in granting probation or in the correctional treatment of the defendant;

      (c) Information concerning the effect that the offense committed by the defendant has had upon the victim, including, without limitation, any physical or psychological harm or financial loss suffered by the victim, to the extent that such information is available from the victim or other sources, but the provisions of this paragraph do not require any particular examination or testing of the victim, and the extent of any investigation or examination is solely at the discretion of the court or the Division and the extent of the information to be included in the report is solely at the discretion of the Division;

      (d) Information concerning whether the defendant has an obligation for the support of a child, and if so, whether the defendant is in arrears in payment on that obligation;

      (e) Data or information concerning reports and investigations thereof made pursuant to chapter 432B of NRS that relate to the defendant and are made available pursuant to NRS 432B.290;

      (f) The results of the evaluation of the defendant conducted pursuant to NRS 484C.300, if such an evaluation is required pursuant to that section;

      (g) A recommendation of a minimum term and a maximum term of imprisonment or other term of imprisonment authorized by statute, or a fine, or both;

      (h) A recommendation, if the Division deems it appropriate, that the defendant undergo a program of regimental discipline pursuant to NRS 176A.780;

      (i) If a psychosexual evaluation of the defendant is required pursuant to NRS 176.139, a written report of the results of the psychosexual evaluation of the defendant and all information that is necessary to carry out the provisions of NRS 176A.110; and

      (j) Such other information as may be required by the court.

      2.  The Division shall include in the report all scoresheets and scales used in determining any recommendation made pursuant to paragraphs (g) and (h) of subsection 1.

      3.  The Division shall include in the report the source of any information, as stated in the report, related to the defendant’s offense, including, without limitation, information from:

      (a) A police report;

      (b) An investigative report filed with law enforcement; or

      (c) Any other source available to the Division.

      4.  The Division may include in the report any additional information that it believes may be helpful in imposing a sentence, in granting probation or in correctional treatment.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2841 (Chapter 423, AB 291)ê

 

      Sec. 2. NRS 176.151 is hereby amended to read as follows:

      176.151  1.  If a defendant pleads guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of, one or more category E felonies, but no other felonies, the Division shall not make a presentence investigation and report on the defendant pursuant to NRS 176.135, unless the Division has not made a presentence investigation and report on the defendant pursuant to NRS 176.135 within the 5 years immediately preceding the date initially set for sentencing on the category E felony or felonies and:

      (a) The court requests a presentence investigation and report; or

      (b) The prosecuting attorney possesses evidence that would support a decision by the court to deny probation to the defendant pursuant to paragraph (b) of subsection 1 of NRS 176A.100.

      2.  If the Division does not make a presentence investigation and report on a defendant pursuant to subsection 1, the Division shall, not later than 45 days after the date on which the defendant is sentenced, make a general investigation and report on the defendant that contains:

      (a) Any prior criminal [record] convictions of the defendant;

      (b) Information concerning the characteristics of the defendant, the circumstances affecting the defendant’s behavior and the circumstances of the defendant’s offense that may be helpful to persons responsible for the supervision or correctional treatment of the defendant;

      (c) Information concerning the effect that the offense committed by the defendant has had upon the victim, including, without limitation, any physical or psychological harm or financial loss suffered by the victim, to the extent that such information is available from the victim or other sources, but the provisions of this paragraph do not require any particular examination or testing of the victim, and the extent of any investigation or examination and the extent of the information included in the report is solely at the discretion of the Division;

      (d) Data or information concerning reports and investigations thereof made pursuant to chapter 432B of NRS that relate to the defendant and are made available pursuant to NRS 432B.290; and

      (e) Any other information that the Division believes may be helpful to persons responsible for the supervision or correctional treatment of the defendant.

      Sec. 3. (Deleted by amendment.)

      Sec. 4. NRS 176.156 is hereby amended to read as follows:

      176.156  1.  The Division shall disclose to the prosecuting attorney, the counsel for the defendant and the defendant the factual content of the report of:

      (a) Any presentence investigation made pursuant to NRS 176.135 and the recommendations of the Division, in the period provided in NRS 176.153.

      (b) Any general investigation made pursuant to NRS 176.151.

Ê The Division shall afford an opportunity to each party to object to factual errors in any such report and to comment on any recommendations. The court may order the Division to correct the contents of any such report following sentencing of the defendant if, within 180 days after the date on which the judgment of conviction was entered, the prosecuting attorney and the defendant stipulate to correcting the contents of any such report.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2842 (Chapter 423, AB 291)ê

 

      2.  Unless otherwise ordered by a court, upon request, the Division shall disclose the content of a report of a presentence investigation or general investigation to a law enforcement agency of this State or a political subdivision thereof and to a law enforcement agency of the Federal Government for the limited purpose of performing their duties, including, without limitation, conducting hearings that are public in nature.

      3.  Unless otherwise ordered by a court, upon request, the Division shall disclose the content of a report of a presentence investigation or general investigation to the Division of Public and Behavioral Health of the Department of Health and Human Services for the limited purpose of performing its duties, including, without limitation, evaluating and providing any report or information to the Division concerning the mental health of:

      (a) A sex offender as defined in NRS 213.107; or

      (b) An offender who has been determined to be mentally ill.

      4.  Unless otherwise ordered by a court, upon request, the Division shall disclose the content of a report of a presentence investigation or general investigation to the Nevada Gaming Control Board for the limited purpose of performing its duties in the administration of the provisions of chapters 462 to 467, inclusive, of NRS.

      5.  Except for the disclosures required by subsections 1 to 4, inclusive, a report of a presentence investigation or general investigation and the sources of information for such a report are confidential and must not be made a part of any public record.

________

CHAPTER 424, AB 328

Assembly Bill No. 328–Assemblymen Pickard, Bustamante Adams; Bilbray-Axelrod, Edwards, Kramer, Marchant, Sprinkle and Titus

 

CHAPTER 424

 

[Approved: June 6, 2017]

 

AN ACT relating to professions; establishing limitations on the employment or retention of attorneys by certain regulatory bodies; requiring attorneys who contract with certain regulatory bodies to act as legal counsel for the regulatory body to carry professional liability insurance that satisfies certain criteria; requiring the Department of Administration to adopt regulations relating to the financial operation and administration of certain regulatory bodies; revising the qualifications for the executive director or executive secretary of certain regulatory bodies; revising the disciplinary process for certain regulatory bodies which administer occupational licensing; revising requirements for certain regulatory bodies of this State to prepare a balance sheet or hire a public accountant or accounting firm to conduct an audit of the body for a fiscal year; and providing other matters properly relating thereto.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2843 (Chapter 424, AB 328)ê

 

Legislative Counsel’s Digest:

      Existing law generally imposes certain requirements on regulatory bodies that regulate professions in this State. (Chapter 622 of NRS) Section 2 of this bill prohibits an attorney from being employed as legal counsel by more than one regulatory body. Section 2 further requires an attorney who contracts with a regulatory body to act as legal counsel as an independent contractor to carry a policy of professional liability insurance. Section 4 of this bill prohibits a person from being employed as an executive director or executive secretary by more than one regulatory body and requires a person employed by a regulatory body as an executive director or executive secretary to be a resident of this State. Section 3 of this bill requires the Department of Administration to adopt regulations that establish standards for the financial operation and administration of regulatory bodies.

      Existing law requires regulatory bodies to comply with certain administrative procedures governing the disciplinary process for licensees. (Chapter 622A of NRS) Existing law also provides an exemption for certain regulatory bodies from having to comply with the uniform disciplinary process. (NRS 622A.120) Section 8 of this bill removes the exemption for regulatory bodies that issue professional licenses and are not under the direct supervision of a department of the Executive Branch of State Government, except that the State Contractors’ Board would continue to be exempt from the uniform disciplinary process. Section 6 of this bill prohibits a deputy attorney general from acting as legal counsel for a regulatory body in a contested case if he or she prosecuted the contested case before the regulatory body. Section 7 of this bill prohibits an attorney who is employed or retained as legal counsel to a regulatory body from prosecuting a contested case before the regulatory body at any time while employed or retained by the regulatory body.

      Existing law, with certain exceptions, requires certain regulatory bodies of this State which: (1) receive less than $75,000 in revenue during a fiscal year to prepare a balance sheet for that fiscal year; or (2) receive $75,000 or more in revenue during any fiscal year to hire a public accountant or accounting firm to conduct an audit of the regulatory body’s fiscal records for that fiscal year. Upon completion of the balance sheet or audit, existing law requires the regulatory body to file the balance sheet or a report of the audit with the Legislative Auditor and the Chief of the Budget Division of the Office of Finance on or before December 1 following the end of that fiscal year. (NRS 218G.400) Section 30.5 of this bill increases from $75,000 to $200,000 the amount of revenue received in any fiscal year for the purpose of determining whether a regulatory body is required to prepare a balance sheet or hire a public accountant or accounting firm to conduct the audit and subsequently file a report of the audit with the Legislative Auditor and the Chief of the Budget Division.

 

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

      Sec. 2. 1.  Each regulatory body shall contribute to the Fund for Insurance Premiums as required by NRS 331.187.

      2.  If a regulatory body employs an attorney as legal counsel, the attorney may not be employed as legal counsel of another regulatory body.

      3.  If a regulatory body retains an attorney to act as legal counsel for the regulatory body as an independent contractor, the attorney:

      (a) May contract with more than one regulatory body to act as legal counsel as an independent contractor.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2844 (Chapter 424, AB 328)ê

 

      (b) Shall obtain or otherwise carry, before acting as legal counsel for a regulatory body, a policy of professional liability insurance which insures the attorney against any liability arising from acting as legal counsel for the regulatory body.

      Sec. 3.  The Department of Administration shall adopt regulations establishing standards for the financial operation and administration of regulatory bodies. The regulations must include, without limitation, provisions which establish the minimum level of professional liability insurance that an attorney who contracts with a regulatory body to act as legal counsel must carry pursuant to subsection 3 of section 2 of this act.

      Sec. 4. NRS 622.220 is hereby amended to read as follows:

      622.220  If a regulatory body employs a person as an executive director or executive secretary or in a position with powers and duties similar to those of an executive director or executive secretary, the person:

      1.  Must possess a level of education or experience, or a combination of both, to qualify the person to perform the administrative and managerial tasks required of the position;

      2.  Must be a resident of this State;

      3.  Must not be employed by another regulatory body as an executive director or executive secretary or in a position with powers and duties similar to those of an executive director or executive secretary; and

      [2.]4.  Must not be the immediate relative of:

      (a) A member or employee of the regulatory body; or

      (b) A licensee of the regulatory body.

      Sec. 5. Chapter 622A of NRS is hereby amended by adding thereto the provisions set forth as sections 6 and 7 of this act.

      Sec. 6.  If a deputy attorney general prosecutes a contested case for a regulatory body, he or she may not also act as legal counsel for the regulatory body when the regulatory body considers or makes decisions concerning the contested case.

      Sec. 7.  If a regulatory body employs or retains an attorney to serve as legal counsel for and advise the regulatory body on any and all matters, and the attorney prosecutes a contested case for the regulatory body, the attorney may not also act as legal counsel for the regulatory body when the regulatory body considers or makes a decision regarding the contested case.

      Sec. 8. NRS 622A.120 is hereby amended to read as follows:

      622A.120  1.  The following regulatory bodies are exempted from the provisions of this chapter:

      (a) State Contractors’ Board.

      (b) [State Board of Professional Engineers and Land Surveyors.

      (c) Nevada State Board of Accountancy.

      (d) Board of Medical Examiners.

      (e) Board of Dental Examiners of Nevada.

      (f) State Board of Nursing.

      (g) Chiropractic Physicians’ Board of Nevada.

      (h) Nevada State Board of Optometry.

      (i) State Board of Pharmacy.

      (j) Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors.

      (k)] Real Estate Commission, Real Estate Administrator and Real Estate Division of the Department of Business and Industry.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2845 (Chapter 424, AB 328)ê

 

      [(l)](c) Commission of Appraisers of Real Estate.

      [(m)](d) Commissioner of Mortgage Lending and Division of Mortgage Lending of the Department of Business and Industry.

      [(n)](e) Commissioner of Financial Institutions and Division of Financial Institutions of the Department of Business and Industry.

      [(o) Private Investigator’s Licensing Board.

      (p)](f) State Board of Health and Division of Public and Behavioral Health of the Department of Health and Human Services.

      2.  Any regulatory body which is exempted from the provisions of this chapter pursuant to subsection 1 may elect by regulation to follow the provisions of this chapter or any portion thereof.

      Sec. 9. NRS 622A.130 is hereby amended to read as follows:

      622A.130  1.  The provisions of this chapter must be interpreted so as to effectuate their general purpose to make uniform among the regulatory bodies that are subject to the provisions of this chapter the procedures used to prosecute contested cases and take administrative action against a person who violates any law or regulation governing occupational licensing.

      2.  To the extent possible, the provisions of this chapter are intended to supplement other statutory provisions governing administrative procedure, occupational licensing and regulatory bodies, and such other provisions must be given effect to the extent that those provisions do not conflict with the provisions of this chapter. If there is a conflict between such other provisions and the provisions of this chapter, the provisions of this chapter control.

      3.  The provisions of this chapter do not prohibit a regulatory body from adopting procedures used to prosecute contested cases that:

      (a) Impose stricter requirements on the regulatory body relating to such prosecution; or

      (b) Provide greater due process protections for licensees,

Ê so long as such procedures do not hinder the duty of the regulatory body to protect the public.

      Sec. 10. (Deleted by amendment.)

      Sec. 11. NRS 623.133 is hereby amended to read as follows:

      623.133  1.  The Attorney General is hereby designated as the legal adviser of the Board.

      2.  [Nothing] Subject to the provisions of sections 6 and 7 of this act, nothing in this section shall be construed so as to prevent the Board from employing legal counsel as provided elsewhere in this chapter.

      Sec. 12. NRS 623A.160 is hereby amended to read as follows:

      623A.160  The Attorney General is the legal adviser of the Board, but the Board may employ legal counsel [.] subject to the provisions of sections 6 and 7 of this act.

      Sec. 13. NRS 628.410 is hereby amended to read as follows:

      628.410  1.  The Board may initiate proceedings under this chapter:

      (a) On its own motion;

      (b) On the complaint of any person; or

      (c) On a complaint made by a board of accountancy of another state.

      2.  A written notice of the hearing must be served on the respondent not less than 30 days before the date of the hearing, either personally or by mailing a copy thereof by registered or certified mail to the address of the respondent last known to the Board.

      3.  If, after having been served with the notice of hearing, the respondent fails to appear at the hearing and defend, the Board may proceed to hear evidence against the respondent and may enter such order as is justified by the evidence.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2846 (Chapter 424, AB 328)ê

 

to hear evidence against the respondent and may enter such order as is justified by the evidence. The order is final unless the respondent petitions for a review thereof. Within 30 days after the date of any order, upon a showing of good cause for failing to appear and defend, the Board may reopen the proceedings and may permit the respondent to submit evidence in his or her behalf.

      4.  At any hearing, a respondent may be represented before the Board by counsel or by a certified public accountant or registered public accountant of this State in good standing. The respondent is entitled, on application to the Board, to the issuance of subpoenas to compel the attendance of witnesses on his or her behalf.

      5.  The Board, or any member thereof, may issue subpoenas to compel the attendance of witnesses and the production of documents. In case of disobedience to a subpoena, the Board may invoke the aid of any court of this State in requiring the attendance and testimony of witnesses and the production of documentary evidence.

      6.  A hearing may be conducted by:

      (a) The Board, less any member or members who have been disqualified, without the appointment of persons to hear the case in place of the disqualified members; or

      (b) A member of the Board appointed by the Board as a hearing officer, with the remaining members of the Board, less any member or members who have been disqualified, to review the record, make a final decision and issue the order,

Ê unless the Board, after disqualifications, consists of less than three members to hear or review the case, in which circumstance the Governor must appoint one or more qualified persons so that the panel which hears or reviews the case consists of at least three persons.

      7.  A stenographic record of the hearing must be kept and a transcript thereof filed with the Board.

      8.  At all hearings, the Attorney General or a deputy designated by the Attorney General or such other legal counsel as may be employed shall appear and represent the Board [.] subject to the provisions of sections 6 and 7 of this act.

      9.  The decision of the Board must be by majority vote thereof.

      Sec. 14. NRS 630.346 is hereby amended to read as follows:

      630.346  In any disciplinary hearing:

      1.  The Board, a panel of the members of the Board and a hearing officer are not bound by formal rules of evidence , except that evidence must be taken and considered in the hearing pursuant to NRS 233B.123, and a witness must not be barred from testifying solely because the witness was or is incompetent.

      2.  A finding of the Board must be supported by a preponderance of the evidence.

      3.  Proof of actual injury need not be established.

      4.  A certified copy of the record of a court or a licensing agency showing a conviction or plea of nolo contendere or the suspension, revocation, limitation, modification, denial or surrender of a license to practice medicine, perfusion or respiratory care is conclusive evidence of its occurrence.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2847 (Chapter 424, AB 328)ê

 

      Sec. 15. NRS 630.352 is hereby amended to read as follows:

      630.352  1.  Any member of the Board, other than a member of an investigative committee of the Board who participated in any determination regarding a formal complaint in the matter or any member serving on a panel of the Board at the hearing of the matter, may participate in an adjudication to obtain the final order of the Board. At the adjudication, the Board shall consider any findings of fact and conclusions of law submitted after the hearing and shall allow:

      (a) Counsel for the Board to present a disciplinary recommendation and argument in support of the disciplinary recommendation [;] subject to the provisions of sections 6 and 7 of this act;

      (b) The respondent or counsel of the respondent to present a disciplinary recommendation and argument in support of the disciplinary recommendation; and

      (c) The complainant in the matter to make a statement to the Board regarding the disciplinary recommendations by the parties and to address the effect of the respondent’s conduct upon the complainant or the patient involved, if other than the complainant.

Ê The Board may limit the time within which the parties and the complainant may make their arguments and statements.

      2.  At the conclusion of the presentations of the parties and the complainant, the Board shall deliberate and may by a majority vote impose discipline based upon the findings of fact and conclusions of law and the presentations of the parties and the complainant.

      3.  If, in the findings of fact and conclusions of law, the Board, hearing officer or panel of the Board determines that no violation has occurred, the Board shall dismiss the charges, in writing, and notify the respondent that the charges have been dismissed.

      4.  Except as otherwise provided in subsection 5, if the Board finds that a violation has occurred, it shall by order take one or more of the following actions:

      (a) Place the person on probation for a specified period on any of the conditions specified in the order;

      (b) Administer a written public reprimand to the person;

      (c) Limit the person’s practice or exclude one or more specified branches of medicine from his or her practice;

      (d) Suspend the person’s license for a specified period or until further order of the Board;

      (e) Revoke the person’s license;

      (f) Require the person to participate in a program to correct alcohol or drug dependence or any other impairment;

      (g) Require supervision of the person’s practice;

      (h) Impose a fine not to exceed $5,000 for each violation;

      (i) Require the person to perform community service without compensation;

      (j) Require the person to take a physical or mental examination or an examination testing his or her competence; and

      (k) Require the person to fulfill certain training or educational requirements.

      5.  If the Board finds that the respondent has violated the provisions of NRS 439B.425, the Board shall suspend the respondent’s license for a specified period or until further order of the Board.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2848 (Chapter 424, AB 328)ê

 

      6.  The Board shall not administer a private reprimand if the Board finds that a violation has occurred.

      7.  Within 30 days after the hearing before the Board, the Board shall issue a final order, certified by the Secretary-Treasurer of the Board, that imposes discipline and incorporates the findings of fact and conclusions of law obtained from the hearing. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      Sec. 16. NRS 631.190 is hereby amended to read as follows:

      631.190  In addition to the powers and duties provided in this chapter, the Board shall:

      1.  Adopt rules and regulations necessary to carry out the provisions of this chapter.

      2.  Appoint such committees, examiners, officers, employees, agents, attorneys, investigators and other professional consultants and define their duties and incur such expense as it may deem proper or necessary to carry out the provisions of this chapter, the expense to be paid as provided in this chapter. [Notwithstanding the provisions of this subsection, the Attorney General in his or her sole discretion may, but is not required to, serve as legal counsel for the Board at any time and in any and all matters.]

      3.  Fix the time and place for and conduct examinations for the granting of licenses to practice dentistry and dental hygiene.

      4.  Examine applicants for licenses to practice dentistry and dental hygiene.

      5.  Collect and apply fees as provided in this chapter.

      6.  Keep a register of all dentists and dental hygienists licensed in this State, together with their addresses, license numbers and renewal certificate numbers.

      7.  Have and use a common seal.

      8.  Keep such records as may be necessary to report the acts and proceedings of the Board. Except as otherwise provided in NRS 631.368, the records must be open to public inspection.

      9.  Maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter.

      10.  Have discretion to examine work authorizations in dental offices or dental laboratories.

      Sec. 17. NRS 636.090 is hereby amended to read as follows:

      636.090  1.  The Board may employ:

      (a) Agents and inspectors to secure evidence of, and report on, violations of this chapter.

      (b) Attorneys, investigators and other professional consultants and clerical personnel necessary to administer this chapter.

      2.  The Attorney General may act as counsel for the Board [.] subject to the provisions of section 6 of this act.

      Sec. 18. NRS 636.330 is hereby amended to read as follows:

      636.330  If the Board makes a decision which is adverse to the licensee, the licensee may apply for a rehearing within [10] 15 days after the Board announces its decision. The Board shall grant or deny the application within a reasonable time thereafter.

      Sec. 19. NRS 636.340 is hereby amended to read as follows:

      636.340  Unless a license is suspended pursuant to NRS 425.540, on or after the expiration of [6 months] 1 year following the revocation or suspension of a license, an application may be made for the restoration of the license and the Board may, in the exercise of reasonable discretion, restore the license absolutely or upon specified conditions.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2849 (Chapter 424, AB 328)ê

 

license and the Board may, in the exercise of reasonable discretion, restore the license absolutely or upon specified conditions.

      Sec. 19.5. NRS 639.070 is hereby amended to read as follows:

      639.070  1.  The Board may:

      (a) Adopt such regulations, not inconsistent with the laws of this State, as are necessary for the protection of the public, appertaining to the practice of pharmacy and the lawful performance of its duties.

      (b) Adopt regulations requiring that prices charged by retail pharmacies for drugs and medicines which are obtained by prescription be posted in the pharmacies and be given on the telephone to persons requesting such information.

      (c) Adopt regulations, not inconsistent with the laws of this State, authorizing the Executive Secretary of the Board to issue certificates, licenses and permits required by this chapter and chapters 453 and 454 of NRS.

      (d) Adopt regulations governing the dispensing of poisons, drugs, chemicals and medicines.

      (e) Regulate the practice of pharmacy.

      (f) Regulate the sale and dispensing of poisons, drugs, chemicals and medicines.

      (g) Regulate the means of recordkeeping and storage, handling, sanitation and security of drugs, poisons, medicines, chemicals and devices, including, but not limited to, requirements relating to:

             (1) Pharmacies, institutional pharmacies and pharmacies in correctional institutions;

             (2) Drugs stored in hospitals; and

             (3) Drugs stored for the purpose of wholesale distribution.

      (h) Examine and register, upon application, pharmacists and other persons who dispense or distribute medications whom it deems qualified.

      (i) Charge and collect necessary and reasonable fees for the expedited processing of a request or for any other incidental service the Board provides, other than those specifically set forth in this chapter.

      (j) Maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter.

      (k) Employ [an attorney,] attorneys, inspectors, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

      (l) Enforce the provisions of NRS 453.011 to 453.552, inclusive, and enforce the provisions of this chapter and chapter 454 of NRS.

      (m) Adopt regulations concerning the information required to be submitted in connection with an application for any license, certificate or permit required by this chapter or chapter 453 or 454 of NRS.

      (n) Adopt regulations concerning the education, experience and background of a person who is employed by the holder of a license or permit issued pursuant to this chapter and who has access to drugs and devices.

      (o) Adopt regulations concerning the use of computerized mechanical equipment for the filling of prescriptions.

      (p) Participate in and expend money for programs that enhance the practice of pharmacy.

      2.  The Board shall, to the extent feasible, communicate or cooperate with or provide any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2850 (Chapter 424, AB 328)ê

 

      3.  This section does not authorize the Board to prohibit open-market competition in the advertising and sale of prescription drugs and pharmaceutical services.

      Sec. 20. NRS 639.252 is hereby amended to read as follows:

      639.252  1.  If the respondent wishes to contest or appeal the decision of the Board, the order or any part thereof, the respondent may, not later than [10] 15 days after the time the order becomes effective, apply in writing to the Board for a rehearing. The application must set forth with particularity the part or parts of the decision or order to which the respondent objects and the basis of the objection.

      2.  The Executive Secretary of the Board shall, within 10 days after receipt of a written application for rehearing, notify the respondent and the respondent’s attorney of record in writing, by registered or certified mail, of his or her action, either granting or denying the application. If the application is granted, the notice must contain the date, time and place of the rehearing. The rehearing must be held at the next regularly scheduled meeting of the Board. Granting of the application by the Executive Secretary does not serve as an automatic stay of execution of the order pending conclusion of the rehearing.

      Sec. 21. NRS 640C.190 is hereby amended to read as follows:

      640C.190  Subject to the provisions of sections 6 and 7 of this act:

      1.  The Attorney General and his or her deputies are hereby designated as the attorneys for the Board.

      2.  The provisions of this section do not prevent the Board from employing or retaining other attorneys as it may deem necessary to carry out the provisions of this chapter.

      Sec. 22. NRS 641A.370 is hereby amended to read as follows:

      641A.370  If the Board revokes or suspends a license for a fixed time, the licensee may apply for a rehearing within [10] 15 days after the date of the suspension or revocation and the Board may grant the application upon the terms and conditions it deems appropriate within 30 days after the application.

      Sec. 23. NRS 645A.193 is hereby amended to read as follows:

      645A.193  1.  The Attorney General shall act as the attorney for the Division in all actions and proceedings brought against or by the Division pursuant to any of the provisions of this chapter.

      2.  Notwithstanding the provision of paragraph (d) of subsection 1 of NRS 622A.120, representation of the Division pursuant to subsection 1 shall be conducted in a manner consistent with the provisions of sections 6 and 7 of this act.

      Sec. 24. NRS 645A.235 is hereby amended to read as follows:

      645A.235  1.  A person who engages in an activity for which a license as an escrow agent or escrow agency is required pursuant to this chapter, without regard to whether such a person is licensed pursuant to this chapter, may be required by the Commissioner to pay restitution to any person who has suffered an economic loss as a result of a violation of the provisions of this chapter or any regulation adopted pursuant thereto.

      2.  Notwithstanding the provision of paragraph [(m)] (d) of subsection 1 of NRS 622A.120, payment of restitution pursuant to subsection 1 shall be done in a manner consistent with the provisions of chapter 622A of NRS.

      Sec. 25.  NRS 645B.955 is hereby amended to read as follows:

      645B.955  1.  A person who engages in an activity for which a license as a mortgage broker or mortgage agent is required pursuant to this chapter, without regard to whether such a person is licensed pursuant to this chapter, may be required by the Commissioner to pay restitution to any person who has suffered an economic loss as a result of a violation of the provisions of this chapter or any regulation adopted pursuant thereto.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2851 (Chapter 424, AB 328)ê

 

without regard to whether such a person is licensed pursuant to this chapter, may be required by the Commissioner to pay restitution to any person who has suffered an economic loss as a result of a violation of the provisions of this chapter or any regulation adopted pursuant thereto.

      2.  Notwithstanding the provision of paragraph [(m)] (d) of subsection 1 of NRS 622A.120, payment of restitution pursuant to subsection 1 shall be done in a manner consistent with the provisions of chapter 622A of NRS.

      Sec. 26. NRS 645C.250 is hereby amended to read as follows:

      645C.250  1.  The Attorney General shall render to the Division opinions upon questions of law relating to the construction or interpretation of this chapter, or arising in the administration thereof, submitted to the Attorney General by the Division or the Commission.

      2.  The Attorney General shall act as the attorney for the Division in all actions and proceedings brought against or by the Division pursuant to any of the provisions of this chapter [.] subject to the provisions of sections 6 and 7 of this act.

      Sec. 27. NRS 645D.150 is hereby amended to read as follows:

      645D.150  1.  The Attorney General shall render to the Division opinions upon questions of law relating to the construction or interpretation of this chapter, or arising in the administration thereof, submitted to the Attorney General by the Division.

      2.  The Attorney General shall act as the attorney for the Division in all actions and proceedings brought against or by the Division pursuant to any of the provisions of this chapter [.] subject to the provisions of sections 6 and 7 of this act.

      Sec. 28. NRS 645E.955 is hereby amended to read as follows:

      645E.955  1.  A person who engages in an activity for which a license as a mortgage banker is required pursuant to this chapter, without regard to whether such a person is licensed pursuant to this chapter, may be required by the Commissioner to pay restitution to any person who has suffered an economic loss as a result of a violation of the provisions of this chapter or any regulation adopted pursuant thereto.

      2.  Notwithstanding the provision of paragraph [(m)] (d) of subsection 1 of NRS 622A.120, payment of restitution pursuant to subsection 1 shall be done in a manner consistent with the provisions of chapter 622A of NRS.

      Sec. 29. NRS 645H.370 is hereby amended to read as follows:

      645H.370  1.  The Attorney General shall render to the Division opinions upon questions of law relating to the construction or interpretation of this chapter, or arising in the administration thereof, submitted to the Attorney General by the Division.

      2.  The Attorney General shall act as the attorney for the Division in all actions and proceedings brought against or by the Division pursuant to any of the provisions of this chapter [.] subject to the provisions of sections 6 and 7 of this act.

      Sec. 30. (Deleted by amendment.)

      Sec. 30.5. NRS 218G.400 is hereby amended to read as follows:

      218G.400  1.  Except as otherwise provided in subsection 2, each board created by the provisions of NRS 590.485 and chapters 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 654 and 656 of NRS shall:

      (a) If the revenue of the board from all sources is less than [$75,000] $200,000 for any fiscal year and, if the board is a regulatory body pursuant to NRS 622.060, the board has submitted to the Director of the Legislative Counsel Bureau for each quarter of that fiscal year the information required by NRS 622.100, prepare a balance sheet for that fiscal year on the form provided by the Legislative Auditor and file the balance sheet with the Legislative Auditor and the Chief of the Budget Division of the Office of Finance on or before December 1 following the end of that fiscal year.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2852 (Chapter 424, AB 328)ê

 

by NRS 622.100, prepare a balance sheet for that fiscal year on the form provided by the Legislative Auditor and file the balance sheet with the Legislative Auditor and the Chief of the Budget Division of the Office of Finance on or before December 1 following the end of that fiscal year. The Legislative Auditor shall prepare and make available a form that must be used by a board to prepare such a balance sheet.

      (b) If the revenue of the board from all sources is [$75,000] $200,000 or more for any fiscal year, or if the board is a regulatory body pursuant to NRS 622.060 and has failed to submit to the Director of the Legislative Counsel Bureau for each quarter of that fiscal year the information required by NRS 622.100, engage the services of a certified public accountant or public accountant, or firm of either of such accountants, to audit all its fiscal records for that fiscal year and file a report of the audit with the Legislative Auditor and the Chief of the Budget Division of the Office of Finance on or before December 1 following the end of that fiscal year.

      2.  In lieu of preparing a balance sheet or having an audit conducted for a single fiscal year, a board may engage the services of a certified public accountant or public accountant, or firm of either of such accountants, to audit all its fiscal records for a period covering two successive fiscal years. If such an audit is conducted, the board shall file the report of the audit with the Legislative Auditor and the Chief of the Budget Division of the Office of Finance on or before December 1 following the end of the second fiscal year.

      3.  The cost of each audit conducted pursuant to subsection 1 or 2 must be paid by the board that is audited. Each such audit must be conducted in accordance with generally accepted auditing standards, and all financial statements must be prepared in accordance with generally accepted principles of accounting for special revenue funds.

      4.  Whether or not a board is required to have its fiscal records audited pursuant to subsection 1 or 2, the Legislative Auditor shall audit the fiscal records of any such board whenever directed to do so by the Legislative Commission. When the Legislative Commission directs such an audit, the Legislative Commission shall also determine who is to pay the cost of the audit.

      5.  A person who is a state officer or employee of a board is guilty of nonfeasance if the person:

      (a) Is responsible for preparing a balance sheet or having an audit conducted pursuant to this section or is responsible for preparing or maintaining the fiscal records that are necessary to prepare a balance sheet or have an audit conducted pursuant to this section; and

      (b) Knowingly fails to prepare the balance sheet or have the audit conducted pursuant to this section or knowingly fails to prepare or maintain the fiscal records that are necessary to prepare a balance sheet or have an audit conducted pursuant to this section.

      6.  In addition to any other remedy or penalty, a person who is guilty of nonfeasance pursuant to this section forfeits the person’s state office or employment and may not be appointed to a state office or position of state employment for a period of 2 years following the forfeiture. The provisions of this subsection do not apply to a state officer who may be removed from office only by impeachment pursuant to Article 7 of the Nevada Constitution.

      Sec. 31. (Deleted by amendment.)

________

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2853ê

 

CHAPTER 425, AB 339

Assembly Bill No. 339–Assemblywoman Woodbury

 

Joint Sponsor: Senator Hardy

 

CHAPTER 425

 

[Approved: June 6, 2017]

 

AN ACT relating to health care; authorizing the Board of Medical Examiners to take possession of the health care records of a licensee’s patients under certain circumstances; requiring the Board of Medical Examiners to adopt policies and procedures for placing information on the Internet website of the Board; revising provisions relating to communications concerning certain background checks by the Board of Medical Examiners or the State Board of Osteopathic Medicine; revising provisions relating to the requirement for certain persons to maintain a permanent mailing address with the Board of Medical Examiners; revising provisions requiring certain information be reported to the Board of Medical Examiners; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires certain providers of health care to retain the health care records of patients for 5 years after their receipt or production. (NRS 629.051) Section 1 of this bill authorizes the Board of Medical Examiners to take possession of the health care records of a licensee’s patients in the event of the licensee’s death, disability, incarceration or other incapacitation that would render the licensee unable to continue his or her practice. Section 1 further authorizes the Board to provide such records to the patient or to the patient’s subsequent provider of health care. Section 1 also requires that certain disclosures regarding such records be provided to patients.

      Existing law provides for the maintenance of an Internet website by the Board of Medical Examiners. (NRS 630.144) Section 3 of this bill requires the Board to adopt policies and procedures for placing information on its Internet website.

      Existing law imposes a fine on a person who is licensed under chapter 630 of NRS and fails to maintain a permanent mailing address with the Board of Medical Examiners. (NRS 630.254) Existing law similarly imposes a fine on an inactive registrant for such a failure. (NRS 630.255) Sections 5 and 6 of this bill authorize, rather than require, the Board to impose such fines.

      Existing law requires persons who are licensed to practice medicine by the Board of Medical Examiners to make certain reports to the Board concerning surgeries requiring conscious sedation, deep sedation or general anesthesia which were performed by the holder of the license and the occurrence of any sentinel events arising from those surgeries. The Board is required to submit the reports to the Division of Public and Behavioral Health of the Department of Health and Human Services. (NRS 449.447, 630.30665) Sections 8.5 and 10 of this bill revise these reporting requirements.

      Existing law ratifies the Interstate Medical Licensure Compact. If a physician or osteopathic physician is licensed in this State, the Compact provides for reciprocal licensure for that physician or osteopathic physician in all other member states of the Compact. The Compact regulates the licensure and discipline of physicians and osteopathic physicians holding reciprocal licenses through the Compact. (NRS 629A.100) Sections 3.5 and 8.7 of this bill provide that any communication between the Board of Medical Examiners or the State Board of Osteopathic Medicine and the Interstate Medical Licensure Compact Commission relating to verification of a physician’s eligibility under the Compact must not include any information received by either Board in a report from the Federal Bureau of Investigation relating to a state and federal criminal records check.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2854 (Chapter 425, AB 339)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 630 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a licensee becomes incapable of keeping his or her office open because of death, disability, incarceration or any other incapacitation, the Board may take possession of the health care records kept by the licensee of his or her patients pursuant to NRS 629.051 to:

      (a) Make a patient’s health care records available to the patient either directly or through a third-party vendor; or

      (b) Forward a patient’s health care records to the patient’s subsequent provider of health care.

      2.  A licensee shall post, in a conspicuous place in each location at which the licensee provides health care services, a sign which discloses to patients that their health care records may be accessed by the Board pursuant to subsection 1.

      3.  When a licensee provides health care services for a patient for the first time, the licensee shall deliver to the patient a written statement which discloses to the patient that the health care records of the patient may be accessed by the Board pursuant to subsection 1.

      4.  The Board shall adopt:

      (a) Regulations prescribing the form, size, contents and placement of the sign and written statement required pursuant to this section; and

      (b) Any other regulations necessary to carry out the provisions of this section.

      5.  As used in this section, “health care records” has the meaning ascribed to it in NRS 629.021.

      Sec. 2. (Deleted by amendment.)

      Sec. 3. NRS 630.144 is hereby amended to read as follows:

      630.144  1.  The Board shall maintain a website on the Internet or its successor.

      2.  [Except as otherwise provided in this section, a member or employee of the Board shall not place any information on the Internet website maintained by the Board without the approval of the Executive Director and the Board. A member or employee of the Board shall submit any information proposed to be placed on the Internet website to the Executive Director for approval. Upon approving the proposal, the Executive Director shall present the proposal to the Board for approval at its next regularly scheduled meeting.] The Board shall adopt policies and procedures for placing information on its Internet website.

      3.  The Board shall place on its Internet website : [, without having to approve the placement at a meeting:]

      (a) Each application form for the issuance or renewal of a license issued by the Board pursuant to this chapter.

      (b) A list of questions that are frequently asked concerning the processes of the Board and the answers to those questions.

      (c) An alphabetical list, by last name, of each [physician] licensee and a brief description of each disciplinary action, if any, taken against the [physician,] licensee, in this State and elsewhere, which relates to [the] his or her practice [of medicine] and which is noted in the records of the Board.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2855 (Chapter 425, AB 339)ê

 

her practice [of medicine] and which is noted in the records of the Board. The Board shall include, as part of the list on the Internet website, the name of each [physician] licensee whose license has been revoked by the Board. The Board shall make the list on the Internet website easily accessible and user friendly for the public.

      (d) All financial reports received by the Board.

      (e) All financial reports prepared by the Board.

      (f) Any other information that the Board is required to place on its Internet website pursuant to any other provision of law.

      Sec. 3.5. NRS 630.167 is hereby amended to read as follows:

      630.167  1.  In addition to any other requirements set forth in this chapter, each applicant for a license to practice medicine, including, without limitation, an expedited license pursuant to NRS 630.1606 or 630.1607 or chapter 629A of NRS, and each applicant for a license to practice as a perfusionist, to practice as a physician assistant or to practice respiratory care shall submit to the Board a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. Any fees or costs charged by the Board for this service pursuant to NRS 630.268 are not refundable.

      2.  Any communication between the Board and the Interstate Medical Licensure Compact Commission created by NRS 629A.100 relating to verification of a physician’s eligibility for expedited licensure pursuant to that section must not include any information received in a report from the Federal Bureau of Investigation relating to a state and federal criminal records check performed for the purposes of an application for an expedited license issued pursuant to NRS 629A.100.

      Sec. 4. (Deleted by amendment.)

      Sec. 5. NRS 630.254 is hereby amended to read as follows:

      630.254  1.  Each licensee shall maintain a permanent mailing address with the Board to which all communications from the Board to the licensee must be sent. A licensee who changes his or her permanent mailing address shall notify the Board in writing of the new permanent mailing address within 30 days after the change. If a licensee fails to notify the Board in writing of a change in his or her permanent mailing address within 30 days after the change, the Board:

      (a) [Shall] May impose upon the licensee a fine not to exceed $250; and

      (b) May initiate disciplinary action against the licensee as provided pursuant to paragraph (j) of subsection 1 of NRS 630.306.

      2.  Any licensee who changes the location of his or her office in this State shall notify the Board in writing of the change before practicing at the new location.

      3.  Any licensee who closes his or her office in this State shall:

      (a) Notify the Board in writing of this occurrence within 14 days after the closure; and

      (b) For a period of 5 years thereafter, unless a longer period of retention is provided by federal law, keep the Board apprised in writing of the location of the medical records of the licensee’s patients.

      4.  In addition to the requirements of subsection 1, any licensee who performs any of the acts described in subsection 3 of NRS 630.020 from outside this State or the United States shall maintain an electronic mail address with the Board to which all communications from the Board to the licensee may be sent.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2856 (Chapter 425, AB 339)ê

 

      Sec. 6. NRS 630.255 is hereby amended to read as follows:

      630.255  1.  Any licensee who changes the location of his or her practice of medicine from this State to another state or country, has never engaged in the practice of medicine in this State after licensure or has ceased to engage in the practice of medicine in this State for 12 consecutive months may be placed on inactive status by order of the Board.

      2.  Each inactive [registrant] licensee shall maintain a permanent mailing address with the Board to which all communications from the Board to the [registrant] licensee must be sent. An inactive [registrant] licensee who changes his or her permanent mailing address shall notify the Board in writing of the new permanent mailing address within 30 days after the change. If an inactive [registrant] licensee fails to notify the Board in writing of a change in his or her permanent mailing address within 30 days after the change, the Board [shall] may impose upon the [registrant] licensee a fine not to exceed $250.

      3.  In addition to the requirements of subsection 2, any licensee who changes the location of his or her practice of medicine from this State to another state or country [and any inactive registrant] shall maintain an electronic mail address with the Board to which all communications from the Board to him or her may be sent.

      4.  Before resuming the practice of medicine in this State, the inactive [registrant] licensee must:

      (a) Notify the Board in writing of his or her intent to resume the practice of medicine in this State;

      (b) File an affidavit with the Board describing the activities of the [registrant] licensee during the period of inactive status;

      (c) Complete the form for registration for active status;

      (d) Pay the applicable fee for biennial registration; and

      (e) Satisfy the Board of his or her competence to practice medicine.

      5.  If the Board determines that the conduct or competence of the [registrant] licensee during the period of inactive status would have warranted denial of an application for a license to practice medicine in this State, the Board may refuse to place the [registrant] licensee on active status.

      Sec. 7. NRS 630.258 is hereby amended to read as follows:

      630.258  1.  A physician who is retired from active practice and who:

      (a) Wishes to donate his or her expertise for the medical care and treatment of persons in this State who are indigent, uninsured or unable to afford health care; or

      (b) Wishes to provide services for any disaster relief operations conducted by a governmental entity or nonprofit organization,

Ê may obtain a special volunteer medical license by submitting an application to the Board pursuant to this section.

      2.  An application for a special volunteer medical license must be on a form provided by the Board and must include:

      (a) Documentation of the history of medical practice of the physician;

      (b) Proof that the physician previously has been issued an unrestricted license to practice medicine in any state of the United States and that the physician has never been the subject of disciplinary action by a medical board in any jurisdiction;

      (c) Proof that the physician satisfies the requirements for licensure set forth in NRS 630.160 or the requirements for licensure by endorsement set forth in NRS 630.1605, 630.1606 or 630.1607;

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2857 (Chapter 425, AB 339)ê

 

      (d) Acknowledgment that the practice of the physician under the special volunteer medical license will be exclusively devoted to providing medical care:

             (1) To persons in this State who are indigent, uninsured or unable to afford health care; or

             (2) As part of any disaster relief operations conducted by a governmental entity or nonprofit organization; and

      (e) Acknowledgment that the physician will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for providing medical care under the special volunteer medical license, except for payment by a medical facility at which the physician provides volunteer medical services of the expenses of the physician for necessary travel, continuing education, malpractice insurance or fees of the State Board of Pharmacy.

      3.  If the Board finds that the application of a physician satisfies the requirements of subsection 2 and that the retired physician is competent to practice medicine, the Board must issue a special volunteer medical license to the physician.

      4.  The initial special volunteer medical license issued pursuant to this section expires 1 year after the date of issuance. The license may be renewed pursuant to this section, and any license that is renewed expires 2 years after the date of issuance [.] of the renewed license.

      5.  The Board shall not charge a fee for:

      (a) The review of an application for a special volunteer medical license; or

      (b) The issuance or renewal of a special volunteer medical license pursuant to this section.

      6.  A physician who is issued a special volunteer medical license pursuant to this section and who accepts the privilege of practicing medicine in this State pursuant to the provisions of the special volunteer medical license is subject to all the provisions governing disciplinary action set forth in this chapter.

      7.  A physician who is issued a special volunteer medical license pursuant to this section shall comply with the requirements for continuing education adopted by the Board.

      Sec. 8. (Deleted by amendment.)

      Sec. 8.5. NRS 630.30665 is hereby amended to read as follows:

      630.30665  1.  The Board shall require each holder of a license to practice medicine to submit to the Board, on a form provided by the Board, a report stating the number and type of surgeries requiring conscious sedation, deep sedation or general anesthesia performed by the holder of the license at his or her office or any other facility, excluding any surgical care performed:

      (a) At a medical facility as that term is defined in NRS 449.0151; or

      (b) Outside of this State.

      2.  [In addition to the report required pursuant to subsection 1, the Board shall require each holder of a license to practice medicine to submit a report to the Board concerning the occurrence of any sentinel event arising from any surgery described in subsection 1. The report must be submitted in the manner prescribed by the Board which must be substantially similar to the manner prescribed by the State Board of Health for reporting information pursuant to NRS 439.835.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2858 (Chapter 425, AB 339)ê

 

      3.  Each holder of a license to practice medicine shall submit the reports required pursuant to subsections 1 and 2:

      (a) At the time the holder of a license renews his or her license; and

      (b) Whether or not the holder of the license performed any surgery described in subsection 1. Failure to submit a report or knowingly or willfully filing false information in a report constitutes grounds for initiating disciplinary action pursuant to paragraph (i) of subsection 1 of NRS 630.306.

