[Rev. 11/14/2017 12:10:29 PM]

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CHAPTER 507, AB 52

Assembly Bill No. 52–Committee on Government Affairs

 

CHAPTER 507

 

[Approved: June 9, 2017]

 

AN ACT relating to water; defining certain terms relating to dissolved mineral resources; setting forth certain provisions relating to the drilling and operation of a dissolved mineral resource exploration well; establishing certain requirements for an application to drill a dissolved mineral resource exploration well; providing that certain losses of water by a dissolved mineral resource exploration project are not subject to certain appropriation procedures; requiring the Commission on Mineral Resources to establish a fee for the issuance of a permit to drill a dissolved mineral resource exploration well; requiring the Commission, in coordination with the Division of Water Resources and the Division of Environmental Protection of the State Department of Conservation and Natural Resources, to adopt certain regulations; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill establishes provisions governing exploration for dissolved mineral resources. Section 1.4 of this bill provides that the provisions of this bill apply only to the exploration for dissolved mineral resources and not the ownership of such resources. Sections 3, 12 and 14 of this bill define the terms “dissolved mineral resource,” “dissolved mineral resource exploration borehole” and “dissolved mineral resource exploration well.” Sections 16 and 17 of this bill provide for the issuance by the Administrator of the Division of Minerals of the Commission on Mineral Resources of a permit to drill a dissolved mineral resource exploration well. Section 18 of this bill provides that the reasonable loss of water of not more than 5 acre-feet during the testing and sampling of water pumped within a dissolved mineral resource exploration project is not subject to the appropriation procedures of chapters 533 and 534 of NRS, but a dissolved mineral resource exploration project that pumps more than 5 acre-feet of water is required to follow such procedures. Section 18 also defines the term “dissolved mineral resource exploration project.” Section 19 of this bill requires the Commission on Mineral Resources to establish a fee of not more than $1,500 for the issuance of a permit to drill a dissolved mineral resource exploration well. Section 20 of this bill requires the Commission, in coordination with the Division of Water Resources and the Division of Environmental Protection of the State Department of Conservation and Natural Resources, to adopt regulations to carry out a program for regulating the drilling or operation of dissolved mineral resource exploration boreholes and dissolved mineral resource exploration wells. Section 21 of this bill provides that a person who violates any provision of this bill or any regulations adopted pursuant thereto or an order of the Division of Minerals is subject to a penalty.

 

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.)

 


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      Sec. 1.2. Title 48 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 1.4 to 21, inclusive, of this act.

      Sec. 1.4. 1.  The provisions of this chapter govern exploration for dissolved mineral resources.

      2.  Ownership of dissolved mineral resources is determined by the applicable federal and state laws or regulations.

      3.  Except as expressly provided, nothing in this chapter shall be construed to abrogate the provisions of chapter 445A, 519A, 533, 534 or 534A of NRS.

      Sec. 1.6. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 2 to 15, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 2. “Administrator” means the Administrator of the Division of Minerals of the Commission on Mineral Resources.

      Sec. 3. “Dissolved mineral resource” means all dissolved or entrained minerals that may be obtained from the naturally occurring liquid or brine in which they are found, including, without limitation, lithium. The term does not include a geothermal resource as defined in NRS 534A.010.

      Secs. 4-11. (Deleted by amendment.)

      Sec. 12. “Dissolved mineral resource exploration borehole” means a penetration in the ground that is made to sample or obtain water or chemical, geologic, geophysical or geotechnical information about a dissolved mineral resource and which cannot be pumped as a well.

      Sec. 13.  (Deleted by amendment.)

      Sec. 14. “Dissolved mineral resource exploration well” means a well drilled to measure, test or sample water, including, without limitation, pumping tests, to determine whether dissolved mineral resources are present in concentrations and volumes sufficient to justify production.

      Sec. 15. “Division” means the Division of Minerals of the Commission on Mineral Resources.

      Sec. 16. 1.  A person may not drill a dissolved mineral resource exploration well without first obtaining a permit from the Administrator and complying with the conditions of the permit.

      2.  To obtain a permit to drill a dissolved mineral resource exploration well, a person must submit an application for a permit to the Administrator in the form and containing such information as prescribed by the Administrator in accordance with regulations adopted pursuant to this chapter.