      4.  In addition to the reports required pursuant to subsections 1 and 2, the] The Board shall require each holder of a license to practice medicine to submit a report to the Board concerning the occurrence of any sentinel event arising from any surgery described in subsection 1 within 14 days after the occurrence of the sentinel event. The report must be submitted in the manner prescribed by the Board.

      [5.]3.  The Board shall:

      (a) Collect and maintain reports received pursuant to subsections 1 [,] and 2 [and 4;] ; and

      (b) Ensure that the reports, and any additional documents created from the reports, are protected adequately from fire, theft, loss, destruction and other hazards, and from unauthorized access . [; and

      (c) Submit to the Division of Public and Behavioral Health a copy of the report submitted pursuant to subsection 1. The Division shall maintain the confidentiality of such reports in accordance with subsection 6.

      6.]4.  Except as otherwise provided in NRS 239.0115, a report received pursuant to subsection 1 [,] or 2 [or 4] is confidential, not subject to subpoena or discovery, and not subject to inspection by the general public.

      [7.]5.  The provisions of this section do not apply to surgical care requiring only the administration of oral medication to a patient to relieve the patient’s anxiety or pain, if the medication is not given in a dosage that is sufficient to induce in a patient a controlled state of depressed consciousness or unconsciousness similar to general anesthesia, deep sedation or conscious sedation.

      [8.]6.  In addition to any other remedy or penalty, if a holder of a license to practice medicine fails to submit a report or knowingly or willfully files false information in a report submitted pursuant to this section, the Board may, after providing the holder of a license to practice medicine with notice and opportunity for a hearing, impose against the holder of a license to practice medicine an administrative penalty for each such violation. The Board shall establish by regulation a sliding scale based on the severity of the violation to determine the amount of the administrative penalty to be imposed against the holder of the license pursuant to this subsection. The regulations must include standards for determining the severity of the violation and may provide for a more severe penalty for multiple violations.

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

      (a) “Conscious sedation” has the meaning ascribed to it in NRS 449.436.

      (b) “Deep sedation” has the meaning ascribed to it in NRS 449.437.

      (c) “General anesthesia” has the meaning ascribed to it in NRS 449.438.

      (d) “Sentinel event” has the meaning ascribed to it in NRS 439.830.

 

 

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2859 (Chapter 425, AB 339)ê

 

      Sec. 8.7. NRS 633.309 is hereby amended to read as follows:

      633.309  1.  In addition to any other requirements set forth in this chapter, each applicant for a license, including, without limitation, an expedited license pursuant to NRS 633.399 or 633.400 or chapter 629A of NRS, except a temporary or special license, must submit to the Board a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      2.  Any communication between the Board and the Interstate Medical Licensure Compact Commission created by NRS 629A.100 relating to verification of a physician’s eligibility for expedited licensure pursuant to that section must not include any information received in a report from the Federal Bureau of Investigation relating to a state and federal criminal records check performed for the purposes of an application for an expedited license issued pursuant to NRS 629A.100.

      Sec. 9. (Deleted by amendment.)

      Sec. 10. NRS 449.447 is hereby amended to read as follows:

      449.447  1.  If an office of a physician or a facility that provides health care, other than a medical facility, violates the provisions of NRS 449.435 to 449.448, inclusive, or the regulations adopted pursuant thereto, or fails to correct a deficiency indicated in a report pursuant to NRS 449.446, the Division, in accordance with the regulations adopted pursuant to NRS 449.448, may take any of the following actions:

      (a) Decline to issue or renew a permit;

      (b) Suspend or revoke a permit; or

      (c) Impose an administrative penalty of not more than $1,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum.

      2.  The Division may review a report submitted pursuant to NRS [630.30665 or] 633.524 to determine whether an office of a physician or a facility is in violation of the provisions of NRS 449.435 to 449.448, inclusive, or the regulations adopted pursuant thereto. If the Division determines that such a violation has occurred, the Division shall immediately notify the [appropriate professional licensing board of the physician.] State Board of Osteopathic Medicine.

      3.  If a surgical center for ambulatory patients violates the provisions of NRS 449.435 to 449.448, inclusive, or the regulations adopted pursuant thereto, or fails to correct a deficiency indicated in a report pursuant to NRS 449.446, the Division may impose administrative sanctions pursuant to NRS 449.163.

      Sec. 11.  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. 12.  (Deleted by amendment.)

      Sec. 13.  This act becomes effective on July 1, 2017.

________

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2860ê

 

CHAPTER 426, AB 436

Assembly Bill No. 436–Assemblymen Monroe-Moreno, Neal, Spiegel, Bustamante Adams, Carrillo; and Frierson

 

CHAPTER 426

 

[Approved: June 6, 2017]

 

AN ACT relating to business; requiring the Office of Economic Development and the Regional Business Development Advisory Council for Clark County to provide certain businesses with information concerning public and private programs to obtain financing for small businesses; requiring the Secretary of State to ensure that the state business portal enables an applicant for the issuance or renewal of a state business license to provide certain information concerning the applicant; requiring the Secretary of State to provide through the state business portal and the Internet website of the Secretary of State certain information concerning public and private programs to obtain financing for small businesses and the process for obtaining certification as a disadvantaged business enterprise; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law: (1) provides for the certification of eligible local emerging small businesses by the Office of Economic Development; and (2) requires the Office to establish an outreach program for local emerging small businesses to connect those businesses with state agencies seeking state purchasing contracts and contracts for public works of this State and goals concerning the participation of local emerging small businesses in those contracts. (NRS 231.1405, 231.14065, 231.1407) Section 1 of this bill requires the Office to provide a business certified as an eligible local emerging small business with certain information concerning public and private programs to provide financing to small businesses and the criteria for obtaining financing through such programs.

      Existing law requires a person to obtain a state business license and pay an annual fee before conducting business within this State, unless the person is exempted from the requirement to obtain a state business license. (NRS 76.100, 76.130) Existing law also requires the Secretary of State to establish the state business portal to facilitate transactions among businesses and governmental agencies in this State. (Chapter 75A of NRS) Section 1.5 of this bill requires the Secretary of State to ensure that the state business portal enables an applicant who applies through the state business portal for the issuance or renewal of a state business license to indicate whether the applicant’s business is a minority-owned business, a woman-owned business or a veteran-owned business. If the applicant indicates that the business is a minority-owned business, a woman-owned business or a veteran-owned business, section 1.5 requires the Secretary of State to provide in electronic form through the state business portal information concerning: (1) certain public and private programs to provide financing to small businesses and the criteria for obtaining financing through such programs; and (2) how the person may become certified as a disadvantaged business enterprise for certain purposes related to contracting for transportation projects and qualifying for loans to disadvantaged business enterprises. Section 4.5 of this bill additionally requires the Secretary of State to include and maintain such information on the Secretary of State’s Internet website.

 

 

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2861 (Chapter 426, AB 436)ê

 

      Existing law creates the Regional Business Development Advisory Council for Clark County and prescribes its duties. (Sections 15 and 20 of chapter 7, Statutes of Nevada 2003, 20th Special Session, at pp. 268-69) Section 5 of this bill requires the Council to provide to local businesses owned and operated by disadvantaged persons certain information concerning public and private programs to provide financing to small businesses and the criteria for obtaining financing through such programs.

 

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 231.14055 is hereby amended to read as follows:

      231.14055  1.  A business may apply, on a form prescribed by regulation of the Office, to the Office for certification as a local emerging small business. The application must be accompanied by such proof as the Office requires to demonstrate that the applicant is in compliance with the criteria set forth in NRS 231.1405 and any regulations adopted pursuant to NRS 231.1408.

      2.  Upon receipt of the application and when satisfied that the applicant meets the requirements set forth in this section, NRS 231.1405 and any regulations adopted pursuant to NRS 231.1408, the Office shall [certify] :

      (a) Certify the business as a local emerging small business [.] ; and

      (b) Provide to the business, in written or electronic form, information concerning public and private programs to provide financing for small businesses and the criteria for obtaining financing through such programs. The information must include, without limitation, information concerning:

             (1) Grants or loans of money from the Catalyst Account created by NRS 231.1573;

             (2) The issuance of revenue bonds for industrial development pursuant to NRS 349.400 to 349.670, inclusive;

             (3) The Nevada Collateral Support Program pursuant to 12 U.S.C. §§ 5701 et seq.;

             (4) The Nevada Microenterprise Initiative Program pursuant to 12 U.S.C. §§ 5701 et seq.;

             (5) The Nevada New Markets Jobs Act pursuant to chapter 231A of NRS;

             (6) The Nevada Silver State Opportunities Fund pursuant to NRS 355.275;

             (7) Loans from the Small Business Administration pursuant to 15 U.S.C. §§ 631 et seq.; and

             (8) Any other private program to provide financing for small businesses approved by the Office.

      3.  The Office shall compile a list of the local emerging small businesses certified pursuant to this section and post the list on its Internet website.

      Sec. 1.5. Chapter 75A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Secretary of State shall ensure that the state business portal enables a person who applies through the state business portal for the issuance or renewal of a state business license pursuant to chapter 76 of NRS to indicate whether the applicant is a minority-owned business, a woman-owned business or a veteran-owned business.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2862 (Chapter 426, AB 436)ê

 

      2.  If a person who applies through the state business portal for the issuance or renewal of a state business license pursuant to chapter 76 of NRS indicates that the business is a minority-owned business, a woman-owned business or a veteran-owned business, the Secretary of State shall provide the following information to the person in electronic form through the state business portal:

      (a) Information concerning programs to provide financing for small businesses. The information must include, without limitation, information concerning:

             (1) Grants or loans of money from the Catalyst Account created by NRS 231.1573;

             (2) The issuance of revenue bonds for industrial development pursuant to NRS 349.400 to 349.670, inclusive;

             (3) The Nevada Collateral Support Program pursuant to 12 U.S.C. §§ 5701 et seq.;

             (4) The Nevada Microenterprise Initiative Program pursuant to 12 U.S.C. §§ 5701 et seq.;

             (5) The Nevada New Markets Jobs Act pursuant to chapter 231A of NRS;

             (6) The Nevada Silver State Opportunities Fund pursuant to NRS 355.275;

             (7) Loans from the Small Business Administration pursuant to 15 U.S.C. §§ 631 et seq.; and

             (8) Any other program to provide financing for small businesses designated by the Secretary of State.

      (b) Information concerning the process by which the business may become certified as a disadvantaged business enterprise for the purposes of 49 C.F.R. § 26.5 or a program to provide financing for disadvantaged business enterprises.

      3.  The Secretary of State may adopt regulations as he or she deems necessary to carry out the provisions of this section.

      4.  As used in this section:

      (a) “Veteran” has the meaning ascribed to it in NRS 417.005.

      (b) “Veteran-owned business” means a business that:

             (1) Is owned by a natural person who is a veteran; or

             (2) Has at least 51 percent of its ownership interest held by one or more veterans.

      Secs. 2-4. (Deleted by amendment.)

      Sec. 4.5. Chapter 225 of NRS is hereby amended to read as follows:

      1.  The Secretary of State shall include and maintain on the Internet website of the Secretary of State information concerning:

      (a) Programs to provide financing for small businesses. The information must include, without limitation, information concerning:

             (1) Grants or loans of money from the Catalyst Account created by NRS 231.1573;

             (2) The issuance of revenue bonds for industrial development pursuant to NRS 349.400 to 349.670, inclusive;

             (3) The Nevada Collateral Support Program pursuant to 12 U.S.C. §§ 5701 et seq.;

             (4) The Nevada Microenterprise Initiative Program pursuant to 12 U.S.C. §§ 5701 et seq.;

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2863 (Chapter 426, AB 436)ê

 

             (5) The Nevada New Markets Jobs Act pursuant to chapter 231A of NRS;

             (6) The Nevada Silver State Opportunities Fund pursuant to NRS 355.275;

             (7) Loans from the Small Business Administration pursuant to 15 U.S.C. §§ 631 et seq.; and

             (8) Any other program to provide financing for small businesses designated by the Secretary of State.

      (b) The process by which the business may become certified as a disadvantaged business enterprise for the purposes of 49 C.F.R. § 26.5 or a program to provide financing for disadvantaged business enterprises.

      2.  The Secretary of State may adopt regulations as he or she deems necessary to carry out the provisions of this section.

      Sec. 5. Section 20 of the Regional Business Development Advisory Council for Clark County Act, being chapter 7, Statutes of Nevada 2003, 20th Special Session, as amended by chapter 142, Statutes of Nevada 2015, at page 550, is hereby amended to read as follows:

       Sec. 20.  1.  The Council shall propose and implement policies, programs and procedures to encourage and promote the use of local businesses owned and operated by disadvantaged persons, particularly in the area of contracting and procurement by public agencies in Clark County.

       2.  On or before November 1 of each year, each public entity which has a representative on the Council pursuant to subsection 1 of section 15 of this act shall prepare and deliver a written report to the Council for the immediately preceding fiscal year which contains:

       (a) The number of persons employed by the public entity, disaggregated by major ethnic and racial categories, including, without limitation, African-American, Asian, Caucasian, Hispanic and Native American.

       (b) Expenditures made by the public entity during the immediately preceding fiscal year, disaggregated by discretionary and nondiscretionary expenditures.

       (c) The percentage of expenditures paid by the public entity to local businesses owned and operated by disadvantaged persons, disaggregated by ethnic and racial categories and by gender.

       (d) A summary of the efforts and programs used by the public entity to encourage and increase the involvement in contracting local businesses owned and operated by disadvantaged persons and any efforts or programs used by the public entity to encourage the economic development of local businesses owned and operated by disadvantaged persons.

       (e) Such other information as the Council determines is necessary to achieve its goals.

       3.  The Council shall encourage each public and private entity which has a representative on the Council pursuant to subsection 2 of

 

 

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2864 (Chapter 426, AB 436)ê

 

section 15 of this act to prepare and deliver to the Council an annual report similar to the report required pursuant to subsection 2.

      4.  The Council shall provide to local businesses owned and operated by disadvantaged persons information, in written or electronic form, concerning public and private programs to provide financing for small businesses and the criteria for obtaining financing through such programs. The information must include, without limitation:

       (a) Grants or loans of money from the Catalyst Account created by NRS 231.1573;

       (b) The issuance of revenue bonds for industrial development pursuant to NRS 349.400 to 349.670, inclusive;

       (c) The Nevada Collateral Support Program pursuant to 12 U.S.C. §§ 5701 et seq.;

       (d) The Nevada Microenterprise Initiative Program pursuant to 12 U.S.C. §§ 5701 et seq.;

       (e) The Nevada New Markets Jobs Act pursuant to chapter 231A of NRS;

       (f) The Nevada Silver State Opportunities Fund pursuant to NRS 355.275;

       (g) Loans from the Small Business Administration pursuant to 15 U.S.C. §§ 631 et seq.; and

      (h) Any other private lending opportunity for small businesses with which the Council has a working relationship.

       5.  On or before January 15 of each odd-numbered year, the Council shall prepare a report regarding the policies, programs and procedures that the Council proposed and implemented during the immediately preceding 2 years to encourage and promote the use of local businesses owned and operated by disadvantaged persons, using the reports received pursuant to this section, and shall submit the report to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature.

      Sec. 6.  1.  This section and sections 1 and 5 of this act become effective on July 1, 2017.

      2.  Sections 1.5 to 4.5, inclusive, of this act become effective on January 1, 2018.

________

 

 

 

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2865ê

 

CHAPTER 427, AB 354

Assembly Bill No. 354–Assemblywoman Neal

 

CHAPTER 427

 

[Approved: June 6, 2017]

 

AN ACT relating to employment; requiring the Director of the Department of Employment, Training and Rehabilitation to provide certain reports on the rate of unemployment of residents in this State to the Director of the Legislative Counsel Bureau; requiring the Governor’s Workforce Investment Board to conduct certain activities to reduce the rate of unemployment for certain groups; requiring the Executive Director of the Office of Workforce Innovation to submit each year a report containing certain information; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Director of the Department of Employment, Training and Rehabilitation to: (1) organize the Department of Employment, Training and Rehabilitation into divisions; (2) provide the Director of the Department of Administration with a list of organizations and agencies in this State whose primary purpose is the training and employment of persons with disabilities; (3) direct the divisions of the Department to share information in their records with certain local governments; and (4) provide certain employment and wage information to the Board of Regents of the University of Nevada. (NRS 232.920) Section 5 of this bill requires the Director to provide the Director of the Legislative Counsel Bureau a written report each quarter containing the rate of unemployment of residents of this State regarding whom the Department has information, organized by county. Section 5 additionally requires such a report to disaggregate the rate of unemployment by demographic information, which includes age, race and gender, for each county.

      Existing law creates the Governor’s Workforce Investment Board and requires the Board to conduct certain duties. (NRS 232.935) Section 6 of this bill requires the Board to: (1) receive reports created pursuant to section 5; (2) require all applicable agencies which provide workforce development services to coordinate efforts and resources to reduce, in certain situations, the rate of unemployment for certain groups; and (3) provide a written report each year to the Director and the Director of the Legislative Counsel Bureau describing the efforts to reduce the rate of unemployment for certain groups.

      Existing law requires the P-20W Advisory Council to develop and oversee a statewide longitudinal data system that links data relating to early childhood education programs and K-12 public education with data relating to postsecondary education and the workforce in this State. (NRS 400.040) Section 20 of Senate Bill No. 516 of this session moves the responsibility for the oversight of the State’s statewide longitudinal data system from the P-20W Advisory Council to the Executive Director of the Office of Workforce Innovation. Section 6.5 of this bill requires the Executive Director of the Office of Workforce Innovation, on or before January 1 of each year, to submit to the Director of the Legislative Counsel Bureau a written report that includes the most current data and reports produced by the statewide longitudinal data system.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-4. (Deleted by amendment.)

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2866 (Chapter 427, AB 354)ê

 

      Sec. 5. NRS 232.920 is hereby amended to read as follows:

      232.920  The Director:

      1.  Shall:

      (a) Organize the Department into divisions and other operating units as needed to achieve the purposes of the Department;

      (b) Upon request, provide the Director of the Department of Administration with a list of organizations and agencies in this State whose primary purpose is the training and employment of persons with disabilities;

      (c) Except as otherwise provided by a specific statute, direct the divisions to share information in their records with agencies of local governments which are responsible for the collection of debts or obligations if the confidentiality of the information is otherwise maintained under the terms and conditions required by law; [and]

      (d) Provide the employment and wage information to the Board of Regents of the University of Nevada for purposes of the reporting required of the Board of Regents by subsection 4 of NRS 396.531 [.] ; and

      (e) Provide to the Director of the Legislative Counsel Bureau a written report each quarter containing the rate of unemployment of residents of this State regarding whom the Department has information, organized by county and, for each county, the rate of unemployment disaggregated by demographic information, including, without limitation, age, race and gender. The Director of the Department shall:

             (1) Post on the Internet website of the Department the report required by this paragraph;

             (2) Provide the report to the Governor’s Workforce Investment Board and all applicable agencies for the purposes of subsection 5 of NRS 232.935; and

             (3) Post on the Internet website of the Department the written report provided by the Governor’s Workforce Investment Board pursuant to subsection 5 of NRS 232.935.

      2.  Is responsible for the administration, through the divisions of the Department, of the provisions of NRS 426.010 to 426.720, inclusive, 426.740, 426.790 and 426.800, and chapters 612 and 615 of NRS, and all other provisions of law relating to the functions of the Department and its divisions, but is not responsible for the professional line activities of the divisions or other operating units except as otherwise provided by specific statute.

      3.  May employ, within the limits of legislative appropriations, such staff as is necessary for the performance of the duties of the Department.

      Sec. 6. NRS 232.935 is hereby amended to read as follows:

      232.935  1.  In appointing members of the Governor’s Workforce Investment Board, the Governor shall ensure that the membership as a whole represents:

      (a) Industry sectors which are essential to this State and which are driven primarily by demand;

      (b) Communities and areas of economic development which are essential to this State; and

      (c) The diversity of the workforce of this State, including, without limitation, geographic diversity and the diversity within regions of this State.

      2.  The Governor’s Workforce Investment Board shall:

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2867 (Chapter 427, AB 354)ê

 

      (a) Identify:

             (1) Industry sectors which are essential to this State; and

             (2) The region or regions of this State where the majority of the operations of each of those industry sectors is conducted.

      (b) Establish:

             (1) Regional goals for economic development for each of the industry sectors identified pursuant to paragraph (a); and

             (2) A council for each industry sector.

      (c) Consider and develop programs to promote:

             (1) Strategies to improve labor markets for industries and regions of this State, including, without limitation, improving the availability of relevant information;

             (2) Coordination of the efforts of relevant public and private agencies and organizations;

             (3) Strategies for providing funding as needed by various industry sectors;

             (4) Increased production capacities for various industry sectors;

             (5) The development of useful measurements of performance and outcomes in various industry sectors;

             (6) Participation by and assistance from state and local government agencies;

             (7) Expanded market penetration, including, without limitation, by providing assistance to employers with small numbers of employees;

             (8) Partnerships between labor and management;

             (9) Business associations;

             (10) The development of improved instructional and educational resources for employers and employees; and

             (11) The development of improved economies of scale, as applicable, in industry sectors.

      3.  Each industry sector council established pursuant to subparagraph (2) of paragraph (b) of subsection 2:

      (a) Must be composed of representatives from:

             (1) Employers within that industry;

             (2) Organized labor within that industry;

            (3) Universities and community colleges; and

             (4) Any other relevant group of persons deemed to be appropriate by the Board.

      (b) Shall, within the parameters set forth in the American Recovery and Reinvestment Act of 2009 or the parameters of any other program for which the federal funding is available, identify job training and education programs which the industry sector council determines to have the greatest likelihood of meeting the regional goals for economic development established for that industry sector pursuant to subparagraph (1) of paragraph (b) of subsection 2.

      4.  The Board shall:

      (a) Identify and apply for federal funding available for the job training and education programs identified pursuant to paragraph (b) of subsection 3;

      (b) Consider and approve or disapprove applications for money;

      (c) Provide and administer grants of money to industry sector councils for the purpose of establishing job training and education programs in industry sectors for which regional goals for economic development have been established pursuant to subparagraph (1) of paragraph (b) of subsection 2; and

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2868 (Chapter 427, AB 354)ê

 

      (d) Adopt regulations establishing:

             (1) Guidelines for the submission and review of applications to receive grants of money from the Department; and

             (2) Criteria and standards for the eligibility for and use of any grants made pursuant to paragraph (c).

Ê Except as otherwise required as a condition for federal funding, the regulations required by this subsection must give priority to job training and education programs that are consistent with the State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053.

      5.  The Board shall:

      (a) Receive reports from the Director pursuant to paragraph (e) of subsection 1 of NRS 232.920;

      (b) Require all applicable agencies which provide workforce development services to coordinate efforts and resources to reduce the rate of unemployment for a demographic group contained in the report provided pursuant to paragraph (e) of subsection 1 of NRS 232.920 if, for that demographic group, the rate of unemployment for the group:

             (1) Is 200 percent or more of the rate of unemployment for the applicable county as a whole;

             (2) Is 4 or more percentage points higher than the rate of unemployment for the applicable county as a whole; or

             (3) Has been higher than the rate of unemployment for the applicable county as a whole for 3 or more consecutive years; and

      (c) Provide a written report each year to the Director of the Department and the Director of the Legislative Counsel Bureau describing the efforts made by the Board and all applicable agencies to comply with paragraph (b).

      6.  In carrying out its powers and duties pursuant to this section, the Board shall consult with the Executive Director of the Office of Economic Development and shall cooperate with the Executive Director in implementing the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053.

      [6.]7.  As used in this section, “industry sector” means a group of employers closely linked by common products or services, workforce needs, similar technologies, supply chains or other economic links.

      Sec. 6.5. Section 20 of Senate Bill No. 516 of this session is hereby amended to read as follows:

       Sec. 20.  The Executive Director of the Office of Workforce Innovation shall:

       1.  Provide support to the Office of the Governor, the Governor’s Workforce Development Board created by NRS 232.935 and the industry sector councils established by the Governor’s Workforce Development Board on matters relating to workforce development.

       2.  Work in coordination with the Office of Economic Development to establish criteria and goals for workforce development and diversification in this State.

       3.  Collect and systematize and present in biennial reports to the Governor and the Legislature such statistical details relating to workforce development in the State as the Executive Director of the Office may deem essential to further the objectives of the Office of Workforce Innovation.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2869 (Chapter 427, AB 354)ê

 

       4.  At the direction of the Governor:

       (a) Identify, recommend and implement policies related to workforce development.

       (b) Define career pathways and identify priority career pathways for secondary and postsecondary education.

       (c) Discontinue career pathways offered by the State which fail to meet minimum standards of quality, rigor and cross-education alignment, or that do not demonstrate a connection to priority industry needs.

       (d) In consultation with the Governor’s Workforce Development Board, identify industry-recognized credentials, workforce development programs and education.

       (e) Maintain and oversee the statewide longitudinal data system that links data relating to early childhood education programs and K-12 public education with data relating to postsecondary education and the workforce in this State.

       (f) Collect accurate educational data in the statewide longitudinal data system for the purpose of analyzing student performance through employment to assist in improving the educational system and workforce training program in this State.

       (g) On or before January 1 of each year, submit to the Director of the Legislative Counsel Bureau a written report that includes, without limitation, the most current data and reports produced by the statewide longitudinal data system.

       (h) Apply for and administer grants, including, without limitation, those that may be available from funding reserved for statewide workforce investment activities.

       [h] (i) Review the status and structure of local workforce investment areas in the State, in coordination with the Governor and the Governor’s Workforce Development Board.

       [i] (j) Report periodically to the Governor’s Workforce Development Board concerning the administration of the policies and programs of the Office of Workforce Innovation.

       [j] (k) On or before March 31 of each year, submit to the Governor a complete report of the activities, discussions, findings and recommendations of the Office of Workforce Innovation.

       [k] (l) Oversee the State Apprenticeship Council and the State Apprenticeship Director pursuant to NRS 610.110 to 610.185, inclusive, and perform such other functions as may be necessary for the fulfillment of the intent and purposes of chapter 610 of NRS.

       [l] (m) Suggest improvements regarding the allocation of federal and state money to align workforce training and related education programs in the State, including, but not limited to, career and technical education.

      Sec. 7.  1.  For the purposes of paragraph (e) of subsection 1 of NRS 232.920, as amended by section 5 of this act, and paragraph (b) of subsection 5 of NRS 232.935, as amended by section 6 of this act, the Director of the Department of Employment, Training and Rehabilitation shall, as soon as practicable after July 1, 2017, provide to the Governor’s Workforce Investment Board the information described in paragraph (e) of subsection 1 of NRS 232.920, as amended by section 5 of this act, for the 3 years preceding July 1, 2017.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2870 (Chapter 427, AB 354)ê

 

      2.  As soon as practicable after receipt of the information required by subsection 1, the Governor’s Workforce Investment Board shall begin complying with the provisions of paragraph (b) of subsection 5 of NRS 232.935, as amended by section 6 of this act, for any demographic group described by subparagraph (3) of paragraph (b) of subsection 5 of NRS 232.935, as amended by section 6 of this act.

      Sec. 8.  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. 9.  1.  This section and sections 1 to 6, inclusive, 7 and 8 of this act become effective:

      (a) Upon passage and approval for the purpose of adopting any regulations or performing any other preparatory administrative tasks necessary to carry out the provisions of this act; and

      (b) On July 1, 2017, for all other purposes.

      2.  Section 6.5 of this act becomes effective on July 1, 2017, if and only if Senate Bill No. 516 of this session is enacted by the Legislature and approved by the Governor.

________

CHAPTER 428, SB 414

Senate Bill No. 414–Senators Hammond, Manendo, Farley, Cancela and Ford

 

CHAPTER 428

 

[Approved: June 6, 2017]

 

AN ACT relating to taxation; revising provisions governing taxation of personal property owned by nonresidents and located in Nevada solely for the purposes of a display, exhibition, convention, tradeshow, carnival, fair or circus; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law exempts from taxation all personal property that is owned by a person who is not a resident of this State if the property is located in this State solely for the purposes of a display, exhibition, convention, carnival, fair or circus that is transient in nature. (NRS 361.068) This bill revises the requirements for claiming the exemption by: (1) making the requirement that the activity be transient in nature apply only to property in the State for purposes of a display, exhibition, carnival, fair or circus and only if the display, exhibition, carnival, fair or circus is located in this State for not more than 30 days; and (2) exempting property that is in this State for the purpose of an exhibit that is used in a convention or tradeshow that is located in this State.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2871 (Chapter 428, SB 414)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 361.068 is hereby amended to read as follows:

      361.068  1.  The following personal property is exempt from taxation:

      (a) Personal property held for sale by a merchant;

      (b) Personal property held for sale by a manufacturer;

      (c) Raw materials and components held by a manufacturer for manufacture into products, and supplies to be consumed in the process of manufacture;

      (d) Tangible personal property purchased by a business which will be consumed during the operation of the business;

      (e) Livestock;

      (f) Colonies of bees;

      (g) Pipe and other agricultural equipment used to convey water for the irrigation of legal crops;

      (h) All boats;

      (i) Slide-in campers and camper shells;

      (j) Except as otherwise provided in NRS 361.186, fine art for public display; and

      (k) All personal property that is:

             (1) Owned by a person who is not a resident of this state; and

             (2) Located in this state solely for the purposes of [a display, exhibition,] :

                   (I) An exhibit that is used in a convention [,] or tradeshow that is located in this State; or

                   (II) A display, exhibition, carnival, fair or circus that is transient in nature [.] and is located in this State for not more than 30 days.

      2.  The Nevada Tax Commission may exempt from taxation that personal property for which the annual taxes would be less than the cost of collecting those taxes. If such an exemption is provided, the Nevada Tax Commission shall annually determine the average cost of collecting property taxes in this state which must be used in determining the applicability of the exemption.

      3.  A person claiming the exemption provided for in paragraph (j) of subsection 1 shall:

      (a) On or before June 15 for the next ensuing fiscal year, file with the county assessor an affidavit declaring that the fine art will, during that ensuing fiscal year, meet all the criteria set forth in paragraph (b) of subsection 4; and

      (b) During any fiscal year in which the person claims the exemption, make available for educational purposes and not for resale, upon written request and without charge to any public school as defined in NRS 385.007, private school as defined in NRS 394.103 and parent of a child who receives instruction in a home pursuant to NRS 392.070, one copy of a poster depicting the fine art that the facility has on public display if such a poster is available for purchase by the public at the time of the request.

      4.  As used in this section:

      (a) “Boat” includes any vessel or other watercraft, other than a seaplane, used or capable of being used as a means of transportation on the water.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2872 (Chapter 428, SB 414)ê

 

      (b) “Fine art for public display”:

             (1) Except as otherwise provided in subparagraph (2), means a work of art which:

                   (I) Is an original painting in oil, mineral, water colors, vitreous enamel, pastel or other medium, an original mosaic, drawing or sketch, an original sculpture of clay, textiles, fiber, wood, metal, plastic, glass or a similar material, an original work of mixed media or a lithograph;

                   (II) Was purchased in an arm’s length transaction for $25,000 or more, or has an appraised value of $25,000 or more;

                   (III) Is on public display in a public or private art gallery, museum or other building or area in this state for at least 20 hours per week during at least 35 weeks of each year for which the exemption is claimed or, if the facility displaying the fine art disposes of it before the end of that year, during at least two-thirds of the full weeks during which the facility had possession of it, or if the gallery, museum or other building or area in which the fine art will be displayed will not be opened until after the beginning of the fiscal year for which the exemption is claimed, these display requirements must be met for the first full fiscal year after the date of opening, and the date of opening must not be later than 2 years after the purchase of the fine art being displayed; and

                   (IV) Is on display in a facility that is available for group tours by pupils or students for at least 5 hours on at least 60 days of each full year for which the exemption is claimed, during which the facility in which it is displayed is open, by prior appointment and at reasonable times, without charge; and

             (2) Does not include:

                   (I) A work of fine art that is a fixture or an improvement to real property;

                   (II) A work of fine art that constitutes a copy of an original work of fine art, unless the work is a lithograph that is a limited edition and that is signed and numbered by the artist;

                   (III) Products of filmmaking or photography, including, without limitation, motion pictures;

                   (IV) Literary works;

                   (V) Property used in the performing arts, including, without limitation, scenery or props for a stage; or

                   (VI) Property that was created for a functional use other than, or in addition to, its aesthetic qualities, including, without limitation, a classic or custom-built automobile or boat, a sign that advertises a business, and custom or antique furniture, lamps, chandeliers, jewelry, mirrors, doors or windows.

      (c) “Personal property held for sale by a merchant” includes property that:

             (1) Meets the requirements of sub-subparagraphs (I) and (II) of subparagraph (1) of paragraph (b);

             (2) Is made available for sale within 2 years after it is acquired; and

             (3) Is made available for viewing by the public or prospective purchasers, or both, within 2 years after it is acquired, whether or not a fee is charged for viewing it and whether or not it is also used for purposes other than viewing.

      (d) “Public display” means the display of a work of fine art where members of the public have access to the work of fine art for viewing during publicly advertised hours.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2873 (Chapter 428, SB 414)ê

 

publicly advertised hours. The term does not include the display of a work of fine art in an area where the public does not generally have access, including, without limitation, a private office, hallway or meeting room of a business, a room of a business used for private lodging and a private residence.

      (e) “Pupil” means a person who:

             (1) Is enrolled for the current academic year in a public school as defined in NRS 385.007 or a private school as defined in NRS 394.103; or

             (2) Receives instruction in a home and is excused from compulsory attendance pursuant to NRS 392.070.

      (f) “Student” means a person who is enrolled for the current academic year in:

             (1) A community college or university; or

             (2) A licensed postsecondary educational institution as defined in NRS 394.099 and a course concerning fine art.

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

________

CHAPTER 429, SB 481

Senate Bill No. 481–Committee on Health and Human Services

 

CHAPTER 429

 

[Approved: June 6, 2017]

 

AN ACT relating to disabilities; transforming the Subcommittee on Communication Services for Persons Who Are Deaf or Hard of Hearing and Persons With Speech Disabilities of the Nevada Commission on Services for Persons with Disabilities into the Nevada Commission for Persons Who Are Deaf, Hard of Hearing or Speech Impaired in the Office of the Governor; requiring the Governor to appoint a Director of the Commission; requiring the Aging and Disability Services Division of the Department of Health and Human Services to provide personnel, facilities, equipment and supplies to the Commission; revising the duties of the Commission; requiring the Legislative Committee on Health Care to study the sources of money available for certain purposes; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Subcommittee on Communication Services for Persons Who Are Deaf or Hard of Hearing and Persons With Speech Disabilities of the Nevada Commission on Services for Persons with Disabilities. The Subcommittee consists of persons with knowledge of issues relating to communications disabilities who are appointed by the Administrator of the Aging and Disability Services Division of the Department of Health and Human Services. The Subcommittee is authorized to: (1) make recommendations to the Commission concerning programs for persons with communications disabilities; (2) review services of the Division for persons with communications disabilities and advise the Division concerning such services; and (3) advise the Department of Education on ensuring the availability of language and communication services for children with communications disabilities. The Subcommittee is required to make recommendations to the Commission concerning the practices of interpreting and realtime captioning and to the Division concerning certain programs to provide assistive technology to persons with communications disabilities. (NRS 427A.750)

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2874 (Chapter 429, SB 481)ê

 

      Section 5 of this bill changes the name of the Subcommittee to the Nevada Commission for Persons Who Are Deaf, Hard of Hearing or Speech Impaired. Section 5 also places the Commission in the Office of the Governor and requires the Governor to appoint the members of the Commission. Additionally, section 5 provides for the Commission to: (1) review the services and practices of all state and local governmental entities relating to persons who are deaf, hard of hearing or speech impaired and advise those entities directly; and (2) provide persons who are deaf, hard of hearing or speech impaired with information concerning services and resources that promote equality of opportunity for such persons. Section 4 of this bill makes a conforming change. Section 3 of this bill requires the Governor to appoint a Director of the Commission, who serves without compensation and performs such duties as directed by the Commission. Section 5.5 of this bill requires the Legislative Committee on Health Care to study grants and other sources of money that may be available to transform the position of Director of the Commission into a full-time, paid position. Section 3 requires the Aging and Disability Services Division to provide the personnel, facilities, equipment and supplies required by the Commission to fulfill its duties.

      Section 5.3 of this bill makes an appropriation of $25,000 from the State General Fund to the Commission in each fiscal year of the 2017-2019 biennium for per diem, travel and administrative costs of the Commission.

 

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

 

      Whereas, Persons who are differently abled make up a significant part of the population of this State; and

      Whereas, Persons who are deaf, hard of hearing or speech impaired contribute significantly to the general welfare of the people of this State; and

      Whereas, Assisting persons who are deaf, hard of hearing or speech impaired to communicate effectively is necessary to maximize such contributions and allow such persons to achieve equality in education, employment and socialization; and

      Whereas, Services that persons who are deaf, hard of hearing or speech impaired receive from state and local governmental agencies help them communicate effectively, maximizing their contributions and allowing them to achieve greater equality; and

      Whereas, Persons who are deaf, hard of hearing or speech impaired need the ability to communicate effectively with state and local governmental entities to ensure that such persons receive services that are helpful to them in a manner that ensures their dignity and equality; now, therefore

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 427A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. As used in this section and NRS 427A.750 and section 3 of this act, unless the context otherwise requires, “Commission” means the Nevada Commission for Persons Who Are Deaf, Hard of Hearing or Speech Impaired created by NRS 427A.750.

      Sec. 3. 1.  The Governor shall appoint the Director of the Commission. The Director:

      (a) Serves without compensation, at the pleasure of the Governor.

      (b) Shall perform such duties as are directed by the Commission.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2875 (Chapter 429, SB 481)ê

 

      2.  The Division shall provide the personnel, facilities, equipment and supplies required by the Commission to carry out the provisions of this section and NRS 427A.750.

      Sec. 4. NRS 427A.1213 is hereby amended to read as follows:

      427A.1213  1.  The Commission shall, at its first meeting and annually thereafter, elect a Chair from among its voting members.

      2.  The Commission shall meet at least quarterly and at the times and places specified by a call of the Director, the Chair or a majority of the voting members of the Commission.

      3.  A majority of the voting members of the Commission constitutes a quorum for the transaction of all business.

      4.  The Commission shall establish rules for its own governance.

      5.  Except as otherwise provided in NRS 426.731 , [and 427A.750,] the Chair may appoint subcommittees and advisory committees composed of the members of the Commission, former members of the Commission and members of the general public who have experience with or knowledge of matters relating to persons with disabilities, to consider specific problems or other matters that are related to and within the scope of the functions of the Commission. A subcommittee or advisory committee appointed pursuant to this subsection must not contain more than five members. To the extent practicable, the members of such a subcommittee or advisory committee must be representative of the various geographic areas and ethnic groups of this State.

      Sec. 5. NRS 427A.750 is hereby amended to read as follows:

      427A.750  1.  The [Subcommittee on Communication Services] Nevada Commission for Persons Who Are Deaf , [or] Hard of Hearing [and Persons With Speech Disabilities of the Nevada Commission on Services for Persons with Disabilities] or Speech Impaired is hereby created [.] within the Office of the Governor. The [Subcommittee] Commission consists of nine members appointed by the [Administrator.] Governor. The [Administrator] Governor shall consider recommendations made by the Nevada Commission on Services for Persons with Disabilities and appoint to the [Subcommittee:] Nevada Commission for Persons Who Are Deaf, Hard of Hearing or Speech Impaired:

      (a) One nonvoting member who is employed by the [Division] State and who participates in the administration of the [program] programs of this State that [provides] provide services to persons [with communications disabilities which affect their ability to communicate;] who are deaf, hard of hearing or speech impaired;

      (b) One member who is a member of the Nevada Association of the Deaf, or, if it ceases to exist, one member who represents an organization which has a membership of persons who are deaf, hard of hearing or speech-impaired;

      (c) One member who has experience with [or an interest in] and knowledge of [the problems of and] services for [the] persons who are deaf, hard of hearing or speech-impaired;

      (d) One nonvoting member who is the Executive Director of the Nevada Telecommunications Association or, in the event of its dissolution, who represents the telecommunications industry;

      (e) Three members who are users of telecommunications relay services or the services of persons engaged in the practice of interpreting or the practice of realtime captioning;

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2876 (Chapter 429, SB 481)ê

 

      (f) One member who is a parent of a child who is deaf, hard of hearing or speech-impaired; and

      (g) One member who represents educators in this State and has knowledge concerning the provision of communication services to persons [with communications disabilities] who are deaf, hard of hearing or speech impaired in elementary, secondary and postsecondary schools and the laws concerning the provision of those services.

      2.  After the initial term, the term of each member is 3 years. A member may be reappointed.

      3.  If a vacancy occurs during the term of a member, the [Administrator] Governor shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term.

      4.  The [Subcommittee] Commission shall:

      (a) At its first meeting and annually thereafter, elect a Chair from among its voting members; and

      (b) Meet at the call of the [Administrator,] Governor or the Chair [of the Nevada Commission on Services for Persons with Disabilities, the Chair of the Subcommittee] or a majority of its voting members as is necessary to carry out its responsibilities.

      5.  A majority of the voting members of the [Subcommittee] Commission constitutes a quorum for the transaction of business, and a majority of the voting members of a quorum present at any meeting is sufficient for any official action taken by the [Subcommittee.] Commission.

      6.  Members of the [Subcommittee] Commission serve without compensation, except that each member is entitled, while engaged in the business of the [Subcommittee,] Commission, to the per diem allowance and travel expenses provided for state officers and employees generally if funding is available for this purpose.

      7.  A member of the [Subcommittee] Commission who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation so that the person may prepare for and attend meetings of the [Subcommittee] Commission and perform any work necessary to carry out the duties of the [Subcommittee] Commission in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the [Subcommittee] Commission to make up the time he or she is absent from work to carry out his or her duties as a member of the [Subcommittee] Commission or use annual vacation or compensatory time for the absence.

      8.  The [Subcommittee] Commission may:

      (a) Make recommendations to [the Nevada Commission on Services for Persons with Disabilities] any state agency, including, without limitation, the Division, concerning the establishment and operation of programs for persons [with communications disabilities which affect their ability to communicate.] who are deaf, hard of hearing or speech impaired to ensure equal access to state programs and activities.

      (b) Recommend to the [Nevada Commission on Services for Persons with Disabilities] Governor any proposed legislation concerning persons [with communications disabilities which affect their ability to communicate.] who are deaf, hard of hearing or speech impaired.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2877 (Chapter 429, SB 481)ê

 

      (c) Collect information concerning persons [with communications disabilities which affect their ability to communicate.] who are deaf, hard of hearing or speech impaired.

      (d) Create and annually review a 5-year strategic plan consisting of short-term and long-term goals for services provided by or on behalf of the Division. In creating and reviewing any such plan, the [Subcommittee] Commission must solicit input from various persons, including, without limitation, persons [with communications disabilities.] who are deaf, hard of hearing or speech impaired.

      (e) Review the goals, policies, programs and services of state agencies, including, without limitation, the Division [for] , that serve persons [with communications disabilities] who are deaf, hard of hearing or speech impaired and advise [the Division] such agencies regarding such goals, policies, programs and services, including, without limitation, the outcomes of services provided to persons [with communications disabilities] who are deaf, hard of hearing or speech impaired and the requirements imposed on providers.

      (f) Based on information collected by the Department of Education, advise the Department of Education on research and methods to ensure the availability of language and communication services for children who are deaf, hard of hearing or speech-impaired.

      (g) Consult with the personnel of any state agency, including, without limitation, the Division, concerning any matter relevant to the duties of the Commission. A state agency shall make available to the Commission any officer or employee of the agency with which the Commission wishes to consult pursuant to this paragraph.

      9.  The [Subcommittee] Commission shall [make] :

      (a) Make recommendations to [:

      (a) The Nevada Commission on Services for Persons with Disabilities] the Division concerning the practice of interpreting and the practice of realtime captioning, including, without limitation, the adoption of regulations to carry out the provisions of chapter 656A of NRS.

      (b) [The] Make recommendations to the Division concerning all programs and activities funded by the surcharge imposed pursuant to subsection 3 of NRS 427A.797.

      (c) Provide persons who are deaf, hard of hearing or speech impaired with information concerning services and resources that promote equality for such persons in education, employment and socialization and referrals for such services and resources;

      (d) Review the procedures and practices of state and local governmental entities to ensure that persons who are deaf, hard of hearing or speech impaired have equal access to resources and services provided by those governmental entities; and

      (e) Make recommendations to state and local governmental entities concerning:

             (1) Compliance with laws and regulations concerning persons who are deaf, hard of hearing or speech impaired, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.;

             (2) Improving the health, safety, welfare and comfort of persons who are deaf, hard of hearing or speech impaired; and

             (3) Integrating services and programs for persons who are deaf, hard of hearing or speech impaired and improving cooperation among state and local governmental entities that provide such services.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2878 (Chapter 429, SB 481)ê

 

      10.  As used in this section:

      (a) [“Nevada Commission on Services for Persons with Disabilities” means the Nevada Commission on Services for Persons with Disabilities created by NRS 427A.1211.

      (b)] “Practice of interpreting” has the meaning ascribed to it in NRS 656A.060.

      [(c)](b) “Practice of realtime captioning” has the meaning ascribed to it in NRS 656A.062.

      [(d)](c) “Telecommunications relay services” has the meaning ascribed to it in 47 C.F.R. § 64.601.

      Sec. 5.3.  1.  There is hereby appropriated from the State General Fund to the Nevada Commission for Persons Who Are Deaf, Hard of Hearing or Speech Impaired created by NRS 427A.750, as amended by section 5 of this act, for per diem, travel and administrative costs of the Commission the following sums:

For the Fiscal Year 2017-2018....................................................... $25,000

For the Fiscal Year 2018-2019....................................................... $25,000

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of appropriated money remaining must not be spent for any purpose after September 21, 2018, and September 20, 2019, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 21, 2018, and September 20, 2019, respectively.

      Sec. 5.5.  During the 2017-2018 interim, the Legislative Committee on Health Care shall study grants and other sources of money that may be available to transform the position of Director of the Nevada Commission for Persons Who Are Deaf, Hard of Hearing or Speech Impaired, appointed pursuant to section 3 of this act, into a full-time, paid position. On or before September 1, 2018, the Committee shall submit its findings to:

      1.  The Aging and Disability Services Division of the Department of Health and Human Services;

      2.  The Governor; and

      3.  The Director of the Legislative Counsel Bureau for transmittal to the 80th Session of the Legislature.

      Sec. 6.  Notwithstanding the amendatory provisions of this act, a member of the Subcommittee on Communication Services for Persons Who Are Deaf or Hard of Hearing and Persons With Speech Disabilities of the Nevada Commission on Services for Persons with Disabilities who was appointed pursuant to NRS 427A.750 as that section existed on June 30, 2017, and who is serving a term on July 1, 2017, is entitled to serve the remainder of the term to which he or she was appointed as a member of the Nevada Commission for Persons Who Are Deaf, Hard of Hearing or Speech Impaired created by NRS 427A.750, as amended by section 5 of this act.

      Sec. 7.  This act becomes effective on July 1, 2017.

________

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2879ê

 

CHAPTER 430, AB 94

Assembly Bill No. 94–Assemblywoman Neal

 

CHAPTER 430

 

[Approved: June 8, 2017]

 

AN ACT relating to economic development; repealing the prospective expiration of the NV Grow Program that provides certain assistance to existing small businesses; recognizing the Small Business Development Center in Clark County and requiring the Centers in Clark and Washoe Counties to cooperatively expand the NV Grow Program; making appropriations to support the NV Grow Program; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law directs the Office of Economic Development within the Office of the Governor to create the NV Grow Program as a pilot program to provide certain informational and technical assistance to existing small businesses in this State that are expanding or ready to expand. (Section 2 of chapter 459, Statutes of Nevada 2015, p. 2681) Existing law provided a $150,000 appropriation for the 2015–2017 biennium to the Nevada System of Higher Education for the College of Southern Nevada to hire a geographic information technology specialist, purchase related software and provide other services related to the NV Grow Program. (Section 5 of chapter 459, Statutes of Nevada 2015, p. 2683) Existing law also provides that the NV Grow Program expires by limitation on June 30, 2017. (Section 8 of chapter 459, Statutes of Nevada 2015, p. 2683)

      Sections 1-7 of this bill make the NV Grow Program ongoing by repealing the prospective expiration of the provisions that created the NV Grow Program and make conforming changes to remove the designation of the program as a pilot program. Section 1.5 of this bill designates the NV Grow Act as the short title for the act that establishes the NV Grow Program.

      Section 3 of this bill recognizes the Small Business Development Center in Clark County as a participant in the program and requires cooperation with the geographic information system specialist. Section 3 also requires the Small Business Development Centers in Clark and Washoe Counties to select the lead counselor and manage the NV Grow Program jointly, including: (1) appointing the College of Southern Nevada as administrator of the geographic information system; (2) identifying businesses and business sectors in this State that are ready to expand; (3) determining those businesses and business sectors that will participate in the program; (4) identifying skilled labor in this State and its potential for growth; (5) targeting business sectors and occupations in the State that have demonstrated the ability to grow and stimulate the economy; (6) focusing on utilization of existing resources; (7) harnessing the academic expertise of the College of Southern Nevada; (8) using the geographic information systems to map areas in which retail sales and other commerce are flourishing or have capacity for further growth; and (9) facilitating informational and other assistance of the College of Southern Nevada to businesses and business sectors, including business training, monitoring marketing techniques and business mentoring. Additionally, section 3: (1) adds business mentorship within the program as part of the resources and expertise the Centers provide to businesses in this State; (2) expands the goal of the NV Grow Program from serving 10 businesses to serving 15 businesses in this State every year; and (3) reduces the minimum revenue threshold for participation in the NV Grow Program to businesses that generate at least $50,000 per year.

      Section 8 of this bill increases the appropriations to provide grants for program support for business courses and allow the College of Southern Nevada to hire a lead counselor. Section 8 also requires the money appropriated by this bill to be used for direct program expenditures.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2880 (Chapter 430, AB 94)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 459, Statutes of Nevada 2015, is hereby amended by adding thereto a new section to be designated as section 1.5, immediately following section 1, to read as follows:

       Sec. 1.5.  This act may be cited as the NV Grow Act.

      Sec. 2. Section 1 of chapter 459, Statutes of Nevada 2015, at page 2681, is hereby amended to read as follows:

       Section 1.  The Legislature hereby finds and declares that:

       1.  It is vital to the overall health and growth of the economy of the State of Nevada to promote favorable conditions which allow the expansion of Nevada businesses that demonstrate the ability to grow;

       2.  As a result of the extraordinary economic challenges which have been, and are, confronting the State, the public has an interest in expanding the resources of this State to stimulate investment in Nevada’s economy;

       3.  It is the intent of the Legislature that resources be provided for the operation of the [pilot] program described in section 2 of this act; and

       4.  The purpose of the [pilot] program described in section 2 of this act is to stimulate investment in Nevada’s economy by providing technical assistance for businesses in this State that are expanding or ready to expand.

      Sec. 3. Section 2 of chapter 459, Statutes of Nevada 2015, at page 2681, is hereby amended to read as follows:

       Sec. 2.  1.  The Office, in consultation with the stakeholders group, shall develop, create and oversee the NV Grow Program [as a pilot program] to stimulate Nevada’s economy with a view toward providing assistance to businesses that are already located and operating in this State rather than recruiting businesses from other states to relocate in Nevada.

       2.  Under the auspices of the [pilot] program:

       (a) Institutions of the Nevada System of Higher Education located in Clark County and the Nevada Small Business Development Center in Clark County shall, in cooperation with the geographic information system specialist employed at the College of Southern Nevada, mentor and track businesses participating in the [pilot] program in Clark County. The Clark County Department of Business License will coordinate with the College to provide such data as may be necessary for the operation of the [pilot] program in Clark County.

      (b) The Nevada Small Business Development [Center] Centers located in Clark County and Washoe County shall each cooperate with the geographic information system specialist employed to assist businesses in Clark County that are participating in the [pilot] program with marketing and other efforts.

      3.  The [pilot program] Centers, jointly, shall select the lead counselor and manage the NV Grow Program, which must include, without limitation:

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2881 (Chapter 430, AB 94)ê

 

       (a) The employment of a geographic information specialist at the College of Southern Nevada who provides data to clients of the stakeholders group;

      (b) The appointment of the [Nevada Small Business Development Center in Washoe County] College of Southern Nevada as administrator of the geographic information system;

      (c) An analysis and identification by the Centers of businesses and business sectors in this State that are ready to expand [;] and a determination of which of these businesses and business sectors will participate in the program;

      (d) [The identification] Identification by the Centers of the skilled labor that exists in this State and its potential for growth;

      (e) [The targeting] Targeting by the Centers of business sectors and occupations in this State that have demonstrated the ability to grow and stimulate the economy of the State;

      (f) A focus by the Centers on the utilization of existing resources;

      (g) The harnessing of the academic expertise of the College of Southern Nevada and the Centers to provide economic and market data to contribute to the diversification and growth of the economy of this State;

      (h) The use of geographic information systems by the College of Southern Nevada and the Centers to map areas of this State to determine locations in which retail sales and other commerce are flourishing and locations in which retail sales and commerce demonstrate the capacity for further growth;

       (i) [The selection of businesses and business sectors in this State to participate in the pilot program;

       (j)] The elements described in subsection 2;

      [(k)](j) The provision of informational and other assistance by the College of Southern Nevada to businesses and business sectors in this State [;] , including, without limitation, business training, nontraditional marketing techniques and business mentoring; and

      [(l)](k) Such other components as the Office, in consultation with the stakeholders group, determines are likely to be necessary, advisable or advantageous for the growth and development of businesses located in this State.

       4.  The [pilot] program shall, insofar as is possible, use the resources and expertise of the Centers and make available those resources and that expertise to businesses in this State for the purposes of:

      (a) Developing business connections [;] and business mentorships within the program;

       (b) Exchanging data and other information with and between businesses and trade associations;

      (c) Creating and facilitating peer-to-peer mentoring sessions [;] for participants in the NV Grow Program; and

       (d) Providing to businesses and business sectors data and other information that is calculated or otherwise generated through the use of geographic information systems.

      5.  To the extent possible, the [pilot] program must be conducted with the goal of selecting [10] 15 businesses in Clark County to participate in the [pilot] program [.] every year.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2882 (Chapter 430, AB 94)ê

 

       6.  To qualify to participate in the [pilot] program, a business must:

       (a) Have its principal place of business within the State of Nevada and have had its principal place of business in this State for at least 2 years;

      (b) Generate at least [$100,000] $50,000 but not more than $700,000 in revenue; and

       (c) Have a business plan.

       7.  As used in this section:

       (a) “Business plan” means a written statement of a set of business goals, the reasons those goals are believed to be attainable and the plan for reaching those goals.

       (b) “Centers” means all institutions of the Nevada System of Higher Education, including, without limitation, the College of Southern Nevada and the University of Nevada, Reno.

       (c) “Geographic information system” means a computerized database management system for the capture, storage, retrieval, analysis and display of spatial or locationally defined data.

       (d) “Office” means the Office of Economic Development within the Office of the Governor.

      (e) “Stakeholders group” means a group of persons interested in economic development in this State selected by the Office, including, without limitation, a representative of the College of Southern Nevada, the University of Nevada, Las Vegas, the Urban Chamber of Commerce of Las Vegas, the Las Vegas Latin Chamber of Commerce, the Valley Center Opportunity Zone, the University of Nevada Cooperative Extension in Clark County, Clark County and incorporated cities in Clark County.

      Sec. 4. Section 3 of chapter 459, Statutes of Nevada 2015, at page 2683, is hereby amended to read as follows:

       Sec. 3.  In assisting and carrying out the [pilot] program described in section 2 of this act, the Centers, as defined in section 2 of this act, shall, without limitation, perform the following services:

       1.  Analyze data;

       2.  Ensure that businesses participating in the [pilot] program understand the manner in which the data so analyzed will be applied to those businesses so that the businesses may make better business decisions and understand the current business market in which they exist;

       3.  Mentor the businesses as to the optimum use of data received under the [pilot] program relative to the making of business decisions; and

       4.  With respect to the businesses participating in the [pilot] program:

       (a) Track the business decisions and growth of each business over the entire period of the [pilot] program; and

       (b) Report the data tracked pursuant to paragraph (a), at least once each 6 months, to the Office of Economic Development within the Office of the Governor.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2883 (Chapter 430, AB 94)ê

 

      Sec. 5. Section 4.5 of chapter 459, Statutes of Nevada 2015, at page 2683, is hereby amended to read as follows:

       Sec. 4.5.  The Office of Economic Development within the Office of the Governor may apply for any available grants, accept any gifts, grants or donations and use any such gifts, grants or donations to aid the Office in carrying out the [pilot] program described in section 2 of this act.

      Sec. 6.  Section 7 of chapter 459, Statutes of Nevada 2015, at page 2683, is hereby amended to read as follows:

       Sec. 7.  The [pilot] program described in section 2 of this act must begin operating not later than January 1, 2016.

      Sec. 7. Section 8 of chapter 459, Statutes of Nevada 2015, at page 2683, is hereby amended to read as follows:

       Sec. 8.  [1.]  This act becomes effective upon passage and approval for the purpose of performing any preparatory administrative tasks necessary to carry out the provisions of this act, and on July 1, 2015, for all other purposes.

       [2.  This act expires by limitation on June 30, 2017.]

      Sec. 8.  1.  There is hereby appropriated from the State General Fund to the Nevada System of Higher Education:

      (a) The sum of $225,000 to allow the Nevada Small Business Development Centers to provide such services as may be necessary to assist and carry out the NV Grow Program established pursuant to the NV Grow Act and to provide grants of $25,000 each to the Urban Chamber of Commerce and the Las Vegas Latin Chamber of Commerce for program support for business courses.

      (b) The sum of $125,000 to allow the College of Southern Nevada to hire a geographic information specialist to assist small businesses who participate in the NV Grow Program established pursuant to the NV Grow Act. Any portion of the money not used to hire the geographic information specialist may be used by the College to hire a lead counselor. Any money not used for these purposes must be used for direct program expenditures by the College, such as, without limitation, marketing tools, stipends and field trips.

      2.  All money appropriated by the provisions of this section must be distributed to the entities specified in paragraphs (a) and (b) of subsection 1 and must be used only for the purposes specified in those paragraphs and no portion of the money may be set aside, distributed or otherwise committed or used for any other purpose, including University indirect costs.

      Sec. 9.  Any remaining balance of the appropriation made by section 8 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 10.  1.  This section and sections 1 to 7, inclusive, of this act become effective upon passage and approval.

      2.  Sections 8 and 9 of this act become effective on July 1, 2017.

________

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2884ê

 

CHAPTER 431, AB 97

Assembly Bill No. 97–Assemblymen Benitez-Thompson and Yeager

 

Joint Sponsor: Senator Ford

 

CHAPTER 431

 

[Approved: June 8, 2017]

 

AN ACT relating to crimes; requiring a law enforcement agency to submit certain sexual assault forensic evidence kits to a forensic laboratory within a certain period after receipt thereof; requiring a forensic laboratory to test sexual assault forensic evidence kits within a certain period after receipt thereof and to report certain information concerning sexual assault forensic evidence kits on an annual basis; requiring the Attorney General to designate a department or division of the Executive Department of State Government to establish a statewide sexual assault forensic evidence kit tracking program; making various changes to the Subcommittee to Review Arrestee DNA of the Advisory Commission on the Administration of Justice; authorizing a county to be reimbursed from the Fund for the Compensation of Victims of Crime for the payment of costs associated with forensic medical examinations of victims of sexual assault; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1.3 of this bill requires a law enforcement agency to submit a sexual assault forensic evidence kit (hereinafter “SAFE kit”) to the applicable forensic laboratory responsible for conducting a genetic marker analysis not later than 30 days after receiving the SAFE kit. Such a requirement does not apply with regard to any noninvestigatory SAFE kit associated with a victim who has chosen to remain anonymous. Section 1.3 also requires each forensic laboratory that receives a SAFE kit from a law enforcement agency to: (1) test the SAFE kit not later than 120 days after receiving the SAFE kit; and (2) upon completion of a genetic marker analysis, include the DNA profile obtained from the genetic marker analysis in the State DNA Database and the Federal Bureau of Investigation’s Combined DNA Index System. Section 1.3 further requires each forensic laboratory to submit a report annually to the Director of the Legislative Counsel Bureau, for transmittal to the next session of the Legislature or to the Legislative Commission, as applicable. The report must include certain information concerning SAFE kits received by the forensic laboratory, depending on whether a SAFE kit was received by the forensic laboratory before January 1, 2015, or on or after January 1, 2015.

      Section 1.7 of this bill requires the Attorney General to designate a department or division of the Executive Department of State Government to establish a statewide program to track SAFE kits. Section 1.7: (1) requires the designated department or division to submit to the Governor and the Director of the Legislative Counsel Bureau, for transmittal to a Subcommittee of the Advisory Commission on the Administration of Justice, biannual reports concerning the program; and (2) authorizes the designated department or division to apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions relating to the program. Section 1.7 also requires each law enforcement agency, prosecutor, forensic laboratory and provider of health care who performs forensic medical examinations in this State to participate in the program and provides immunity from civil liability to any agency or person who participates in the program in good faith and without gross negligence.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2885 (Chapter 431, AB 97)ê

 

      Existing law establishes the Subcommittee to Review Arrestee DNA of the Advisory Commission on the Administration of Justice and requires the Subcommittee to evaluate, review and submit a report to the Commission regarding certain issues relating to arrestee DNA. (NRS 176.01246) Section 3.1 of this bill: (1) revises the name of the Subcommittee to reflect the broader duties assigned pursuant to this bill; and (2) requires the Subcommittee to additionally evaluate, review and submit a report to the Commission regarding the submittal, storage and testing of SAFE kits.

      Existing law requires a county in whose jurisdiction a sexual assault is committed to pay any costs incurred by a hospital for the forensic medical examination of the victim of the sexual assault. (NRS 217.300) Existing law also authorizes a compensation officer of the Department of Administration to order the payment of compensation from the Fund for the Compensation of Victims of Crime to or for the benefit of victims of certain crimes or to certain other specified persons. (NRS 217.033, 217.160, 217.260) Section 3.3 of this bill additionally authorizes a compensation officer to order the payment of compensation to a county for the reimbursement of costs associated with conducting forensic medical examinations of victims of sexual assault that are paid by the county, in an amount equal to the cost of 10 forensic medical examinations or $10,000, whichever is less, each fiscal year.

      Section 3.7 of this bill makes an appropriation of $3,000,000 to the Office of the Attorney General to be allocated pursuant to an interlocal agreement to a public entity for the purpose of making payments to forensic laboratories to reduce the backlog of sexual assault forensic evidence kits that have not been tested.

 

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 200 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.7 of this act.

      Sec. 1.3. 1.  Except as otherwise provided in this subsection, a law enforcement agency shall, not later than 30 days after receiving a sexual assault forensic evidence kit, submit the sexual assault forensic evidence kit to the applicable forensic laboratory responsible for conducting a genetic marker analysis. The provisions of this subsection do not apply to any noninvestigatory sexual assault forensic evidence kit associated with a victim who has chosen to remain anonymous.

      2.  A forensic laboratory shall, not later than 120 days after receiving a sexual assault forensic evidence kit from a law enforcement agency, test the sexual assault forensic evidence kit. Upon completion of a genetic marker analysis, the forensic laboratory shall include the DNA profile obtained from the genetic marker analysis in the State DNA Database and CODIS.

      3.  Each forensic laboratory that receives a sexual assault forensic evidence kit from a law enforcement agency shall, on or before January 31 of each year, submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature, if the Legislature is in session, or to the Legislative Commission, if the Legislature is not in session. If the Legislature is in session, the Director shall ensure that each member of the Assembly and Senate Standing Committees on Judiciary receives a copy of the report. The report must contain:

      (a) With regard to any sexual assault forensic evidence kit received by the forensic laboratory before January 1, 2015:

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2886 (Chapter 431, AB 97)ê

 

             (1) The total number of such sexual assault forensic evidence kits tested during the immediately preceding calendar year; and

             (2) The total number of such sexual assault forensic evidence kits that have not been tested.

      (b) With regard to any sexual assault forensic evidence kit received by the forensic laboratory on or after January 1, 2015:

             (1) The total number of such sexual assault forensic evidence kits tested during the immediately preceding calendar year and, for each such sexual assault forensic evidence kit, the date on which:

                   (I) The forensic evidence was obtained from a forensic medical examination;

                   (II) The sexual assault forensic evidence kit was submitted to the forensic laboratory; and

                   (III) The DNA profile obtained from the genetic marker analysis was included in the State DNA Database and CODIS.

             (2) The total number of such sexual assault forensic evidence kits that have not been tested and, for each such sexual assault forensic evidence kit, the date on which:

                   (I) The forensic evidence was obtained from a forensic medical examination; and

                   (II) The sexual assault forensic evidence kit was submitted to the forensic laboratory.

      4.  As used in this section:

      (a) “CODIS” has the meaning ascribed to it in NRS 176.09113.

      (b) “State DNA Database” has the meaning ascribed to it in NRS 176.09119.

      Sec. 1.7. 1.  A statewide program to track sexual assault forensic evidence kits must be established in this State. The Attorney General shall, pursuant to the recommendation of the Sexual Assault Kit Working Group, designate a department or division of the Executive Department of State Government to establish the program. The designated department or division may contract with any appropriate public or private agency, organization or institution to carry out the provisions of this section.

      2.  The program to track sexual assault forensic evidence kits must:

      (a) Track the location and status of sexual assault forensic evidence kits, including, without limitation, the initial forensic medical examination, receipt by a law enforcement agency and receipt and genetic marker analysis at a forensic laboratory.

      (b) Allow providers of health care who perform forensic medical examinations, law enforcement agencies, prosecutors, forensic laboratories and any other entities having sexual assault forensic evidence kits in their custody to track the status and location of sexual assault forensic evidence kits.

      (c) Allow a victim of sexual assault to anonymously track or receive updates regarding the status and location of his or her sexual assault forensic evidence kit.

      3.  The department or division designated pursuant to subsection 1 shall, on or before January 1 and July 1 of each year, submit to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Subcommittee to Review DNA of the Advisory Commission on the Administration of Justice and post on the Internet website maintained by the department or division a report concerning the statewide program to track sexual assault forensic evidence kits.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2887 (Chapter 431, AB 97)ê

 

website maintained by the department or division a report concerning the statewide program to track sexual assault forensic evidence kits. The report must include:

      (a) The number of sexual assault forensic evidence kits in the program in each county.

      (b) The number of sexual assault forensic evidence kits for which genetic marker analysis has been completed for each county for the last 6 months.

      (c) The number of sexual assault forensic evidence kits added to the program in each county during the last 6 months.

      (d) The number of sexual assault forensic evidence kits for which genetic marker analysis has been requested but not completed for each county.

      (e) For this State as a whole and each county, the average and median time between a forensic medical examination and receipt of a sexual assault forensic evidence kit by a forensic laboratory for genetic marker analysis, overall and for the last 6 months.

      (f) For this State as a whole and each county, the average and median time between receipt of a sexual assault forensic evidence kit by a forensic laboratory and genetic marker analysis, overall and for the last 6 months.

      (g) The number of sexual assault forensic evidence kits in each county awaiting genetic marker analysis for more than 1 year and 6 months after forensic medical examination.

      4.  Each law enforcement agency, prosecutor, forensic laboratory and provider of health care who performs forensic medical examinations in this State shall participate in the statewide program to track sexual assault forensic evidence kits for the purpose of tracking the status of any sexual assault forensic evidence kits in the custody of the agency, prosecutor, laboratory or provider, or a third party under contract with such agency, prosecutor, laboratory or provider.

      5.  Any agency or person who acts pursuant to this section in good faith and without gross negligence is immune from civil liability for those acts.

      6.  The department or division designated pursuant to subsection 1 may apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of this section.

      7.  As used in this section, “Sexual Assault Kit Working Group” means the statewide working group led by the Office of the Attorney General to create policies and procedures to address the backlog of sexual assault forensic evidence kits that have not been tested.

      Sec. 2. NRS 200.364 is hereby amended to read as follows:

      200.364  As used in NRS 200.364 to 200.3784, inclusive, and section 1.3 of this act, unless the context otherwise requires:

      1.  “Forensic laboratory” has the meaning ascribed to it in NRS 176.09117.

      2.  “Forensic medical examination” has the meaning ascribed to it in NRS 217.300.

      3.  “Genetic marker analysis” has the meaning ascribed to it in NRS 176.09118.

      4.  “Offense involving a pupil” means any of the following offenses:

      (a) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2888 (Chapter 431, AB 97)ê

 

      (b) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.

      [2.]5.  “Perpetrator” means a person who commits a sexual offense, an offense involving a pupil or sex trafficking.

      [3.]6.  “Sex trafficking” means a violation of subsection 2 of NRS 201.300.

      [4.]7.  “Sexual assault forensic evidence kit” means the forensic evidence obtained from a forensic medical examination.

      8.  “Sexual offense” means any of the following offenses:

      (a) Sexual assault pursuant to NRS 200.366.

      (b) Statutory sexual seduction pursuant to NRS 200.368.

      [5.]9.  “Sexual penetration” means cunnilingus, fellatio, or any intrusion, however slight, of any part of a person’s body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including sexual intercourse in its ordinary meaning. The term does not include any such conduct for medical purposes.

      [6.]10.  “Statutory sexual seduction” means ordinary sexual intercourse, anal intercourse or sexual penetration committed by a person 18 years of age or older with a person who is 14 or 15 years of age and who is at least 4 years younger than the perpetrator.

      [7.]11.  “Victim” means a person who is a victim of a sexual offense, an offense involving a pupil or sex trafficking.

      12.  “Victim of sexual assault” has the meaning ascribed to it in NRS 217.280.

      Sec. 2.5. NRS 200.364 is hereby amended to read as follows:

      200.364  As used in NRS 200.364 to 200.3784, inclusive, and [section] sections 1.3 and 1.7 of this act, unless the context otherwise requires:

      1.  “Forensic laboratory” has the meaning ascribed to it in NRS 176.09117.

      2.  “Forensic medical examination” has the meaning ascribed to it in NRS 217.300.

      3.  “Genetic marker analysis” has the meaning ascribed to it in NRS 176.09118.

      4.  “Offense involving a pupil” means any of the following offenses:

      (a) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.

      (b) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.

      5.  “Perpetrator” means a person who commits a sexual offense, an offense involving a pupil or sex trafficking.

      6.  “Sex trafficking” means a violation of subsection 2 of NRS 201.300.

      7.  “Sexual assault forensic evidence kit” means the forensic evidence obtained from a forensic medical examination.

      8.  “Sexual offense” means any of the following offenses:

      (a) Sexual assault pursuant to NRS 200.366.

      (b) Statutory sexual seduction pursuant to NRS 200.368.

      9.  “Sexual penetration” means cunnilingus, fellatio, or any intrusion, however slight, of any part of a person’s body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including sexual intercourse in its ordinary meaning. The term does not include any such conduct for medical purposes.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2889 (Chapter 431, AB 97)ê

 

      10.  “Statutory sexual seduction” means ordinary sexual intercourse, anal intercourse or sexual penetration committed by a person 18 years of age or older with a person who is 14 or 15 years of age and who is at least 4 years younger than the perpetrator.

      11.  “Victim” means a person who is a victim of a sexual offense, an offense involving a pupil or sex trafficking.

      12.  “Victim of sexual assault” has the meaning ascribed to it in NRS 217.280.

      Sec. 3. (Deleted by amendment.)

      Sec. 3.1. NRS 176.01246 is hereby amended to read as follows:

      176.01246  1.  There is hereby created the Subcommittee to Review [Arrestee] DNA of the Commission.

      2.  The Chair of the Commission shall appoint the members of the Subcommittee which must include, without limitation:

      (a) A member experienced in defending criminal actions.

      (b) A member of a minority community organization whose mission includes the protection of civil rights for minorities.

      3.  The Chair of the Commission shall designate one of the members of the Subcommittee as Chair of the Subcommittee.

      4.  The Subcommittee shall meet at the times and places specified by a call of the Chair. A majority of the members of the Subcommittee constitutes a quorum, and a quorum may exercise any power or authority conferred on the Subcommittee.

      5.  The Subcommittee shall consider issues relating to DNA [of arrested persons] and shall evaluate, review and submit a report to the Commission with recommendations concerning such issues. The issues considered by the Subcommittee and the report submitted by the Subcommittee must include, without limitation:

      (a) The costs and procedures relating to the methods, implementation and utilization of the provisions for the destruction of biological specimens and purging of DNA profiles and DNA records of arrested persons; [and]

      (b) The collection and review of information concerning the number of requests for the destruction of biological specimens and purging of DNA profiles and DNA records of arrested persons and the number and percentage of such requests that are denied [.] ; and

      (c) The submittal, storage and testing of sexual assault forensic evidence kits, including, without limitation, the review of any report required pursuant to section 1.7 of this act.

      6.  Any Legislators who are members of the Subcommittee are entitled to receive the salary provided for a majority of the members of the Legislature during the first 60 days of the preceding session for each day’s attendance at a meeting of the Subcommittee.

      7.  While engaged in the business of the Subcommittee, to the extent of legislative appropriation, each member of the Subcommittee is entitled to receive the per diem allowance and travel expenses as provided for state officers and employees generally.

      8.  As used in this section:

      (a) “Biological specimen” has the meaning ascribed to it in NRS 176.09112.

      (b) “DNA” has the meaning ascribed to it in NRS 176.09114.

      (c) “DNA profile” has the meaning ascribed to it in NRS 176.09115.

      (d) “DNA record” has the meaning ascribed to it in NRS 176.09116.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2890 (Chapter 431, AB 97)ê

 

      (e) “Sexual assault forensic evidence kit” has the meaning ascribed to it in NRS 200.364.

      Sec. 3.3.NRS 217.160 is hereby amended to read as follows:

      217.160  1.  The compensation officer may order the payment of compensation:

      (a) To or for the benefit of the victim.

      (b) If the victim has suffered personal injury, to any person responsible for the maintenance of the victim who has suffered pecuniary loss or incurred expenses as a result of the injury.

      (c) If the victim dies, to or for the benefit of any one or more of the dependents of the victim.

      (d) To a minor who is a member of the household or immediate family of a victim of a battery which constitutes domestic violence pursuant to NRS 33.018 who needs an assessment, a psychological evaluation or psychological counseling for emotional trauma suffered by the minor as a result of the battery.

      (e) To a member of the victim’s household or immediate family for psychological counseling for emotional trauma suffered by the member as a result of the crime of murder as defined in NRS 200.010.

      (f) To a county in whose jurisdiction a sexual assault was committed for the reimbursement of costs associated with a forensic medical examination of a victim of sexual assault that are paid by the county pursuant to NRS 217.300. A county may be reimbursed pursuant to this paragraph in an amount equal to the cost of 10 forensic medical examinations or $10,000, whichever is less, each fiscal year.

      2.  As used in this section:

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

      (b) “Forensic medical examination” has the meaning ascribed to it in NRS 217.300.

      (c) “Household” means an association of persons who live in the same home or dwelling and who:

             (1) Have significant personal ties to the victim; or

             (2) Are related by blood, adoption or marriage, within the first degree of consanguinity or affinity.

      [(c)](d) “Immediate family” means persons who are related by blood, adoption or marriage, within the first degree of consanguinity or affinity.

      (e) “Victim of sexual assault” has the meaning ascribed to it in NRS 217.280.

      Sec. 3.7.  There is hereby appropriated from the State General Fund to the Office of the Attorney General the sum of $3,000,000 to be allocated pursuant to an interlocal agreement to a public entity for the purpose of making payments to forensic laboratories to reduce the backlog of sexual assault forensic evidence kits that have not been tested.

      Sec. 4.  1.  The amendatory provisions of:

      (a) Subsections 1 and 2 of section 1.3 of this act apply to any sexual assault forensic evidence kit received by a forensic laboratory from a law enforcement agency on or after October 1, 2017.

      (b) Section 3.3 of this act apply to costs associated with a forensic medical examination of a victim of sexual assault that are paid by a county on or after October 1, 2017.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2891 (Chapter 431, AB 97)ê

 

      2.  Each forensic laboratory shall, on or before January 31, 2018, submit its first report to the Legislative Commission.

      3.  As used in this section:

      (a) “Forensic laboratory” has the meaning ascribed to it in NRS 176.09117.

      (b) “Forensic medical examination” has the meaning ascribed to it in NRS 217.300.

      (c) “Sexual assault forensic evidence kit” has the meaning ascribed to it in NRS 200.364, as amended by section 2 of this act.

      (d) “Victim of sexual assault” has the meaning ascribed to it in NRS 217.280.

      Sec. 4.5.  The department or division designated by the Attorney General pursuant to section 1.7 of this act to establish a statewide program to track sexual assault forensic evidence kits shall, on or before July 1, 2021, submit to the Governor and the Subcommittee to Review DNA of the Advisory Commission on the Administration of Justice created by NRS 176.01246, as amended by section 3.1 of this act, a report concerning the status of the program and a plan for launching the program, including a plan for phased implementation.

      Sec. 5.  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. 6.  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. 7.  (Deleted by amendment.)

      Sec. 8.  1.  This section and sections 1, 1.3, 2, 3.3 to 4, inclusive, 5 and 6 of this act become effective on October 1, 2017.

      2.  Sections 1.7, 2.5, 3.1 and 4.5 of this bill become effective on January 1, 2021.

________

CHAPTER 432, AB 388

Assembly Bill No. 388–Assemblywoman Benitez-Thompson

 

CHAPTER 432

 

[Approved: June 8, 2017]

 

AN ACT making an appropriation to the Division of Public and Behavioral Health of the Department of Health and Human Services for the cost of the Women’s Health Connection Program; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Division of Public and Behavioral Health of the Department of Health and Human Services for the cost of the Women’s Health Connection Program:

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2892 (Chapter 432, AB 388)ê

 

For the Fiscal Year 2017-2018.................................................... $500,000

For the Fiscal Year 2018-2019.................................................... $500,000

      2.  The sums appropriated by subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

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

________

CHAPTER 433, AB 397

Assembly Bill No. 397–Assemblymen Frierson, Carlton and Carrillo

 

CHAPTER 433

 

[Approved: June 8, 2017]

 

AN ACT making an appropriation to the Division of Public and Behavioral Health of the Department of Health and Human Services to provide grants of money to local governmental entities and nonprofit organizations for certain family planning services; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Division of Public and Behavioral Health of the Department of Health and Human Services the following sums:

For the Fiscal Year 2017-2018.................................................... $500,000

For the Fiscal Year 2018-2019.................................................... $500,000

      2.  The Administrator of the Division of Public and Behavioral Health shall use the money appropriated by subsection 1 to award grants of money to local governmental entities and nonprofit organizations to provide family planning services to persons who would otherwise have difficulty obtaining such services because of poverty, lack of insurance or transportation or any other reason.

 

 

 

 

 

 

 

 

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2893 (Chapter 433, AB 397)ê

 

      3.  As used in this section, “family planning services” means:

      (a) Counseling by trained personnel concerning family planning.

      (b) Distributing information concerning family planning.

      (c) Referring persons to appropriate agencies, organizations and providers of health care for consultation, examination, treatment, genetic counseling and prescriptions for the purpose of family planning.

      (d) Distributing or providing the following methods of contraception approved by the United States Food and Drug Administration:

             (1) Voluntary sterilization for women;

             (2) Surgical sterilization implants for women;

             (3) Implantable rod;

             (4) Copper-based intrauterine device;

             (5) Progesterone-based intrauterine device;

             (6) Injection;

             (7) Combined estrogen- and progestin-based drugs;

             (8) Progestin-based drugs;

             (9) Extended- or continuous-regimen drugs;

             (10) Estrogen- and progestin-based patches;

             (11) Vaginal contraceptive ring;

             (12) Diaphragm with spermicide;

             (13) Sponge with spermicide;

             (14) Cervical cap with spermicide;

             (15) Female condom;

             (16) Spermicide;

             (17) Combined estrogen- and progestin-based drugs for emergency contraception or progestin-based drugs for emergency contraception; and

             (18) Ulipristal acetate for emergency contraception.

      (e) Providing or referring persons for preconception health services and assistance to achieve pregnancy.

      (f) Providing or referring persons for testing for and treatment of sexually transmitted infections or diseases.

      Sec. 2.  The sums appropriated by section 1 of this act are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

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

________

 

 

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2894ê

 

CHAPTER 434, AB 423

Assembly Bill No. 423–Assemblywomen Miller and Carlton

 

Joint Sponsors: Senators Cannizzaro, Farley, Ford, Harris, Ratti, Segerblom and Woodhouse

 

CHAPTER 434

 

[Approved: June 8, 2017]

 

AN ACT relating to gender equality; requiring the Secretary of State to conduct a survey of certain businesses to collect data and information related to issues of gender equality in the workplace; requiring the Secretary of State to make certain information relating to the survey available on the Internet and to submit an annual report regarding the survey to the Governor and the Director of the Legislative Counsel Bureau; requiring the Nevada Commission for Women to assist the Secretary of State in developing the survey; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 3.4 of this bill requires the Secretary of State to design and conduct a survey of certain businesses which are applying for or renewing a state business license in this State to collect data and information related to issues of gender equality in the workplace. Section 3.4 provides that a response to the survey is voluntary but requires that if responses are provided, the survey be signed under the penalty of perjury. Section 3.6 of this bill requires the Secretary of State to make available on the Internet website of the Office of the Secretary of State: (1) the responses to the survey; and (2) aggregate data relating to the survey. Section 3.6 also requires the Secretary of State to submit an annual report on the survey to the Governor and the Director of the Legislative Counsel Bureau.

      Section 4.5 of this bill requires the Nevada Commission for Women to assist the Secretary of State in developing the survey.

 

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 75A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 3.8, inclusive, of this act.

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

      Sec. 3.2. As used in sections 3.2 to 3.8, inclusive, of this act, “business” has the meaning ascribed to it in NRS 76.020.

      Sec. 3.4. 1.  The Secretary of State shall design and conduct an annual survey of businesses in this State for the purpose of collecting data and information related to issues of gender equality in the workplace.

      2.  The Secretary of State shall work in consultation with the Nevada Commission for Women created by NRS 233I.020 regarding the content of the survey.

      3.  The Secretary of State shall cause the survey to be offered through the state business portal to each business with operations and employees in this State at the time the business submits to the Secretary of State an online application for a state business license pursuant to NRS 76.100 or an online renewal of a state business license pursuant to NRS 76.130.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2895 (Chapter 434, AB 423)ê

 

online application for a state business license pursuant to NRS 76.100 or an online renewal of a state business license pursuant to NRS 76.130.

      4.  A business is not required to respond to the survey, and neither the Secretary of State nor the Nevada Commission for Women may penalize or otherwise take any adverse action against a business that does not respond to the survey.

      5.  If a business responds to the survey, the response must be signed under penalty of perjury by, as applicable:

      (a) The owner of a business that is owned by a natural person;

      (b) A member or partner of an association or partnership;

      (c) A general partner of a limited partnership;

      (d) A managing partner of a limited-liability partnership;

      (e) A manager or managing member of a limited-liability company; or

      (f) An officer of a corporation.

      Sec. 3.6. 1.  The Secretary of State shall make available on the Internet website of the Office of the Secretary of State:

      (a) The responses to the survey conducted pursuant to section 3.4 of this act in such a manner that the responses may be searched electronically by the name of the business that submitted the response; and

      (b) Aggregate data relating to the survey conducted pursuant to section 3.4 of this act.

      2.  The Secretary of State shall annually compile the responses to the survey received during the immediately preceding year into a report and submit the report to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature, or if the Legislature is not in session, to the Legislative Commission.

      Sec. 3.8. The Secretary of State may adopt such regulations as he or she determines to be necessary or advisable to carry out the provisions of sections 3.4 and 3.6 of this act.

      Sec. 4. (Deleted by amendment.)

      Sec. 4.5. NRS 233I.060 is hereby amended to read as follows:

      233I.060  1.  The Commission shall study the changing and developing roles of women in society, including the recognition of socioeconomic factors that influence the status of women, and recommend proposed legislation.

      2.  The Commission may collect and disseminate information on activities, programs and essential services available to women in Nevada.

      3.  The Commission shall assist the Secretary of State in developing the survey of businesses in this State described in section 3.4 of this act.

      Sec. 5. NRS 233I.080 is hereby amended to read as follows:

      233I.080  1.  The Director of the Department of Administration shall provide staff assistance to the Commission in carrying out the duties and responsibilities of the Commission, as the Governor deems appropriate.

      2.  The Commission may engage the services of volunteer workers and consultants without salary as is necessary from time to time.

      Sec. 5.5. 1.  There is hereby appropriated from the State General Fund to the Department of Administration for the costs of employing a Management Analyst to assist the Nevada Commission for Women pursuant to NRS 233I.080, as amended by section 5 of this act the following sums:

For the Fiscal Year 2017-2018...................................................... $71,306

For the Fiscal Year 2018-2019...................................................... $87,828

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2896 (Chapter 434, AB 423)ê

 

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 21, 2018, and September 20, 2019, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 21, 2018, and September 20, 2019, respectively.

      Sec. 6.  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. 6.5.  The Secretary of State shall design and begin conducting the initial survey required by section 3.4 of this act before January 1, 2018.

      Sec. 7.  This act becomes effective on July 1, 2017, and expires by limitation on December 31, 2022.

________

CHAPTER 435, AB 434

Assembly Bill No. 434–Assemblymen Frierson, Araujo and Benitez-Thompson

 

CHAPTER 435

 

[Approved: June 8, 2017]

 

AN ACT making appropriations to the Department of Education for incentives for hiring new teachers to teach at Title I schools and schools designated as underperforming and incentives for certain teachers who transfer to teach at those schools; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Department of Education to provide incentives for the hiring of new teachers to teach at Title I schools or schools that are designated as underperforming pursuant to the statewide system of accountability for public schools, the sum of $2,500,000.

      2.  There is hereby appropriated from the State General Fund to the Department of Education to provide incentives for teachers who are currently employed to teach at a public school in Nevada that is not a Title I school or a school designated as underperforming pursuant to the statewide system of accountability for public schools and who transfer to teach at a Title I school or a school with that designation, the sum of $2,500,000.

      3.  The State Board of Education shall adopt regulations as necessary to carry out the provisions of this section.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2897 (Chapter 435, AB 434)ê

 

      4.  As used in this section, “Title I school” has the meaning ascribed to it in NRS 385A.040.

      Sec. 2.  Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

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

________

CHAPTER 436, AB 493

Assembly Bill No. 493–Committee on Ways and Means

 

CHAPTER 436

 

[Approved: June 8, 2017]

 

AN ACT making a supplemental appropriation to the Department of Corrections for a projected shortfall related to outside medical expenditures, contract temporary professional services and personnel expenditures; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $5,952,535 for expenditure pursuant to subsection 2. This appropriation is supplemental to that made by section 23 of chapter 534, Statutes of Nevada 2015, at page 3674.

      2.  The money appropriated by subsection 1 must be allocated as follows:

      (a) For a projected shortfall for outside medical expenditures, $5,067,144;

      (b) For contract temporary professional services, $321,239; and

      (c) For personnel expenditures and revenue shortfalls at Florence McClure Women’s Correctional Center, $564,152.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2898ê

 

CHAPTER 437, AB 497

Assembly Bill No. 497–Committee on Ways and Means

 

CHAPTER 437

 

[Approved: June 8, 2017]

 

AN ACT making a supplemental appropriation to the Division of Administrative Services of the Department of Motor Vehicles for a projected shortfall related to credit card processing fees; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State Highway Fund to the Division of Administrative Services of the Department of Motor Vehicles the sum of $734,147 for a projected shortfall related to credit card processing fees. This appropriation is supplemental to that made by section 33 of chapter 534, Statutes of Nevada 2015, at page 3677.

      Sec. 2.  This act becomes effective upon passage and approval.

________

CHAPTER 438, AB 498

Assembly Bill No. 498–Committee on Ways and Means

 

CHAPTER 438

 

[Approved: June 8, 2017]

 

AN ACT making an appropriation to the Division of Emergency Management of the Department of Public Safety for a joint field office to work with the Federal Emergency Management Agency on certain flood reimbursements; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Division of Emergency Management of the Department of Public Safety the sum of $351,938 to set up a joint field office to work with the Federal Emergency Management Agency on flood reimbursements related to the 2017 floods.

 

 

 

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2899 (Chapter 438, AB 498)ê

 

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 3.  This act becomes effective upon passage and approval.

________

CHAPTER 439, AB 499

Assembly Bill No. 499–Committee on Ways and Means

 

CHAPTER 439

 

[Approved: June 8, 2017]

 

AN ACT making appropriations to restore the balances in the Stale Claims Account, Reserve for Statutory Contingency Account and Contingency Account; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to restore the balance in the Stale Claims Account created by NRS 353.097 the sum of $500,000.

      2.  There is hereby appropriated from the State General Fund to restore the balance in the Reserve for Statutory Contingency Account created by NRS 353.264 the sum of $2,000,000.

      3.  There is hereby appropriated from the State General Fund to restore the balance in the Contingency Account created by NRS 353.266 the sum of $7,000,000.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2900ê

 

CHAPTER 440, AB 500

Assembly Bill No. 500–Committee on Ways and Means

 

CHAPTER 440

 

[Approved: June 8, 2017]

 

AN ACT making an appropriation to the Account for the Governor’s Portrait for the preparation and framing of a portrait of Governor Brian Sandoval; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Account for the Governor’s Portrait created by NRS 223.121 the sum of $25,000 for the preparation and framing of a portrait of Governor Brian Sandoval.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 

 

 

 

 

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2901ê

 

CHAPTER 441, AB 501

Assembly Bill No. 501–Committee on Ways and Means

 

CHAPTER 441

 

[Approved: June 8, 2017]

 

AN ACT making an appropriation to the Legislative Fund for dues and registration costs for national organizations and for computer hardware and radio replacements; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218A.150 the sum of $1,058,788 for dues and registration costs for national organizations and for computer hardware and radio replacements.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 

 

 

 

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2902ê

 

CHAPTER 442, AB 502

Assembly Bill No. 502–Committee on Ways and Means

 

CHAPTER 442

 

[Approved: June 8, 2017]

 

AN ACT making an appropriation to the Account for Pensions for Silicosis, Diseases Related to Asbestos and Other Disabilities; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Account for Pensions for Silicosis, Diseases Related to Asbestos and Other Disabilities created by NRS 617.1675 the sum of $80,000.

      Sec. 2. (Deleted by amendment.)

      Sec. 3.  This act becomes effective upon passage and approval.