      3.  An application submitted pursuant to subsection 2 must include:

      (a) The location, design and expected depth of the well;

      (b) The materials of construction for the well;

      (c) The status of the land on which the well will be constructed;

      (d) A plan for monitoring the well and a plan for plugging and abandoning the well in accordance with any regulations adopted pursuant to this chapter;

      (e) A plan for managing any fluids generated as part of testing or sampling, which must include, without limitation, a description of how the fluids will be managed in accordance with the requirements of chapter 445A of NRS and as required by the Division of Environmental Protection of the State Department of Conservation and Natural Resources; and

 


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      (f) Any other reporting, information or analysis necessary to prevent the migration of fluids between aquifers and the degradation of the water quality in accordance with any regulations adopted pursuant to this chapter.

      4.  In addition to any other requirement of this section, a dissolved mineral resource exploration well or a dissolved mineral resource exploration borehole must be drilled by a person who is licensed to drill wells pursuant to NRS 534.140.

      5.  The issuance of a permit pursuant to section 17 of this act does not authorize a person to produce dissolved mineral resources without a water right.

      Sec. 17. 1.  The Administrator shall approve or reject an application for a permit to drill a dissolved mineral resource exploration well within 30 days after the Administrator receives an application in proper form, unless the Administrator determines that the application conflicts with the requirements of NRS 445A.300 to 445A.730, inclusive, and any regulations adopted pursuant thereto, or any other laws and regulations administered by the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      2.  A permit issued pursuant to this section must not be effective for more than 2 years, but may be extended one time by the Administrator for an additional 2 years if he or she determines that the permit complies with the requirements of this chapter and any regulations adopted pursuant thereto.

      3.  The Administrator and the State Engineer may hold public hearings jointly or separately to gather such evidence or information as they deem necessary for a full understanding of all the rights involved and to properly guard the public interest. The Administrator must notify the applicant, the State Engineer and the Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources in advance of any hearing held pursuant to this section.

      4.  A permit issued pursuant to this section must include any conditions and reporting requirements deemed necessary by the Administrator.

      5.  The holder of any permit issued pursuant to this section must comply with the requirements of NRS 445A.300 to 445A.730, inclusive, and any regulations adopted pursuant thereto.

      6.  The Administrator shall post any permit which has been approved pursuant to this section on the Internet website of the Division of Minerals within 5 days after the permit has been approved.

      Sec. 18. 1.  The appropriation procedures of chapters 533 and 534 of NRS do not apply to the reasonable loss of water of not more than 5 acre-feet during the testing and sampling of water pumped within a dissolved mineral resource exploration project.

      2.  Any water pumped in excess of 5 acre-feet within a dissolved mineral resource exploration project is subject to the appropriation procedures of chapters 533 and 534 of NRS. An operator of a dissolved mineral resource exploration project must ensure that the project is in compliance with the appropriation requirements of chapters 533 and 534 of NRS before the project exceeds the threshold of 5-acre-feet.

 


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      3.  As used in this section, “dissolved mineral resource exploration project” means a project, which may consist of one or more dissolved mineral resource exploration wells or boreholes or both, that is conducted on:

      (a) Private land owned or controlled by a natural person or an exploration or mining company; or

      (b) A mining claim on public land that is identified in an approved notice or plan required pursuant to 43 C.F.R §§ 3809.300 to 3809.336, inclusive, or 3809.400 to 3809.434, inclusive.

      Sec. 19. 1.  The Commission on Mineral Resources shall, by regulation, establish a fee to be collected by the Division for examining and filing an application for a permit to drill a dissolved mineral exploration well. The fee must not exceed $1,500.

      2.  The money collected pursuant to this section:

      (a) Must be deposited with the State Treasurer for credit to the Account for the Division of Minerals created in the State General Fund pursuant to NRS 513.103.

      (b) May be used only to administer the provisions of this chapter.

      Sec. 20. The Commission on Mineral Resources:

      1.  Shall, in coordination with the Division of Water Resources and the Division of Environmental Protection of the State Department of Conservation and Natural Resources, adopt regulations to carry out a program for regulating the drilling and operation of dissolved mineral resource exploration wells and dissolved mineral resource exploration boreholes; and

      2.  May adopt any other regulations necessary to carry out the provisions of this chapter.

      Sec. 21. Any person who willfully violates any provision of this chapter or any regulation adopted pursuant thereto or an order of the Division issued pursuant to this chapter is subject to a penalty of not more than $1,000 for each act or violation and for each day that the violation continues.

      Sec. 22.  This act becomes effective:

      1.  Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      2.  On January 1, 2018, for all other purposes.