________

CHAPTER 443, AB 503

Assembly Bill No. 503–Committee on Ways and Means

 

CHAPTER 443

 

[Approved: June 8, 2017]

 

AN ACT making an appropriation to the Office of the Secretary of State for the second phase of the replacement of the Electronic Secretary of State System (ESOS) software and hardware; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Office of the Secretary of State the sum of $6,334,319 for the second phase of the replacement of the Electronic Secretary of State System (ESOS) software and hardware.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2903 (Chapter 443, AB 503)ê

 

was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 3.  This act becomes effective upon passage and approval.

________

CHAPTER 444, AB 504

Assembly Bill No. 504–Committee on Ways and Means

 

CHAPTER 444

 

[Approved: June 8, 2017]

 

AN ACT making appropriations to the Office of Finance and the Interim Finance Committee to replace the existing financial and human resource management information technology system and requiring that certain related costs be included in the statewide cost allocation plan; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated to the Office of Finance in the Office of the Governor:

      (a) From the State General Fund the sum of $486,000; and

      (b) From the State Highway Fund the sum of $114,000,

Ê for the development of a project plan and request for proposals and the evaluation of such proposals to replace the existing financial and human resource management information technology system.

      2.  Money appropriated to the Office of Finance pursuant to subsection 1 are available for both Fiscal Year 2017-2018 and 2018-2019, and may be transferred from 1 fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 1.5.  1.  There is hereby appropriated to the Interim Finance Committee:

      (a) From the State General Fund the sum of $11,664,000; and

      (b) From the State Highway Fund the sum of $2,736,000.

      2.  Money appropriated to the Interim Finance Committee pursuant to subsection 1 are available for both Fiscal Year 2017-2018 and 2018-2019, and may be allocated to the Office of Finance in the Office of the Governor to replace the existing financial and human resource management information technology system upon presentation to the Interim Finance Committee of a project plan and an itemization of related costs.

      Sec. 2.  Any remaining balance of the appropriations made by sections 1 and 1.5 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund from which it was appropriated on or before September 20, 2019.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2904 (Chapter 444, AB 504)ê

 

subsequently granted or transferred, and must be reverted to the fund from which it was appropriated on or before September 20, 2019.

      Sec. 2.5.  Commencing in Fiscal Year 2019-2020, the portion of the actual costs associated with replacing the existing financial and human resource management information technology system derived from the State General Fund pursuant to sections 1 and 1.5 of this act must be included in the statewide cost allocation plan prepared pursuant to NRS 353.331.

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

________

CHAPTER 445, AB 511

Assembly Bill No. 511–Committee on Ways and Means

 

CHAPTER 445

 

[Approved: June 8, 2017]

 

AN ACT making an appropriation to the Millennium Scholarship Trust Fund; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Millennium Scholarship Trust Fund created by NRS 396.926 the sum of $20,000,000.

      Sec. 2.  This act becomes effective upon passage and approval.

________

CHAPTER 446, AB 512

Assembly Bill No. 512–Committee on Ways and Means

 

CHAPTER 446

 

[Approved: June 8, 2017]

 

AN ACT relating to driving under the influence; temporarily extending the prospective expiration of the fee for the provision of specialty court programs; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a court to impose a fee of $100, in addition to any other administrative assessment, penalty or fine imposed, if a person pleads guilty, guilty but mentally ill or nolo contendere to, or is found guilty of, a charge of driving under the influence of intoxicating liquor or a controlled substance that is punishable as a misdemeanor. The money collected for this fee is deposited with the State Controller for credit to a special account in the State General Fund administered by the Office of Court Administrator, and money apportioned to a court from this fee must be used by the court for certain purposes related to specialty court programs. (NRS 484C.515) Under existing law, this fee expires by limitation on June 30, 2017. (Chapter 487, Statutes of Nevada 2015, p. 2955) This bill extends the expiration date of the fee until June 30, 2019.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2905 (Chapter 446, AB 512)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. Section 4 of chapter 373, Statutes of Nevada 2013, as amended by chapter 487, Statutes of Nevada 2015, at page 2955, is hereby amended to read as follows:

       Sec. 4.  This act becomes effective on July 1, 2013, and expires by limitation on June 30, [2017.] 2019.

      Sec. 2.  This act becomes effective upon passage and approval.

________

CHAPTER 447, AB 519

Assembly Bill No. 519–Committee on Ways and Means

 

CHAPTER 447

 

[Approved: June 8, 2017]

 

AN ACT making an appropriation to the Secretary of State to award grants of money to the counties in this State for the purchase of voting machines and certain related costs; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Secretary of State the sum of $8,000,000 for the award of grants of money to the counties in this State for the purchase of voting machines and related costs pursuant to this section.

      2.  From the appropriation made by subsection 1, the Secretary of State shall award grants of money to Clark and Washoe Counties, upon application, for the purchase of voting machines as follows:

      (a) Clark County, not more than $4,500,000.

      (b) Washoe County, not more than $1,700,000.

      3.  From the appropriation made by subsection 1, the Secretary of State shall use not more than $1,800,000 to award grants of money to the counties other than Clark and Washoe Counties, upon application, for the purchase of voting machines.

      4.  A county that receives a grant of money pursuant to subsection 2 or 3 may use not more than $5,000 from the grant for training and not more than $35,000 from the grant for poll books.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2906 (Chapter 447, AB 519)ê

 

was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

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

________

CHAPTER 448, AB 520

Assembly Bill No. 520–Committee on Ways and Means

 

CHAPTER 448

 

[Approved: June 8, 2017]

 

AN ACT making an appropriation to the Nevada State Museum, Las Vegas for the construction of a new playground at the Las Vegas Springs Preserve; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Nevada State Museum, Las Vegas the sum of $500,000 to provide a grant of money to the Springs Preserve Foundation to construct a new playground at the Las Vegas Springs Preserve.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

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

________

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2907 (Chapter 448, AB 520)ê

 

EMERGENCY REQUEST of Assembly Minority Leader

 

CHAPTER 449, AB 521

Assembly Bill No. 521–Assemblymen Paul Anderson, Krasner, Tolles, Edwards, Wheeler; Ellison, Hambrick, Hansen, Kramer, Marchant, McArthur, Oscarson, Pickard, Titus and Woodbury

 

Joint Sponsor: Senator Hammond

 

CHAPTER 449

 

[Approved: June 8, 2017]

 

AN ACT relating to veterans; establishing a program authorizing a member of a veteran’s family to apply to the Director of the Department of Veterans Services for financial assistance for the disinterment of a veteran for relocation to a veterans’ cemetery; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the establishment, operation and maintenance of veterans’ cemeteries in this State and sets forth the requirements for eligibility of a veteran for interment in a veterans’ cemetery and the application process for interment. (NRS 417.200-417.230) This bill establishes a program to provide financial assistance for the disinterment and relocation of a veteran to any veterans’ cemetery. This bill also requires the Director of the Department of Veterans Services to adopt regulations prescribing the application process and the criteria for the award of such financial assistance. Finally, this bill makes an appropriation to fund the program.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 417 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  There is hereby established a program to provide financial assistance to the family of a veteran who is interred in a cemetery that is not a veterans’ cemetery for the disinterment of the veteran and relocation to a veterans’ cemetery.

      2.  The Director and the Deputy Director may apply for and accept gifts, grants and donations or other sources of money for the purpose of carrying out the program established pursuant to subsection 1, which must be deposited in the Account for Veterans Affairs, created by NRS 417.220. The money deposited pursuant to this section must be accounted for separately. The Director shall administer the Account and all claims against the Account must be paid out on claims as other claims against the State are paid upon approval by the Director before they are paid. Money deposited in the Account for Veterans Affairs pursuant to this section must be used only for the purposes authorized by this section and must not be reverted to any other fund, account or use.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2908 (Chapter 449, AB 521)ê

 

      3.  The Director shall adopt regulations prescribing the process for submission of an application by a member of a veteran’s family and the criteria for the award of financial assistance pursuant to the program established by subsection 1.

      Sec. 2.  There is hereby appropriated from the State General Fund to the Director of the Department of Veterans Services the sum of $100,000 for the purpose of providing financial assistance for the disinterment and relocation of a veteran pursuant to the program established by section 1 of this act.

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

________

CHAPTER 450, SB 126

Senate Bill No. 126–Senator Ford

 

CHAPTER 450

 

[Approved: June 8, 2017]

 

AN ACT relating to economic development; requiring the Office of Economic Development to develop and carry out a program to provide loans to small business enterprises, minority-owned business enterprises, women-owned business enterprises and disadvantaged business enterprises; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Nevada Constitution contains a provision commonly known as a “gift clause” which restricts the State, under certain circumstances, from donating or loaning the State’s money or credit to any company, association or corporation, except corporations formed for educational or charitable purposes. (Nev. Const. Art. 8, § 9) The State loans its credit in violation of this constitutional provision only when the State acts as a surety or guarantor for the debts of a company, corporation or association. (Employers Ins. Co. of Nev. v. State Bd. of Exam’rs, 117 Nev. 249, 258 (2001)) The State does not loan its credit in violation of this constitutional provision when the State issues revenue bonds which are not backed or guaranteed by the State’s general credit or taxing powers but are payable solely from revenues derived from the projects or programs financed by the revenue bonds. (State ex rel. Brennan v. Bowman, 89 Nev. 330, 333 (1973))

      Additionally, the State does not donate, loan or “gift” its money in violation of this constitutional provision when the State dispenses state funds for a public purpose and the State receives a valuable benefit or fair consideration in exchange for the dispensation of such funds. (Lawrence v. Clark County, 127 Nev. 390, 405 (2011)) In most cases, the courts generally will give great weight and due deference to the Legislature’s finding that a particular dispensation of state funds serves a public purpose and the State receives a valuable benefit or fair consideration in exchange for the dispensation. (Washoe County Water Conserv. Dist. v. Beemer, 56 Nev. 104, 115 (1935); Cauble v. Beemer, 64 Nev. 77, 82-85 (1947); McLaughlin v. Hous. Auth. of Las Vegas, 68 Nev. 84, 93 (1951); State ex rel. Brennan v. Bowman, 89 Nev. 330, 332-33 (1973); Lawrence v. Clark County, 127 Nev. 390, 406 (2011)) For example, the Nevada Supreme Court has held that legislation which promotes economic development and seeks to create, protect or enhance job opportunities “inures to the public benefit” and serves an important public purpose because it assists in “relieving unemployment and maintaining a stable economy.” (State ex rel. Brennan v. Bowman, 89 Nev. 330, 333 (1973))

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2909 (Chapter 450, SB 126)ê

 

      This bill requires the Office of Economic Development to develop and carry into effect a program under which a business certified as a small business enterprise, minority-owned business enterprise, woman-owned business enterprise or disadvantaged business enterprise may obtain a loan to finance the expansion of its business in this State. Section 2.5 of this bill establishes the Small Business Enterprise Loan Account in the State General Fund as a revolving loan account which must be administered by the Office and used to fund loans to such business enterprises. Section 3 of this bill requires the Office to establish the program and authorizes the Office, in carrying out the program, to: (1) enter into an agreement with a person who operates a program in this State to provide loans to small business enterprises, minority-owned business enterprises, women-owned business enterprises and disadvantaged business enterprises; and (2) make grants of money from the Account to that person which must be used to make loans or participate with private lending institutions in the making of loans to finance the expansion of such business enterprises. Section 3 further requires the Office to develop: (1) the criteria a business must satisfy to be eligible for a loan; and (2) the procedures for applying for a loan, which must include, without limitation, a requirement to submit an application containing certain information about the applicant’s business and the planned use of the loan. Under section 3, the Office, or the person with whom the Office has entered into an agreement to carry out the program, is authorized to approve a loan if the business satisfies certain criteria established by the Office and the loan will enable the business to acquire the capital equipment necessary to enable the business to expand and hire additional employees. Under section 3, if such a loan is approved: (1) the business receiving the loan must enter into a loan agreement with the Office or the person carrying out the program; (2) the loan must be funded from the Small Business Enterprise Loan Account created by section 2.5; and (3) all payments of principal and interest on the loan must be deposited in the Account.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The Legislature hereby finds and declares that:

      (a) Section 9 of Article 8 of the Nevada Constitution contains a provision commonly known as a “gift clause” which restricts the State under certain circumstances from donating or loaning the State’s money or credit to any company, association or corporation, except corporations formed for educational or charitable purposes.

      (b) In Employers Insurance Company of Nevada v. State Board of Examiners, 117 Nev. 249, 258 (2001), the Nevada Supreme Court held that the State loans its credit in violation of Section 9 of Article 8 of the Nevada Constitution only when the State acts as a surety or guarantor for the debts of a company, corporation or association.

      (c) In State ex rel. Brennan v. Bowman, 89 Nev. 330, 333 (1973), the Nevada Supreme Court held that the State does not loan its credit in violation of Section 9 of Article 8 of the Nevada Constitution when the State issues revenue bonds which are not backed or guaranteed by the State’s general credit or taxing powers but are payable solely from revenues derived from the projects or programs financed by the revenue bonds.

      (d) In Lawrence v. Clark County, 127 Nev. 390, 405 (2011), the Nevada Supreme Court held that the State does not donate, loan or “gift” its money in violation of Section 9 of Article 8 of the Nevada Constitution when the State dispenses state funds for a public purpose and the State receives a valuable benefit or fair consideration in exchange for the dispensation of the state funds.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2910 (Chapter 450, SB 126)ê

 

      (e) In McLaughlin v. Housing Authority of the City of Las Vegas, 68 Nev. 84, 93 (1951), and Lawrence v. Clark County, 127 Nev. 390, 399, 406 (2011), the Nevada Supreme Court held that when the Legislature authorizes a state agency to dispense state funds:

             (1) The courts will carefully examine whether the Legislature made an informed and appropriate finding that dispensation of the state funds serves a public purpose and the State receives a valuable benefit or fair consideration in exchange for the dispensation;

             (2) The courts will give great weight and due deference to the Legislature’s finding, and the courts will uphold the Legislature’s finding unless it clearly appears to be erroneous and without reasonable foundation; and

             (3) The courts will closely examine whether the dispensing state agency reviews all facts, figures and necessary information when making the dispensation, and when the state agency has done so, it will not be second-guessed by the courts.

      2.  The Legislature hereby further finds and declares that:

      (a) In State ex rel. Brennan v. Bowman, 89 Nev. 330, 333 (1973), the Nevada Supreme Court held that legislation which promotes economic development and seeks to create, protect or enhance job opportunities “inures to the public benefit” and serves an important public purpose because it assists in “relieving unemployment and maintaining a stable economy.”

      (b) To promote, develop and maintain a stable economy in this State, it is necessary and essential for the State to incentivize the expansion of small business enterprises, minority-owned business enterprises, women-owned business enterprises and disadvantaged business enterprises because in this State:

             (1) Such businesses historically have lacked access to sufficient capital to enable the businesses to make the capital investments necessary to expand and hire additional employees; and

             (2) Such businesses are more likely to employ greater numbers of women, members of racial or ethnic minorities and other residents of this State, including persons who are socially and economically disadvantaged, and therefore relieve unemployment in many segments of the population of this State that traditionally have experienced the highest rates of unemployment and underemployment.

      3.  The Legislature hereby further finds and declares that:

      (a) The purpose of this act is to develop and carry into effect a state program under which small business enterprises, minority-owned business enterprises, women-owned business enterprises and disadvantaged business enterprises located in this State may obtain loans from the program to finance the expansion of such business enterprises.

      (b) The provisions of this act are intended to serve an important public purpose and ensure that the State receives valuable benefits and fair consideration in exchange for each loan from the program because:

             (1) The program requires the dispensing state agency to review all facts, figures and necessary information when making each loan from the program; and

             (2) The loans from the program will diversify and expand the number and types of businesses in this State, will increase employment opportunities for women, members of racial or ethnic minorities and other residents of this State, including persons who are socially and economically disadvantaged, in many segments of the population of this State that traditionally have experienced the highest rates of unemployment and underemployment, and will benefit the overall public health, safety and welfare of the people of this State by relieving unemployment, encouraging economic growth and maintaining a stable economy.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2911 (Chapter 450, SB 126)ê

 

many segments of the population of this State that traditionally have experienced the highest rates of unemployment and underemployment, and will benefit the overall public health, safety and welfare of the people of this State by relieving unemployment, encouraging economic growth and maintaining a stable economy.

      Sec. 2. Chapter 231 of NRS is hereby amended by adding thereto the provisions set forth as sections 2.5, 3 and 4 of this act.

      Sec. 2.5. 1.  The Small Business Enterprise Loan Account is hereby created in the State General Fund as a revolving loan account. The Account must be administered by the Office.

      2.  All interest and income earned on the money in the Account must be credited to the Account.

      3.  The money in the Account does not revert to the State General Fund at the end of any fiscal year and must be carried forward to the next fiscal year.

      4.  Money in the Account must be used by the Office to develop and carry into effect the program developed by the Office pursuant to section 3 of this act.

      5.  Claims against the Account must be paid as other claims against the agency are paid.

      6.  The Office may apply for and accept gifts, grants, bequests and donations from any source for deposit in the Account.

      Sec. 3. 1.  The Office shall develop and carry into effect a program under which a business located in this State that is certified by an agency or entity approved by the Office as a small business enterprise, minority-owned business enterprise, woman-owned business enterprise or disadvantaged business enterprise may obtain a loan of money distributed from the Account to finance the expansion of its business.

      2.  In carrying out the program, the Office may:

      (a) Enter into an agreement with a person who operates a program in this State to provide loans to small business enterprises, minority-owned business enterprises, women-owned business enterprises and disadvantaged business enterprises.

      (b) Make grants of money from the Account to that person, which must be used by that person to make loans or participate with private lending institutions in the making of loans to finance the expansion of a business located in this State that is certified by an agency or entity approved by the Office as a small business enterprise, minority-owned business enterprise, woman-owned business enterprise or disadvantaged business enterprise.

      3.  The Office shall establish the criteria which must be used by the program to determine whether to make a loan to a business described in subsection 1 and the criteria which such a business must meet to qualify for a loan under the program. In establishing such criteria, the Office shall consider, without limitation, whether the making of the loan will assist this State to:

      (a) Diversify and expand the number and types of businesses and industries in this State;

      (b) Encourage economic growth and maintain a stable economy;

      (c) Expand employment opportunities or relieve unemployment or underemployment in any segments of the population of this State that traditionally have experienced the highest rates of unemployment and underemployment; and

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2912 (Chapter 450, SB 126)ê

 

      (d) Encourage the formation and expansion of businesses located in this State that are certified by an agency or entity approved by the Office as a small business enterprise, minority-owned business enterprise, woman-owned business enterprise or disadvantaged business enterprise.

      4.  The Office shall establish procedures for applying for a loan from the program. The procedures must require an applicant to submit an application for a loan that includes, without limitation:

      (a) A statement of the proposed use of the loan;

      (b) A business plan; and

      (c) Such other information as the Office deems necessary to determine whether the making of the loan to the applicant satisfies the criteria established by the Office pursuant to subsection 3 and whether the applicant is qualified for the loan.

      5.  A business located in this State that is certified by an agency or entity approved by the Office as a small business enterprise, minority-owned business enterprise, woman-owned business enterprise or disadvantaged business enterprise may submit an application for a loan to the Office or the person with whom the Office has entered into an agreement to carry out the program.

      6.  The Office, or the person with whom the Office has entered into an agreement to carry out the program, may approve an application for a loan submitted pursuant to subsection 5 if the Office, or the person carrying out the program, finds that:

      (a) The applicant operates a for-profit business in this State and has the capability to continue in operation in this State for a period prescribed by the Office;

      (b) The applicant maintains its principal place of business in this State;

      (c) The applicant is certified by an agency or entity approved by the Office as a small business enterprise, minority-owned business enterprise, woman-owned business enterprise or disadvantaged business enterprise and is in compliance with all applicable licensing and registration requirements in this State;

      (d) The loan will enable the business to acquire the capital equipment necessary to expand in this State and hire additional employees in this State;

      (e) There is adequate assurance that the loan will be repaid; and

      (f) The making of the loan satisfies the criteria established by the Office pursuant to subsection 3.

      7.  If the Office, or a person with whom the Office has entered into an agreement to carry out the program, approves an application for a loan pursuant to this section:

      (a) The Office, or the person carrying out the program, and the applicant must execute a loan agreement that contains such terms as the Office or person deems necessary; and

      (b) The Office, or the person carrying out the program, must fund the loan from the money in the Account.

      8.  The rate of interest on loans made pursuant to the program must be as low as practicable, but sufficient to pay the cost of the program.

      9.  After deducting the costs directly related to administering the program, payments of principal and interest on loans made to a small business enterprise, minority-owned business enterprise, woman-owned business enterprise or disadvantaged business enterprise from money distributed from the Account must be deposited in the State General Fund for credit to the Account.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2913 (Chapter 450, SB 126)ê

 

business enterprise or disadvantaged business enterprise from money distributed from the Account must be deposited in the State General Fund for credit to the Account.

      10.  As used in this section, “Account” means the Small Business Enterprise Loan Account created by section 2.5 of this act.

      Sec. 4.  (Deleted by amendment.)

      Sec. 5.  There is hereby appropriated from the State General Fund to the Small Business Enterprise Loan Account created by section 2.5 of this act the sum of $1,000,000.

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

________

CHAPTER 451, SB 155

Senate Bill No. 155–Senator Farley

 

CHAPTER 451

 

[Approved: June 8, 2017]

 

AN ACT making an appropriation for the implementation and operation of educational leadership training programs; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Department of Education to contract with the Clark County Public Education Foundation, Inc. for the implementation and operation of educational leadership training programs the following sums:

For the Fiscal Year 2017-2018.................................................... $500,000

For the Fiscal Year 2018-2019.................................................... $500,000

      2.  The money appropriated by subsection 1 is contingent upon matching money being provided by the Clark County Public Education Foundation, Inc. or from sources other than the appropriation made by subsection 1. The Department of Education shall not distribute any money from the appropriation made by subsection 1 until the matching money has been committed.

      Sec. 2.  1.  The Clark County Public Education Foundation, Inc. shall work in cooperation with the 17 school districts, other public education foundations in this State and other partners to design and implement educational leadership training programs.

      2.  The Clark County Public Education Foundation, Inc. shall use the money it receives from the appropriation made by section 1 of this act to implement and operate educational leadership training programs, including, without limitation:

      (a) Personnel for the programs;

      (b) Resources necessary to facilitate in-person and virtual instruction;

      (c) Research related to the design and impact of a curriculum;

      (d) Communication with education leaders throughout the State; and

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2914 (Chapter 451, SB 155)ê

 

      (e) Data systems for the reporting of participation and results.

      Sec. 3.  Upon acceptance of the money appropriated by section 1 of this act, the Clark County Public Education Foundation, Inc. agrees to:

      1.  Prepare and transmit a report to the Interim Finance Committee on or before September 21, 2018, that describes each expenditure made from the money appropriated by section 1 of this act from the date on which the money was received by the Clark County Public Education Foundation, Inc. through June 30, 2018;

      2.  Prepare and transmit a final report to the Interim Finance Committee on or before September 20, 2019, that describes each expenditure made from the money appropriated by section 1 of this act from the date on which the money was received by the Clark County Public Education Foundation, Inc. through June 30, 2019; and

      3.  Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Clark County Public Education Foundation, Inc., regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated by section 1 of this act.

      Sec. 4.  Any balance of the sums appropriated by section 1 of this act remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 21, 2018, and September 20, 2019, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 21, 2018, and September 20, 2019, respectively.

      Sec. 5.  This act becomes effective upon passage and approval for the purpose of performing any preparatory administrative tasks necessary to carry out the provisions of this act and on July 1, 2017, for all other purposes.

________

 

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2915ê

 

CHAPTER 452, SB 167

Senate Bill No. 167–Senators Farley, Cannizzaro, Cancela, Woodhouse and Harris

 

Joint Sponsors: Assemblywoman Bustamante Adams

 

CHAPTER 452

 

[Approved: June 8, 2017]

 

AN ACT making an appropriation for the creation and maintenance of school gardens for certain Title I schools; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Assembly Bill No. 337 of the 77th Session of the Nevada Legislature was adopted in order to strongly encourage each school to establish and participate in programs, including a school garden program, in order to promote the consumption of fresh fruits and vegetables by children.

      This bill appropriates money to provide for the creation and maintenance of programs that provide school gardens for Title I schools.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the State Department of Agriculture for the cost of creating and maintaining programs for school gardens that meet the requirements of subsection 2:

For the Fiscal Year 2017-2018.................................................... $410,000

For the Fiscal Year 2018-2019.................................................... $205,000

      2.  Subject to the limitations of subsection 6, the Department shall allocate the money appropriated by subsection 1 to schools which meet the requirements of subsection 3 to provide at the school a program for a school garden which meets the requirements set forth in subsection 4.

      3.  For a school to receive an allocation of money pursuant to subsection 2, the school must be a Title I school as defined in NRS 385A.040.

      4.  For a school to receive an allocation of money to provide a program for a school garden pursuant to subsection 2, the program must:

      (a) Create and maintain a school garden at the school.

      (b) Have a curriculum that:

             (1) Is tailored to pupils of the appropriate grade levels at the school;

             (2) Is written specifically for Nevada and the desert environment of Nevada;

             (3) Complies with the standards of content and performance for a course of study in science adopted by the State Board of Education pursuant to NRS 389.520;

             (4) Uses experiential learning or project-based learning to teach science, technology, engineering, arts and mathematics;

             (5) Is designed with the assistance of teachers and other educational personnel with experience at the appropriate grade levels at the school; and

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2916 (Chapter 452, SB 167)ê

 

             (6) Involves supervised learning experiences for the pupils at the school in a classroom and an outdoor garden.

      (c) Provide the school with assistance from members of the community, including, without limitation, trained educators, local farmers and local chefs.

      (d) Provide pupils with the:

             (1) Ability to operate a farmer’s market to sell the produce from the school garden; and

             (2) Opportunity to have a local chef or employee of a school who works in food services demonstrate how to cook a meal using the produce grown from the school garden.

      (e) Establish garden teams comprised of teachers and, if such persons are available, parents and members of the community. Each garden team shall meet at least once each month.

      (f) Require any local nonprofit or community-based organization which will provide services to implement the program for a school garden to have at least 2 years of experience implementing such a program.

      5.  Money allocated pursuant to subsection 2 may be used by a school to:

      (a) Provide professional development for teachers regarding the:

             (1) Use of a school garden to teach pupils with disabilities;

             (2) Development and implementation of science, technology, engineering, arts and mathematics curricula that incorporate the use of a school garden; and

             (3) Development and implementation of a food safety plan designed to ensure that food grown in a school garden is properly handled and safe to sell and consume;

      (b) Pay for any travel expenses associated with the attendance of a teacher at any training or conference relating to school gardens; and

      (c) Pay for the costs of a conference regarding school gardens held in this State.

      6.  Pursuant to subsection 2, a school may receive an allocation of not more than $10,000 for the Fiscal Year 2017-2018 and not more than $5,000 for the Fiscal Year 2018-2019.

      7.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 21, 2018, and September 20, 2019, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 21, 2018, and September 20, 2019, respectively.

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

________

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2917ê

 

CHAPTER 453, SB 178

Senate Bill No. 178–Senators Denis; and Woodhouse

 

Joint Sponsors: Assemblymen Diaz and Thompson

 

CHAPTER 453

 

[Approved: June 8, 2017]

 

AN ACT relating to education; replacing the term “limited English proficient” with the term “English learner” for consistency with federal law; creating the Account for the New Nevada Education Funding Plan; providing for the distribution of money from the Account for the support of certain pupils who perform below a designated level of proficiency and are English learners or eligible for a free or reduced-price lunch; prescribing the purposes for which such money may be used; requiring the collection and reporting of certain information relating to the use of such money; requiring the Department of Education to contract with an independent consultant to research issues relating to certain categories of pupils; making appropriations; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under the Federal Every Student Succeeds Act, which reauthorized the Elementary and Secondary Education Act of 1965, the term “limited English proficient” was replaced with “English learner.” (20 U.S.C. § 7801(20)) Section 1 of this bill makes conforming changes to existing law to replace the term “limited English proficient” with “English learner.” (NRS 385.007)

      Existing law declares that “the proper objective of state financial aid to public education is to ensure each Nevada child a reasonably equal educational opportunity.” (NRS 387.121) To accomplish this objective, the Legislature establishes, during each legislative session and for each school year of the biennium, an estimated statewide average basic support guarantee per pupil. (NRS 387.122) This is the per pupil amount that is “guaranteed” on a statewide basis through a combination of state money and certain local revenues. The basic support guarantee for each school district is computed by multiplying the basic support guarantee per pupil that is established by law for the school district for each school year by pupil enrollment. (NRS 387.121-387.1223)

      Commencing with Fiscal Year 2016-2017, the Legislature stated its intent to provide school districts and charter schools with additional resources expressed as a multiplier of the basic support guarantee, to meet the unique needs of certain categories of pupils, including pupils with disabilities, pupils who are English learners, pupils who are at risk and gifted and talented pupils. These additional resources are expressed as a multiplier of the basic support guarantee per pupil. (NRS 387.121, 388.429)

      Sections 7-11 of this bill provide school districts and charter schools with additional resources on a per pupil basis. Specifically, section 7 of this bill creates the Account for the New Nevada Education Funding Plan and requires the money in the Account to be used for public schools and public education in the manner set forth in sections 7-11. Section 8 of this bill distributes the money in the Account to public schools for the support of pupils enrolled in each public school who: (1) are English learners or eligible for a free or reduced-price lunch; (2) scored at or below the 25th percentile on certain assessments of proficiency; (3) are not enrolled at a Zoom school or Victory school; and (4) do not have an individualized education program. If an insufficient amount of money exists in the Account to provide $1,200 for each such pupil in each public school in this State, section 8 requires money to be distributed first to the lowest performing public schools.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2918 (Chapter 453, SB 178)ê

 

      Section 9 of this bill prescribes the services for which money received from the Account may be used. To the extent that a use of money from the Account by a public school creates the capacity to serve pupils in addition to those for whom the money was provided, section 9 authorizes a public school to serve additional pupils who scored at or below the 25th percentile on certain assessments of proficiency. Section 9 requires a public school to consult with the staff of the school district in which the public school is located to coordinate the use of money from the Account to maximize the efficient use of such money. Section 9 also requires a public school to consult with parents and guardians of pupils enrolled in the public school and develop a plan for the use of money from the Account.

      Section 10 of this bill prescribes the assessments of proficiency used to determine whether a pupil qualifies for the distribution of money from the Account. Section 11 of this bill requires the Department of Education to prescribe annual measurable objectives and performance targets for public schools that receive money from the Account and requires each such school to submit a report to the school district in which the public school is located measuring the effectiveness of the public school in providing services using money from the Account. Section 11 also requires the submission of such information to the Department for evaluation by an independent evaluator.

      Section 14 of this bill requires the Department to contract with an independent consultant to perform research relating to certain categories of pupils and the appropriate funding adjustments for such pupils.

      Section 13 of this bill provides an appropriation to the Account for the New Nevada Education Funding Plan for the upcoming biennium and an appropriation to the Department for the costs of the independent consultant selected by the Department pursuant to section 14.

 

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 385.007 is hereby amended to read as follows:

      385.007 As used in this title, unless the context otherwise requires:

      1.  “Achievement charter school” means a public school operated by a charter management organization, as defined in NRS 388B.020, an educational management organization, as defined in NRS 388B.030, or other person pursuant to a contract with the Achievement School District pursuant to NRS 388B.210 and subject to the provisions of chapter 388B of NRS.

      2.  “Department” means the Department of Education.

      3.  “English learner” has the meaning ascribed to it in 20 U.S.C. § 7801(20).

      4.  “Homeschooled child” means a child who receives instruction at home and who is exempt from compulsory attendance pursuant to NRS 392.070, but does not include an opt-in child.

      [4.  “Limited English proficient” has the meaning ascribed to it in 20 U.S.C. § 7801(25).]

      5.  “Opt-in child” means a child for whom an education savings account has been established pursuant to NRS 353B.850, who is not enrolled full-time in a public or private school and who receives all or a portion of his or her instruction from a participating entity, as defined in NRS 353B.750.

      6.  “Public schools” means all kindergartens and elementary schools, junior high schools and middle schools, high schools, charter schools and any other schools, classes and educational programs which receive their support through public taxation and, except for charter schools, whose textbooks and courses of study are under the control of the State Board.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2919 (Chapter 453, SB 178)ê

 

support through public taxation and, except for charter schools, whose textbooks and courses of study are under the control of the State Board.

      7.  “State Board” means the State Board of Education.

      8.  “University school for profoundly gifted pupils” has the meaning ascribed to it in NRS 388C.040.

      Secs. 2-5. (Deleted by amendment.)

      Sec. 6. Chapter 387 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 11, inclusive, of this act.

      Sec. 7. 1.  The Account for the New Nevada Education Funding Plan is hereby created in the State General Fund, to be administered by the Superintendent of Public Instruction. The Superintendent of Public Instruction may accept gifts and grants of money from any source for deposit in the Account. Any money from gifts and grants may be expended in accordance with the terms and conditions of the gift or grant, or in accordance with subsection 2. The interest and income earned on the sum of:

      (a) The money in the Account; and

      (b) Unexpended appropriations made to the Account from the State General Fund,

Ê must be credited to the Account. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      2.  The money in the Account may only be used for public schools and public education pursuant to sections 7 to 11, inclusive, of this act.

      3.  The board of trustees of each school district and the sponsor of each charter school shall establish a special revenue fund and direct that the money the board of trustees or sponsor receives pursuant to section 8 of this act be deposited in the special revenue fund. Money in the special revenue fund must not be commingled with money from other sources. The board of trustees or the sponsor, as applicable, shall disburse money in the special revenue fund to public schools in the school district or sponsored by the sponsor, as applicable, in accordance with section 8 of this act. The money in the special revenue fund:

      (a) Must be used only as provided in section 9 of this act;

      (b) Must not be used to settle or arbitrate disputes between a recognized organization representing employees of the school district or the governing body of the charter school and the school district or governing body, as applicable, to settle any negotiation or to adjust the schedules of salaries and benefits of the employees of a school district or charter school, as applicable; and

      (c) Which remains in the special revenue fund at the end of a fiscal year reverts to the Account for the New Nevada Education Funding Plan.

      Sec. 8. 1.  On or before July 1 of each year, the Department shall, using the final count of pupils from the previous school year, determine the number of pupils in each public school who:

      (a) Are English learners or are eligible for a free or reduced-price lunch pursuant to 42 U.S.C. §§ 1751 et seq.;

      (b) Scored at or below the 25th percentile on an assessment of proficiency described in paragraphs (a) to (e), inclusive, of subsection 1 of section 10 of this act or, for a grade level for which such an assessment does not exist or does not provide sufficient information to identify all such pupils, are projected to be at or below the 25th percentile for proficiency by the Department pursuant to subsection 2 of section 10 of this act;

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2920 (Chapter 453, SB 178)ê

 

pupils, are projected to be at or below the 25th percentile for proficiency by the Department pursuant to subsection 2 of section 10 of this act;

      (c) Are not enrolled at a Zoom school or Victory school; and

      (d) Do not have an individualized education program.

      2.  On or before July 1 of each year, the Department shall determine, beginning with the category of all public schools that received the lowest rating possible indicating underperformance of a public school, as determined by the Department pursuant to the statewide system of accountability for public schools, and proceeding through each category of all public schools that received the immediately higher rating until not all public schools within a category could be funded, each category of public schools for which the Department could provide a per pupil allocation of $1,200 from the Account for the New Nevada Education Funding Plan created by section 7 of this act for the upcoming school year for each pupil identified in subsection 1 who is enrolled at each public school in the category.

      3.  If the Department determines that one or more categories of public schools could not be fully funded pursuant to subsection 2, the Department shall rank each public school within the lowest category of public schools that could not be fully funded pursuant to subsection 2 by the highest number of pupils identified in subsection 1 who are enrolled at each such public school.

      4.  On or before July 15 of each year, the Department shall transfer money from the Account for the New Nevada Education Funding Plan to the board of trustees of each school district and each sponsor of a charter school on a per pupil basis as follows:

      (a) First, for each public school within a category identified in subsection 2 as capable of being fully funded which is located in the school district or sponsored by the sponsor, as applicable, an amount of $1,200 per pupil identified in subsection 1 who is enrolled at the public school; and

      (b) Second, beginning with the highest ranked public school pursuant to subsection 3 and until the money in the Account for the New Nevada Education Funding Plan is exhausted, an amount of $1,200 per pupil identified in subsection 1 who is enrolled at the public school.

Ê The board of trustees of a school district or the sponsor of a charter school that receives money pursuant to this subsection shall distribute the money to each identified public school on a per pupil basis for each pupil identified in subsection 1 who is enrolled at the public school.

      Sec. 9. 1.  A public school that receives money pursuant to section 8 of this act shall use the money only for the purposes identified in this section.

      2.  Before using any money received pursuant to section 8 of this act, a public school must:

      (a) Consult with:

             (1) The appropriate staff of the school district in which the public school is located to coordinate the use of the money by the public school with the use of money received pursuant to section 8 of this act by other public schools located in the school district in a manner that maximizes the efficient use of such money; and

             (2) The parents or legal guardians of pupils enrolled at the public school and, if an organizational team exists for the school, the organizational team, to determine the needs of pupils and the preference of the parents and legal guardians and the organizational team, if any, for services provided pursuant to subsections 4 and 5; and

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2921 (Chapter 453, SB 178)ê

 

organizational team, to determine the needs of pupils and the preference of the parents and legal guardians and the organizational team, if any, for services provided pursuant to subsections 4 and 5; and

      (b) In consultation with the parents or legal guardians of pupils enrolled at the public school and the organizational team, if any, develop a plan for the use of such money and the goals to be achieved as a result of the use of such money.

      3.  A public school that receives money pursuant to section 8 of this act must use the money only on programs or services which are evidence-based, as defined in 20 U.S.C. § 7801(21).

      4.  A public school that receives money pursuant to section 8 of this act shall use 90 percent or more of the money to provide one or more of the following:

      (a) Extended learning opportunities, including, without limitation:

             (1) A summer academy;

             (2) An intersession academy;

             (3) A program which provides learning opportunities for children before or after school;

             (4) An extended school day; or

             (5) A learning opportunity delivered at another time when school is not in session.

      (b) Academic interventions, including, without limitation:

             (1) A reading or literacy center;

             (2) The administration of a common, valid and reliable formative and summative assessment which is aligned to statewide standards and allows for comparisons between schools;

             (3) The implementation of relevant curriculum or software which is supported by evidence described in 20 U.S.C. § 7801(21)(A)(i) and which may include, without limitation, a course of instruction in college and career readiness; or

             (4) The hiring of personnel to implement an academic intervention which is supported by evidence described in 20 U.S.C. § 7801(21)(A)(i).

      (c) Early childhood education, including, without limitation, a prekindergarten program that meets the standards for quality established by the Department.

      (d) Any other strategy designed by the public school and approved by the Department.

      (e) In addition to one or more of the services described in paragraphs (a) to (d), inclusive, and to the extent determined by the public school to be necessary to adequately support such services, strategies to respond to the needs of the school and its pupils and their families identified by the public school, including, without limitation:

             (1) Programs and services designed to engage parents and families;

             (2) Programs to improve school climate and culture; or

             (3) The provision of social, psychological or health care services to pupils and their families, which may include, without limitation, counseling or wrap-around services.

      5.  A public school that receives money pursuant to section 8 of this act may not use more than 10 percent of the money to provide support for teachers and other licensed educational personnel, which may include, without limitation:

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2922 (Chapter 453, SB 178)ê

 

      (a) Professional development which is supported by evidence described in 20 U.S.C. § 7801(21)(A)(i);

      (b) Reimbursement for the coursework required to obtain an endorsement relating to English language acquisition and development for teachers or other licensed educational personnel who serve pupils who are English learners; or

      (c) Retention incentives for teachers or other licensed educational personnel who serve pupils who are English learners and have obtained an endorsement described in paragraph (b).

      6.  A public school that receives money pursuant to section 8 of this act:

      (a) Shall use the money to provide the services described in subsections 4 and 5 to pupils identified in subsection 1 of section 8 of this act who are enrolled at the public school; and

      (b) May, to the extent that the use of money pursuant to paragraph (a) creates the capacity to serve additional pupils, provide the services described in subsections 4 and 5 to pupils enrolled at the public school who scored at or below the 25th percentile on an assessment of pupil proficiency described in paragraphs (a) to (e), inclusive, of subsection 1 of section 10 of this act.

      7.  A public school shall ensure that any money received pursuant to section 8 of this act which is used to provide services to pupils who are English learners complies with any plan adopted by the board of trustees of the school district in which the public school is located for services provided to pupils who are English learners.

      8.  As used in this section:

      (a) “Organizational team” has the meaning ascribed to it in section 9 of Assembly Bill No. 469 of this Legislative Session.

      (b) “Wrap-around services” means supplemental services provided to a pupil with special needs or the family of such a pupil that are not otherwise covered by any federal or state program of assistance.

      Sec. 10. 1.  To determine the proficiency of a pupil pursuant to paragraph (b) of subsection 1 of section 8 of this act, the Department shall use, for a pupil who is:

      (a) An English learner in any grade, the assessment of proficiency in the English language prescribed by the State Board pursuant to NRS 390.810.

      (b) In kindergarten or grade 1 or 2, the “Measures of Academic Progress” published by the Northwest Evaluation Association, if implemented by the Department.

      (c) In grade 3, 4, 5, 6, 7 or 8, the examinations administered pursuant to NRS 390.105.

      (d) In grade 9 or 10, the end-of-course examination required pursuant to NRS 390.600 for mathematics.

      (e) In grade 11 or 12, the college and career readiness assessment administered pursuant to NRS 390.610.

      2.  The Department shall, by regulation, establish a method for projecting the number of pupils who are at or below the 25th percentile for proficiency in any grade level for which an assessment identified in subsection 1 does not exist or does not provide sufficient information to identify all such pupils. Such a method may allow for the number of pupils to be projected by examining:

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2923 (Chapter 453, SB 178)ê

 

      (a) The proficiency of pupils in nearby grade levels if an assessment for a grade level has not been fully implemented; or

      (b) Information on credit deficiency for any grade in high school for which insufficient information exists to identify all such pupils.

      Sec. 11. 1.  The Department shall prescribe annual measurable objectives and performance targets which must be used by a public school that receives money pursuant to section 8 of this act to evaluate and track the performance of pupils who receive services pursuant to section 9 of this act. The annual measurable objectives and performance targets prescribed by the Department must be aligned to the statewide system of accountability for public schools.

      2.  Each public school that receives money pursuant to section 8 of this act shall submit, on or before a date prescribed by the board of trustees of the school district in which the public school is located or the sponsor of the charter school, as applicable, a report to the school district or sponsor which uses the measurable objectives and performance targets prescribed by the Department to measure the effectiveness of the public school in providing services pursuant to section 9 of this act.

      3.  On or before November 30 of each year, the board of trustees of a school district and the sponsor of a charter school shall gather the reports submitted by each public school located in the school district or sponsored by the sponsor, as applicable, which contains information for the preceding school year and submit a report to the Department which contains such information for all public schools located in the school district or sponsored by the sponsor.

      4.  The Department shall contract with an independent evaluator to evaluate the effectiveness of services provided pursuant to section 9 of this act. The evaluation must include, without limitation, a determination of whether each public school is making an effective use of the money received by the public school pursuant to section 8 of this act and an identification of services which have been identified to offer the greatest and the least improvement to pupil performance. The evaluation must be provided on or before February 1 of:

      (a) Each even-numbered year to the Legislative Committee on Education.

      (b) Each odd-numbered year to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature.

      Sec. 12.  There is hereby appropriated from the State General Fund to the Account for a New Nevada Education Funding Plan created by section 7 of this act the following sums:

      1.  For the Fiscal Year 2017-2018............................................. $36,000,000

      2.  For the Fiscal Year 2018-2019............................................. $36,000,000

      Sec. 13.  1.  There is hereby appropriated from the State General Fund to the Department of Education the sum of $250,000 for the costs associated with contracting with an independent consultant to perform the work described in section 14 of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2924 (Chapter 453, SB 178)ê

 

was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 14.  1.  The Department of Education shall develop a request for proposals for an independent consultant who is qualified and knowledgeable on issues relating to the funding of public education to:

      (a) Conduct a review of the report entitled “Study of a New Method of Funding for Public Schools in Nevada,” published by the American Institutes for Research on September 22, 2012, and LCB Bulletin No. 15-5, “Interim Study Report of the Task Force on K-12 Public Education Funding”;

      (b) Update the report and bulletin identified in paragraph (a) with more current information, focusing on the determination and implementation of the appropriate funding adjustments for the additional costs associated with serving low-income pupils and English learners, as defined in 20 U.S.C. § 7801(20);

      (c) Review the meaning of the term “pupils who are at-risk,” as defined in NRS 387.121, to establish an appropriate definition of the term and recommend appropriate funding adjustments for the additional costs associated with serving such pupils;

      (d) Review the multiplier to the basic support guarantee per pupil for pupils with disabilities pursuant to NRS 387.122;

      (e) Review the meaning of the term “gifted and talented pupils,” as defined in NRS 388.5231, to establish an appropriate definition for the term and recommend a consistent statewide standard to identify such pupils; and

      (f) Make recommendations for the implementation of the findings of the independent consultant pursuant to paragraphs (a) to (e), inclusive.

      2.  The Department of Education shall, on or before September 15, 2017, enter into a contract with an independent consultant to perform the work identified in subsection 1.

      3.  The independent consultant selected by the Department of Education shall complete the work identified in subsection 1 and, on or before August 1, 2018, submit a preliminary report containing the information described in subsection 1 to the Department of Education. Upon receipt of the preliminary report, the Department of Education shall immediately forward the preliminary report to the Legislative Committee on Education.

      4.  Upon receipt of the preliminary report, the Legislative Committee on Education shall review the preliminary report and provide recommendations to the independent consultant. After receiving such recommendations from the Legislative Committee on Education and any recommendations which may be provided by the State Board of Education and Department of Education, the independent consultant shall prepare a final report which includes such recommendations and, on or before October 15, 2018, submit the final report to the Governor and the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature.

      Sec. 15.  The Legislative Counsel shall, in preparing the Nevada Revised Statutes and the supplements to the Nevada Administrative Code, substitute appropriately the term “limited English proficient” for the term “English learner.”

      Sec. 16.  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.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2925 (Chapter 453, SB 178)ê

 

      Sec. 17.  This act becomes effective:

      1.  Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      2.  On July 1, 2017, for all other purposes.

________

CHAPTER 454, SB 187

Senate Bill No. 187–Senators Segerblom, Cancela, Kieckhefer, Harris; Cannizzaro, Denis, Farley, Gansert, Hammond, Manendo, Parks, Ratti and Woodhouse

 

CHAPTER 454

 

[Approved: June 8, 2017]

 

AN ACT making an appropriation for the establishment of a fine arts museum in Las Vegas, Nevada, and the expansion of the Nevada Museum of Art in Reno, Nevada; and providing other matters properly relating thereto.

      Whereas, The arts and cultural assets such as museums enhance the quality of life of, create equity between and unite diverse people in a community; and

      Whereas, The arts and cultural assets act as powerful drivers of the economy, with the capability of creating jobs, attracting and generating investments and stimulating a local economy through tourism and commerce; and

      Whereas, Access to quality arts and cultural assets is an important factor considered by businesses when locating or relocating to a community and attracting and retaining workers; and

      Whereas, Education in the arts is necessary for the cultivation of a competitive workforce from among the pupils of this State; and

      Whereas, Nevada is committed to celebrating and enhancing the arts, culture and heritage of this State; and

      Whereas, Las Vegas, Nevada, is the largest metropolitan area in the United States without a fine arts museum; and

      Whereas, The City of Las Vegas has agreed to provide the Art Museum at Symphony Park, a nonprofit organization formed by local community leaders and advocates to establish a fine arts museum in southern Nevada, with land for the development of the fine arts museum; and

      Whereas, The Nevada Museum of Art, including the Donald W. Reynolds Center for the Visual Arts and E.L. Wiegand Gallery, located in Reno, Nevada, has earned local, national and international financial support and recognition as the oldest cultural institution in this State and is the only nationally accredited art museum in this State; and

      Whereas, The Nevada Museum of Art and the Art Museum at Symphony Park are discussing a merger to unify the organizations into an accredited nonprofit entity responsible for establishing and operating fine arts museums and educational programs in this State; and

      Whereas, Funding for the arts and cultural assets is a responsibility shared by private individuals, businesses, charitable foundations and the government at all levels; now, therefore,

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2926 (Chapter 454, SB 187)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.  There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $1,000,000 for allocation pursuant to section 2 of this act to the nonprofit corporation formed to establish a fine arts museum in Las Vegas, Nevada, and to expand the Nevada Museum of Art in Reno, Nevada, upon a showing to the Committee:

      1.  That the corporation has been incorporated under the laws of this State as a nonprofit corporation; and

      2.  That the purpose of the corporation is to establish a fine arts museum in Las Vegas, Nevada, and to expand the Nevada Museum of Art in Reno, Nevada.

      Sec. 2.  1.  Allocation of the money appropriated by section 1 of this act must be contingent upon matching money being obtained by the nonprofit corporation described in section 1 of this act, including, without limitation, gifts, grants and donations to the nonprofit corporation from private and public sources of money other than the appropriation made by section 1 of this act. The Interim Finance Committee shall not direct the transfer of any portion of money from the appropriation made pursuant to section 1 of this act until the nonprofit corporation submits to the Committee proof satisfactory to the Committee that matching money in an equivalent amount has been committed.

      2.  Upon acceptance of the money allocated pursuant to subsection 1, the nonprofit corporation agrees to:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 21, 2018, that describes each expenditure made from the money allocated pursuant to subsection 1 from the date on which the money was received by the nonprofit corporation through December 1, 2018;

      (b) Prepare and transmit a final report to the Interim Finance Committee on or before September 20, 2019, that describes each expenditure made from the money allocated pursuant to subsection 1 from the date on which the money was received by the nonprofit corporation through June 30, 2019; and

      (c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the nonprofit corporation, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money allocated pursuant to subsection 1.

      Sec. 3.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

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

________

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2927ê

 

CHAPTER 455, SB 192

Senate Bill No. 192–Senators Cannizzaro, Cancela, Segerblom, Parks, Spearman; Ford, Manendo and Woodhouse

 

Joint Sponsors: Assemblymen Spiegel, Thompson and Yeager

 

CHAPTER 455

 

[Approved: June 8, 2017]

 

AN ACT relating to mental health; establishing required hours of operation for mobile units operated by the Division of Public and Behavioral Health of the Department of Health and Human Services to provide mental health services in certain counties; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes certain facilities through which the Division of Public and Behavioral Health of the Department of Health and Human Services provides mental health services. (NRS 433.233) Section 1 of this bill requires, in counties whose population is 100,000 or more (currently Clark and Washoe Counties), any mobile unit operated by such a facility to be available to provide services from 8 a.m. or earlier to 12 a.m. or later, 7 days a week, including holidays. Section 2 of this bill makes an appropriation to the Division for the costs relating to expanding the hours of operation of the mobile units providing mental health 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. Chapter 433 of NRS is hereby amended by adding thereto a new section to read as follows:

      If a division facility provides mental health services using a mobile unit in a county whose population is 100,000 or more, the mobile unit must be available to provide such services from 8 a.m. or earlier to 12 a.m. or later, 7 days a week, including holidays.

      Sec. 2.  1.  There is hereby appropriated from the State General Fund to the Division of Public and Behavioral Health of the Department of Health and Human Services for the costs relating to expanding the hours of operation of mobile units providing mental health services pursuant to section 1 of this act the following sums:

For Fiscal Year 2017-2018........................................................ $1,400,528

For Fiscal Year 2018-2019....................................................... $1,417,080

      2.  Any balance of the sums appropriated by subsection 1 of this act remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 21, 2018, and September 20, 2019, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 21, 2018, and September 20, 2019, respectively.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2928 (Chapter 455, SB 192)ê

 

      Sec. 3.  1.  This section and section 2 of this act become effective on July 1, 2017.

      2.  Section 1 of this act becomes effective on July 1, 2017, for the purpose of adopting regulations and performing any other preparatory administrative tasks necessary to carry out the provisions of that section and on October 1, 2017, for all other purposes.

________

CHAPTER 456, SB 249

Senate Bill No. 249–Senators Woodhouse, Ratti, Cannizzaro, Cancela, Parks; Atkinson, Denis, Farley, Ford, Manendo, Segerblom and Spearman

 

Joint Sponsors: Assemblymen Monroe-Moreno, Cohen, Diaz, Neal, Flores; Fumo and Joiner

 

CHAPTER 456

 

[Approved: June 8, 2017]

 

AN ACT relating to education; requiring instruction in financial literacy for certain pupils enrolled in public schools; requiring a pupil enrolled in a public high school to receive instruction in economics; creating the Account for Instruction in Financial Literacy in the State General Fund; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a pupil enrolled in a public high school to enroll in a certain number of credits in certain subject areas. (NRS 389.018) Section 2 of this bill requires a pupil enrolled in a public high school to enroll in one-half unit of credit in economics and limits American government to one-half unit of credit, but allows a school district to authorize a school to offer a combined course in American government and economics for one unit of credit in certain circumstances. Section 7 of this bill makes those provisions effective on July 1, 2022.

      Existing law requires instruction in financial literacy for pupils enrolled in high school in each school district and in each charter school that operates as a high school. (NRS 389.074) Section 3 of this bill additionally requires instruction in financial literacy for pupils enrolled in grades 3 to 12, inclusive. Section 3 requires the Council to Establish Academic Standards for Public Schools to include the standards of content and performance for instruction in financial literacy in the standards of content and performance established by the Council. Section 3 also requires that instruction in financial literacy: (1) be age-appropriate; (2) include certain topics; and (3) be provided within a course of study for which the Council has established the relevant standards of content and performance. Section 1 of this bill creates the Account for Instruction in Financial Literacy in the State General Fund and provides that money in the Account generally may be used only for providing the instruction in financial literacy required by section 3.

      Existing law requires the board of trustees of each school district and the governing body of each charter school to ensure that teachers employed by the school district or charter school have access to certain professional development training. (NRS 391A.370) Section 4 of this bill requires each school district and the governing body of a charter school in which pupils are enrolled in any grade of grades 3 to 12, inclusive, to provide professional development training regarding financial literacy to teachers who teach in a subject area in which instruction in financial literacy is provided.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2929 (Chapter 456, SB 249)ê

 

teachers who teach in a subject area in which instruction in financial literacy is provided. The professional development training required by section 4 may be provided by a school district or governing body or through an agreement with an institution of higher education or a regional training program for professional development of teachers and administrators.

      Section 4.5 of this bill makes an appropriation to carry out the provisions of this bill. Section 5 of this bill requires the Council to Establish Academic Standards for Public Schools to establish standards of content and performance for the instruction in financial literacy and to revise the standards of content and performance for instruction in American government by December 1, 2017, and requires the State Board of Education to adopt and revise such standards of content and performance by February 1, 2018.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Account for Instruction in Financial Literacy is hereby created in the State General Fund, to be administered by the Superintendent of Public Instruction. The Superintendent of Public Instruction may accept gifts and grants of money from any source for deposit in the Account. Any money from gifts and grants may be expended in accordance with the terms and conditions of the gift or grant, or in accordance with subsection 2. The interest and income earned on the sum of the money in the Account and any unexpended appropriations made to the Account from the State General Fund must be credited to the Account. Any money remaining in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      2.  Except as otherwise provided in subsection 1, the money in the Account may be used only for providing the instruction in financial literacy required by NRS 389.074. The State Board shall adopt regulations governing the distribution of money in the Account for this purpose.

      Sec. 2. NRS 389.018 is hereby amended to read as follows:

      389.018  1.  The following subjects are designated as the core academic subjects that must be taught, as applicable for grade levels, in all public schools, the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS:

      (a) English language arts;

      (b) Mathematics;

      (c) Science; and

      (d) Social studies, which includes only the subjects of history, geography, economics and government.

      2.  Except as otherwise provided in this subsection, a pupil enrolled in a public high school must enroll in a minimum of:

      (a) Four units of credit in English language arts;

      (b) Four units of credit in mathematics, including, without limitation, Algebra I and geometry, or an equivalent course of study that integrates Algebra I and geometry;

      (c) Three units of credit in science, including two laboratory courses; and

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2930 (Chapter 456, SB 249)ê

 

      (d) Three units of credit in social studies, including, without limitation:

             (1) One-half unit of credit in American government;

             (2) Two units of credit in American history [; and

             (3) World] , world history or geography [.] ; and

             (3) One-half unit of credit in economics.

Ê A pupil is not required to enroll in the courses of study and credits required by this subsection if the pupil, the parent or legal guardian of the pupil and an administrator or a counselor at the school in which the pupil is enrolled mutually agree to a modified course of study for the pupil and that modified course of study satisfies at least the requirements for a standard high school diploma or an adjusted diploma, as applicable. A school district may authorize one or more public high schools in the school district to offer a combined course in American government and economics for one unit of credit which satisfies the requirements of subparagraphs (1) and (3) if the curriculum of an advanced placement course is used for American government in the combined course.

      3.  Except as otherwise provided in this subsection, in addition to the core academic subjects, the following subjects must be taught as applicable for grade levels and to the extent practicable in all public schools, the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS:

      (a) The arts;

      (b) Computer education and technology;

      (c) Health; and

      (d) Physical education.

Ê If the State Board requires the completion of course work in a subject area set forth in this subsection for graduation from high school or promotion to the next grade, a public school shall offer the required course work. Except as otherwise provided for a course of study in health prescribed by subsection 1 of NRS 389.021 and the instruction prescribed by subsection 1 of NRS 389.064, unless a subject is required for graduation from high school or promotion to the next grade, a charter school is not required to comply with this subsection.

      Sec. 3. NRS 389.074 is hereby amended to read as follows:

      389.074  1.  The board of trustees of each school district and the governing body of each charter school [that operates as a high school] shall ensure that instruction [on] in financial literacy is provided to pupils enrolled in grades 3 to 12, inclusive, in each public [high] school within the school district or in the charter school, as applicable. The instruction must include, without limitation:

      (a) The skills necessary to develop financial responsibility, including, without limitation:

             (1) Making reasonable financial decisions by analyzing the alternatives and consequences of those financial decisions;

             (2) Locating and evaluating financial information from various sources;

             (3) Judging the quality of services offered by a financial institution;

             (4) Developing communication strategies to discuss financial issues;

             [(4)] (5) Controlling personal information; and

             [(5)] (6) Reviewing and summarizing federal and state consumer protection laws.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2931 (Chapter 456, SB 249)ê

 

      (b) The skills necessary to manage finances, including, without limitation:

             (1) Developing a plan for spending and saving;

             (2) Developing a system for keeping and using financial records; and

             (3) Developing a personal financial plan.

      (c) The skills necessary to understand the use of credit and the incurrence of debt, including, without limitation:

             (1) Identifying the costs and benefits of various types of credit;

             (2) Understanding the methods to manage debt and the consequences of acquiring debt;

             (3) Understanding how interest rates, compounding frequency and the terms of a loan can affect the cost of credit;

             (4) Completing an application for a loan;

             (5) Understanding different types of loans, including, without limitation, payday loans, automobile loans, student loans and mortgages;

             (6) Explaining the purpose of a credit report, including, without limitation, the manner in which a credit report is used by lenders;

             [(3)] (7) Describing the rights of a borrower regarding his or her credit report;

             [(4)] (8) Identifying methods to avoid and resolve debt problems; and

             [(5)] (9) Reviewing and summarizing federal and state consumer credit protection laws.

      (d) The skills necessary to understand the basic principles of saving and investing, including, without limitation:

             (1) Understanding how saving and investing contribute to financial well-being;

            (2) Understanding the methods of investing and alternatives to investing;

             (3) Understanding how to buy and sell investments; [and]

             (4) Understanding compound interest, including, without limitation, in the context of investments;

             (5) Understanding various types of securities, including, without limitation, stocks and bonds; and

             (6) Understanding how the regulation of financial institutions protects investors.

      (e) The skills necessary to prevent and limit the consequences of identity theft and fraud.

      (f) The skills necessary to understand the basic assessment of taxes, including, without limitation, understanding the matter in which taxes are computed by local, state and federal governmental entities.

      (g) The skills necessary to understand the basic principles of insurance, including, without limitation:

             (1) Understanding the function of various insurance policies; and

             (2) Determining the quality of an insurance provider.

      (h) The skills necessary to plan for higher education and career choices, including, without limitation:

             (1) Information concerning institutions of higher education and college preparedness;

             (2) Information concerning career options;

             (3) Writing a resume;

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2932 (Chapter 456, SB 249)ê

 

             (4) Information concerning opportunities for financial aid, including the Free Application for Federal Student Aid and the programs of the Western Interstate Commission for Higher Education, and the manner in which to qualify for such opportunities;

             (5) Information concerning scholarship opportunities, including, without limitation, the Governor Guinn Millennium Scholarship Program and Silver State Opportunity Grant Program; and

             (6) Information concerning prepaid tuition and college savings programs and plans established pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529.

      2.  The standards of content and performance for the instruction in financial literacy required by subsection 1 [may] must be included in the standards of content and performance established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520. The instruction required by subsection 1 must be:

      (a) Age-appropriate; and

      (b) Included within a course [or program of instruction that pupils enrolled in high school are otherwise required to complete for graduation.] of study for which the Council has established the relevant standards of content and performance, including, without limitation, a course of study in economics, mathematics or social studies.

      3.  The board of trustees of each school district and the governing body of each charter school in which pupils are enrolled in any grade of grades 3 to 12, inclusive, shall encourage:

      (a) Persons to donate money to the Account for Instruction in Financial Literacy created by section 1 of this act;

      (b) Persons to volunteer time, expertise and resources to assist a school district, governing body of a charter school, public school or teacher in the provision of instruction in financial literacy; and

      (c) Partnerships between a school district or charter school and relevant persons, businesses or entities in which those persons, businesses or entities provide the resources necessary to provide instruction in financial literacy.

      Sec. 4. Chapter 391A of NRS is hereby amended by adding thereto a new section to read as follows:

      Each school district and the governing body of a charter school in which pupils are enrolled in any grade of grades 3 to 12, inclusive, shall provide professional development training regarding financial literacy to teachers who teach in a subject area in which instruction in financial literacy is provided. Such professional development training may be provided by the school district or governing body or through an agreement with an institution of higher education or a regional training program for professional development of teachers and administrators.

      Sec. 4.5.  1.  There is hereby appropriated from the State General Fund to the Clark County School District to carry out the provisions of this act the following sums:

For the Fiscal Year 2017-2018.................................................... $700,000

For the Fiscal Year 2018-2019................................................. $1,000,000

      2.  There is hereby appropriated from the State General Fund to the Washoe County School District to carry out the provisions of this act the following sums:

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2933 (Chapter 456, SB 249)ê

 

For the Fiscal Year 2017-2018.................................................... $200,000

For the Fiscal Year 2018-2019.................................................... $300,000

      3.  There is hereby appropriated from the State General Fund to the Department of Education to carry out the provisions of this act the following sums:

For the Fiscal Year 2017-2018.................................................... $100,000

For the Fiscal Year 2018-2019.................................................... $200,000

      4.  Any balance of the sums appropriated by subsections 1, 2 and 3 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money must not be spent for any purpose after September 21, 2018, and September 20, 2019, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 21, 2018, and September 20, 2019, respectively.

      5.  Money appropriated pursuant to subsection 1 or 2 must be used to support instruction in financial literacy or economics, including, without limitation, by providing professional development training regarding financial literacy to teachers who teach in a subject area in which instruction in financial literacy is provided.

      6.  Money appropriated pursuant to subsection 3 must be used to award grants of money to school districts other than the Clark County School District and Washoe County School District and to the sponsors of charter schools that submit an application to the Department of Education. The amount granted to each school district and charter school must be based upon the number of pupils enrolled in each such school district or charter school, as applicable, who are enrolled in a subject area in which instruction in financial literacy is provided, and not on a competitive basis.

      7.  The sums appropriated by this section must be accounted for separately from any other money and used only for the purposes specified in this section.

      Sec. 5.  The Council to Establish Academic Standards for Public Schools created by NRS 389.510 shall establish the standards of content and performance for instruction in financial literacy and revise the standards of content and performance for instruction in American government on or before December 1, 2017. The State Board of Education shall adopt standards of content and performance for instruction in financial literacy and revise standards of content and performance for instruction in American government on or before February 1, 2018.

      Sec. 6. (Deleted by amendment.)

      Sec. 7.  1.  This section and sections 1, 3, 4, 5 and 6 of this act become effective upon passage and approval.

      2.  Section 4.5 of this act becomes effective on July 1, 2017.

      3.  Section 2 of this act becomes effective on July 1, 2022.

________

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2934ê

 

CHAPTER 457, SB 257

Senate Bill No. 257–Senators Farley, Cannizzaro, Spearman, Ratti, Ford; Atkinson, Denis, Manendo, Parks, Segerblom and Woodhouse

 

CHAPTER 457

 

[Approved: June 8, 2017]

 

AN ACT relating to children; expanding the rights of children placed in foster care; creating the Normalcy for Foster Youth Account in the State General Fund; authorizing money in the Account to be used to provide opportunities for children to participate in certain activities; providing civil and criminal immunity to a person with whom a child has been placed who acts in accordance with certain standards in approving or allowing the child to participate in certain activities; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law affords specific rights to children who are placed in a foster home by an agency which provides child welfare services. (NRS 432.500-432.550) Section 2.5 of this bill adds the right, with respect to the education and vocational training of a foster child, for a foster child to have reasonable access to participate in extracurricular, cultural and personal enrichment activities. Section 4 of this bill creates the Normalcy for Foster Youth Account in the State General Fund to be administered by the Division of Child and Family Services of the Department of Health and Human Services. Section 4 authorizes the Division to use money in the Account to provide monetary support to certain caregivers of foster children to allow the child to participate in extracurricular, cultural and personal enrichment activities. Section 4 also authorizes the Division to award grants to agencies which provide child welfare services or nonprofit organizations that provide opportunities for such children to participate in extracurricular, cultural and personal enrichment activities. Section 5 of this bill provides civil and criminal immunity for a person with whom a child has been placed when approving or allowing the child to participate in extracurricular, cultural and personal enrichment activities if the person acted in accordance with a standard based on the “reasonable and prudent parent standard” as it is defined in federal law. (42 U.S.C. § 675(10)(A))

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1 and 2. (Deleted by amendment.)

      Sec. 2.5. NRS 432.535 is hereby amended to read as follows:

      432.535  With respect to the education and vocational training of a child placed in a foster home by an agency which provides child welfare services, the child has the right:

      1.  To receive fair and equal access to an education, including, without limitation, the right:

      (a) To receive an education as required by law;

      (b) To have stability in and minimal disruption to his or her education when the child is placed in a foster home;

      (c) To attend the school and remain in the scholastic activities that he or she was enrolled in before placement in a foster home, to the extent practicable and if in the best interests of the child;

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2935 (Chapter 457, SB 257)ê

 

      (d) To have educational records transferred in a timely manner from the school that he or she was enrolled in before placement in a foster home to a new school, if any;

      (e) Not to be identified as a foster child to other students at his or her school by an employee of a school district, including, without limitation, a school administrator, teacher or instructional aide;

      (f) To receive any educational screening, assessment or testing required by law;

      (g) To be referred to and receive educational evaluation and services as soon as practicable after the need for such services has been identified, including, without limitation, access to special education and special services to meet the unique needs of a child with educational or behavioral disabilities or impairments that adversely affect the child’s educational performance;

      (h) To have access to information regarding relevant educational opportunities, including, without limitation, course work for vocational and postsecondary educational programs and financial aid for postsecondary education, once the child is 16 years of age or older; and

      (i) To attend a class or program concerning independent living for which he or she is qualified that is offered by the agency which provides child welfare services or another agency or contractor of the State.

      2.  To [participate] reasonable participation in extracurricular, cultural and personal enrichment activities which are consistent with the age and developmental level of the child.

      3.  To work and to receive vocational training, to the extent permitted by statute and consistent with the age and developmental level of the child.

      4.  To have access to transportation, if practicable, to allow the child to participate in extracurricular, cultural, personal and work activities.

      Sec. 3. Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.

      Sec. 4. 1.  The Normalcy for Foster Youth Account is hereby created in the State General Fund.

      2.  The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

      3.  The Division of Child and Family Services may use money in the Account to:

      (a) Provide monetary support to a provider of foster care who provides opportunities to a child in his or her care to participate in extracurricular, cultural or personal enrichment activities; and

      (b) Award grants to agencies which provide child welfare services or nonprofit organizations that provide opportunities to children in foster care to participate in extracurricular, cultural or personal enrichment activities.

      4.  The Division of Child and Family Services may accept gifts, grants, bequests and other contributions from any source for the purpose of carrying out the provisions of this section.

      5.  Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      Sec. 5. 1.  Except as otherwise provided in subsection 2, a person with whom a child has been placed pursuant to this chapter is immune from civil or criminal liability for approving or allowing the child to participate in extracurricular, cultural or personal enrichment activities if, in approving or allowing the child to participate in such activities, the person acted as a reasonable and prudent parent would have acted under the same circumstances to maintain the health, safety and best interests of the child while at the same time encouraging the emotional and developmental growth of the child.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2936 (Chapter 457, SB 257)ê

 

person acted as a reasonable and prudent parent would have acted under the same circumstances to maintain the health, safety and best interests of the child while at the same time encouraging the emotional and developmental growth of the child.

      2.  The provisions of subsection 1 do not confer any immunity from civil or criminal liability for a person who violates an order of a court of competent jurisdiction.

      Secs. 6-8. (Deleted by amendment.)

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

________

CHAPTER 458, SB 300

Senate Bill No. 300–Committee on Education

 

CHAPTER 458

 

[Approved: June 8, 2017]

 

AN ACT making an appropriation to the Department of Education for allocation to school districts to carry out a program of peer assistance and review of teachers; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Department of Education the following sums:

For the Fiscal Year 2017-2018................................................. $1,200,000

For the Fiscal Year 2018-2019................................................. $1,300,000

      2.  From the money appropriated by subsection 1, the Department of Education shall transfer to the school districts specified in this subsection for Fiscal Year 2017-2018 and Fiscal Year 2018-2019 the following sums:

School District                                                 2017-2018          2018-2019

Clark County School District                       $1,000,000         $1,000,000

Washoe County School District                      $200,000             $200,000

TOTAL:                                                           $1,200,000         $1,200,000

      3.  From the money appropriated by subsection 1, the Department of Education shall allocate, for Fiscal Year 2018-2019, $100,000 among the school districts other than Clark and Washoe County School Districts upon application of such a school district for a grant of money for the purposes set forth in subsection 4.

      4.  A school district that receives an allocation pursuant to subsection 2 or 3 shall use the allocation to provide assistance to teachers in meeting the standards for effective teaching, including, without limitation, by:

      (a) Conducting observations and peer assistance and review; and

      (b) Providing information and resources to teachers about strategies for effective teaching.

      5.  The sums allocated by subsections 2 and 3:

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2937 (Chapter 458, SB 300)ê

 

      (a) Must be accounted for separately from any other money received by the school district and used only for the purposes specified in this section.

      (b) May be used for expenses relating to conducting a program of peer assistance and review of teachers, which may include, without limitation, salaries and benefits of teachers and supervisors who provide consulting services, salaries and benefits of necessary substitute teachers, supplies, travel expenses and expenses relating to professional development.

      (c) May not be used to settle or arbitrate disputes between a recognized organization representing employees of the school district and the school district, or to settle any negotiations.

      (d) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of the school district.

      Sec. 2.  Any balance of the sums appropriated by section 1 of this act remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 21, 2018, and September 20, 2019, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 21, 2018, and September 20, 2019, respectively.

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

________

CHAPTER 459, SB 373

Senate Bill No. 373–Senator Ford

 

CHAPTER 459

 

[Approved: June 8, 2017]

 

AN ACT relating to the Department of Business and Industry; requiring the Director of the Department of Business and Industry to appoint a Minority Affairs Management Analyst within the Office of the Director; establishing the duties of the Minority Affairs Management Analyst; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Ombudsman of Consumer Affairs for Minorities as a permanent position within the Office of the Director of the Department of Business and Industry and requires the Ombudsman to provide for educational, outreach and service programs for minority groups pertaining to consumer fraud and assist the Nevada Commission on Minority Affairs. (NRS 232.845) Section 1 of this bill creates a Minority Affairs Management Analyst position within the Office of the Director of the Department and requires the Minority Affairs Management Analyst to: (1) collect data and perform statistical analysis to support the Nevada Commission on Minority Affairs; and (2) perform such investigation, data collection and statistical analysis as is necessary to determine whether discrimination on the basis of race is occurring in state or local purchasing, public works or other areas. Section 2.5 of this bill appropriates money to the Department to pay the costs of employing the Minority Affairs Management Analyst.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2938 (Chapter 459, SB 373)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 232 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Director shall employ a Minority Affairs Management Analyst within the Office of the Director. The Minority Affairs Management Analyst shall:

      1.  Collect data and perform statistical analysis to support the Nevada Commission on Minority Affairs created by NRS 232.852; and

      2.  Perform such investigation, data collection and statistical analysis as is necessary to determine whether discrimination on the basis of race is occurring in state or local purchasing, public works or any other area.

      Sec. 2. NRS 232.505 is hereby amended to read as follows:

      232.505  As used in NRS 232.505 to 232.845, inclusive, and section 1 of this act, unless the context requires otherwise:

      1.  “Department” means the Department of Business and Industry.

      2.  “Director” means the Director of the Department.

      Sec. 2.5.  1.  There is hereby appropriated from the State General Fund to the Department of Business and Industry to pay the costs of employing a Minority Affairs Management Analyst pursuant to section 1 of this act:

For the Fiscal Year 2017-2018....................................................... $71,306

For the Fiscal Year 2018-2019....................................................... $87,828

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 21, 2018, and September 20, 2019, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 21, 2018, and September 20, 2019, respectively.

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

________

 

 

 

 

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2939ê

 

CHAPTER 460, SB 377

Senate Bill No. 377–Committee on Judiciary

 

CHAPTER 460

 

[Approved: June 8, 2017]

 

AN ACT relating to indigent defense; creating the Nevada Right to Counsel Commission; prescribing the membership and duties of the Commission; authorizing the Commission to request the drafting of not more than one legislative measure for each regular session of the Legislature; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill creates the Nevada Right to Counsel Commission and prescribes the duties and functions of the Commission. Section 9 of this bill provides that the Commission consists of 13 voting members and the Chief Justice of the Nevada Supreme Court, who is an ex officio nonvoting member of the Commission. Under section 9, of the 13 voting members of the Commission, the Governor appoints 10 members from among nominees selected by various entities interested in the provision of indigent defense services and the Majority Leader of the Senate, the Speaker of the Assembly and the Chief Justice of the Nevada Supreme Court each appoint one member. Section 9 also provides that a member of the Commission serves without compensation but is entitled to receive the per diem and travel expenses for state officers and employees while the member is engaged in the business of the Commission. Section 32 of this bill provides for the appointment of members of the Commission to terms which expire on June 30, 2019.

      Section 11 of this bill requires the Commission to conduct a study during the 2017-2019 interim concerning issues relating to the provision of legal representation to indigent persons. Section 11 also requires the Commission to recommend to the Legislature standards concerning the provision of legal representation to indigent persons. The recommendations must include: (1) standards related to the caseload and workload of defense counsel; (2) minimum standards for the provision of legal representation to indigent persons; (3) minimum standards for a statewide system for the provision of such services in a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties); (4) funding a statewide system for the provision of such services; and (5) any other recommendations in accordance with the findings of the Commission. Recommendations proposed by the Commission must be submitted to the Office of Finance in the Office of the Governor and the Legislature on or before September 1, 2018.

      Existing law prescribes the number of legislative measures which may be requested by various departments, agencies and other entities of this State for each regular session of the Legislature. (NRS 218D.100-218D.220) Section 31.2 of this bill authorizes the Nevada Right to Counsel Commission to request for each regular session of the Legislature the drafting of not more than one legislative measure which relates to matters within the scope of the Right to Counsel Commission.

      Section 31.6 of this bill makes an appropriation from the State General Fund of $115,000 for Fiscal Year 2017-2018 and $115,000 for Fiscal Year 2018-2019 to the Nevada Supreme Court for expenses related to the Commission.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2940 (Chapter 460, SB 377)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 2. Chapter 180 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 16, inclusive, of this act.

      Sec. 3.  (Deleted by amendment.)

      Sec. 4. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 5 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 5.  (Deleted by amendment.)

      Sec. 6. “Commission” means the Nevada Right to Counsel Commission created by section 9 of this act.

      Sec. 7. “Indigent defense services” means the provision of legal representation to:

      1.  An indigent person who is charged with a public offense; or

      2.  An indigent child who is:

      (a) Alleged to be delinquent; or

      (b) In need of supervision pursuant to title 5 of NRS.

      Sec. 8.  (Deleted by amendment.)

      Sec. 9. 1.  The Nevada Right to Counsel Commission, consisting of 13 voting members and 1 ex officio nonvoting member, is hereby created.

      2.  The voting members of the Commission must be appointed as follows:

      (a) One member who is a member in good standing of the State Bar of Nevada, appointed by the Majority Leader of the Senate.

      (b) One member who has expertise in the finances of State Government, appointed by the Speaker of the Assembly.

      (c) One member who is a retired judge or justice or has expertise in juvenile justice and criminal law, appointed by the Chief Justice of the Nevada Supreme Court.

      (d) Two members from among six nominees selected by the Board of Governors of the State Bar of Nevada, three of whom must be members in good standing of the State Bar of Nevada who reside in a county whose population is less than 100,000, and three of whom must be members in good standing of the State Bar of Nevada who reside in a county whose population is 100,000 or more, appointed by the Governor. The Governor must appoint one member who resides in a county whose population is less than 100,000 and one member who resides in a county whose population is 100,000 or more.

      (e) Four members from among six nominees selected by the Nevada Association of Counties who reside in a county whose population is less than 100,000, appointed by the Governor. The Governor must appoint one member who has expertise in the finances of local government.

      (f) Two members from among four nominees selected by the Board of County Commissioners of Clark County, appointed by the Governor.

      (g) One member from among two nominees selected by the Board of County Commissioners of Washoe County, appointed by the Governor.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2941 (Chapter 460, SB 377)ê

 

      (h) One member from among three nominees selected jointly by associations of the State Bar of Nevada who represent members of racial or ethnic minorities, appointed by the Governor.

      3.  The Chief Justice of the Nevada Supreme Court or his or her designee is an ex officio, nonvoting member of the Commission.

      4.  Each person appointed to the Commission pursuant to subsection 2 must have:

      (a) Significant experience in providing legal representation to indigent persons who are charged with public offenses or to indigent children who are alleged to be delinquent or in need of supervision;

      (b) A demonstrated commitment to providing effective legal representation to such persons; or

      (c) Expertise or experience, as determined by the appointing authority, which qualifies the person to contribute to the purpose of the Commission or to carrying out any of its functions pursuant to section 11 of this act.

      5.  A person must not be appointed to the Commission pursuant to subsection 2 if he or she is:

      (a) A current judge, justice or judicial officer;

      (b) A prosecuting attorney or an employee thereof;

      (c) A law enforcement officer or an employee of a law enforcement agency; or

      (d) An attorney who may obtain any financial benefit from the policies adopted by the Commission.

      6.  In addition to the other requirements set forth in this section, not more than two persons who are county managers or members of a board of county commissioners may be appointed to the Commission pursuant to subsection 2.

      7.  Each member of the Commission continues in office until a successor is appointed.

      8.  Any vacancy occurring in the membership of the Commission must be filled in the same manner as the original appointment for the remainder of the unexpired term.

      9.  Each member of the Commission:

      (a) Serves without compensation; and

      (b) While engaged in the business of the Commission, is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      10.  Each member of the Commission who is an officer or employee of the State or a local government must be relieved from his or her duties without loss of his or her regular compensation so that the member may prepare for and attend meetings of the Commission and perform any work necessary to carry out the duties of the Commission in the most timely manner practicable. A state agency or local government shall not require an officer or employee who is a member of the Commission to make up the time the member is absent from work to carry out his or her duties as a member, and shall not require the member to take annual vacation or compensatory time for the absence.

      11.  The Governor may remove a member of the Commission for incompetence, neglect of duty, moral turpitude, misfeasance, malfeasance or nonfeasance in office or for any other good cause.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2942 (Chapter 460, SB 377)ê

 

      12.  A majority of the voting members of the Commission constitutes a quorum for the transaction of business at a meeting of the Commission. A majority of the voting members of the Commission is required for official action of the Commission.

      Sec. 10.  (Deleted by amendment.)

      Sec. 11. 1.  The Commission shall conduct a study during the 2017-2019 interim concerning issues relating to the provision of indigent defense services.

      2.  The Commission shall make recommendations to the Legislature to improve the provision of indigent defense services and to ensure that those services are provided in a manner that complies with the standards for the effective assistance of counsel established by the United States Supreme Court and the appellate courts of this State under the Sixth Amendment to the United States Constitution and Section 8 of Article 1 of the Nevada Constitution. The Commission shall make recommendations concerning:

      (a) Standards related to the caseload and workload of defense counsel;

      (b) Minimum standards for the provision of indigent defense services;

      (c) Minimum standards for a statewide system for the provision of indigent defense services in a county whose population is less than 100,000;

      (d) Funding a statewide system for the provision of indigent services; and

      (e) Any other recommendations in accordance with the findings of the Commission.

      3.  Any state agency, political subdivision of this State or any other state or local governmental agency in this State, or any officer, employee or other person acting on behalf of such an agency or entity, shall provide, to the best ability of the agency, entity or person, information requested by the Commission to carry out any of its functions pursuant to this section.

      4.  The Commission may employ and contract, within the limits of legislative appropriations, such experts as necessary to carry out any of its functions pursuant to this section.

      5.  On or before September 1, 2018, the Commission shall submit a report of its findings and any recommendations to:

      (a) The Office of Finance in the Office of the Governor; and

      (b) The Director of the Legislative Counsel Bureau for transmittal to the 80th Session of the Nevada Legislature.

      Secs. 12-31.  (Deleted by amendment.)

      Sec. 31.2. Chapter 218D of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  For a regular session, the Nevada Right to Counsel Commission created by section 9 of this act may request the drafting of not more than one legislative measure which relates to matters within the scope of the Commission. The request must be submitted to the Legislative Counsel on or before September 1 preceding the regular session.

      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.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2943 (Chapter 460, SB 377)ê

 

      Sec. 31.4. NRS 218D.100 is hereby amended to read as follows:

      218D.100  1.  The provisions of NRS 218D.100 to 218D.220, inclusive, and section 31.2 of this act 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, and section 31.2 of this act for the requester; or

      (b) Is submitted by an authorized nonlegislative requester pursuant to NRS 218D.175 to 218D.220, inclusive, and section 31.2 of this act 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) 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. 31.6.  1.  There is hereby appropriated from the State General Fund to the Nevada Supreme Court for expenses related to the Nevada Right to Counsel Commission created by section 9 of this act the following sums:

For the Fiscal Year 2017-2018.................................................... $115,000

For the Fiscal Year 2018-2019.................................................... $115,000

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 21, 2018, and September 20, 2019, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred and must be reverted to the State General Fund on or before September 21, 2018, and September 20, 2019, respectively.

      Sec. 32.  As soon as practicable after July 1, 2017, the Governor, the Majority Leader of the Senate, the Speaker of the Assembly and the Chief Justice of the Supreme Court, as applicable, shall appoint the members of the Nevada Right to Counsel Commission created pursuant to section 9 of this act to terms that expire on June 30, 2019.

      Secs. 33 and 34. (Deleted by amendment.)

      Sec. 35.  This act becomes effective on July 1, 2017, and expires by limitation on June 30, 2019.

________

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2944ê

 

CHAPTER 461, SB 391

Senate Bill No. 391–Senators Denis, Cancela, Woodhouse, Segerblom, Ford; Harris and Ratti

 

Joint Sponsors: Assemblymen Thompson, Diaz and McCurdy II

 

CHAPTER 461

 

[Approved: June 8, 2017]

 

AN ACT relating to community colleges; authorizing community colleges in the Nevada System of Higher Education to award a scholarship to certain students who are enrolled in such colleges; requiring that a plan to improve the achievement of pupils include strategies to provide certain persons with information concerning the availability of such scholarships; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Community colleges in this State are a part of the Nevada System of Higher Education and are administered under the direction of the Board of Regents of the University of Nevada. (NRS 396.020) Section 9 of this bill requires each community college in the System to determine whether it will award Nevada Promise Scholarships. Section 9 also requires each participating community college to allow a student to appeal adverse decisions relating to such scholarships. Section 8 of this bill establishes the Nevada Promise Scholarship Account in the State General Fund to pay for the scholarships.

      Sections 9 and 10 of this bill require a participating community college to perform certain duties, including holding introductory meetings for scholarship applicants and establishing a mentoring program, or to enter into an agreement with a nonprofit organization or governmental entity to perform those duties. Section 11 of this bill sets forth the requirements to serve as a volunteer mentor in such a mentoring program. Sections 12 and 13 of this bill set forth the requirements for a student to be eligible to receive or renew a Nevada Promise Scholarship. The requirements to receive or renew a scholarship include a requirement that an applicant complete community service. Section 14 of this bill: (1) provides that an applicant who knowingly submits false information to a participating community college is ineligible to receive a scholarship; and (2) prescribes additional requirements governing deadlines and community service.

      Section 16 of this bill prescribes: (1) the process for determining the eligibility of scholarship applicants and awarding scholarships; and (2) the amount of a scholarship for a recipient. If there is insufficient money available to award a full scholarship to all eligible students, section 16 sets forth the manner in which money in the Account will be disbursed. Section 16 additionally requires, under such circumstances, the State Treasurer to notify the Legislature and the board of trustees of each school district and the governing body of each charter school, who are then required to notify pupils who are on schedule to graduate from a public high school of that fact. Section 17 of this bill requires the Board of Regents to annually review all scholarships awarded for the previous year and report certain information to the Legislature. Section 17 also: (1) requires a participating community college to maintain certain records; and (2) authorizes the Board of Regents and the State Treasurer to audit a participating community college or a nonprofit organization or governmental entity with which a participating community college has entered into an agreement to carry out certain duties relating to the scholarship program. Section 18.3 of this bill makes an appropriation for the purpose of awarding Nevada Promise Scholarships.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2945 (Chapter 461, SB 391)ê

 

      Existing law requires the plan to improve the achievement of pupils adopted by the State Board of Education to include strategies designed to provide to pupils enrolled in middle school, junior high school and high school and certain other persons information concerning the availability of Governor Guinn Millennium Scholarships. (NRS 385.112) Section 1 of this bill requires that the plan also include strategies to provide such persons with information concerning the availability of Nevada Promise Scholarships.

 

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 385.112 is hereby amended to read as follows:

      385.112  A plan to improve the achievement of pupils enrolled in public schools in this State prepared pursuant to NRS 385.111 must include:

      1.  A review and analysis of the data upon which the report required pursuant to NRS 385A.400 is based and a review and analysis of any data that is more recent than the data upon which the report is based.

      2.  The identification of any problems or factors common among the school districts or charter schools in this State, as revealed by the review and analysis.

      3.  Strategies based upon scientifically based research, as defined in 20 U.S.C. § 7801(37), that will strengthen the core academic subjects, as set forth in NRS 389.018.

      4.  Strategies to improve the academic achievement of pupils enrolled in public schools in this State, including, without limitation, strategies to:

      (a) Instruct pupils who are not achieving to their fullest potential, including, without limitation:

             (1) The curriculum appropriate to improve achievement;

             (2) The manner by which the instruction will improve the achievement and proficiency of pupils on the examinations administered pursuant to NRS 390.105 and 390.600 and the college and career readiness assessment administered pursuant to NRS 390.610, including, without limitation, the manner in which remediation will be provided to pupils who require remediation based on the results of an examination administered pursuant to NRS 390.600 and 390.610; and

             (3) An identification of the instruction and curriculum that is specifically designed to improve the achievement and proficiency of pupils in each group identified in the statewide system of accountability for public schools;

      (b) Improve the literacy skills of pupils;

      (c) Improve the development of English language skills and academic achievement of pupils who are limited English proficient;

      (d) Increase the rate of attendance of pupils and reduce the number of pupils who drop out of school;

      (e) Integrate technology into the instructional and administrative programs of the school districts;

      (f) Manage effectively the discipline of pupils; and

      (g) Enhance the professional development offered for the teachers and administrators employed at public schools in this State to include the activities set forth in 20 U.S.C. § 7801(34) and to address the specific needs of the pupils enrolled in public schools in this State, as deemed appropriate by the State Board.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2946 (Chapter 461, SB 391)ê

 

      5.  Strategies designed to provide to the pupils enrolled in middle school, junior high school and high school, the teachers and counselors who provide instruction to those pupils, and the parents and guardians of those pupils information concerning:

      (a) The requirements for admission to an institution of higher education and the opportunities for financial aid;

      (b) The availability of Governor Guinn Millennium Scholarships pursuant to NRS 396.911 to 396.945, inclusive [;] , and Nevada Promise Scholarships pursuant to sections 3 to 17, inclusive, of this act; and

      (c) The need for a pupil to make informed decisions about his or her curriculum in middle school, junior high school and high school in preparation for success after graduation.

      6.  An identification, by category, of the employees of the Department who are responsible for ensuring that each provision of the plan is carried out effectively.

      7.  A timeline for carrying out the plan, including, without limitation:

      (a) The rate of improvement and progress which must be attained annually in meeting the goals and benchmarks established by the State Board pursuant to NRS 385.113; and

      (b) For each provision of the plan, a timeline for carrying out that provision, including, without limitation, a timeline for monitoring whether the provision is carried out effectively.

      8.  For each provision of the plan, measurable criteria for determining whether the provision has contributed toward improving the academic achievement of pupils, increasing the rate of attendance of pupils and reducing the number of pupils who drop out of school.

      9.  Strategies to improve the allocation of resources from this State, by program and by school district, in a manner that will improve the academic achievement of pupils. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this subsection. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this subsection.

      10.  Based upon the reallocation of resources set forth in subsection 9, the resources available to the State Board and the Department to carry out the plan, including, without limitation, a budget for the overall cost of carrying out the plan.

      11.  A summary of the effectiveness of appropriations made by the Legislature to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

      12.  A 5-year strategic plan which identifies the recurring issues in improving the achievement and proficiency of pupils in this State and which establishes strategic goals to address those issues. The 5-year strategic plan must be:

      (a) Based upon the data from previous years which is collected by the Department for the plan developed pursuant to NRS 385.111; and

      (b) Designed to track the progress made in achieving the strategic goals established by the Department.

      13.  Any additional plans addressing the achievement and proficiency of pupils adopted by the Department.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2947 (Chapter 461, SB 391)ê

 

      Sec. 2. Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 17, inclusive, of this act.

      Sec. 3. As used in sections 3 to 17, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 7.5, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4. “Gift aid” means a federal Pell grant, a Federal Supplemental Educational Opportunity Grant, a Governor Guinn Millennium Scholarship awarded pursuant to NRS 396.911 to 396.945, inclusive, or a grant awarded under the Silver State Opportunity Grant Program pursuant to NRS 396.950 to 396.960, inclusive, received by a student.