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ê2017 Statutes of Nevada, Page 3415ê

 

CHAPTER 508, AB 80

Assembly Bill No. 80–Committee on Government Affairs

 

CHAPTER 508

 

[Approved: June 9, 2017]

 

AN ACT relating to redevelopment; allowing certain cities to extend the date for termination of certain redevelopment plans under certain circumstances; requiring that the payment of certain costs by a redevelopment agency be made pursuant to a written agreement; revising provisions relating to the area included within a redevelopment area; requiring certain cities to set aside a portion of the revenues from taxes imposed on property in certain redevelopment areas to be used to improve and preserve existing public educational facilities; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a redevelopment plan adopted before January 1, 1991, by a redevelopment agency of a city whose population is 500,000 or more (currently the City of Las Vegas), and any amendments to the plan must terminate at the end of the fiscal year in which the principal and interest of the last maturing of the securities issued before that date concerning the redevelopment area are fully paid or, if certain conditions are met, 60 years after the date on which the original redevelopment plan was adopted, whichever is later. Any other redevelopment plan adopted before January 1, 1991, and any amendments to the plan also must terminate upon the retirement of the last maturing securities or up to 45 years after the date on which the original redevelopment plan was adopted, whichever is later. (NRS 279.438) Section 1 of this bill authorizes a city whose population is 220,000 or more located in a county whose population is 100,000 or more but less than 700,000 (currently the City of Reno) to extend the date of termination of a redevelopment plan adopted before January 1, 1991, to the later of the retirement of the last maturing securities or 60 years after the date on which the original redevelopment plan was adopted, whichever is later. The extension of the termination period from 45 years to 60 years is only available if the legislative body of the city adopts an extension of the redevelopment plan by ordinance. The adoption of an extension of a redevelopment plan has no effect on the allocation of revenues among taxing authorities within the redevelopment area.

      Under existing law, the redevelopment agency of a city or county, with the consent of the governing body of the city or county, is authorized, in certain circumstances, to pay all or part of the value of the land for and the cost of the construction of a building, facility, structure or other improvement to real property or installation of an improvement which is publicly or privately owned and is located within or without a redevelopment area for which the agency has adopted a redevelopment plan. (NRS 279.486) Section 1.2 of this bill provides that an agency may only make such payments pursuant to a written agreement with one or more developers or other persons.

      Existing law imposes various requirements relating to the area included within a redevelopment area. (NRS 279.519) Section 1.4 of this bill requires that the boundaries of a redevelopment area created after July 1, 2017, and the boundaries of an area added to a redevelopment area after July 1, 2017: (1) follow, in the same manner as for election precincts, visible ground features or extensions of visible ground features, except where the boundary coincides with the official boundary of the State or a county or city; and (2) be regular in shape, except to the extent of physical or political boundaries. Sections 1.4 and 1.6 of this bill require a redevelopment area to contain all taxable property in the area, except for certain property which is specifically excluded.

 


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      Existing law authorizes an amendment to an existing redevelopment area, including the addition of one or more areas to the redevelopment area. (NRS 279.608) Section 1.8 of this bill prohibits the removal of an area from a redevelopment area by amendment.

      Under existing law, if the redevelopment agency of a city whose population is 220,000 or more but less than 500,000 located in a county whose population is 700,000 or more (currently the City of Henderson) adopts an ordinance extending the date of termination of its redevelopment plan, 18 percent of the incremental revenues received from taxes on the taxable property located in the redevelopment area affected by the ordinance on or after the effective date of the ordinance is required to be set aside and used to improve and preserve existing public educational facilities which are located within the redevelopment area or which serve pupils who reside within the redevelopment area. Existing law also provides that the obligation to set aside such revenues is subordinate to any existing obligations of the agency. (NRS 279.6855) Section 2.5 of this bill extends the applicability of these provisions to any city whose population is 220,000 or more but less than 500,000, regardless of the population of the county in which it is located (currently the cities of Henderson and Reno), but only if the city adopts an ordinance extending the date of termination of its redevelopment plan.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 279.438 is hereby amended to read as follows:

      279.438  1.  A redevelopment plan adopted before January 1, 1991, and any amendments to the plan must terminate at the end of the fiscal year in which the principal and interest of the last maturing of the securities issued before that date concerning the redevelopment area are fully paid or:

      (a) With respect to a redevelopment plan adopted by the agency of a city whose population is 220,000 or more located in a county whose population is 100,000 or more but less than 700,000, if the legislative body adopts an extension of the redevelopment plan by ordinance, 60 years after the date on which the original redevelopment plan was adopted, whichever is later. Such an extension of a redevelopment plan has no effect on the allocation of revenues among taxing authorities within such a redevelopment area.