      Sec. 5. “Local partnering organization” means a nonprofit organization or governmental entity with which a participating community college enters into an agreement pursuant to section 9 of this act.

      Sec. 6. “Nevada Promise Scholarship” means a scholarship awarded by a participating community college pursuant to section 16 of this act.

      Sec. 6.5. “Participating community college” means a community college that has elected pursuant to section 9 of this act to participate in the Nevada Promise Scholarship program established by sections 3 to 17, inclusive, of this act for the applicable school year.

      Sec. 7. “Scholarship recipient” means the recipient of a Nevada Promise Scholarship.

      Sec. 7.5. “School year” means consecutive fall and spring semesters and does not include the summer semester.

      Sec. 8. 1.  The Nevada Promise Scholarship Account is hereby created in the State General Fund. The Account must be administered by the State Treasurer.

      2.  The interest and income earned on:

      (a) The money in the Account, after deducting any applicable charges; and

      (b) Unexpended appropriations made to the Account from the State General Fund,

Ê must be credited to the Account.

      3.  Any money remaining in the Account at the end of a fiscal year, including, without limitation, any unexpended appropriations made to the Account from the State General Fund, does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      4.  The State Treasurer may accept gifts and grants of money from any source for deposit in the Account.

      5.  The money in the Account may only be used to distribute money to participating community colleges for the purpose of awarding Nevada Promise Scholarships to students who are eligible to receive or renew such scholarships under the provisions of sections 12 and 13 of this act.

      Sec. 9. 1.  On or before October 1 of each year, each community college shall:

      (a) Determine whether it will participate in the Nevada Promise Scholarship program established by sections 3 to 17, inclusive, of this act for the immediately following school year; and

      (b) Post on a publicly accessible Internet website maintained by the community college notice of the determination described in paragraph (a).

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2948 (Chapter 461, SB 391)ê

 

      2.  Each community college that elects to participate in the Nevada Promise Scholarship program established by sections 3 to 17, inclusive, of this act for the immediately following school year shall:

      (a) Conduct the activities required by section 10 of this act or enter into an agreement with one or more nonprofit organizations or governmental entities to conduct those activities.

      (b) Allow an applicant or scholarship recipient to appeal any adverse decision concerning his or her eligibility to receive or renew a Nevada Promise Scholarship under the provisions of section 12 or 13 of this act or request a waiver, for good cause, of the requirements of paragraph (c) of subsection 2 of section 13 of this act concerning continuous enrollment. If the participating community college has established a process by which a student may appeal other decisions, the participating community college must use the same process for appealing an adverse decision described in this subsection.

      3.  A participating community college may accept gifts, grants and donations from any source for the purposes of administering the Nevada Promise Scholarship program established by sections 3 to 17, inclusive, of this act.

      Sec. 10. Each participating community college or local partnering organization shall:

      1.  Before December 31 of each year, hold at least one training meeting for each mentor who will participate in the mentoring program established pursuant to subsection 5. The meeting must include instruction concerning Nevada Promise Scholarships awarded pursuant to sections 3 to 17, inclusive, of this act, appropriate relationships between students and mentors, opportunities for students to obtain financial aid, the Free Application for Federal Student Aid, the college application process and the requirements of section 12 of this act.

      2.  Before December 31 of each year, hold at least one training meeting for students who plan to apply or have applied for a Nevada Promise Scholarship for the immediately following school year. The meeting must include instruction concerning Nevada Promise Scholarships awarded pursuant to sections 3 to 17, inclusive, of this act, appropriate relationships between students and mentors, opportunities for students to obtain financial aid, the Free Application for Federal Student Aid, the college application process and the requirements of section 12 of this act.

      3.  Before May 1 of each year, hold at least one training meeting for students who have applied for a Nevada Promise Scholarship for the immediately following school year. The meeting must include instruction concerning orientation at the participating community college, making the transition from high school to college, the requirements of sections 12 and 13 of this act concerning community service and the manner in which a student will be informed of important information relating to his or her scholarship, including, without limitation, whether the student qualifies for a Nevada Promise Scholarship and the amount of the scholarship awarded.

      4.  If a scholarship applicant is unable to attend a meeting held pursuant to subsection 2 or 3 because he or she is required to attend a school-sponsored activity or religious observance or for a documented medical reason, arrange for the applicant to receive the training provided in that meeting as soon as practicable and before the deadline prescribed by subsection 2 or 3, as applicable.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2949 (Chapter 461, SB 391)ê

 

in that meeting as soon as practicable and before the deadline prescribed by subsection 2 or 3, as applicable. If the scholarship applicant is unable to receive the training before the applicable deadline, the applicant must not receive a Nevada Promise Scholarship.

      5.  Establish a mentoring program for scholarship applicants and scholarship recipients that maintains a ratio of at least one mentor for every 10 applicants or recipients and, before December 31 of each year, assign a mentor who meets the requirements of section 11 of this act to each applicant and recipient. If a person serving as a mentor resigns from the mentoring program or cannot serve as a mentor for at least one semester, the participating community college or local partnering organization shall assign another mentor to each scholarship applicant or scholarship recipient for whom the person served as a mentor. The participating community college or local partnering organization shall not assign a person to serve as a mentor to a scholarship applicant or scholarship recipient:

      (a) Whom the person employs; or

      (b) To whom the person is related by consanguinity or affinity within the third degree.

      6.  Maintain a list of community service opportunities available to scholarship applicants and scholarship recipients to allow them to satisfy the requirements of sections 12 and 13 of this act concerning the completion of community service.

      7.  Post the list maintained pursuant to subsection 6 on a publicly available Internet website maintained by the participating community college or local partnering organization.

      Sec. 11. 1.  A person who serves as a mentor in a mentoring program established pursuant to section 10 of this act may not be compensated. A mentor may be an employee of the participating community college or local partnering organization, but must not receive additional compensation for serving as a mentor.

      2.  Each person who serves as a mentor in a mentoring program established pursuant to section 10 of this act and is not employed by the participating community college:

      (a) Must be at least 21 years of age.

      (b) Shall, before serving as a mentor, submit to the participating community college the information requested by the participating community college and written permission authorizing the community college to use the information to obtain a report on the criminal history of the prospective mentor. If the participating community college has entered into an agreement with a local partnering organization pursuant to section 9 of this act, the participating community college shall transmit the report on the criminal history of the prospective mentor to the local partnering organization.

      3.  A participating community college or local partnering organization shall not allow a person to serve as a mentor if the participating community college receives information pursuant to subsection 2 that the person has entered a plea of guilty, guilty but mentally ill or nolo contendere to, been found guilty or guilty but mentally ill of, or been convicted of, in this State or any other jurisdiction, a felony.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2950 (Chapter 461, SB 391)ê

 

      Sec. 12. A student is eligible to receive a Nevada Promise Scholarship for the first school year in which the student is enrolled at a participating community college if the student:

      1.  Is a bona fide resident of this State, as construed in NRS 396.540, is less than 20 years of age and has not previously been awarded an associate’s degree or bachelor’s degree.

      2.  Has obtained:

      (a) A high school diploma awarded by a public or private high school located in this State or public high school that is located in a county that borders this State and accepts pupils who are residents of this State; or

      (b) A general equivalency diploma or equivalent document.

      3.  Is not in default on any federal student loan and does not owe a refund to any federal program to provide aid to students.

      4.  Before November 1 immediately preceding the school year for which the student wishes to receive a Nevada Promise Scholarship, submits an application in the form prescribed by the participating community college.

      5.  On or before April 1 immediately preceding the school year for which the student wishes to receive a Nevada Promise Scholarship, completes the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090.

      6.  Receives an Expected Family Contribution from the United States Department of Education.

      7.  Attends at least one training meeting held by a participating community college or local partnering organization pursuant to subsection 2 of section 10 of this act and at least one such meeting held pursuant to subsection 3 of that section, or arranges to receive the training provided in those meetings at an alternate time pursuant to subsection 4 of that section.

      8.  Before May 1 immediately preceding the school year for which the student wishes to receive a Nevada Promise Scholarship:

      (a) Has met at least once with the mentor assigned to the student pursuant to section 10 of this act.

      (b) Completes at least 20 hours of community service that meets the requirements of section 14 of this act and submits to the participating community college verification of the completion of that community service. The verification must include:

             (1) A description of the community service performed;

             (2) The dates on which the service was performed and the number of hours of service performed on each date;

             (3) The name of the organization for which the service was performed; and

             (4) The name of a person employed by the organization whom the participating community college may contact to verify the information contained in the verification.

      (c) Submits all information deemed necessary by the participating community college to determine the applicant’s eligibility for gift aid.

      9.  Is enrolled in or plans to enroll in at least 12 semester credit hours in an associate’s degree program, a bachelor’s degree program or a certificate of achievement program at a participating community college for each semester of the school year immediately following the school year in which the student was awarded a high school diploma or a general equivalency diploma or equivalent document.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2951 (Chapter 461, SB 391)ê

 

      Sec. 13. 1.  A Nevada Promise Scholarship:

      (a) Must be renewed for each school year for which the scholarship recipient wishes to receive a scholarship; and

      (b) May be renewed for a total of 2 school years, not including the initial school year.

      2.  A scholarship recipient is eligible to renew a Nevada Promise Scholarship if the scholarship recipient:

      (a) Has not been awarded an associate’s degree or bachelor’s degree.

      (b) Except as otherwise provided in this paragraph, is enrolled in or plans to enroll in at least 12 semester credit hours in an associate’s degree program, a bachelor’s degree program or a certificate of achievement program at a participating community college for each semester of the school year for which the student wishes to renew the scholarship. A student who is on schedule to graduate at:

             (1) The end of a semester may enroll in the number of semester credit hours required to graduate.

             (2) The end of the fall semester is not required to enroll in credit hours for the spring semester.

      (c) Has enrolled in and successfully completed at least 12 semester credit hours in an associate’s degree program, a bachelor’s degree program or a certificate of achievement program at a participating community college for each fall and spring semester beginning with the first semester for which the student received a scholarship, unless the student has received a waiver pursuant to section 9 of this act.

      (d) Maintains at least a 2.5 grade point average, on a 4.0 grading scale, or the equivalent of a 2.5 grade point average if a different grading scale is used, for all classes for which the student has been awarded credit at a participating community college, or makes adequate academic progress, as determined by the participating community college.

      (e) Completes the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090 on or before April 1 immediately preceding the school year for which the student wishes to renew the scholarship and receives an Expected Family Contribution from the United States Department of Education.

      (f) Is not in default on any federal student loan and does not owe a refund to any federal program to provide aid to students.

      (g) On or before May 1 immediately preceding the school year for which the student wishes to renew the scholarship:

             (1) Completes 20 hours of community service that meets the requirements of section 14 of this act and submits to the participating community college verification of the completion of that community service. The verification must include:

                   (I) A description of the community service performed;

                   (II) The dates on which the service was performed and the number of hours of service performed on each date;

                   (III) The name of the organization for which the service was performed; and

                   (IV) The name of a person employed by the organization whom the participating community college may contact to verify the information contained in the verification.

             (2) Meets at least twice with the mentor assigned to the student pursuant to section 10 of this act.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2952 (Chapter 461, SB 391)ê

 

             (3) Submits to the participating community college all documentation deemed necessary by the participating community college to determine the applicant’s eligibility for financial aid.

      (h) Before November 1 immediately preceding the school year for which the student wishes to renew the scholarship, submits an application in the form prescribed by the participating community college and all information deemed necessary by the participating community college to determine the applicant’s eligibility for gift aid.

      Sec. 14. 1.  An applicant who knowingly submits false or misleading information to a participating community college or local partnering organization pursuant to section 12 or 13 of this act is ineligible to receive a Nevada Promise Scholarship.

      2.  If a deadline prescribed by section 12 or 13 of this act falls on a Saturday, Sunday or legal holiday, the deadline is the next business day.

      3.  Community service performed to satisfy the requirements of section 12 or 13 of this act must not include religious proselytizing or service for which the student receives any type of compensation or which directly benefits a member of the family of the applicant or student, as applicable.

      Sec. 15.  (Deleted by amendment.)

      Sec. 16. 1.  Each participating community college shall award Nevada Promise Scholarships in accordance with this section to students who are enrolled at the participating community college and are eligible to receive or renew such scholarships under the provisions of sections 12 and 13 of this act.

      2.  On or before July 1 of each year, a participating community college shall:

      (a) Review all timely applications received pursuant to sections 12 and 13 of this act to determine the eligibility of each applicant for a Nevada Promise Scholarship and for gift aid;

      (b) Review information submitted by each eligible applicant to determine the amount of the Nevada Promise Scholarship the student would receive under the provisions of subsection 6 and notify each applicant whether the applicant is eligible to receive a Nevada Promise Scholarship for the immediately following school year; and

      (c) After reviewing applications pursuant to paragraph (a), submit to the State Treasurer the number of students whose applications have been approved and the amount of money that will be required to fund a scholarship for each eligible student pursuant to subsection 6 if no student receives additional gift aid.

      3.  On the date prescribed by regulation of the State Treasurer, a participating community college shall submit a request for a disbursement from the Nevada Promise Scholarship Account created by section 8 of this act in the amount prescribed by subsection 6 for each eligible student.

      4.  A participating community college shall use the money disbursed pursuant to subsection 5 to pay the difference between the amount of the registration fee and other mandatory fees charged to the student by the participating community college for the school year, excluding any amount of those fees that is waived by the participating community college, and the total amount of any other gift aid received by the student for the school year. The community college shall not refund to a student any money disbursed to the participating community college pursuant to subsection 5.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2953 (Chapter 461, SB 391)ê

 

      5.  Within the limits of money available in the Nevada Promise Scholarship Account, the State Treasurer shall disburse to a participating community college the amount requested pursuant to subsection 3. If there is insufficient money in the Account to disburse that amount to each participating community college:

      (a) The State Treasurer shall determine whether there is sufficient money in the Account to disburse the amount requested for all students who applied to renew a Nevada Promise Scholarship and disburse the available money in the Account to each participating community college in the following manner:

             (1) If there is insufficient money in the Account to disburse the amount requested for all students who applied to renew a Nevada Promise Scholarship, the State Treasurer shall not disburse any amount requested for first-time recipients of a Nevada Promise Scholarship and shall disburse money to each participating community college to fund a scholarship for each student who applied to renew a Nevada Promise Scholarship, in the order in which applications were received by the participating community college, until the money in the Account is exhausted; and

             (2) If there is sufficient money in the Account to disburse the amount requested for all students who applied to renew a Nevada Promise Scholarship, the State Treasurer shall first disburse the money requested by each participating community college for all students who applied to renew a Nevada Promise Scholarship and then disburse money to each participating community college to fund a scholarship for each student who applied for the first time to receive a Nevada Promise Scholarship, in the order in which applications were received by the participating community college, until the money in the Account is exhausted.

      (b) The State Treasurer shall provide notice that insufficient money remains in the Nevada Promise Scholarship Account to:

             (1) The Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Education, the Legislative Commission and next regular session of the Legislature; and

             (2) The board of trustees of each school district and the governing body of each charter school in this State. Upon receiving such notice, the board of trustees or governing body, as applicable, shall notify each pupil who is enrolled in a school in the district or the charter school and is on schedule to receive a standard high school diploma at the end of the current school year.

      (c) A participating community college shall award Nevada Promise Scholarships in accordance with the provisions of paragraph (a) in a manner that gives priority first to students applying for renewal of a Nevada Promise Scholarship and then to applications received by the participating community college pursuant to section 12 of this act, in the order in which they were received.

      6.  Within the limits of money available in the Nevada Promise Scholarship Account, the amount of money awarded to a scholarship recipient pursuant to this section must be equal to the difference between the amount of the registration fee and other mandatory fees charged to the student by the participating community college for the school year, excluding any amount of those fees that is waived by the participating community college, and the total amount of any other gift aid received by the student for the school year.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2954 (Chapter 461, SB 391)ê

 

      Sec. 17. 1.  On or before August 1 of each year, the Board of Regents shall:

      (a) Review all Nevada Promise Scholarships awarded for the immediately preceding school year;

      (b) Compile a report for the immediately preceding school year, which must include the number of scholarship recipients, the total cost associated with the award of Nevada Promise Scholarships, the total number of hours of community service performed pursuant to sections 12 and 13 of this act, the overall graduation rate of scholarship recipients, the graduation rate of scholarship recipients enrolled at each participating community college, the overall scholarship retention rate and the scholarship retention rate for students at each participating community college; and

      (c) Submit the report to the Director of the Legislative Counsel Bureau for transmittal to:

             (1) In even-numbered years, the next regular session of the Legislature; and

             (2) In odd-numbered years, the Legislative Committee on Education.

      2.  A participating community college shall maintain a record for each scholarship recipient for at least 3 years after the end of the final school year for which he or she receives a scholarship. Such a record must include:

      (a) The name of the scholarship recipient;

      (b) The total amount of money awarded to the scholarship recipient and the amount of money awarded to the scholarship recipient each school year;

      (c) The courses in which the scholarship recipient enrolled and the courses completed by the scholarship recipient;

      (d) The grades received by the scholarship recipient;

      (e) Whether the scholarship recipient is currently enrolled in the participating community college and, if not, whether he or she earned an associate’s degree, a bachelor’s degree or a certificate of achievement; and

      (f) The records of community service submitted by the scholarship recipient pursuant to sections 12 and 13 of this act.

      3.  Except as otherwise provided in this section, the Board of Regents and the State Treasurer may at any time audit the practices used by a participating community college or local partnering organization to carry out the provisions of sections 3 to 17, inclusive, of this act. The Board of Regents and State Treasurer shall not conduct an audit less than 6 months after the most recently conducted audit.

      4.  A participating community college shall provide the Board of Regents and the State Treasurer with access to the records maintained pursuant to subsection 2 for the purposes of an annual report compiled pursuant to subsection 1 or an audit conducted pursuant to subsection 3. Those records are otherwise confidential and are not public records.

      5.  As used in this section, “scholarship retention rate” means the percentage of scholarship recipients for the school year immediately preceding the school year to which a report compiled pursuant to subsection 1 pertains who did not graduate by the end of that school year and who also received a Nevada Promise Scholarship for the school year to which the report pertains.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2955 (Chapter 461, SB 391)ê

 

      Sec. 18. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 41.071, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 130.712, 136.050, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2956 (Chapter 461, SB 391)ê

 

661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 17 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

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

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

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

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

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

      Sec. 18.3.  There is hereby appropriated from the State General Fund to the Nevada Promise Scholarship Account created by section 8 of this act for the Fiscal Year 2018-2019 the sum of $3,500,000 for the purpose of awarding Nevada Promise Scholarships pursuant to sections 3 to 17, inclusive, of this act.

      Sec. 18.5.  1.  Notwithstanding the provisions of section 17 of this act, the initial report compiled by the Board of Regents of the University of Nevada pursuant to subsection 1 of section 17 of this act:

      (a) Must be submitted on or before August 1, 2019, and must provide information concerning the 2017-2018 school year; and

      (b) Is not required to include the overall graduation rate of scholarship recipients, the graduation rate of scholarship recipients enrolled at each participating community college, the overall scholarship retention rate or the scholarship retention rate for students at each participating community college.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2957 (Chapter 461, SB 391)ê

 

      2.  As used in this section, “participating community college” has the meaning ascribed to it in section 6.5 of this act.

      Sec. 19.  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. 20.  1.  This section and sections 1 to 15, inclusive, and 17, 18, 18.5 and 19 of this act become effective upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act and on July 1, 2017, for all other purposes.

      2.  Section 18.3 of this act becomes effective on July 1, 2017.

      3.  Section 16 of this act becomes effective upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act and on July 1, 2018, for all other purposes.

________

CHAPTER 462, SB 444

Senate Bill No. 444–Committee on Finance

 

CHAPTER 462

 

[Approved: June 8, 2017]

 

AN ACT making an appropriation to the Department of Veterans Services to provide financial assistance and support for the Adopt a Vet Dental Program; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to Department of Veterans Services to provide financial assistance and support for the Adopt a Vet Dental Program the following sums:

For the Fiscal Year 2017-2018.................................................... $174,981

For the Fiscal Year 2018-2019.................................................... $174,981

      Sec. 2.  Any balance of the sums appropriated by section 1 of this act remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 21, 2018, and September 20, 2019, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 21, 2018, and September 20, 2019, respectively.

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

________

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2958ê

 

CHAPTER 463, SB 445

Senate Bill No. 445–Committee on Finance

 

CHAPTER 463

 

[Approved: June 8, 2017]

 

AN ACT making an appropriation to the Eighth Judicial District Court for a Veterans Court Coordinator; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Eighth Judicial District Court of the State of Nevada the sum of $98,356 for the salary of a Veterans Court Coordinator.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

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

________

CHAPTER 464, SB 543

Senate Bill No. 543–Committee on Finance

 

CHAPTER 464

 

[Approved: June 8, 2017]

 

AN ACT making an appropriation to the Lou Ruvo Center for Brain Health; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1. There is hereby appropriated from the State General Fund to the Lou Ruvo Center for Brain Health the sum of $2,000,000 for research, clinical studies, operations and educational programs at the Center.

      2.  Upon acceptance of the money appropriated by subsection 1, the Lou Ruvo Center for Brain Health agrees to:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 21, 2018, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Lou Ruvo Center for Brain Health through December 1, 2018;

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2959 (Chapter 464, SB 543)ê

 

money appropriated by subsection 1 from the date on which the money was received by the Lou Ruvo Center for Brain Health through December 1, 2018;

      (b) Prepare and transmit a final report to the Interim Finance Committee on or before September 20, 2019, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Lou Ruvo Center for Brain Health through June 30, 2019; and

      (c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Lou Ruvo Center for Brain Health, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated by subsection 1.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

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

________

CHAPTER 465, SB 549

Senate Bill No. 549–Committee on Finance

 

CHAPTER 465

 

[Approved: June 8, 2017]

 

AN ACT making an appropriation to the Division of State Library, Archives and Public Records of the Department of Administration for certain projects, services and technology; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Division of State Library, Archives and Public Records of the Department of Administration the sum of $500,000 for library collection development, bookmobile services, statewide databases and emerging technology.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2960 (Chapter 465, SB 549)ê

 

portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

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

________

CHAPTER 466, SB 550

Senate Bill No. 550–Committee on Finance

 

CHAPTER 466

 

[Approved: June 8, 2017]

 

AN ACT relating to financial administration; creating a disbursement account for administration by the Legislative Counsel Bureau; making an appropriation to the disbursement account for costs relating to a human resource management information system for the Clark County School District; making an appropriation to the Washoe County School District for certain expenses; making an appropriation to the Nevada Alliance of Boys and Girls Clubs, Inc. for certain grants; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1. There is hereby created in the State General Fund a disbursement account to be administered by the Legislative Counsel Bureau.

      2.  Money appropriated to the disbursement account must be allocated to the Clark County School District pursuant to section 2 of this act from time to time upon submittal by the School District to the Legislative Counsel Bureau of an appropriate request for an allocation that is based on costs incurred for a human resource management information system for the School District.

      Sec. 2.  1. There is hereby appropriated from the State General Fund to the disbursement account created by section 1 of this act the sum of $17,000,000 for costs relating to a human resource management information system for the Clark County School District.

      2.  Upon acceptance of the first allocation of money appropriated by subsection 1, the Superintendent of the Clark County School District agrees to:

      (a) Prepare and transmit progress reports to the Interim Finance Committee at 6-month intervals that describe each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the School District through December 31, 2020;

      (b) Prepare and transmit a final report to the Interim Finance Committee on or before September 17, 2021, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the School District through June 30, 2021; and

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2961 (Chapter 466, SB 550)ê

 

the money appropriated by subsection 1 from the date on which the money was received by the School District through June 30, 2021; and

      (c)Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the School District, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated by subsection 1.

      Sec. 3.  Any remaining balance of the appropriation made by section 2 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

      Sec. 3.1. The State Controller shall transfer from the Account to Stabilize the Operation of the State Government created by NRS 353.288 to the State General Fund the sum of $5,000,000 for unrestricted State General Fund use.

      Sec. 3.3. There is hereby appropriated from the State General Fund to the Washoe County School District the sum of $5,000,000 in Fiscal Year 2017-2018 for expenses related to information technology, buses and school police vehicles.

      Sec. 3.5. Any remaining balance of the appropriation made by section 3.3 of this act must not be committed for expenditure after June 30, 2018, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 21, 2018, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 21, 2018.

      Sec. 3.7. 1.  There is hereby appropriated from the State General Fund to the Nevada Alliance of Boys and Girls Clubs, Inc. the following sums:

For the Fiscal Year 2017-2018................................................. $1,000,000

For the Fiscal Year 2018-2019................................................. $1,000,000

      2.  A Boys and Girls Club operating in this State may apply to the Nevada Alliance of Boys and Girls Clubs, Inc. for a grant of money from the appropriation made by subsection 1 to provide educational and life skills training.

      3.  Upon acceptance of the money appropriated by subsection 1, the Nevada Alliance of Boys and Girls Clubs, Inc. agrees to:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 21, 2018, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Alliance of Boys and Girls Clubs, Inc. through December 1, 2018.

      (b) Prepare and transmit a final report to the Interim Finance Committee on or before September 20, 2019, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Alliance of Boys and Girls Clubs, Inc.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2962 (Chapter 466, SB 550)ê

 

the money appropriated by subsection 1 from the date on which the money was received by the Nevada Alliance of Boys and Girls Clubs, Inc. through June 30, 2019; and

      (c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Nevada Alliance of Boys and Girls Clubs, Inc., regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated by subsection 1.

      Sec. 3.9.  The sums appropriated by section 3.7 of this act are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 4.  1.  This section and sections 1, 2 and 3 of this act become effective upon passage and approval.

      2.  Sections 3.1 to 3.9, inclusive, of this act become effective on July 1, 2017.

________

CHAPTER 467, SB 503

Senate Bill No. 503–Committee on Finance

 

CHAPTER 467

 

[Approved: June 8, 2017]

 

AN ACT making an appropriation to the Account for the Channel Clearance, Maintenance, Restoration, Surveying and Monumenting Program; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Account for the Channel Clearance, Maintenance, Restoration, Surveying and Monumenting Program created by NRS 532.230 the sum of $250,000 to replenish the balance of the Account.

      Sec. 2. (Deleted by amendment.)

      Sec. 3.  This act becomes effective upon passage and approval.

________

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2963ê

 

CHAPTER 468, SB 522

Senate Bill No. 522–Committee on Finance

 

CHAPTER 468

 

[Approved: June 8, 2017]

 

AN ACT making a supplemental appropriation to the State Distributive School Account for an unanticipated shortfall in local school support tax revenues and an increase in K-12 enrollment for the 2015-2016 and 2016-2017 school years; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the State Distributive School Account created by NRS 387.030 the sum of $62,194,642 for an unanticipated shortfall in local school support tax revenues and an increase in K-12 enrollment for the 2015-2016 and 2016-2017 school years. This appropriation is supplemental to that made by section 7 of chapter 537, Statutes of Nevada 2015, at page 3740.

      Sec. 2.  This act becomes effective upon passage and approval.

________

CHAPTER 469, SB 527

Senate Bill No. 527–Committee on Finance

 

CHAPTER 469

 

[Approved: June 8, 2017]

 

AN ACT making a supplemental appropriation to the Nevada Supreme Court for a projected shortfall related to judicial selection processes; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Nevada Supreme Court the sum of $5,000 for a projected shortfall related to judicial selection processes. This appropriation is supplemental to that made by section 11 of chapter 534, Statutes of Nevada 2015, at page 3670.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2964ê

 

CHAPTER 470, SB 528

Senate Bill No. 528–Committee on Finance

 

CHAPTER 470

 

[Approved: June 8, 2017]

 

AN ACT making an appropriation to the Fund for Aviation for the enlargement, improvement or maintenance of rural airports, landing areas or air navigation facilities in Nevada; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Fund for Aviation created by NRS 494.048 for the enlargement, improvement or maintenance of rural airports, landing areas or air navigation facilities in Nevada the following sums:

For the Fiscal Year 2017-2018.................................................... $100,000

For the Fiscal Year 2018-2019.................................................... $100,000

      2.  The money appropriated by subsection 1 must be used by rural airports to match money that is available from the Federal Aviation Administration.

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

________

CHAPTER 471, SB 529

Senate Bill No. 529–Committee on Finance

 

CHAPTER 471

 

[Approved: June 8, 2017]

 

AN ACT making an appropriation to the Division of Emergency Management of the Department of Public Safety for the costs associated with emergency responses to flood events that occurred in 2017; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Division of Emergency Management of the Department of Public Safety the sum of $2,441,115 for the costs associated with emergency responses to flood events that occurred in 2017.

 

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2965 (Chapter 471, SB 529)ê

 

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 3.  This act becomes effective upon passage and approval.

________

CHAPTER 472, SB 530

Senate Bill No. 530–Committee on Finance

 

CHAPTER 472

 

[Approved: June 8, 2017]

 

AN ACT making an appropriation to the Division of Health Care Financing and Policy of the Department of Health and Human Services for the completion of the Medicaid Management Information System modernization project; authorizing the expenditure of certain money by the Division for the same purpose; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services the sum of $3,683,512 for the completion of the Medicaid Management Information System modernization project.

      2.  Expenditure of $24,370,876 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2017-2018 and Fiscal Year 2018-2019 by the Division for the same purpose as set forth in subsection 1.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2966ê

 

CHAPTER 473, SB 531

Senate Bill No. 531–Committee on Finance

 

CHAPTER 473

 

[Approved: June 8, 2017]

 

AN ACT making appropriations to the Aging and Disability Services Division of the Department of Health and Human Services for deferred maintenance projects at the Desert Regional Center and for changing the information system platform for early intervention services; authorizing the expenditure of certain money by the Division for changing the information system platform for early intervention services; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Aging and Disability Services Division of the Department of Health and Human Services the sum of $453,533 for deferred maintenance projects at the Desert Regional Center essential for the security and operation of the Center.

      Sec. 2.  1.  There is hereby appropriated from the State General Fund to the Aging and Disability Services Division of the Department of Health and Human Services the sum of $454,915 to move the early intervention services program to an information system platform that is used by other programs within the Division.

      2.  Expenditure of $221,825 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2017-2018 and Fiscal Year 2018-2019 by the Division for the same purposes as set forth in subsection 1.

      Sec. 3.  Any remaining balance of the appropriations made by sections 1 and 2 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

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

________

 

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2967ê

 

CHAPTER 474, SB 532

Senate Bill No. 532–Committee on Finance

 

CHAPTER 474

 

[Approved: June 8, 2017]

 

AN ACT making appropriations to the Division of Public and Behavioral Health of the Department of Health and Human Services for a laboratory information system for the Southern Nevada Adult Mental Health Services and for an integrated medication management system for the Department; and providing other matters properly relating thereto.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Division of Public and Behavioral Health of the Department of Health and Human Services the sum of $293,774 for a laboratory information system to support on-site medical laboratory testing for the Southern Nevada Adult Mental Health Services.

      Sec. 2.  There is hereby appropriated from the State General Fund to the Division of Public and Behavioral Health of the Department of Health and Human Services the sum of $1,653,039 for an integrated medication management system for the Department.

      Sec. 3.  Any remaining balance of the appropriations made by sections 1 and 2 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

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

________

 

 

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2968ê

 

CHAPTER 475, SB 537

Senate Bill No. 537–Committee on Finance

 

CHAPTER 475

 

[Approved: June 8, 2017]

 

AN ACT making appropriations to the Division of Forestry of the State Department of Conservation and Natural Resources for certain equipment, a vehicle and certain deferred maintenance projects; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Division of Forestry of the State Department of Conservation and Natural Resources the sum of $314,008 for a rescue hoist for the Air Operations Program.

      2.  There is hereby appropriated from the State General Fund to the Division of Forestry of the State Department of Conservation and Natural Resources the sum of $149,249 for a helitack mechanic truck to increase the likelihood of initial attack success during an ongoing drought.

      3.  There is hereby appropriated from the State General Fund to the Division of Forestry of the State Department of Conservation and Natural Resources the sum of $472,650 for deferred maintenance projects focused on life and safety issues and critical asset preservation.

      4.  There is hereby appropriated from the State General Fund to the Division of Forestry of the State Department of Conservation and Natural Resources for the forestry conservation camps the sum of $348,004 for deferred maintenance projects focused on life and safety issues and critical asset preservation.

      Sec. 2.  Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2969ê

 

CHAPTER 476, SB 551

Senate Bill No. 551–Committee on Finance

 

CHAPTER 476

 

[Approved: June 8, 2017]

 

AN ACT relating to programs for public personnel; establishing for the 2017-2019 biennium the subsidies to be paid to the Public Employees’ Benefits Program for insurance for certain active and retired public officers and employees; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the State and local governments are required to pay a portion of the cost of coverage under the Public Employees’ Benefits Program for certain active and retired public officer and employees. (NRS 287.023, 287.044, 287.0445, 287.046) Section 1 of this bill establishes the amount of the State’s share of the costs of premiums or contributions for group insurance for active state officers and employees who participate in the Public Employees’ Benefits Program. Section 2 of this bill establishes the base amount for the share of the costs of premiums or contributions for group insurance under the Program that is required to be paid by the State and local governments for retired public officers and employees. Section 2 also establishes the share of the cost of qualified medical expenses for individual Medicare insurance plans through the Program that is required to be paid by the State and local governments for retired public officers and employees.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  For the purposes of NRS 287.044 and 287.0445, the State’s share of the cost of premiums or contributions for group insurance for each active state officer or employee who elects to participate in the Public Employees’ Benefits Program is:

      (a) For the Fiscal Year 2017-2018, $743.00 per month.

      (b) For the Fiscal Year 2018-2019, $740.92 per month.

      2.  If the amount of the State’s share pursuant to this section exceeds the actual premium or contribution for the plan of the Public Employees’ Benefits Program that the state officer or employee selects less any amount paid by the state officer or employee toward the premium or contribution, the balance must be credited to the Fund for the Public Employees’ Benefits Program created by NRS 287.0435, which may be used to pay a portion of the premiums or contributions for persons who are eligible to participate in the Public Employees’ Benefits Program through such a state officer or employee.

 

 

 

 

 

 

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2970 (Chapter 476, SB 551)ê

 

      Sec. 2.  1.  Except as otherwise provided in subsection 2, for the purposes of NRS 287.023 and 287.046, the base amount for the share of the cost of premiums or contributions for group insurance for each person who has retired with state service and continues to participate in the Public Employees’ Benefits Program to be paid by the State or a local government, as applicable, is:

      (a) For the Fiscal Year 2017-2018, $445.03 per month.

      (b) For the Fiscal Year 2018-2019, $451.23 per month.

      2.  For the purposes of NRS 287.023 and 287.046, the share of the cost of qualified medical expenses for each person who has retired with state service and whose coverage is provided through the Public Employees’ Benefits Program by an individual medical plan offered pursuant to the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., for Fiscal Year 2017-2018 and Fiscal Year 2018-2019 to be paid by the State or a local government, as applicable, is:

      (a) For those persons who retired before January 1, 1994:

             (1) For the Fiscal Year 2017-2018, $180.00 per month.

             (2) For the Fiscal Year 2018-2019, $180.00 per month.

      (b) For those persons who retired on or after January 1, 1994:

             (1) For the Fiscal Year 2017-2018, $12.00 per month per year of service, up to 20 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, up to a maximum of $240.00 per month.

             (2) For the Fiscal Year 2018-2019, $12.00 per month per year of service, up to 20 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, up to a maximum of $240.00 per month.

      3.  If the amount calculated pursuant to this section exceeds the actual premium or contribution for the plan of the Public Employees’ Benefits Program that the retired participant selects, the balance must be credited to the Fund for the Public Employees’ Benefits Program created by NRS 287.0435.

      Sec. 2.5.  Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after June 1, 2017.

      Sec. 3.  1.  This section and section 2.5 of this act become effective upon passage and approval.

      2.  Sections 1 and 2 become effective on July 1, 2017.

________

 

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2971ê

 

CHAPTER 477, AB 395

Assembly Bill No. 395–Assemblymen Frierson, Ohrenschall and Benitez-Thompson

 

CHAPTER 477

 

[Approved: June 8, 2017]

 

AN ACT relating to crimes; revising provisions governing registration and community notification of juveniles adjudicated delinquent for committing certain sexual offenses; revising provisions concerning the release of certain information relating to a child subject to the jurisdiction of the juvenile court; revising provisions concerning the penalty for acts of open or gross lewdness or open and indecent or obscene exposure committed in the presence of a child or a vulnerable person; providing a penalty; making appropriations; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that a child who is adjudicated delinquent for committing certain sexual offenses and who was 14 years of age or older at the time of the commission of the sexual offense is required to register as a sex offender in the same manner as an adult and is subject to community notification. (NRS 62F.220, 179D.0559, 179D.095) In addition, existing law prohibits the sealing of records relating to a child while the child is subject to registration and community notification as a juvenile sex offender. (NRS 62F.260) Sections 19, 20 and 36 of this bill remove and repeal those provisions, and sections 4-14 of this bill enact provisions governing the registration and community notification of juvenile sex offenders.

      Sections 5 and 8 include certain offenses, called “aggravated sexual offenses,” in the list of sexual offenses for which registration and community notification as a juvenile sex offender is required. Section 9 provides that a child who is adjudicated delinquent for committing certain sexual offenses and who was 14 years of age or older at the time of the commission of the sexual offense must: (1) register as a sex offender with the juvenile court, the juvenile probation department or the Youth Parole Bureau of the Division of Child and Family Services of the Department of Health and Human Services, whichever entity is determined to be the appropriate entity by the juvenile court; and (2) update his or her registration information not later than 48 hours after certain changes to that information. Section 9 also requires: (1) the juvenile court to order the parent or guardian of the child to ensure that the child complies with the requirements for registration as a sex offender; and (2) the parent or guardian of the child to notify the entity with which the child is registered as a sex offender and, if appropriate, the local law enforcement agency if the child runs away or otherwise leaves the placement for the child approved by the juvenile court.

      Under section 10, the juvenile court is required to: (1) notify the Central Repository for Nevada Records of Criminal History when a child is adjudicated delinquent for certain sexual offenses so that the Central Repository may carry out the provisions of law governing the registration of the child as a sex offender; and (2) inform the child and his or her parent or guardian that the child is subject to certain requirements for registration and community notification applicable to sex offenders. Section 10 further prohibits the juvenile court from terminating its jurisdiction over the child until the juvenile court relieves the child from the requirement to register as a sex offender or orders that the child continue to be subject to registration and community notification after the child becomes 21 years of age.

 

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2972 (Chapter 477, AB 395)ê

 

      Section 11 provides that upon a motion by a child, a judge of the juvenile court may exempt the child from the requirements for community notification applicable to sex offenders or exclude the child from placement on the community notification website, or both. Under section 11, the judge may not exempt a child from community notification or exclude the child from the community notification website if the child is adjudicated delinquent for certain aggravated sexual offenses. The judge must hold a hearing on such a motion and must not exempt the child from community notification or exclude the child from the community notification website unless, at the hearing, the judge finds by clear and convincing evidence that the child is not likely to pose a threat to the safety of others. Section 11 further authorizes the judge to reconsider his or her decision on a motion after considering certain factors. Finally, if the judge exempts a child from community notification or excludes the child from placement on the community notification website, or both, the judge must notify the Central Repository and the child must not be subject to community notification or be placed on the community notification website.

      Section 12 requires a judge of the juvenile court to hold a hearing when the child reaches 21 years of age or on a date reasonably near that date. If the judge finds by clear and convincing evidence that the child has been rehabilitated and does not pose a threat to the safety of others, the judge must relieve the child from the requirement for registration and community notification as a sex offender. However, if the judge determines that the child has not been rehabilitated or poses a threat to the safety of others, the judge must order that the child is subject to registration and community notification in the manner provided for adult sex offenders. Section 13 provides that the juvenile court may not refer to a master any finding, determination or other act required to be made by the juvenile court pursuant to sections 11 and 12.

      Existing law authorizes a director of juvenile services and the Youth Parole Bureau to release certain information concerning a child who is within the purview of the juvenile court to certain other persons involved in the juvenile justice system. To release such information to a school district, a director of juvenile services or the Youth Parole Bureau must enter into a written agreement with the school district for the sharing of the information. (NRS 62H.025) Section 15 of this bill: (1) revises the list of persons to whom a director of juvenile services and the Youth Parole Bureau may release information to include a law enforcement agency engaged in a criminal investigation or delinquency proceeding or involved in a situation concerning a child who is a threat to himself or herself or to the safety of others; and (2) authorizes a director of juvenile services and the Youth Parole Bureau to release information to a school district only if the written agreement with the school district provides for the sharing of data from the educational record of the child.

      Existing law provides that a person who commits any act of open or gross lewdness or who makes any open and indecent or obscene exposure of his or her person, or of the person of another, is guilty of: (1) a gross misdemeanor for the first offense; and (2) a category D felony for any subsequent offense or for any offense committed after the offender has previously been convicted of a sexual offense. Existing law also provides that if a person commits any such offense in the presence of a child under the age of 18 years or a vulnerable person, the person is guilty of a category D felony. (NRS 201.210, 201.220) Sections 23 and 24 of this bill provide that the increased penalty for committing the offense in the presence of a child under the age of 18 years or a vulnerable person does not apply if the person committing the offense is under the age of 18 years.

      Sections 25-35 of this bill appropriate certain sums of money to each judicial district in this State, and require that money be used for certain programs for juveniles in those judicial districts.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2973 (Chapter 477, AB 395)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 62A.030 is hereby amended to read as follows:

      62A.030  1.  “Child” means:

      (a) A person who is less than 18 years of age;

      (b) A person who is less than 21 years of age and subject to the jurisdiction of the juvenile court for an unlawful act that was committed before the person reached 18 years of age; or

      (c) A person who is otherwise subject to the jurisdiction of the juvenile court as a juvenile sex offender pursuant to the provisions of [NRS 62F.200, 62F.220 and 62F.260.] sections 4 to 14, inclusive, of this act.

      2.  The term does not include:

      (a) A person who is excluded from the jurisdiction of the juvenile court pursuant to NRS 62B.330;

      (b) A person who is transferred to the district court for criminal proceedings as an adult pursuant to NRS 62B.335; or

      (c) A person who is certified for criminal proceedings as an adult pursuant to NRS 62B.390 or 62B.400.

      Sec. 2. NRS 62B.410 is hereby amended to read as follows:

      62B.410  Except as otherwise provided in NRS 62F.110 and [62F.220,] sections 10 and 12 of this act, if a child is subject to the jurisdiction of the juvenile court, the juvenile court:

      1.  May terminate its jurisdiction concerning the child at any time, either on its own volition or for good cause shown; or

      2.  May retain jurisdiction over the child until the child reaches 21 years of age.

      Sec. 3. Chapter 62F of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 14, inclusive, of this act.

      Sec. 4. As used in sections 4 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 5. “Aggravated sexual offense” means:

      1.  Battery with intent to commit sexual assault pursuant to NRS 200.400;

      2.  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 listed in NRS 179D.097;

      3.  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 listed in NRS 179D.097;

      4.  An offense listed in NRS 179D.097, if the offense is subject to the additional penalty set forth in NRS 193.165;

      5.  An offense listed in NRS 179D.097, if the offense results in substantial bodily harm to the victim;

      6.  Any sexual offense if the juvenile has previously been adjudicated delinquent, or placed under the supervision of the juvenile court pursuant to NRS 62C.230, for a sexual offense; or

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2974 (Chapter 477, AB 395)ê

 

      7.  An attempt or conspiracy to commit an offense listed in this section.

      Sec. 6. “Community notification” means notification of a community pursuant to the provisions of NRS 179D.475.

      Sec. 7. “Community notification website” has the meaning ascribed to it in NRS 179B.023.

      Sec. 8. 1.  “Sexual offense” means:

      (a) Sexual assault pursuant to NRS 200.366;

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

      (c) Lewdness with a child pursuant to NRS 201.230;

      (d) An attempt or conspiracy to commit an offense listed in paragraph (a), (b) or (c), if punishable as a felony;

      (e) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193; or

      (f) An aggravated sexual offense.

      2.  The term does not include an offense involving consensual sexual conduct if the victim was:

      (a) An adult, unless the adult was under the custodial authority of the offender at the time of the offense; or

      (b) At least 13 years of age and the offender was not more than 4 years older than the victim at the time of the commission of the offense.

      Sec. 9. 1.  Notwithstanding any other provision of law, a child who is adjudicated delinquent for an unlawful act that would have been a sexual offense if committed by an adult and who was 14 years of age or older at the time of the commission of the unlawful act shall:

      (a) Register initially, as required by NRS 179D.445, with the juvenile court, the director of juvenile services or the Youth Parole Bureau in the jurisdiction in which the child was adjudicated, as determined by the juvenile court; and

      (b) Not later than 48 hours after a change of his or her name, residence, employment or student status, the issuance of or a change to the driver’s license or identification card issued to the child by this State or any other jurisdiction, or a change in the description of the motor vehicle registered to or frequently driven by the child, if any, update the juvenile court, the director of juvenile services or the Youth Parole Bureau, as applicable, of such a change.

      2.  The juvenile court shall order the parent or guardian of a child who is subject to the requirements of subsection 1 to:

      (a) Ensure that while the child is subject to the jurisdiction of the juvenile court, the child complies with the requirements of subsection 1; and

      (b) If the child runs away or otherwise leaves the placement for the child approved by the juvenile court, inform the juvenile court, the director of juvenile services or the Youth Parole Bureau, as applicable, that the child has run away or otherwise left the placement and, if appropriate, make a report to the local law enforcement agency of the jurisdiction in which the child was placed.