      (b) With respect to a redevelopment plan adopted by the agency of a city whose population is 500,000 or more, if the requirements set forth in subsection 2 are met, 60 years after the date on which the original redevelopment plan was adopted, whichever is later.

      [(b)] (c) With respect to any other redevelopment plan, including a redevelopment plan adopted by an agency of a city [whose population is 500,000 or more,] specified in paragraph (a) or (b), if the requirements set forth in [subsection 2] paragraph (a) or (b) are not met, 45 years after the date on which the original redevelopment plan was adopted, whichever is later.

      2.  A redevelopment plan adopted by an agency of a city whose population is 500,000 or more may terminate on the date prescribed by paragraph [(a)] (b) of subsection 1 only if the legislative body adopts an extension of the redevelopment plan by ordinance and, on the date on which the extension is adopted:

 


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      (a) The assessed value of the aggregate number of redevelopment projects in the redevelopment area is not less than the assessed value of the aggregate number of redevelopment projects in the year in which the redevelopment plan was adopted; and

      (b) The assessed value of the redevelopment area is not less than 75 percent of the assessed value of the redevelopment area in the year in which the redevelopment plan was adopted.

      Sec. 1.2.NRS 279.486 is hereby amended to read as follows:

      279.486  1.  An agency may, with the consent of the legislative body [,] and pursuant to a written agreement with one or more developers or other persons, pay all or part of the value of the land for and the cost of the construction of any building, facility, structure or other improvement and the installation of any improvement which is publicly or privately owned and located within or without the redevelopment area.

      2.  Within 14 days before a meeting at which the legislative body of a city whose population is 500,000 or more is scheduled to consider an action proposed by the agency of the city pursuant to subsection 1, the agency shall make available to the public a detailed report which includes, without limitation:

      (a) A copy of any contract, memorandum of understanding or other agreement between the agency or the legislative body and any other person relating to the redevelopment project.

      (b) A summary of the redevelopment project which includes, without limitation:

             (1) A full and complete description of:

                   (I) The costs of the redevelopment project, including, without limitation, the costs of acquiring any real property, clearance costs, relocation costs, the costs of any improvements which will be paid by the agency and the amount of the anticipated interest on any bonds issued or sold to finance the project.

                   (II) The estimated current value of the real property interest to be conveyed or leased, determined at its highest and best use permitted under the redevelopment plan.

                   (III) The estimated value of the real property interest to be conveyed or leased, determined at the use and with the conditions, covenants and restrictions, and development costs required by the sale or lease, and the current purchase price or present value of the lease payments which the lessee is required to make during the term of the lease. If the sale price or present value of the total rental amount to be paid to the agency or legislative body is less than the fair market value of the real property interest to be conveyed or leased, determined at the highest and best use permitted under the redevelopment plan, the agency shall provide an explanation of the reason for the difference.

             (2) An explanation of how the project will assist in the elimination of blight, including, without limitation, reference to all supporting facts and materials relied on in reaching the conclusions presented in the explanation.

      3.  Before the legislative body may give its consent to an action proposed by the agency pursuant to subsection 1, it must determine that:

      (a) The buildings, facilities, structures or other improvements are of benefit to the redevelopment area or the immediate neighborhood in which the redevelopment area is located; and

 


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      (b) No other reasonable means of financing those buildings, facilities, structures or other improvements are available.

Ê Those determinations by the agency and the legislative body are final and conclusive.

      4.  In reaching its determination that the buildings, facilities, structures or other improvements are of benefit to the redevelopment area or the immediate neighborhood in which the redevelopment area is located, the legislative body shall consider:

      (a) Whether the buildings, facilities, structures or other improvements are likely to:

             (1) Encourage the creation of new business or other appropriate development;

             (2) Create jobs or other business opportunities for nearby residents;

             (3) Increase local revenues from desirable sources;

             (4) Increase levels of human activity in the redevelopment area or the immediate neighborhood in which the redevelopment area is located;

             (5) Possess attributes that are unique, either as to type of use or level of quality and design;

             (6) Require for their construction, installation or operation the use of qualified and trained labor; and

             (7) Demonstrate greater social or financial benefits to the community than would a similar set of buildings, facilities, structures or other improvements not paid for by the agency.

      (b) The opinions of persons who reside in the redevelopment area or the immediate neighborhood in which the redevelopment area is located.

      (c) Comparisons between the level of spending proposed by the agency and projections, made on a pro forma basis by the agency, of future revenues attributable to the buildings, facilities, structures or other improvements.

      5.  If the value of that land or the cost of the construction of that building, facility, structure or other improvement, or the installation of any improvement has been, or will be, paid or provided for initially by the community or other governmental entity, the agency may enter into a contract with that community or governmental entity under which it agrees to reimburse the community or governmental entity for all or part of the value of that land or of the cost of the building, facility, structure or other improvement, or both, by periodic payments over a period of years. The obligation of the agency under that contract constitutes an indebtedness of the agency which may be payable out of taxes levied and allocated to the agency under paragraph (b) of subsection 1 of NRS 279.676, or out of any other available money.

      Sec. 1.4.NRS 279.519 is hereby amended to read as follows:

      279.519  1.  A redevelopment area need not be restricted to buildings, improvements or lands which are detrimental or inimical to the public health, safety or welfare, but may consist of an area in which such conditions predominate and injuriously affect the entire area. A redevelopment area may include, in addition to blighted areas, lands, buildings or improvements which are not detrimental to the public health, safety or welfare, but whose inclusion is found necessary for the effective redevelopment of the area of which they are a part.

      2.  At least 75 percent of the area included within a redevelopment area must be improved land and may include, without limitation:

 


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      (a) Public land upon which public buildings have been erected or improvements have been constructed.

      (b) Land on which an abandoned mine, landfill or other similar use is located and which is surrounded by or directly abuts the improved land.

      3.  The area included within a redevelopment area may be contiguous or noncontiguous.

      4.  If the subject of the redevelopment is an eligible railroad or facilities related to an eligible railroad, the area included within a redevelopment area may consist of contiguous or noncontiguous vacant land that:

      (a) Is located near the eligible railroad; and

      (b) May accommodate commercial or industrial facilities that may use the eligible railroad.

      5.  The boundaries of a redevelopment area created after July 1, 2017, and of each area of land added to a redevelopment area by an amendment adopted pursuant to NRS 279.608 after July 1, 2017, must:

      (a) Follow visible ground features or extensions of visible ground features, except where the boundary coincides with the official boundary of the State or a county or city; and

      (b) Except to the extent of physical or political boundaries, be regular in shape.

      6.  A redevelopment area must include all taxable property within the area except for property which is taxable pursuant to NRS 361.157 or which must be excluded pursuant to subsection 7.

      7.  The taxable property in a redevelopment area must not be included in any subsequently created redevelopment area until at least 50 years after the effective date of creation of the first redevelopment area in which the property was included.

      [6.]8.  As used in this section [, “improved] :

      (a) “Improved land” means:

      [(a)](1) Land that contains structures which:

             [(1)](I) Are used for residential, commercial, industrial or governmental purposes; and

             [(2)](II) Have been connected to water facilities, sewer facilities or roads, or any combination thereof;

      [(b)](2) Any areas related to the structures described in [paragraph (a),] subparagraph (1), including, without limitation, landscaping areas, parking areas, parks and streets; and

      [(c)](3) If the subject of the redevelopment is an eligible railroad or facilities related to an eligible railroad:

             [(1)](I) Land on which the eligible railroad is located; and

             [(2)](II) Any areas related to the eligible railroad, including, without limitation, land on which is located railroad tracks, a railroad right-of-way or a facility related to the eligible railroad.

      (b) “Visible ground feature” includes, without limitation, a street, road, highway, river, stream, shoreline, drainage ditch, railroad right-of-way or any other physical feature which is clearly visible from the ground.

      Sec. 1.6.NRS 279.583 is hereby amended to read as follows:

      279.583  [After] Except as otherwise provided in this section, after publication of notice of the public hearing pursuant to NRS 279.580 and before approval of the redevelopment plan by the legislative body, the legislative body may submit to the planning commission a proposal to exclude land from a proposed redevelopment area. The legislative body may not exclude any taxable property within the area except for property which is taxable pursuant to NRS 361.157 or which must be excluded pursuant to subsection 7 of NRS 279.519.

 


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not exclude any taxable property within the area except for property which is taxable pursuant to NRS 361.157 or which must be excluded pursuant to subsection 7 of NRS 279.519. Within 30 days after that change is submitted to it for consideration, the planning commission shall submit its report and recommendation to the legislative body. If the planning commission does not report upon the change within 30 days after its submission by the legislative body, the legislative body may proceed to exclude the land from the proposed redevelopment area without that report and recommendation.