      3.  The juvenile court, director of juvenile services or Youth Parole Bureau, as applicable, shall immediately provide the information provided by a child or the parent or guardian of a child pursuant to subsection 1 or 2 to the Central Repository.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2975 (Chapter 477, AB 395)ê

 

      Sec. 10. 1.  In addition to any other action authorized or required pursuant to the provisions of this title, if a child is adjudicated delinquent for an unlawful act that would have been a sexual offense if committed by an adult and was 14 years of age or older at the time of the commission of the unlawful act, the juvenile court shall:

      (a) Notify the Central Repository of the adjudication so that the Central Repository may carry out the provisions for registration and community notification of the child pursuant to NRS 179D.010 to 179D.550, inclusive, and sections 4 to 14, inclusive, of this act.

      (b) Inform the child and the parent or guardian of the child that the child is subject to registration and community notification pursuant to NRS 179D.010 to 179D.550, inclusive, and sections 4 to 14, inclusive, of this act.

      2.  The juvenile court may not terminate its jurisdiction over the child for the purposes of carrying out the provisions of sections 4 to 14, inclusive, of this act until the juvenile court, pursuant to section 12 of this act, has relieved the child from being subject to the requirements for registration and community notification pursuant to NRS 179D.010 to 179D.550, inclusive, or ordered that the child is subject to registration and community notification pursuant to NRS 179D.010 to 179D.550, inclusive.

      Sec. 11. 1.  Notwithstanding any other provision of law and except as otherwise provided in this subsection, upon a motion by a child, the juvenile court may exempt the child from community notification or exclude the child from placement on the community notification website, or both, if the juvenile court finds by clear and convincing evidence that the child is not likely to pose a threat to the safety of others. The juvenile court shall not exempt a child from community notification or exclude the child from placement on the community notification website if the child is adjudicated delinquent for committing an aggravated sexual offense.

      2.  At the hearing held on a motion pursuant to this section, the juvenile court may consider any evidence, reports, statements or other material which the juvenile court determines is relevant and helpful to determine whether to grant the motion.

      3.  In determining at the hearing whether the child is likely to pose a threat to the safety of others, the juvenile court shall consider the following factors:

      (a) The number, date, nature and gravity of the act or acts committed by the child, including, without limitation, whether the act or acts were characterized by repetitive and compulsive behavior.

      (b) The family controls in place over the child.

      (c) The plan for providing counseling, therapy or treatment to the child.

      (d) The history of the child with the juvenile court, including, without limitation, reports concerning any unlawful acts which the child has admitted committing, any acts for which the juvenile court placed the child under a supervision and consent decree pursuant to NRS 62C.230 and any prior adjudication of delinquency or need of supervision.

      (e) The results of any psychological or psychiatric profiles of the child and whether those profiles indicate a risk of recidivism.

      (f) Any physical conditions that minimize the risk of recidivism, including, without limitation, physical disability or illness.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2976 (Chapter 477, AB 395)ê

 

      (g) The impact of the unlawful act on the victim and any statements made by the victim.

      (h) The safety of the community and the need to protect the public.

      (i) The impact that registration and community notification pursuant to NRS 179D.010 to 179D.550, inclusive, and sections 4 to 14, inclusive, of this act will have on the treatment of the child.

      (j) Any other factor that the juvenile court finds relevant to the determination of whether the child is likely to pose a threat to the safety of others.

      4.  If the juvenile court exempts a child from community notification or excludes a child from placement on the community notification website, or both, the juvenile court shall notify the Central Repository so that the Central Repository may carry out the determination of the juvenile court.

      5.  Upon good cause shown, the juvenile court may reconsider the granting or denial of a motion pursuant to this section, and reverse, modify or affirm its determination. In determining whether to reverse, modify or affirm its determination, the juvenile court:

      (a) Shall consider:

             (1) The factors set forth in subsection 3;

             (2) The extent to which the child has received counseling, therapy or treatment and the response of the child to any such counseling, therapy or treatment; and

             (3) The behavior of the child while subject to the jurisdiction of the juvenile court, including, without limitation, the behavior of the child during any period of confinement.

      (b) Shall not exempt a child from community notification or exclude a child from placement on the community notification website unless the juvenile court finds by clear and convincing evidence that the child is not likely to pose a threat to the safety of others.

      Sec. 12. Except as otherwise provided in sections 4 to 14, inclusive, of this act:

      1.  If a child has been adjudicated delinquent for a sexual offense, the juvenile court shall hold a hearing when the child reaches 21 years of age, or at a time reasonably near the date on which the child reaches 21 years of age, to determine whether the child should be subject to registration and community notification pursuant to NRS 179D.010 to 179D.550, inclusive.

      2.  At the hearing pursuant to this section, the juvenile court may consider any evidence, reports, statements or other material which the juvenile court determines is relevant and helpful to determine whether the child has been rehabilitated to the satisfaction of the juvenile court and is not likely to pose a threat to the safety of others.

      3.  If the juvenile court finds by clear and convincing evidence at the hearing that the child has been rehabilitated to the satisfaction of the juvenile court and that the child is not likely to pose a threat to the safety of others, the juvenile court may relieve the child from being subject to registration and community notification pursuant to NRS 179D.010 to 179D.550, inclusive.

      4.  If, pursuant to subsection 3, the juvenile court does not relieve the child from being subject to registration and community notification pursuant to NRS 179D.010 to 179D.550, inclusive, the juvenile court shall:

      (a) Order that the child is subject to registration and community notification pursuant to NRS 179D.010 to 179D.550, inclusive;

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2977 (Chapter 477, AB 395)ê

 

      (b) Notify the Central Repository of the adjudication of the child and the determination of the juvenile court that the child should be subject to registration and community notification pursuant to NRS 179D.010 to 179D.550, inclusive, so that the Central Repository may carry out the provisions for registration and community notification pursuant to those sections; and

      (c) Inform the child that he or she is subject to registration and community notification pursuant to NRS 179D.010 to 179D.550, inclusive.

      5.  In determining at the hearing whether the child has been rehabilitated to the satisfaction of the juvenile court or is likely to pose a threat to the safety of others, the juvenile court shall consider the following factors:

      (a) The number, date, nature and gravity of the act or acts committed by the child, including, without limitation, whether the act or acts were characterized by repetitive and compulsive behavior.

      (b) The extent to which the child has received counseling, therapy or treatment, and the response of the child to any such counseling, therapy or treatment.

      (c) Whether psychological or psychiatric profiles indicate a risk of recidivism.

      (d) The behavior of the child while subject to the jurisdiction of the juvenile court, including, without limitation, the behavior of the child during any period of confinement.

      (e) Whether the child has made any recent threats against a person or expressed any intent to commit any crimes in the future.

      (f) Any physical conditions that minimize the risk of recidivism, including, without limitation, physical disability or illness.

      (g) The impact of the unlawful act on the victim and any statements made by the victim.

      (h) The safety of the community and the need to protect the public.

      (i) Any other factor that the juvenile court finds relevant to the determination of whether the child has been rehabilitated to the satisfaction of the juvenile court and whether the child is likely to pose a threat to the safety of others.

      6.  The juvenile court shall file written findings of fact and conclusions of law setting forth the basis and legal support for any decision pursuant to this section.

      7.  If, pursuant to this section, the juvenile court orders that a child is subject to registration and community notification pursuant to NRS 179D.010 to 179D.550, inclusive, the jurisdiction of the juvenile court terminates, and the child is subject to registration and community notification pursuant to NRS 179D.010 to 179D.550, inclusive, for the period specified in NRS 179D.490.

      Sec. 13. 1.  The juvenile court may not refer to a master any finding, determination or other act required to be made or performed by the juvenile court pursuant to sections 11 and 12 of this act.

      2.  As used in this section, “master” has the meaning ascribed to it in Rule 53 of the Nevada Rules of Civil Procedure.

      Sec. 14. The records relating to a child must not be sealed pursuant to the provisions of NRS 62H.100 to 62H.170, inclusive, while the child is subject to registration and community notification pursuant to NRS 179D.010 to 179D.550, inclusive.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2978 (Chapter 477, AB 395)ê

 

      Sec. 15. NRS 62H.025 is hereby amended to read as follows:

      62H.025  1.  Juvenile justice information is confidential and may only be released in accordance with the provisions of this section or as expressly authorized by other federal or state law.

      2.  For the purpose of ensuring the safety, permanent placement, rehabilitation, educational success and well-being of a child or the safety of the public, a juvenile justice agency may release juvenile justice information to:

      (a) A director of juvenile services or his or her designee;

      (b) The Chief of the Youth Parole Bureau or his or her designee;

      (c) A district attorney or his or her designee;

      (d) An attorney representing the child;

      (e) The director of a state agency which administers juvenile justice or his or her designee;

      (f) A director of a state, regional or local facility for the detention of children or his or her designee;

      (g) The director of an agency which provides child welfare services or his or her designee;

      (h) A guardian ad litem or court appointed special advocate who represents the child;

      (i) A parent or guardian of the child;

      (j) The child to whom the juvenile justice information pertains if the child has reached the age of majority, or a person who presents a release that is signed by the child who has reached the age of majority and which specifies the juvenile justice information to be released and the purpose for the release;

      (k) A school district, if the juvenile justice agency and the school district have entered into a written agreement to share juvenile justice information and data from an educational record of a child maintained by the school district for a purpose consistent with the purposes of this section;

      (l) A person or organization who has entered into a written agreement with the juvenile justice agency to provide assessments or juvenile justice services;

      (m) A person engaged in bona fide research that may be used to improve juvenile justice services or secure additional funding for juvenile justice services if the juvenile justice information is provided in the aggregate and without any personal identifying information; [or]

      (n) A person who is authorized by a court order to receive the juvenile justice information, if the juvenile justice agency was provided with notice and opportunity to be heard before the issuance of the order [.] ; or

      (o) A law enforcement agency in the course of a criminal investigation, a delinquency proceeding conducted pursuant to the provisions of this title or a situation involving a child who is subject to the jurisdiction of the juvenile court and who poses a threat to himself or herself or to the safety or well-being of others.

      3.  A juvenile justice agency may deny a request for juvenile justice information if:

      (a) The request does not, in accordance with the purposes of this section, demonstrate good cause for the release of the information; or

 

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2979 (Chapter 477, AB 395)ê

 

      (b) The release of the information would cause material harm to the child or would prejudice any court proceeding to which the child is subject.

Ê A denial pursuant to this subsection must be made in writing to the person requesting the information not later than 5 business days after receipt of the request.

      4.  Any juvenile justice information provided pursuant to this section may not be used to deny a child access to any service for which the child would otherwise be eligible, including, without limitation:

      (a) Educational services;

      (b) Social services;

      (c) Mental health services;

      (d) Medical services; or

      (e) Legal services.

      5.  Except as otherwise provided in this subsection, any person who is provided with juvenile justice information pursuant to this section and who further disseminates the information or makes the information public is guilty of a gross misdemeanor. This subsection does not apply to:

      (a) A district attorney who uses the information solely for the purpose of initiating legal proceedings; or

      (b) A person or organization described in subsection 2 who provides a report concerning juvenile justice information to a court or other party pursuant to this title or chapter 432B of NRS.

      6.  As used in this section:

      (a) “Juvenile justice agency” means the Youth Parole Bureau or a director of juvenile services.

      (b) “Juvenile justice information” means any information which is directly related to a child in need of supervision, a delinquent child or any other child who is otherwise subject to the jurisdiction of the juvenile court.

      Sec. 16. NRS 62H.110 is hereby amended to read as follows:

      62H.110  The provisions of NRS 62H.100 to 62H.170, inclusive, do not apply to:

      1.  Information maintained in the standardized system established pursuant to NRS 62H.200;

      2.  Information that must be collected by the Division of Child and Family Services pursuant to NRS 62H.220;

      3.  Records that are subject to the provisions of [NRS 62F.260;] section 14 of this act; or

      4.  Records relating to a traffic offense that would have been a misdemeanor if committed by an adult.

      Sec. 17. NRS 62H.120 is hereby amended to read as follows:

      62H.120  Any decree or order entered concerning a child within the purview of this title must contain, for the benefit of the child, an explanation of the contents of NRS 62H.100 to 62H.170, inclusive, and, if applicable, [NRS 62F.260.] section 14 of this act.

      Sec. 18. NRS 179D.035 is hereby amended to read as follows:

      179D.035  1.  “Convicted” includes, but is not limited to, an adjudication of delinquency by a court having jurisdiction over juveniles if:

      [1.](a) The adjudication of delinquency is for the commission of a sexual offense that is listed in [NRS 62F.200;] section 8 of this act; and

      [2.](b) The offender was 14 years of age or older at the time of the offense.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2980 (Chapter 477, AB 395)ê

 

      2.  The term does not include an adjudication of delinquency by a court having jurisdiction over juveniles if, pursuant to section 12 of this act, the court has relieved the juvenile from being subject to registration and community notification pursuant to NRS 179D.010 to 179D.550, inclusive.

      Sec. 19. NRS 179D.0559 is hereby amended to read as follows:

      179D.0559  1.  “Offender convicted of a crime against a child” or “offender” means a person who, after July 1, 1956, is or has been [:

      (a) Convicted] convicted of a crime against a child that is listed in NRS 179D.0357 . [; or

      (b) Adjudicated delinquent by a court having jurisdiction over juveniles of a crime against a child that is listed in NRS 62F.200 if the offender was 14 years of age or older at the time of the crime.]

      2.  The term includes, without limitation, an offender who is a student or worker within this State but who is not otherwise deemed a resident offender pursuant to subsection 2 or 3 of NRS 179D.460.

      Sec. 20. NRS 179D.095 is hereby amended to read as follows:

      179D.095  1.  “Sex offender” means a person who, after July 1, 1956, is or has been [:

      (a) Convicted] convicted of a sexual offense listed in NRS 179D.097 . [; or

      (b) Adjudicated delinquent by a court having jurisdiction over juveniles of a sexual offense listed in NRS 62F.200 if the offender was 14 years of age or older at the time of the offense.]

      2.  The term includes, without limitation, a sex offender who is a student or worker within this State but who is not otherwise deemed a resident offender pursuant to subsection 2 or 3 of NRS 179D.460.

      Sec. 21. NRS 179D.450 is hereby amended to read as follows:

      179D.450  1.  If the Central Repository receives notice from a court pursuant to NRS 176.0926 that an offender has been convicted of a crime against a child, pursuant to NRS 176.0927 that a sex offender has been convicted of a sexual offense or pursuant to [NRS 62F.220] section 10 of this act that a juvenile has been adjudicated delinquent for an offense for which the juvenile is subject to registration and community notification pursuant to NRS 179D.010 to 179D.550, inclusive, and sections 4 to 14, inclusive, of this act, the Central Repository shall:

      (a) If a record of registration has not previously been established for the offender or sex offender, notify the local law enforcement agency so that a record of registration may be established; or

      (b) If a record of registration has previously been established for the offender or sex offender, update the record of registration for the offender or sex offender and notify the appropriate local law enforcement agencies.

      2.  If the offender or sex offender named in the notice is granted probation or otherwise will not be incarcerated or confined, the Central Repository shall:

      (a) Immediately provide notification concerning the offender or sex offender to the appropriate local law enforcement agencies and, if the offender or sex offender resides in a jurisdiction which is outside of this State, to the appropriate law enforcement agency in that jurisdiction; and

      (b) [Immediately] Except as otherwise provided in section 11 of this act, immediately provide community notification concerning the offender or sex offender pursuant to the provisions of NRS 179D.475.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2981 (Chapter 477, AB 395)ê

 

      3.  If an offender or sex offender is incarcerated or confined and has previously been convicted of a crime against a child as described in NRS 179D.0357 or a sexual offense as described in NRS 179D.097, before the offender or sex offender is released:

      (a) The Department of Corrections or a local law enforcement agency in whose facility the offender or sex offender is incarcerated or confined shall:

             (1) Inform the offender or sex offender of the requirements for registration, including, but not limited to:

                   (I) The duty to register initially with the appropriate law enforcement agency in the jurisdiction in which the offender or sex offender was convicted if the offender or sex offender is not a resident of that jurisdiction pursuant to NRS 179D.445;

                   (II) The duty to register in this State during any period in which the offender or sex offender is a resident of this State or a nonresident who is a student or worker within this State and the time within which the offender or sex offender is required to register pursuant to NRS 179D.460;

                   (III) The duty to register in any other jurisdiction during any period in which the offender or sex offender is a resident of the other jurisdiction or a nonresident who is a student or worker within the other jurisdiction;

                   (IV) If the offender or sex offender moves from this State to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction;

                   (V) The duty to notify the local law enforcement agency for the jurisdiction in which the offender or sex offender now resides, in person, and the jurisdiction in which the offender or sex offender formerly resided, in person or in writing, if the offender or sex offender changes the address at which the offender or sex offender resides, including if the offender or sex offender moves from this State to another jurisdiction, or changes the primary address at which the offender or sex offender is a student or worker; and

                   (VI) The duty to notify immediately the appropriate local law enforcement agency if the offender or sex offender is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of the offender or sex offender’s enrollment at an institution of higher education or if the offender or sex offender is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of the offender or sex offender’s work at an institution of higher education; and

             (2) Require the offender or sex offender to read and sign a form stating that the requirements for registration have been explained and that the offender or sex offender understands the requirements for registration, and to forward the form to the Central Repository.

      (b) The Central Repository shall:

             (1) Update the record of registration for the offender or sex offender;

             (2) [Provide] Except as otherwise provided in section 11 of this act, provide community notification concerning the offender or sex offender pursuant to the provisions of NRS 179D.475; and

             (3) Provide notification concerning the offender or sex offender to the appropriate local law enforcement agencies and, if the offender or sex offender will reside upon release in a jurisdiction which is outside of this State, to the appropriate law enforcement agency in that jurisdiction.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2982 (Chapter 477, AB 395)ê

 

      4.  The failure to provide an offender or sex offender with the information or confirmation form required by paragraph (a) of subsection 3 does not affect the duty of the offender or sex offender to register and to comply with all other provisions for registration.

      5.  If the Central Repository receives notice from another jurisdiction or the Federal Bureau of Investigation that an offender or sex offender is now residing or is a student or worker within this State, the Central Repository shall:

      (a) Immediately provide notification concerning the offender or sex offender to the appropriate local law enforcement agencies;

      (b) Establish a record of registration for the offender or sex offender; and

      (c) Immediately provide community notification concerning the offender or sex offender pursuant to the provisions of NRS 179D.475.

      Sec. 22. NRS 179D.490 is hereby amended to read as follows:

      179D.490  1.  An offender convicted of a crime against a child or a sex offender shall comply with the provisions for registration for as long as the offender or sex offender resides or is present within this State or is a nonresident offender or sex offender who is a student or worker within this State, unless the period of time during which the offender or sex offender has the duty to register is reduced pursuant to the provisions of this section.

      2.  Except as otherwise provided in subsection 3 [,] and section 12 of this act, the full period of registration is:

      (a) Fifteen years, if the offender or sex offender is a Tier I offender;

      (b) Twenty-five years, if the offender or sex offender is a Tier II offender; and

      (c) The life of the offender or sex offender, if the offender or sex offender is a Tier III offender,

Ê exclusive of any time during which the offender or sex offender is incarcerated or confined.

      3.  If an offender or sex offender complies with the provisions for registration:

      (a) For an interval of at least 10 consecutive years, if the offender or sex offender is a Tier I offender; or

      (b) For an interval of at least 25 consecutive years, if the offender or sex offender is a Tier III offender adjudicated delinquent for the offense which required registration as an offender or sex offender,

Ê during which the offender or sex offender is not convicted of an offense for which imprisonment for more than 1 year may be imposed, is not convicted of a sexual offense, successfully completes any periods of supervised release, probation or parole, and successfully completes a sex offender treatment program certified by the State or by the Attorney General of the United States, the offender or sex offender may file a petition to reduce the period of time during which the offender or sex offender has a duty to register with the district court in whose jurisdiction the offender or sex offender resides or, if he or she is a nonresident offender or sex offender, in whose jurisdiction the offender or sex offender is a student or worker. For the purposes of this subsection, registration begins on the date that the Central Repository or appropriate agency of another jurisdiction establishes a record of registration for the offender or sex offender or the date that the offender or sex offender is released, whichever occurs later.

      4.  If the offender or sex offender satisfies the requirements of subsection 3, the court shall hold a hearing on the petition at which the offender or sex offender and any other interested person may present witnesses and other evidence.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2983 (Chapter 477, AB 395)ê

 

offender or sex offender and any other interested person may present witnesses and other evidence. If the court determines from the evidence presented at the hearing that the offender or sex offender satisfies the requirements of subsection 3, the court shall:

      (a) If the offender or sex offender is a Tier I offender, reduce the period of time during which the offender or sex offender is required to register by 5 years; and

      (b) If the offender or sex offender is a Tier III offender adjudicated delinquent for the offense which required registration as an offender or sex offender, reduce the period of time during which the offender or sex offender is required to register from the life of the offender or sex offender to that period of time for which the offender or sex offender meets the requirements of subsection 3.

      Sec. 23. NRS 201.210 is hereby amended to read as follows:

      201.210  1.  A person who commits any act of open or gross lewdness is guilty:

      (a) Except as otherwise provided in this subsection, for the first offense, of a gross misdemeanor.

      (b) For any subsequent offense, or if the person has previously been convicted of a sexual offense as defined in NRS 179D.097, of a category D felony and shall be punished as provided in NRS 193.130.

      (c) For an offense committed by a person 18 years of age or older in the presence of a child under the age of 18 years or a vulnerable person as defined in paragraph (a) of subsection 8 of NRS 200.5092, of a category D felony and shall be punished as provided in NRS 193.130.

      2.  For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open or gross lewdness.

      Sec. 24. NRS 201.220 is hereby amended to read as follows:

      201.220  1.  A person who makes any open and indecent or obscene exposure of his or her person, or of the person of another, is guilty:

      (a) Except as otherwise provided in this subsection, for the first offense, of a gross misdemeanor.

      (b) For any subsequent offense, or if the person has previously been convicted of a sexual offense as defined in NRS 179D.097, of a category D felony and shall be punished as provided in NRS 193.130.

      (c) For an offense committed by a person 18 years of age or older in the presence of a child under the age of 18 years or a vulnerable person as defined in paragraph (a) of subsection 8 of NRS 200.5092, of a category D felony and shall be punished as provided in NRS 193.130.

      2.  For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open and indecent or obscene exposure of her body.

      Sec. 25.  1.  There is hereby appropriated from the State General Fund to the First Judicial District of the State of Nevada the sum of $98,280 for the Co-Occurring Mental Health Diversion Program for juveniles who have mental health issues, substance abuse issues or both.

      2.  The money appropriated by subsection 1 must be used to supplement and not supplant or cause to be reduced any other source of funding for the Co-Occurring Mental Health Diversion Program.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2984 (Chapter 477, AB 395)ê

 

appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 26.  1.  There is hereby appropriated from the State General Fund to the Second Judicial District of the State of Nevada the sum of $24,971 for the Girls’ Evening Reporting Program.

      2.  The money appropriated by subsection 1 must be used to supplement and not supplant or cause to be reduced any other source of funding for the Girls’ Evening Reporting Program.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 27.  1.  There is hereby appropriated from the State General Fund to the Third Judicial District of the State of Nevada the sum of $200,000 for the Lyon County Intervention and Family Enrichment Program.

      2.  The money appropriated by subsection 1 must be used to supplement and not supplant or cause to be reduced any other source of funding for the Lyon County Intervention and Family Enrichment Program.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 28.  1.  There is hereby appropriated from the State General Fund to the Fourth Judicial District of the State of Nevada:

      (a) The sum of $131,341 for the salary and benefits for a licensed clinical social worker or licensed professional counselor to provide evaluations and counseling for juveniles.

      (b) The sum of $154,044 for the The Leader in Me program.

      2.  The money appropriated by subsection 1 must be used to supplement and not supplant or cause to be reduced any other source of funding for the salary and benefits and the program set forth in subsection 1.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2985 (Chapter 477, AB 395)ê

 

was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 29.  1.  There is hereby appropriated from the State General Fund to the Fifth Judicial District of the State of Nevada the sum of $51,750 for the Detention Alternatives for Youth program to provide alternatives to placing juveniles in detention facilities by providing after school and summer programs.

      2.  The money appropriated by subsection 1 must be used to supplement and not supplant or cause to be reduced any other source of funding for the Detention Alternatives for Youth program.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 30.  1.  There is hereby appropriated from the State General Fund to the Sixth Judicial District of the State of Nevada the sum of $98,200 for the Willing to Rise Above the Pressure program to provide comprehensive case management for juveniles who are referred to the juvenile justice system.

      2.  The money appropriated by subsection 1 must be used to supplement and not supplant or cause to be reduced any other source of funding for the Willing to Rise Above the Pressure program.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 31.  1.  There is hereby appropriated from the State General Fund to the Seventh Judicial District of the State of Nevada:

      (a) The sum of $6,798 to be used to transport juveniles who are referred to the juvenile justice system to counseling services.

      (b) The sum of $60,300 for a day and night reporting center to provide alternatives to detention for juveniles.

      2.  The money appropriated by subsection 1 must be used to supplement and not supplant or cause to be reduced any other source of funding for the purposes set forth in subsection 1.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2986 (Chapter 477, AB 395)ê

 

was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 32.  1.  There is hereby appropriated from the State General Fund to the Eighth Judicial District of the State of Nevada:

      (a) The sum of $1,978,250 for a Juvenile Assessment Center in the District.

      (b) The sum of $400,000 for programs to divert young women from the juvenile justice system and connect young women to meaningful research-based treatment.

      2.  The money appropriated by subsection 1 must be used to supplement and not supplant or cause to be reduced any other source of funding for the purposes set forth in subsection 1.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 33.  1.  There is hereby appropriated from the State General Fund to the Ninth Judicial District of the State of Nevada the sum of $100,000 to provide comprehensive mental health services to juveniles coming into contact with the juvenile justice system.

      2.  The money appropriated by subsection 1 must be used to supplement and not supplant or cause to be reduced any other source of funding to provide comprehensive mental health services to juveniles coming into contact with the juvenile justice system.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 34.  1.  There is hereby appropriated from the State General Fund to the Tenth Judicial District of the State of Nevada the sum of $15,000 to provide sex offender treatment to juveniles in the Teurman Hall Detention Facility.

      2.  The money appropriated by subsection 1 must be used to supplement and not supplant or cause to be reduced any other source of funding to provide sex offender treatment to juveniles in the Teurman Hall Detention Facility.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2987 (Chapter 477, AB 395)ê

 

purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 35.  1.  There is hereby appropriated from the State General Fund to the Eleventh Judicial District of the State of Nevada:

      (a) The sum of $36,000 to provide comprehensive mental health evaluations or assessments to juveniles who are referred to the juvenile justice system.

      (b) The sum of $216,000 to provide residential substance abuse treatment to juveniles at the Western Nevada Regional Youth Center.

      2.  The money appropriated by subsection 1 must be used to supplement and not supplant or cause to be reduced any other source of funding for the purposes set forth in subsection 1.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 36. NRS 62F.200, 62F.220 and 62F.260 are hereby repealed.

      Sec. 37.  This act becomes effective on July 1, 2017.

________

CHAPTER 478, AB 268

Assembly Bill No. 268–Assemblymen Watkins, Fumo, Ohrenschall, Jauregui, Bilbray-Axelrod; Brooks, Edwards, Frierson, Kramer, Monroe-Moreno, Neal, Tolles and Yeager

 

Joint Sponsor: Senator Hardy

 

CHAPTER 478

 

[Approved: June 8, 2017]

 

AN ACT relating to criminal procedure; revising provisions relating to a postconviction petition for a genetic marker analysis; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a person convicted of a felony to file a postconviction petition requesting a genetic marker analysis of evidence within the possession or custody of the State which may contain genetic marker information relating to the investigation or prosecution that resulted in the judgment of conviction. After such a petition is filed, the court may schedule a hearing on the petition. (NRS 176.0918) Existing law requires the court to order a genetic marker analysis if, after considering the information contained in the petition and any other evidence, the court makes certain findings. (NRS 176.09183) Section 5.7 of this bill revises such findings.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2988 (Chapter 478, AB 268)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:

 

      Sections 1-5.5. (Deleted by amendment.)

      Sec. 5.7. NRS 176.09183 is hereby amended to read as follows:

      176.09183  1.  The court shall order a genetic marker analysis, after considering the information contained in the petition pursuant to subsection 3 of NRS 176.0918 and any other evidence, if the court finds that:

      (a) [A reasonable possibility exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through a genetic marker analysis of the evidence identified in the petition;

      (b)] The evidence to be analyzed exists; [and

      (c)](b) Except as otherwise provided in subsection 2, the evidence was not previously subjected to a genetic marker analysis [.] , including, without limitation, because such an analysis was not available at the time of trial; and

      (c) One or more of the following situations applies:

             (1) A reasonable possibility exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through a genetic marker analysis of the evidence identified in the petition;

             (2) The petitioner alleges and supports with facts that he or she asked his or her attorney to request to have a genetic marker analysis conducted, but the attorney refused or neglected to do so; or

             (3) The court previously ordered a genetic marker analysis to be conducted, but an analysis was never conducted.

      2.  If the evidence was previously subjected to a genetic marker analysis, the court shall order a genetic marker analysis pursuant to subsection 1 if the court finds that:

      (a) The result of the previous analysis was inconclusive;

      (b) The evidence was not subjected to the type of analysis that is now requested and the requested analysis may resolve an issue not resolved by the previous analysis; or

      (c) The requested analysis would provide results that are significantly more accurate and probative of the identity of the perpetrator than the previous analysis.

      3.  If the court orders a genetic marker analysis pursuant to subsection 1 or 2, the court shall:

      (a) Order the analysis to be conducted promptly under reasonable conditions designed to protect the interest of the State and the petitioner in the integrity of the evidence and the analysis process.

      (b) Select a forensic laboratory to conduct or oversee the analysis. The forensic laboratory selected by the court must:

 

 

 

 

 

 

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2989 (Chapter 478, AB 268)ê

 

             (1) Be operated by this state or one of its political subdivisions, when possible; and

             (2) Satisfy the standards for quality assurance that are established for forensic laboratories by the Federal Bureau of Investigation.

      (c) Order the forensic laboratory selected pursuant to paragraph (b) to perform a genetic marker analysis of evidence. The analysis to be performed and evidence to be analyzed must:

             (1) Be specified in the order; and

             (2) Include such analysis, testing and comparison of genetic marker information contained in the evidence and the genetic marker information of the petitioner as the court determines appropriate under the circumstances.

      (d) Order the production of any reports that are prepared by a forensic laboratory in connection with the analysis and any data and notes upon which the report is based.

      (e) Order the preservation of evidence used in a genetic marker analysis performed pursuant to this section and NRS 176.0918 and 176.09187 for purposes of a subsequent proceeding or analysis, if any.

      (f) Order the results of the genetic marker analysis performed pursuant to this section and NRS 176.0918 and 176.09187 to be sent to the State Board of Parole Commissioners if the results of the genetic marker analysis are not favorable to the petitioner.

      4.  If the court orders a genetic marker analysis pursuant to subsection 1 or 2, the State may appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution within 30 days after the notice of the entry of the order by filing a notice of appeal with the clerk of the district court.

      5.  The court shall enter an order dismissing a petition filed pursuant to NRS 176.0918 if:

      (a) The requirements for ordering a genetic marker analysis pursuant to this section and NRS 176.0918 and 176.09187 are not satisfied; or

      (b) The results of a genetic marker analysis performed pursuant to this section and NRS 176.0918 and 176.09187 are not favorable to the petitioner.

      6.  If the court enters an order dismissing a petition filed pursuant to NRS 176.0918, the person aggrieved by the order may appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution within 30 days after the notice of the entry of the order by filing a notice of appeal with the clerk of the district court.

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

________

 

 

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2990ê

 

CHAPTER 479, AB 366

Assembly Bill No. 366–Assemblymen Araujo, Bustamante Adams, Frierson, Thompson, Yeager; Paul Anderson, Benitez-Thompson, Carlton, Joiner, Monroe-Moreno, Oscarson and Sprinkle

 

Joint Sponsors: Senators Woodhouse, Ford, Ratti, Gansert, Kieckhefer; Cancela, Hardy, Harris and Manendo

 

CHAPTER 479

 

[Approved: June 8, 2017]

 

AN ACT relating to mental health; creating four behavioral health regions in this State; creating a regional behavioral health policy board for each region to advise the Division of Public and Behavioral Health and the Commission on Behavioral Health of the Department of Health and Human Services regarding certain behavioral health issues; authorizing each regional behavioral health policy board to request the drafting of not more than one legislative measure for each regular session of the Legislature; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 5 of this bill creates the Northern, Washoe, Rural and Southern Behavioral Health Regions, each consisting of certain cities and counties in this State. Section 6 of this bill creates a regional behavioral health policy board for each of the four regions. Section 6 also provides that the membership of each policy board consists of 13 persons, including: (1) six members appointed by the Governor or his or her designee; (2) three members appointed by the Speaker of the Assembly; (3) three members appointed by the Majority Leader of the Senate; and (4) one member appointed by the Legislative Commission. Section 10 of this bill staggers the terms for the appointed members of each policy board.

      Section 7 of this bill requires each policy board to: (1) advise the Department, the Division of Public and Behavioral Health and the Commission on Behavioral Health of the Department on certain regional behavioral health issues; (2) promote improvements in the delivery of behavioral health services in the behavioral health region; (3) coordinate and exchange information with other policy boards to provide unified recommendations to the Department, Division and Commission regarding behavioral health services in their respective behavioral health region; (4) review data collection and reporting standards relating to behavioral health information; and (5) submit a report to the Commission which includes the priorities and needs of the policy board’s behavioral health region. Section 8 of this bill revises the requirements of the report submitted by the Commission annually to the Governor and biennially to the Legislature to include: (1) recommendations from each policy board; (2) the epidemiologic profiles of substance use and abuse, problem gambling and suicide; (3) relevant behavioral health prevalence data for each behavioral health region; and (4) the health priorities set for each behavioral health region. Sections 8.3 and 8.7 of this bill authorize each policy board to request for each regular session of the Legislature the drafting of not more than one legislative measure which relates to matters within the scope of a policy board.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2991 (Chapter 479, AB 366)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 433 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive of this act.

      Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Behavioral health region” means a behavioral health region created by section 5 of this act.

      Sec. 4. “Policy board” means a regional behavioral health policy board created by section 6 of this act.

      Sec. 5. Four behavioral health regions are hereby created as follows:

      1.  The Northern Behavioral Health Region consisting of Carson City and the counties of Churchill, Douglas, Lyon, Mineral and Storey;

      2.  The Washoe Behavioral Health Region consisting of the county of Washoe;

      3.  The Rural Behavioral Health Region consisting of the counties of Elko, Eureka, Humboldt, Lander, Lincoln, Pershing and White Pine; and

      4.  The Southern Behavioral Health Region consisting of the counties of Clark, Esmeralda and Nye.

      Sec. 6. 1.  A regional behavioral health policy board is hereby created for each behavioral health region.

      2.  Each policy board consists of 13 members as follows:

      (a) Six members appointed by the Governor or his or her designee as follows:

             (1) One member who represents the criminal justice system;

             (2) Two members who have extensive experience in the delivery of social services in the field of behavioral health, including, without limitation, directors or officers of social service agencies in the behavioral health region; and

             (3) Three members who represent the interests of one or more of the following:

                   (I) Hospitals, residential long-term care facilities or facilities that provide acute inpatient behavioral health services;

                   (II) Community-based organizations which provide behavioral health services;

                   (III) Administrators or counselors who are employed at facilities for the treatment of abuse of alcohol or drugs; or

                   (IV) Owners or administrators of residential treatment facilities, transitional housing or other housing for persons who are mentally ill or suffer from addiction or substance abuse.

Ê At least one member of the policy board appointed by the Governor or his or her designee for each region pursuant to this subparagraph must be a behavioral health professional who has experience in evaluating and treating children.

      (b) Three members appointed by the Speaker of the Assembly as follows:

             (1) One member who is a health officer of a county or who is in a position with duties similar to those of such a health officer;

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2992 (Chapter 479, AB 366)ê

 

             (2) One member who is a psychiatrist or doctor of psychology with clinical experience and who is licensed to practice in this State; and

             (3) One member who represents private or public insurers who offer coverage for behavioral health services.

      (c) Three members appointed by the Majority Leader of the Senate as follows:

             (1) One member who has received behavioral health services in this State or a family member of such a person or, if such a person is not available, a person who represents the interests of behavioral health patients or the families of behavioral health patients;

             (2) One member who represents providers of emergency medical services or fire services and who has experience providing emergency services to behavioral health patients, which may include, without limitation, a paramedic or physician; and

             (3) One member who represents law enforcement agencies and who has experience with and knowledge of matters relating to people in need of behavioral health services.

      (d) One member who is a Legislator, appointed by the Legislative Commission.

      3.  In making appointments, preference must be given to persons who reside in the behavioral health region served by the policy board.

      4.  Each member of the policy board serves without compensation for a term of 2 years and may be reappointed. The appointing authority may remove a member from the policy board if the appointing authority determines the member has neglected his or her duties. Any vacancy in the membership of a policy board must be filled in the same manner as the original appointment.

      5.  Each policy board shall meet not later than 60 days after all appointments to such board have been made and elect one member of the policy board to act as the Chair for the biennium. The Director of the Department or his or her designee shall preside over the election of the Chair for each policy board at each board’s first meeting. Each policy board shall thereafter meet at least quarterly at the call of the Chair.

      6.  As used in this section, “social services agency” means any public agency or organization that provides social services in this State, including, without limitation, welfare and health care services.

      Sec. 7. Each policy board shall:

      1.  Advise the Department, Division and Commission regarding:

      (a) The behavioral health needs of adults and children in the behavioral health region;

      (b) Any progress, problems or proposed plans relating to the provision of behavioral health services and methods to improve the provision of behavioral health services in the behavioral health region;

      (c) Identified gaps in the behavioral health services which are available in the behavioral health region and any recommendations or service enhancements to address those gaps; and

      (d) Priorities for allocating money to support and develop behavioral health services in the behavioral health region.

      2.  Promote improvements in the delivery of behavioral health services in the behavioral health region.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2993 (Chapter 479, AB 366)ê

 

      3.  Coordinate and exchange information with the other policy boards to provide unified and coordinated recommendations to the Department, Division and Commission regarding behavioral health services in the behavioral health region.

      4.  Review the collection and reporting standards of behavioral health data to determine standards for such data collection and reporting processes.

      5.  In coordination with existing entities in this State that address issues relating to behavioral health services, submit an annual report to the Commission which includes, without limitation, the specific behavioral health needs of the behavioral health region. Such a report may be submitted more often than annually if the policy board determines that a specific behavioral health issue requires an additional report to the Commission.

      Sec. 8. NRS 433.314 is hereby amended to read as follows:

      433.314  The Commission shall:

      1.  Establish policies to ensure adequate development and administration of services for persons with mental illness, persons with intellectual disabilities and persons with related conditions, persons with substance use disorders or persons with co-occurring disorders, including services to prevent mental illness, intellectual disabilities and related conditions, substance use disorders and co-occurring disorders, and services provided without admission to a facility or institution;

      2.  Set policies for the care and treatment of persons with mental illness, persons with intellectual disabilities and persons with related conditions, persons with substance use disorders or persons with co-occurring disorders provided by all state agencies;

      3.  Review the programs and finances of the Division; and

      4.  Report at the beginning of each year to the Governor and at the beginning of each odd-numbered year to the Legislature on [the] :

      (a) Information concerning the quality of the care and treatment provided for persons with mental illness, persons with intellectual disabilities and persons with related conditions, persons with substance use disorders or persons with co-occurring disorders in this State and on any progress made toward improving the quality of that care and treatment [.] ; and

      (b) In coordination with the Department, any recommendations from the regional behavioral health policy boards created pursuant to section 6 of this act. The report must include, without limitation:

             (1) The epidemiologic profiles of substance use and abuse, problem gambling and suicide;

             (2) Relevant behavioral health prevalence data for each behavioral health region created by section 5 of this act; and

             (3) The health priorities set for each behavioral health region.

      Sec. 8.3. Chapter 218D of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  For a regular session, each regional behavioral health policy board created by section 6 of this act may request the drafting of not more than 1 legislative measure which relates to matters within the scope of the policy board. The request must be submitted to the Legislative Counsel on or before September 1 preceding the regular session.

      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.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2994 (Chapter 479, AB 366)ê

 

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

      218D.100  1.  The provisions of NRS 218D.100 to 218D.220, inclusive, and section 8.3 of this act 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, and section 8.3 of this act for the requester; or

      (b) Is submitted by an authorized nonlegislative requester pursuant to NRS 218D.175 to 218D.220, inclusive, and section 8.3 of this act 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) 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. 9.  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. 10.  As soon as practicable on or after July 1, 2017, the Governor or his or her designee, the Speaker of the Assembly, the Majority Leader of the Senate and the Legislative Commission, shall make the appointments required by subsection 2 of section 6 of this act to each of the four regional behavioral health policy boards created by section 6 of this act. Notwithstanding the provisions of section 6 of this act, members appointed by the:

      1.  Governor or his or her designee to serve on a regional behavioral health policy board must be appointed to serve the following initial terms:

      (a) Three persons for an initial term of 1 year.

      (b) Three persons for an initial term of 2 years.

      2.  Speaker of the Assembly to serve on a regional behavioral health policy board must be appointed to serve the following initial terms:

      (a) One person for an initial term of 1 year.

      (b) Two persons for an initial term of 2 years.

      3.  Majority Leader of the Senate to serve on a regional behavioral health policy board must be appointed to serve the following initial terms:

      (a) Two persons for an initial term of 1 year.

      (b) One person for an initial term of 2 years.

      4.  Legislative Commission to serve on a regional behavioral health policy board must be appointed to serve an initial term of 2 years.

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

________

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2995ê

 

CHAPTER 480, AB 377

Assembly Bill No. 377–Assemblyman Ohrenschall

 

CHAPTER 480

 

[Approved: June 8, 2017]

 

AN ACT relating to criminal procedure; prohibiting a prosecuting attorney from seeking an indictment while competency proceedings are pending except with leave of the court; prohibiting a prosecuting attorney from refiling charges against a defendant who has been found incompetent except with leave of the court; authorizing the extension of the commitment of a person in a forensic facility under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that: (1) a person may not be tried or adjudged to punishment for a public offense while incompetent; and (2) any time after the arrest of a defendant, if doubt arises as to the competence of the defendant, the court must suspend the proceedings, the trial or the pronouncing of the judgment until the question of competence is determined. (NRS 178.400, 178.405) Section 1 of this bill provides that a prosecuting attorney may not seek an indictment of the defendant for any offense during the period in which the court is considering whether the defendant is competent or incompetent except upon the prosecuting attorney’s application for leave of the court. Section 1 requires the prosecuting attorney to: (1) demonstrate that an objective factor significantly impacts the ability of the State to prosecute the matter in the absence of such leave of the court; and (2) give at least 24 hours’ notice of the application to the defendant’s attorney.

      Existing law provides that, under certain circumstances, when a criminal defendant has been found incompetent, the proceedings against the defendant must be dismissed. (NRS 178.425) Section 2 of this bill provides for the refiling of charges arising out of the same circumstances in cases in which the prosecuting attorney applies for, and is granted, leave of the court where: (1) the State has a good faith belief, based on articulable facts, that the defendant has regained competency; (2) the State has a compelling interest in bringing charges again; and (3) the period for commencing the criminal action has not lapsed. Section 2 requires the prosecuting attorney to give at least 24 hours’ notice of the application to the defendant’s attorney.

      Existing law provides that if a court dismisses the proceedings against a defendant who is charged with a category A or certain category B felonies because the court finds that the defendant is incompetent with no substantial probability of attaining competence in the foreseeable future, the prosecuting attorney is authorized to file a motion with the court for a hearing to determine whether to commit the person to the custody of the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services. The maximum length of such commitment is 10 years. (NRS 178.461) Section 4 of this bill revises these provisions to: (1) authorize the Administrator to file a motion to request an extension of the length of commitment for not more than 5 additional years of a person charged with murder or sexual assault under certain circumstances; (2) authorize a court to grant the motion for an extension of commitment after a hearing to determine whether the person meets certain criteria requiring placement at a forensic facility; and (3) provide that a person committed has the right to be represented by counsel at such a hearing and the right to have an attorney appointed for him or her if the person does not have counsel.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2996 (Chapter 480, AB 377)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 178.415 is hereby amended to read as follows:

      178.415  1.  Except as otherwise provided in this subsection, the court shall appoint two psychiatrists, two psychologists, or one psychiatrist and one psychologist, to examine the defendant. If the defendant is accused of a misdemeanor, the court of jurisdiction shall appoint a psychiatric social worker, or other person who is especially qualified by the Division, to examine the defendant.

      2.  Except as otherwise provided in this subsection, at a hearing in open court, the court that orders the examination must receive the report of the examination. If a justice court orders the examination of a defendant who is charged with a gross misdemeanor or felony, the district court must receive the report of the examination.

      3.  The court that receives the report of the examination shall permit counsel for both sides to examine the person or persons appointed to examine the defendant. The prosecuting attorney and the defendant may:

      (a) Introduce other evidence including, without limitation, evidence related to treatment to competency and the possibility of ordering the involuntary administration of medication; and

      (b) Cross-examine one another’s witnesses.

      4.  A prosecuting attorney may not seek an indictment of the defendant for any offense during the period in which the court is considering whether the defendant is competent or incompetent except upon application by the prosecuting attorney to the chief judge of the district court, or his or her designee, and with leave of the court. The prosecuting attorney must demonstrate that adequate cause exists for the court to grant leave to seek an indictment on the grounds that the availability or unavailability of a witness, or any other objective factor, significantly impacts the ability of the State to prosecute the matter in the absence of such leave. The prosecuting attorney must give notice of an application made pursuant to this subsection to the attorney for the defendant not less than 24 hours before the hearing on the application.

      5.  The court that receives the report of the examination shall then make and enter its finding of competence or incompetence.

      [5.]6.  The court shall not appoint a person to provide a report or an evaluation pursuant to this section, unless the person is certified by the Division pursuant to NRS 178.417.

      Sec. 2. NRS 178.425 is hereby amended to read as follows:

      178.425  1.  If the court finds the defendant incompetent, and dangerous to himself or herself or to society and that commitment is required for a determination of the defendant’s ability to receive treatment to competency and to attain competence, the judge shall order the sheriff to convey the defendant forthwith, together with a copy of the complaint, the commitment and the physicians’ certificate, if any, into the custody of the Administrator or the Administrator’s designee for detention and treatment at a division facility that is secure. The order may include the involuntary administration of medication if appropriate for treatment to competency.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2997 (Chapter 480, AB 377)ê

 

      2.  The defendant must be held in such custody until a court orders the defendant’s release or until the defendant is returned for trial or judgment as provided in NRS 178.450, 178.455 and 178.460.

      3.  If the court finds the defendant incompetent but not dangerous to himself or herself or to society, and finds that commitment is not required for a determination of the defendant’s ability to receive treatment to competency and to attain competence, the judge shall order the defendant to report to the Administrator or the Administrator’s designee as an outpatient for treatment, if it might be beneficial, and for a determination of the defendant’s ability to receive treatment to competency and to attain competence. The court may require the defendant to give bail for any periodic appearances before the Administrator or the Administrator’s designee.

      4.  Except as otherwise provided in subsection 5, proceedings against the defendant must be suspended until the Administrator or the Administrator’s designee or, if the defendant is charged with a misdemeanor, the judge finds the defendant capable of standing trial or opposing pronouncement of judgment as provided in NRS 178.400.

      5.  Whenever the defendant has been found incompetent, with no substantial probability of attaining competency in the foreseeable future, and released from custody or from obligations as an outpatient pursuant to paragraph (d) of subsection 4 of NRS 178.460, the proceedings against the defendant which were suspended must be dismissed. No new charge arising out of the same circumstances may be brought [after a] except upon application by the prosecuting attorney to the chief judge of the district court, or his or her designee, and with leave of the court where:

      (a) The State has a good faith belief, based on articulable facts, that the defendant has attained competency;

      (b) The State has a compelling interest in bringing charges again; and

      (c) The period, equal to the maximum time allowed by law for commencing a criminal action for the crime with which the defendant was charged, has not lapsed since the date of the alleged offense.

Ê The prosecuting attorney must give notice of an application made pursuant to this subsection to the attorney for the defendant not less than 24 hours before the hearing on the application.

      6.  If a defendant is found incompetent pursuant to this section, the court shall cause, within 5 business days after the finding, on a form prescribed by the Department of Public Safety, a record of that finding to be transmitted to the Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.

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

      Sec. 3. NRS 178.460 is hereby amended to read as follows:

      178.460  1.  If requested by the district attorney or counsel for the defendant within 10 days after the report by the Administrator or the Administrator’s designee is sent to them, the judge shall hold a hearing within 10 days after the request at which the district attorney and the defense counsel may examine the members of the treatment team on their report.

      2.  If the judge orders the appointment of a licensed psychiatrist or psychologist who is not employed by the Division to perform an additional evaluation and report concerning the defendant, the cost of the additional evaluation and report is a charge against the county.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2998 (Chapter 480, AB 377)ê

 

evaluation and report concerning the defendant, the cost of the additional evaluation and report is a charge against the county.

      3.  Within 10 days after the hearing or 10 days after the report is sent, if no hearing is requested, the judge shall make and enter a finding of competence or incompetence, and if the judge finds the defendant to be incompetent:

      (a) Whether there is substantial probability that the defendant can receive treatment to competency and will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future; and

      (b) Whether the defendant is at that time a danger to himself or herself or to society.

      4.  If the judge finds the defendant:

      (a) Competent, the judge shall, within 10 days, forward the finding to the prosecuting attorney and counsel for the defendant. Upon receipt thereof, the prosecuting attorney shall notify the sheriff of the county or chief of police of the city that the defendant has been found competent and prearrange with the facility for the return of the defendant to that county or city for trial upon the offense there charged or the pronouncement of judgment, as the case may be.

      (b) Incompetent, but there is a substantial probability that the defendant can receive treatment to competency and will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that the defendant is dangerous to himself or herself or to society, the judge shall recommit the defendant and may order the involuntary administration of medication for the purpose of treatment to competency.

      (c) Incompetent, but there is a substantial probability that the defendant can receive treatment to competency and will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that the defendant is not dangerous to himself or herself or to society, the judge shall order that the defendant remain an outpatient or be transferred to the status of an outpatient under the provisions of NRS 178.425.

      (d) Incompetent, with no substantial probability of attaining competency in the foreseeable future, the judge shall order the defendant released from custody or, if the defendant is an outpatient, released from any obligations as an outpatient if, within 10 judicial days, the prosecuting attorney has not filed a motion pursuant to NRS 178.461 or if, within 10 judicial days, a petition is not filed to commit the person pursuant to NRS 433A.200. After the initial 10 judicial days, the person may remain an outpatient or in custody under the provisions of this chapter only as long as the motion or petition is pending unless the person is committed to the custody of the Administrator pursuant to NRS 178.461 or involuntarily committed pursuant to chapter 433A of NRS.

      5.  Except as otherwise provided in [subsection] subsections 4 and 7 of NRS 178.461, no person who is committed under the provisions of this chapter may be held in the custody of the Administrator or the Administrator’s designee longer than the longest period of incarceration provided for the crime or crimes with which the person is charged or 10 years, whichever period is shorter. Upon expiration of the applicable period provided in this section, subsection 4 or 7 of NRS 178.461 or subsection 4 of NRS 178.463, the person must be returned to the committing court for a determination as to whether or not involuntary commitment pursuant to chapter 433A of NRS is required.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 2999 (Chapter 480, AB 377)ê

 

      Sec. 4. NRS 178.461 is hereby amended to read as follows:

      178.461  1.  If the proceedings against a defendant who is charged with any category A felony or a category B felony listed in subsection 6 are dismissed pursuant to subsection 5 of NRS 178.425, the prosecuting attorney may, within 10 judicial days after the dismissal, file a motion with the court for a hearing to determine whether to commit the person to the custody of the Administrator pursuant to subsection 3. Except as otherwise provided in subsection 2, the court shall hold the hearing within 10 judicial days after the motion is filed with the court.

      2.  If the prosecuting attorney files a motion pursuant to subsection 1, the prosecuting attorney shall, not later than the date on which the prosecuting attorney files the motion, request from the Division a comprehensive risk assessment which indicates whether the person requires the level of security provided by a forensic facility. The Division shall provide the requested comprehensive risk assessment to the court, the prosecuting attorney and counsel for the person not later than three judicial days before the hearing. If the person was charged with any category A felony other than murder or sexual assault or a category B felony listed in subsection 6 and the comprehensive risk assessment indicates that the person does not require the level of security provided by a forensic facility, the court shall dismiss the motion.

      3.  At a hearing held pursuant to subsection 1, if the court finds by clear and convincing evidence that the person has a mental disorder, that the person is a danger to himself or herself or others and that the person’s dangerousness is such that the person requires placement at a forensic facility, the court may order:

      (a) The sheriff to take the person into protective custody and transport the person to a forensic facility; and

      (b) That the person be committed to the custody of the Administrator and kept under observation until the person is eligible for conditional release pursuant to NRS 178.463 or until the maximum length of commitment described in subsection 4 or 7 has expired.

      4.  [The] Except as otherwise provided in subsection 7, the length of commitment of a person pursuant to subsection 3 must not exceed 10 years, including any time that the person has been on conditional release pursuant to NRS 178.463.

      5.  At least once every 12 months, the court shall review the eligibility of the defendant for conditional release.

      6.  The provisions of subsection 1 apply to any of the following category B felonies:

      (a) Voluntary manslaughter pursuant to NRS 200.050;

      (b) Mayhem pursuant to NRS 200.280;

      (c) Kidnapping in the second degree pursuant to NRS 200.330;

      (d) Assault with a deadly weapon pursuant to NRS 200.471;

      (e) Battery with a deadly weapon pursuant to NRS 200.481;

      (f) Aggravated stalking pursuant to NRS 200.575;

      (g) First degree arson pursuant to NRS 205.010;

      (h) Burglary with a deadly weapon pursuant to NRS 205.060;

      (i) Invasion of the home with a deadly weapon pursuant to NRS 205.067;

      (j) Any category B felony involving the use of a firearm; and

      (k) Any attempt to commit a category A felony.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 3000 (Chapter 480, AB 377)ê

 

      7.  If a person is within 6 months of the maximum length of commitment set forth in this subsection or subsection 4, as applicable, and:

      (a) Was charged with murder or sexual assault; and

      (b) Was committed to the custody of the Administrator pursuant to this subsection or subsection 3,

Ê the Administrator may file a motion to request an extension of the length of commitment for not more than 5 additional years.

      8.  The court may grant a motion for an extension of the length of commitment pursuant to subsection 7 if, at a hearing conducted on the motion, the court finds by clear and convincing evidence that the person is a danger to himself or herself or others and that the person’s dangerousness is such that the person requires placement at a forensic facility.

      9.  At a hearing conducted pursuant to subsection 8, a person who is committed has the right to be represented by counsel. If the person does not have counsel, the court shall appoint an attorney to represent the person.

      Sec. 5. NRS 178.463 is hereby amended to read as follows:

      178.463  1.  The Division or a person who is committed to the custody of the Administrator pursuant to NRS 178.461 may petition the court which committed the person for conditional release.

      2.  A person who is committed to the custody of the Administrator pursuant to NRS 178.461 is eligible for conditional release only after:

      (a) The Division has completed a comprehensive risk assessment concerning the person;

      (b) A decision to release the person from commitment with conditions imposed by the court in consultation with the Division has been made based on input from the person’s treatment team, the prosecuting attorney, the counsel for the person and the team that will supervise the person in the community; and

      (c) The court which committed the person has approved the conditional release.

      3.  If a person is serving a period of conditional release pursuant to this section, the court must, at least once every 12 months, review the eligibility of the defendant for discharge from conditional release. If, at the conclusion of the review required by this subsection, the court finds by clear and convincing evidence that the person is not a danger to himself or herself or others, the court must discharge the person from conditional release.

      4.  The length of the period of conditional release must not exceed 10 years, including any time that the person has been committed to the custody of the Administrator pursuant to NRS 178.461 and 178.464 [.] , except that the length of the period of conditional release may be extended for not more than 5 additional years if the length of the period of commitment has been extended pursuant to subsection 7 of NRS 178.461.

________

 

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 3001ê

 

CHAPTER 481, AB 417

Assembly Bill No. 417–Assemblywoman Swank

 

CHAPTER 481

 

[Approved: June 8, 2017]

 

AN ACT relating to tourism; creating the Nevada Main Street Program within the Office of Economic Development in the Office of the Governor; setting forth the requirements for the operation of the Program; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Office of Economic Development within the Office of the Governor. (NRS 231.043) The Office of Economic Development is responsible for carrying out various economic development programs within the State. (NRS 231.020-231.1597) Section 5 of this bill creates the Nevada Main Street Program within the Office of Economic Development. The Program is designed to provide state-level coordination with the National Main Street Center, Inc., which is a wholly owned subsidiary of the National Trust for Historic Preservation. The National Trust for Historic Preservation is a nonprofit organization working to preserve historic places through programs such as the National Main Street Center.

      Section 6 of this bill requires the Executive Director of the Office of Economic Development to adopt regulations setting forth the requirements to apply for and receive approval as a designated local Main Street program or to apply for grants. Section 6 also requires the Executive Director or his or her designee to coordinate the Program and approve or deny applications for designation under the Program or for grants to designated local Main Street programs. Section 7 of this bill creates the Account for the Nevada Main Street Program in the State General Fund to accept donations, grants and other types of funding for the award of grants and operation of the Program. Section 9 of this bill makes an appropriation of $350,000 from the State General Fund to the Interim Finance Committee for allocation to the Office of Economic Development for the operation of the Program and to provide grants to designated local Main Street programs.

 

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 231 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Account” means the Account for the Nevada Main Street Program created by section 7 of this act.

      Sec. 4. “Program” means the Nevada Main Street Program created by section 5 of this act.

      Sec. 5. The Nevada Main Street Program is hereby created within the Office. The Program must:

      1.  Be administered in accordance with the standards developed by the National Main Street Center, Inc., a subsidiary of the National Trust for Historic Preservation;

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 3002 (Chapter 481, AB 417)ê

 

      2.  Designate local Main Street programs in accordance with regulations adopted pursuant to section 6 of this act;

      3.  Coordinate those designated local Main Street programs;

      4.  Provide training and technical assistance to those designated local Main Street programs; and

      5.  Award grants from the Account to those designated local Main Street programs to further the community and economic revitalization and development of aging business districts and neighborhoods in this State.

      Sec. 6.  1.  The Executive Director shall adopt regulations setting forth:

      (a) The requirements to apply for and receive approval as a designated local Main Street program, including, without limitation, a requirement that each designated local Main Street program be administered by a county, city or nonprofit entity; and

      (b) The requirements for applying for a grant from the Account.

      2.  The Executive Director or his or her designee shall coordinate the Program in accordance with the standards developed by the National Main Street Center, Inc., to further the requirements set forth in section 5 of this act and to approve or deny applications for designation as a local Main Street program or for grants from the Account which are submitted in accordance with the regulations adopted pursuant to subsection 1.

      Sec. 7. 1.  The Account for the Nevada Main Street Program is hereby created in the State General Fund.

      2.  The Executive Director or his or her designee shall administer the Account and may apply for and accept any donation, gift, grant, bequest or other source of money for deposit in the Account.

      3.  The money in the Account must be used to:

      (a) Provide technical assistance and training to local Main Street programs;

      (b) Award grants to designated local Main Street programs approved pursuant to the regulations adopted pursuant to section 6 of this act; and

      (c) Pay any reasonable administrative expenses incurred by the Executive Director or his or her designee to carry out the Program.

      4.  Any money appropriated from the State General Fund for the Program must be deposited in the Account.

      5.  The interest and income earned on money in the Account, after deducting any applicable charges, must be credited to the Account.

      6.  Any claims against the Account must be paid as other claims against the State are paid.

      7.  Any money in the Account remaining at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      Sec. 8. (Deleted by amendment.)

      Sec. 9.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $350,000 for allocation to the Office of Economic Development within the Office of the Governor for the operation of the Nevada Main Street Program created by section 5 of this act, including, without limitation, administrative expenses, and the award of grants of money to designated local Main Street programs.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 3003 (Chapter 481, AB 417)ê

 

appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

      Sec. 10.  The appropriation made by section 9 of this act is not intended to finance ongoing expenditures of state agencies, and the expenditures financed with that appropriation must not be included as base budget expenditures in the proposed budget for the Executive Department of the State Government for the 2019-2021 biennium.

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

________

CHAPTER 482, AB 440

Assembly Bill No. 440–Assemblyman Yeager

 

CHAPTER 482

 

[Approved: June 8, 2017]

 

AN ACT relating to mental health; authorizing a proceeding for the involuntary court-ordered admission of a criminal defendant to a program of community-based or outpatient services to be commenced by the district court or by motion of the defendant or the district attorney under certain circumstances; requiring the court to dismiss the charges against the defendant if the defendant successfully completes such a program to the satisfaction of the court; requiring certain judges to hear proceedings for involuntary court-ordered admission; requiring a district court to request an evaluation of a person alleged to be a person with mental illness by an evaluation team; revising requirements concerning courses of instruction for certain judges; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that a proceeding for an involuntary court-ordered admission of a person may be commenced by the filing of a petition for the involuntary admission to a mental health facility or to a program of community-based or outpatient services with the clerk of the district court of the county where the person resides. (NRS 433A.200) Section 1 of this bill additionally authorizes a proceeding for the involuntary court-ordered admission of a person who is the defendant in a criminal proceeding in the district court to a program of community-based or outpatient services to be commenced by the district court, on its own motion, or by motion of the defendant or the district attorney if certain conditions are met. Section 4.3 of this bill specifies the circumstances under which the court may suspend the criminal proceedings against a defendant and order the defendant to a program of community-based or outpatient services. Under section 4.3, if the defendant successfully completes a program of community-based or outpatient services, the district court shall dismiss the criminal charges against the defendant with prejudice. Sections 2-4 of this bill make conforming changes. Section 2 provides that, if the Chief Judge of a district court has designated a district court judge or hearing master to preside over involuntary commitment hearings, that district court judge or hearing master must preside over such hearings.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 3004 (Chapter 482, AB 440)ê

 

      Existing law requires district judges assigned to the family court for a period of 90 or more days to attend instruction at the National Council of Juvenile and Family Court Judges in Reno, Nevada. (NRS 3.0105) Section 4.7 of this bill exempts a district judge or hearing master specifically assigned to hear certain involuntary commitment proceedings from the requirement to attend such instruction.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 433A.200 is hereby amended to read as follows:

      433A.200  1.  Except as otherwise provided in subsection 3 and NRS 432B.6075, a proceeding for an involuntary court-ordered admission of any person in the State of Nevada may be commenced by the filing of a petition for the involuntary admission to a mental health facility or to a program of community-based or outpatient services with the clerk of the district court of the county where the person who is to be treated resides. The petition may be filed by the spouse, parent, adult children or legal guardian of the person to be treated or by any physician, physician assistant, psychologist, social worker or registered nurse, by an accredited agent of the Department or by any officer authorized to make arrests in the State of Nevada. The petition must be accompanied:

      (a) By a certificate of a physician, a licensed psychologist, a physician assistant under the supervision of a psychiatrist, a clinical social worker who has the psychiatric training and experience prescribed by the Board of Examiners for Social Workers pursuant to NRS 641B.160, an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 or an accredited agent of the Department stating that he or she has examined the person alleged to be a person with mental illness and has concluded that the person has a mental illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty or if not required to participate in a program of community-based or outpatient services; or

      (b) By a sworn written statement by the petitioner that:

             (1) The petitioner has, based upon the petitioner’s personal observation of the person alleged to be a person with mental illness, probable cause to believe that the person has a mental illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty or if not required to participate in a program of community-based or outpatient services; and

             (2) The person alleged to be a person with mental illness has refused to submit to examination or treatment by a physician, psychiatrist or licensed psychologist.

      2.  Except as otherwise provided in NRS 432B.6075, if the person to be treated is a minor and the petitioner is a person other than a parent or guardian of the minor, [the] a petition submitted pursuant to subsection 1 must, in addition to the certificate or statement required by [subsection 1,] that subsection, include a statement signed by a parent or guardian of the minor that the parent or guardian does not object to the filing of the petition.

      3.  A proceeding for the involuntary court-ordered admission of a person who is the defendant in a criminal proceeding in the district court to a program of community-based or outpatient services may be commenced by the district court, on its own motion, or by motion of the defendant or the district attorney if:

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 3005 (Chapter 482, AB 440)ê

 

to a program of community-based or outpatient services may be commenced by the district court, on its own motion, or by motion of the defendant or the district attorney if:

      (a) The defendant has been examined in accordance with NRS 178.415;

      (b) The defendant is not eligible for commitment to the custody of the Administrator pursuant to NRS 178.461; and

      (c) The Division makes a clinical determination that placement in a program of community-based or outpatient services is appropriate.

      Sec. 2. NRS 433A.220 is hereby amended to read as follows:

      433A.220  1.  Immediately after the clerk of the district court receives any petition filed pursuant to NRS 433A.200 or 433A.210, the clerk shall transmit the petition to the appropriate district judge, who shall set a time, date and place for its hearing. Immediately after a motion is made pursuant to subsection 3 of NRS 433A.200, the district judge shall set a time, date and place for its hearing. The date must be within 5 judicial days after the date on which the petition is received by the clerk [.] or the motion is made, as applicable. If the Chief Judge, if any, of the district court has assigned a district court judge or hearing master to preside over such hearings, that judge or hearing master must preside over the hearing.

      2.  The court shall give notice of the petition or motion and of the time, date and place of any proceedings thereon to the subject of the petition [,] or motion, his or her attorney, if known, the person’s legal guardian, the petitioner, if applicable, the district attorney of the county in which the court has its principal office, the local office of an agency or organization that receives money from the Federal Government pursuant to 42 U.S.C. §§ 10801 et seq., to protect and advocate the rights of persons with mental illness and the administrative office of any public or private mental health facility in which the subject of the petition or motion is detained.

      3.  The provisions of this section do not preclude a facility from discharging a person before the time set pursuant to this section for the hearing concerning the person, if appropriate. If the person has a legal guardian, the facility shall notify the guardian prior to discharging the person from the facility. The legal guardian has discretion to determine where the person will be released, taking into consideration any discharge plan proposed by the facility assessment team. If the legal guardian does not inform the facility as to where the person will be released within 3 days after the date of notification, the facility shall discharge the person according to its proposed discharge plan.

      Sec. 3. NRS 433A.240 is hereby amended to read as follows:

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

      2.  After the filing of a motion pursuant to subsection 3 of NRS 433A.200, the court shall promptly request an evaluation by an evaluation team from the Division of the person alleged to be a person with mental illness.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 3006 (Chapter 482, AB 440)ê

 

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

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

      [4.]5.  Each physician and licensed psychologist who examines a person pursuant to subsection 1 or 2 shall, in conducting such an examination, consider the least restrictive treatment appropriate for the person.

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

      Sec. 4. NRS 433A.280 is hereby amended to read as follows:

      433A.280  In proceedings for involuntary court-ordered admission, the court shall hear and consider all relevant testimony, including, but not limited to, the testimony of examining personnel who participated in the evaluation of the person alleged to be a person with mental illness and the certificates of physicians or certified psychologists accompanying the petition [.] , if applicable. The court may consider testimony relating to any past actions of the person alleged to be a person with mental illness if such testimony is probative of the question of whether the person is presently mentally ill and presents a clear and present danger of harm to himself or herself or others.

      Sec. 4.3. NRS 433A.310 is hereby amended to read as follows:

      433A.310  1.  Except as otherwise provided in subsection 2 and NRS 432B.6076 and 432B.6077, if the district court finds, after proceedings for the involuntary court-ordered admission of a person:

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

      (b) That there is clear and convincing evidence that the person with respect to whom the hearing was held has a mental illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty or if not required to participate in a program of community-based or outpatient services, the court may order the involuntary admission of the person for the most appropriate course of treatment, including, without limitation, admission to a public or private mental health facility or participation in a program of community-based or outpatient services.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 3007 (Chapter 482, AB 440)ê

 

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

      2.  If the district court finds, after proceedings for the involuntary court-ordered admission of a defendant in a criminal proceeding pursuant to subsection 3 of NRS 433A.200:

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

      (b) That there is clear and convincing evidence that the defendant with respect to whom the hearing was held has a mental illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty or if not required to participate in a program of community-based or outpatient services, except as otherwise provided in this paragraph, the court shall order the involuntary admission of the defendant for participation in a program of community-based or outpatient services and suspend further proceedings in the criminal proceeding against the defendant until the defendant completes or is removed from the program. If the offense allegedly committed by the defendant is a category A or B felony or involved the use or threatened use of force or violence, the court may not order the involuntary admission of the defendant for participation in a program pursuant to this paragraph unless the prosecuting attorney stipulates to the assignment. The order of the court must be interlocutory and must not become final if, within 30 days after the involuntary admission, the person is unconditionally released pursuant to NRS 433A.390. If the defendant successfully completes a program of community-based or outpatient services to the satisfaction of the court, the court shall dismiss the criminal charges against the defendant with prejudice.

      3.  If, pursuant to NRS 176A.400, the district court issues an order granting probation to a defendant in a criminal proceeding with a condition that the defendant submit to mental health treatment and comply with instructions, admission to a program of community-based or outpatient services may be used to satisfy such a condition if the Division makes a clinical determination that placement in a program of community-based or outpatient services is appropriate.

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

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

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

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 3008 (Chapter 482, AB 440)ê

 

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

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

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

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

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

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

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

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

      [5.]7.  If the court issues an order involuntarily admitting a person to a public or private mental health facility or to a program of community-based or outpatient services pursuant to this section, the court shall, notwithstanding the provisions of NRS 433A.715, cause, within 5 business days after the order becomes final pursuant to this section, on a form prescribed by the Department of Public Safety, a record of the order to be transmitted to the Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.

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

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 3009 (Chapter 482, AB 440)ê

 

      Sec. 4.7.  NRS 3.0105 is hereby amended to read as follows:

      3.0105  1.  There is hereby established, in each judicial district that includes a county whose population is 100,000 or more, a family court as a division of the district court.

      2.  If the caseload of the family court so requires, the Chief Judge may assign one or more district judges of the judicial district to act temporarily as judges of the family court.

      3.  If for any reason a judge of the family court is unable to act, any other district judge of the judicial district may be assigned as provided in subsection 2 to act temporarily as judge of the family court.

      4.  A district judge assigned to the family court pursuant to subsection 2 or 3 for a period of 90 or more days , except for a district judge or hearing master assigned to hear proceedings brought pursuant to NRS 433A.200 to 433A.330, inclusive, must attend the instruction required pursuant to subsection 1 of NRS 3.028. District judges must not be assigned to the family court pursuant to subsections 2 and 3 on a rotating basis.

      Sec. 5. (Deleted by amendment.)

________

CHAPTER 483, AB 470

Assembly Bill No. 470–Assemblyman Yeager

 

CHAPTER 483

 

[Approved: June 8, 2017]

 

AN ACT relating to criminal procedure; authorizing the creation of a preprosecution diversion program for defendants charged with certain misdemeanor offenses; establishing qualifications for participation in such a program; requiring discharge of the defendant and dismissal of the original charge upon the successful completion of such a program; requiring a defendant who fails to complete the program to enter a plea on the original charge; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates a diversion program for certain offenders who have violated the terms of their probation. (NRS 209.4291) Existing law authorizes a court to assign such an offender to a program of treatment for mental illness or substance abuse issues. (NRS 209.4293) Existing law also authorizes a person who has successfully completed a preprosecution diversion program to request that any biological or DNA sample which was provided by the person to the State be destroyed. (NRS 176.09125) Sections 2-5 of this bill authorize the creation of a preprosecution diversion program for certain persons who have been accused of committing certain crimes which are punishable as a misdemeanor. Section 2 provides that if such a program has been created, the court may determine that a defendant is eligible to complete the preprosecution diversion program if the defendant: (1) is charged with a misdemeanor other than a violent crime, driving under the influence of intoxicating liquor or a controlled substance, vehicular manslaughter or a minor traffic offense; (2) has not previously been convicted of a crime other than a minor traffic offense; and (3) has not been previously ordered by a court to complete a preprosecution diversion program in this State. If a justice court or municipal court has developed a preprosecution diversion program pursuant to section 3 of this bill, section 2 authorizes, but does not require, the justice court or municipal court to order a defendant to complete a preprosecution diversion program and provides that the decision of the court relating to the participation of a defendant in the program may not be appealed.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 3010 (Chapter 483, AB 470)ê

 

defendant to complete a preprosecution diversion program and provides that the decision of the court relating to the participation of a defendant in the program may not be appealed.

      Section 3 of this bill authorizes a justice court or municipal court to develop a preprosecution diversion program. Section 3 requires a justice court or municipal court to establish the terms and conditions which a defendant must complete as part of such a preprosecution diversion program, if a defendant is ordered to complete such a program pursuant to section 2. Section 3 authorizes the court to include in the terms and conditions that the defendant complete a program of treatment and to impose any appropriate sanctions on the defendant, which may include, without limitation, community service, restitution or a curfew. Section 3 requires the court to issue an order containing the terms and conditions for successful completion of such a preprosecution diversion program. Section 3 provides that the defendant must: (1) complete the program before the date established by the court in the order, which must not be more than 18 months after the date of the order; and (2) appear before the court at least once every 3 months for a status hearing. Section 4 of this bill requires the court to dismiss the charge or charges against the defendant if he or she successfully completes the terms and conditions of such a preprosecution diversion program. Finally, section 4 of this bill requires a defendant who fails to complete the terms and conditions of such a preprosecution diversion program to be dismissed from the program and be prosecuted in the normal manner provided by law.

      Existing law requires the criminal records of a defendant to be sealed and treated as confidential if a defendant is acquitted or the charges are dropped, a certain period of time has passed since the conviction or if he or she completes a program for reentry or a program of treatment for: (1) veterans and the members of the military; (2) persons with mental illness or intellectual disabilities; or (3) substance abuse issues. (NRS 176A.265, 176A.295, 179.245, 179.255, 179.259, 453.3365, 458.330) Sections 5 and 10-12 of this bill similarly provide that the criminal records of a defendant who has successfully completed a preprosecution diversion program are sealed and confidential except as otherwise required by law. Section 7 of this bill authorizes the defendant to request that any biological or DNA sample provided to the State by the defendant be destroyed upon the successful completion of the preprosecution diversion program.

      Existing law authorizes a court to establish a program of treatment for certain offenders who are charged with specified offenses, including, without limitation, veterans and members of the military, persons with mental illness or intellectual disabilities or persons with substance abuse issues. (NRS 176A.250, 176A.280, 453.580) Sections 3, 8, 9 and 13 of this bill authorize a justice court or municipal court, as part of a preprosecution diversion program, to require a defendant to complete a program of treatment. Section 3 provides that such a program of treatment may include, without limitation, a program of treatment for veterans and members of the military, persons with mental illness or intellectual disabilities or persons with substance abuse issues, educational programs, participation in a support group, anger management therapy or counseling.

 

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

      Sec. 2. 1.  At the arraignment of a defendant in justice court or municipal court, but before the entry of a plea, the court may determine whether the defendant is eligible for assignment to a preprosecution diversion program established pursuant to section 3 of this act. The court shall receive input from the prosecuting attorney and the attorney for the defendant, if any, whether the defendant would benefit from and is eligible for assignment to the program.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 3011 (Chapter 483, AB 470)ê

 

shall receive input from the prosecuting attorney and the attorney for the defendant, if any, whether the defendant would benefit from and is eligible for assignment to the program.

      2.  A defendant may be determined to be eligible by the court for assignment to a preprosecution diversion program if the defendant:

      (a) Is charged with a misdemeanor other than:

             (1) A crime of violence as defined in NRS 200.408;

             (2) Vehicular manslaughter as described in NRS 484B.657;

             (3) Driving under the influence of intoxicating liquor or a controlled substance in violation of NRS 484C.110, 484C.120 or 484C.130; or

             (4) A minor traffic offense; and

      (b) Has not previously been:

             (1) Convicted of violating any criminal law other than a minor traffic offense; or

             (2) Ordered by a court to complete a preprosecution diversion program in this State.

      3.  If a defendant is determined to be eligible for assignment to a preprosecution diversion program pursuant to subsection 2, the justice court or municipal court may order the defendant to complete the program pursuant to subsection 5 of section 3 of this act.

      4.  A defendant has no right to complete a preprosecution diversion program or to appeal the decision of the justice court or municipal court relating to the participation of the defendant in such a program.

      Sec. 3. 1.  A justice court or municipal court may establish a preprosecution diversion program to which it may assign a defendant if he or she is determined to be eligible pursuant to section 2 of this act.

      2.  If a defendant is determined to be eligible for assignment to a preprosecution diversion program pursuant to section 2 of this act, the justice or municipal court must receive input from the prosecuting attorney, the attorney for the defendant, if any, and the defendant relating to the terms and conditions for the defendant’s participation in the program.

      3. A preprosecution diversion program established by a justice court or municipal court pursuant to this section may include, without limitation:

      (a) A program of treatment which may rehabilitate a defendant, including, without limitation, educational programs, participation in a support group, anger management therapy, counseling or a program of treatment for veterans and members of the military, mental illness or intellectual disabilities or the abuse of alcohol or drugs;

      (b) Any appropriate sanctions to impose on a defendant, which may include, without limitation, community service, restitution, prohibiting contact with certain persons or the imposition of a curfew; and

      (c) Any other factor which may be relevant to determining an appropriate program of treatment or sanctions to require for participation of a defendant in the preprosecution diversion program.

      4.  If the justice court or municipal court determines that a defendant may be rehabilitated by a program of treatment for veterans and members of the military, persons with mental illness or intellectual disabilities or the abuse of alcohol or drugs, the court may refer the defendant to an appropriate program of treatment established pursuant to NRS 176A.250, 176A.280 or 453.580.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 3012 (Chapter 483, AB 470)ê

 

176A.280 or 453.580. The court shall retain jurisdiction over the defendant while the defendant completes such a program of treatment.

      5.  The justice court or municipal court shall, when assigning a defendant to a preprosecution diversion program, issue an order setting forth the terms and conditions for successful completion of the preprosecution diversion program, which may include, without limitation:

      (a) Any program of treatment the defendant is required to complete;

      (b) Any sanctions and the manner in which they must be carried out by the defendant;

      (c) The date by which the terms and conditions must be completed by the defendant, which must not be more than 18 months after the date of the order;

      (d) A requirement that the defendant appear before the court at least one time every 3 months for a status hearing on the progress of the defendant toward completion of the terms and conditions set forth in the order; and

      (e) A notice relating to the provisions of subsection 3 of section 4 of this act.

      6.  A defendant assigned to a preprosecution diversion program shall pay the cost of any program of treatment required by this section to the extent of his or her financial resources. The court shall not refuse to place a defendant in a program of treatment if the defendant does not have the financial resources to pay any or all of the costs of such program.

      7.  If restitution is ordered to be paid pursuant to subsection 5, the defendant must make a good faith effort to pay the required amount of restitution in full. If the justice court or municipal court determines that a defendant is unable to pay such restitution, the court must require the defendant to enter into a judgment by confession for the amount of restitution.

      Sec. 4. 1.  If the justice court or municipal court determines that a defendant has successfully completed the terms and conditions of a preprosecution diversion program ordered pursuant to subsection 5 of section 3 of this act, the court must discharge the defendant and dismiss the indictment, information, complaint or citation.

      2.  Discharge and dismissal pursuant to subsection 1 is without adjudication of guilt and is not a conviction for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose. Discharge and dismissal restores the defendant, in the contemplation of the law, to the status occupied before the indictment, information, complaint or citation. The defendant may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge the indictment, information, complaint or citation in response to an inquiry made of the defendant for any purpose.

      3.  If the justice court or municipal court determines that a defendant has not successfully completed the terms or conditions of a preprosecution diversion program ordered pursuant to subsection 5 of section 3 of this act, the court must issue an order terminating the participation of the defendant in the preprosecution diversion program and order the defendant to appear for an arraignment to enter a plea based on the original indictment, information, complaint or citation pursuant to NRS 174.015.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 3013 (Chapter 483, AB 470)ê

 

      Sec. 5.  1.  If the defendant is discharged and the indictment, information, complaint or citation is dismissed pursuant to section 4 of this act, the justice court or municipal court must order sealed all documents, papers and exhibits in the record of the defendant, 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 order of the court. The court shall order those records sealed without a hearing unless the district attorney petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.

      2.  If the justice court or municipal court orders the record of a defendant sealed, the defendant must 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.

      Sec. 6. NRS 174.015 is hereby amended to read as follows:

      174.015  1.  [Arraignment] Except as otherwise provided in subsection 3, arraignment shall be conducted in open court and shall consist of reading the indictment or information to the defendant or stating the substance of the charge and calling on the defendant to plead thereto. The defendant shall be given a copy of the indictment or information before the defendant is called upon to plead.

      2.  In justice court [,] or municipal court, before the trial commences, the complaint must be distinctly read to the defendant before the defendant is called upon to plead.

      3.  In justice court or municipal court, before the defendant is called upon to plead, the court shall determine whether the defendant is eligible for assignment to a preprosecution diversion program pursuant to section 2 of this act.

      Sec. 7. NRS 176.09125 is hereby amended to read as follows:

      176.09125  1.  A person whose record of criminal history indicates the collection of a biological specimen and whose DNA profile and DNA record have been included in the State DNA Database and CODIS pursuant to NRS 176.09123 may make a written request to the Central Repository for Nevada Records of Criminal History, using the form created pursuant to NRS 176.09165, that the biological specimen be destroyed and the DNA profile and DNA record be purged from the forensic laboratory, the State DNA Database and CODIS on the grounds that:

      (a) The conviction on which the authority for keeping the biological specimen or the DNA profile or DNA record has been reversed and the case dismissed; or

      (b) The arrest which led to the inclusion of the biological specimen or the DNA profile or DNA record:

             (1) Has resulted in a felony charge that has been resolved by a dismissal, the successful completion of a preprosecution diversion program [,] pursuant to section 4 of this act, a conditional discharge, an acquittal or an agreement entered into by a prosecuting attorney and a defendant in which the defendant, in exchange for a plea of guilty, guilty but mentally ill or nolo contendere, receives a charge other than a felony; or

             (2) Has not resulted in any additional criminal charge for a felony within 3 years after the date of the arrest.

      2.  Within 6 weeks after receiving a written request pursuant to subsection 1, the Central Repository for Nevada Records of Criminal History shall forward the request and all supporting documentation to the forensic laboratory holding the biological specimen.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 3014 (Chapter 483, AB 470)ê

 

laboratory holding the biological specimen. Except as otherwise provided in subsection 3, upon receipt of the written request, the forensic laboratory shall destroy any biological specimen from the person and purge the DNA profile of the person if the written request is accompanied by:

      (a) A certified copy of the court order reversing and dismissing the conviction; or

      (b) For any biological specimen obtained pursuant to an arrest for which a biological specimen must be provided pursuant to NRS 176.09123:

             (1) A certified copy of the dismissal, the successful completion of a preprosecution diversion program [,] pursuant to section 4 of this act, a conditional discharge, an acquittal or the agreement entered into by the prosecuting attorney and the defendant in which the defendant, in exchange for a plea of guilty, guilty but mentally ill or nolo contendere, received a charge other than a felony; or

             (2) A sworn affidavit from the law enforcement agency which submitted the biological specimen that no felony charges arising from the arrest have been filed within 3 years after the date of the arrest.

      3.  The forensic laboratory shall not destroy a biological specimen or purge the DNA profile of a person if the forensic laboratory is notified by a law enforcement agency that the person has a prior felony, a new felony arrest or a pending felony charge for which collection of a biological specimen is authorized pursuant to NRS 176.09123.

      4.  If a forensic laboratory:

      (a) Determines that the requirements to destroy a biological specimen or purge a DNA profile or DNA record of a person have not been met, the forensic laboratory shall notify the Central Repository of Nevada Records of Criminal History of that fact. The Central Repository shall, as soon as reasonably practicable, notify the person that his or her request has been denied.

      (b) Destroys a biological specimen and purges a DNA profile pursuant to this section, the forensic laboratory shall take the following actions:

             (1) Notify the State DNA Database that the DNA profile and DNA record of the person must be purged from the State DNA Database and from CODIS. Upon receipt of such notification, the DNA profile and DNA record of the person must be purged from the State DNA Database and CODIS.

             (2) Notify the Central Repository for Nevada Records of Criminal History that the forensic laboratory has destroyed the biological specimen and purged the DNA profile of the person and has notified the State DNA Database that the DNA profile and DNA record of the person must be purged from the State DNA Database and CODIS. Upon receipt of such notification, the Central Repository shall, as soon as reasonably practicable, notify the person that his or her request has been granted, his or her biological specimen has been destroyed by the forensic laboratory and his or her DNA profile and DNA record have been purged from the forensic laboratory, the State DNA Database and CODIS.

      Sec. 8. NRS 176A.250 is hereby amended to read as follows:

      176A.250  A court may establish an appropriate program for the treatment of mental illness or intellectual disabilities to which it may assign a defendant pursuant to NRS 176A.260 [.] or section 3 of this act. The assignment must include the terms and conditions for successful completion of the program and provide for progress reports at intervals set by the court to ensure that the defendant is making satisfactory progress towards completion of the program.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 3015 (Chapter 483, AB 470)ê

 

      Sec. 9. NRS 176A.280 is hereby amended to read as follows:

      176A.280  A court may establish an appropriate program for the treatment of veterans and members of the military to which it may assign a defendant pursuant to NRS 176A.290 [.] or section 3 of this act. The assignment must include the terms and conditions for successful completion of the program and provide for progress reports at intervals set by the court to ensure that the defendant is making satisfactory progress towards completion of the program.

      Sec. 10. 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. 11. 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

      (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.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 3016 (Chapter 483, AB 470)ê

 

      4.  A person who has had his or her records sealed in this State or any other state may present official documentation that the person has been restored to his or her civil rights or a court order restoring civil rights as proof that the person has been restored to the right to vote, to hold office and to serve as a juror.

      Sec. 12. 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 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 for a conviction of another offense.

      Sec. 13. NRS 453.580 is hereby amended to read as follows:

      453.580  1.  A court may establish an appropriate treatment program to which it may assign a person pursuant to subsection 4 of NRS 453.336, NRS 453.3363 or 458.300 [,] or section 3 of this act, or it may assign such a person to an appropriate treatment provider. The assignment must include the terms and conditions for successful completion of the program and provide for progress reports at intervals set by the court to ensure that the person is making satisfactory progress toward completion of the program.

      2.  A program to which a court assigns a person pursuant to subsection 1 must include:

      (a) Information and encouragement for the participant to cease abusing alcohol or using controlled substances through educational, counseling and support sessions developed with the cooperation of various community, health, substance abuse, religious, social service and youth organizations;

      (b) The opportunity for the participant to understand the medical, psychological and social implications of substance abuse; and

      (c) Alternate courses within the program based on the different substances abused and the addictions of participants.

      3.  If the offense with which the person was charged involved the use or possession of a controlled substance, in addition to the program or as a part of the program, the court must also require random testing or screening to determine that the person is not using a controlled substance.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 3017 (Chapter 483, AB 470)ê

 

      4.  Before the court assigns a person to a program pursuant to this section, the person must agree to pay the cost of the program to which the person is assigned and the cost of any additional supervision required pursuant to subsection 3, to the extent of the financial resources of the person. If the person does not have the financial resources to pay all of the related costs, the court shall, to the extent practicable, arrange for the person to be assigned to a program with a treatment provider that receives a sufficient amount of federal or state funding to offset the remainder of the costs.

      5.  If a court places a person under the supervision of a treatment provider to receive treatment for the abuse of alcohol or use of controlled substances pursuant to this section, the court may authorize the person to complete any period of treatment remaining under the supervision of a treatment provider in another jurisdiction if the court determines that:

      (a) The person is eligible to receive treatment under a program of treatment in the other jurisdiction; and

      (b) The program of treatment in the other jurisdiction is substantially similar to the program of treatment to which the person is assigned in this State.

      6.  As used in this section:

      (a) “Treatment provider” has the meaning ascribed to it in NRS 458.010.

      (b) “Treatment provider in another jurisdiction” means a person or a public or private agency, residential treatment center, facility for the treatment of abuse of alcohol or drugs, or voluntary organization which holds a license, certificate or other credential issued by a regulatory agency in another jurisdiction.

________

CHAPTER 484, AB 286

Assembly Bill No. 286–Assemblyman Elliot Anderson

 

Joint Sponsor: Senator Cannizzaro

 

CHAPTER 484

 

[Approved: June 8, 2017]

 

AN ACT relating to criminal procedure; revising provisions concerning the eligibility of a defendant for assignment to a program for the treatment of veterans and members of the military; authorizing a district court, justice court or municipal court to establish such a program; making various other changes relating to such a program; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a district court to establish an appropriate program for the treatment of veterans and members of the military to which it may assign an eligible defendant. A justice court or municipal court is authorized, upon approval of the district court, to transfer original jurisdiction of a case involving such an eligible defendant to the district court. (NRS 176A.280, 176A.285) Section 3 of this bill additionally authorizes a justice court or municipal court to establish such a program and revises the provisions concerning the eligibility of a defendant for assignment to such a program. Section 3 also provides that the assignment of a defendant to such a program must be for a period of not less than 12 months.

 


…………………………………………………………………………………………………………………

ê2017 Statutes of Nevada, Page 3018 (Chapter 484, AB 286)ê

 

      Section 2 of this bill provides that a defendant is ineligible for assignment to such a program if he or she: (1) has previously been assigned to such a program; or (2) was discharged or released from the Armed Forces of the United States, a reserve component thereof or the National Guard under dishonorable conditions. Section 2 also provides that a defendant who was discharged or released from the Armed Forces of the United States, a reserve component thereof or the National Guard under dishonorable conditions may be assigned to such a program if a court determines that extraordinary circumstances exist to warrant the assignment.

      Existing law provides that upon violation of a term or condition of such a program, the court may: (1) enter a judgment of conviction and proceed as provided in the section pursuant to which the defendant was charged; and (2) order the defendant to the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison. (NRS 176A.290) Section 5 of this bill authorizes the imposition of certain sanctions against a defendant for such a violation.

      Existing law provides that upon fulfillment of the terms and conditions of such a program, the court shall discharge the defendant and dismiss the proceedings. (NRS 176A.290) Section 5 provides that for defendants in the program who were charged with battery constituting domestic violence or driving under the influence, the court may conditionally dismiss the charges. Under section 6 of this bill, if the charges are conditionally dismissed, then not sooner than 7 years after such a conditional dismissal and upon the filing of a petition by the defendant, the court must order that all records relating to the charges be sealed.

      Under existing law, before accepting a plea from a defendant or proceeding to trial, a justice of the peace or municipal judge must address the defendant personally and ask the defendant if he or she is a veteran or a member of