      Sec. 1.8.NRS 279.608 is hereby amended to read as follows:

      279.608  1.  If, at any time after the adoption of a redevelopment plan by the legislative body, the agency desires to take an action that will constitute a material deviation from the plan or otherwise determines that it would be necessary or desirable to amend the plan, the agency must recommend the amendment of the plan to the legislative body. An amendment may include the addition of one or more areas to any redevelopment area [.] but may not include the removal of an area from any redevelopment area, regardless of whether that area was initially a part of the redevelopment area or was added later through amendment.

      2.  Before recommending amendment of the plan, the agency shall hold a public hearing on the proposed amendment. Notice of that hearing must be published at least 10 days before the date of hearing in a newspaper of general circulation, printed and published in the community, or, if there is none, in a newspaper selected by the agency. The notice of hearing must include a legal description of the boundaries of the area designated in the plan to be amended and a general statement of the purpose of the amendment.

      3.  In addition to the notice published pursuant to subsection 2, the agency shall cause a notice of hearing on a proposed amendment to the plan to be sent by mail at least 10 days before the date of the hearing to each owner of real property, as listed in the records of the county assessor, whom the agency determines is likely to be directly affected by the proposed amendment. The notice must:

      (a) Set forth the date, time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed amendment; and

      (b) Contain a brief summary of the intent of the proposed amendment.

      4.  If after the public hearing, the agency recommends substantial changes in the plan which affect the master or community plan adopted by the planning commission or the legislative body, those changes must be submitted by the agency to the planning commission for its report and recommendation. The planning commission shall give its report and recommendations to the legislative body within 30 days after the agency submitted the changes to the planning commission.

      5.  After receiving the recommendation of the agency concerning the changes in the plan, the legislative body shall hold a public hearing on the proposed amendment, notice of which must be published in a newspaper in the manner designated for notice of hearing by the agency. If after that hearing the legislative body determines that the amendments in the plan, proposed by the agency, are necessary or desirable, the legislative body shall adopt an ordinance amending the ordinance adopting the plan.

      6.  As used in this section, “material deviation” means an action that, if taken, would alter significantly one or more of the aspects of a redevelopment plan that are required to be shown in the redevelopment plan pursuant to NRS 279.572.

 


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pursuant to NRS 279.572. The term includes, without limitation, the vacation of a street that is depicted in the streets and highways plan of the master plan described in NRS 278.160 which has been adopted for the community and the relocation of a public park. The term does not include the vacation of a street that is not depicted in the streets and highways plan of the master plan described in NRS 278.160 which has been adopted for the community.

      Sec. 2. (Deleted by amendment.)

      Sec. 2.5. NRS 279.6855 is hereby amended to read as follows:

      279.6855  1.  Except as otherwise provided in this section, an agency of a city whose population is 220,000 or more but less than 500,000 [located in a county whose population is 700,000 or more] that adopts an ordinance pursuant to paragraph (a) of subsection 1 of NRS 279.438 or subsection 4 of NRS 279.439 and which receives revenue pursuant to paragraph (b) of subsection 1 of NRS 279.676 from taxes on the taxable property located in the redevelopment area affected by the ordinance shall set aside not less than 18 percent of such revenue received on or after the effective date of the ordinance to improve and preserve existing public educational facilities which are located within the redevelopment area or which serve pupils who reside within the redevelopment area. The provisions of this subsection do not apply if such an agency is required pursuant to subsection 6 of NRS 279.676 to set aside not less than 18 percent of revenue received pursuant to paragraph (b) of subsection 1 of NRS 279.676 from taxes on the taxable property located in the redevelopment area affected by the ordinance adopted by the agency pursuant to subsection 5 of NRS 279.676 on or after the effective date of that ordinance to improve and preserve existing public educational facilities which are located within the redevelopment area or which serve pupils who reside within the redevelopment area. For each fiscal year, the agency shall prepare a written report concerning the amount of money expended for the purposes set forth in this subsection and shall, on or before November 30 of each year, submit a copy of the report to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year.

      2.  The obligation of an agency pursuant to subsection 1 to set aside not less than 18 percent of the revenue allocated to and received by the agency pursuant to paragraph (b) of subsection 1 of NRS 279.676 from taxes on the taxable property located in the redevelopment area affected by the ordinance adopted by the agency pursuant to paragraph (a) of subsection 1 of NRS 279.438 or subsection 4 of NRS 279.439 is subordinate to any existing obligations of the agency. As used in this subsection, “existing obligations” means the principal and interest, when due, on any bonds, notes or other indebtedness whether funded, refunded, assumed or otherwise incurred by the agency before the effective date of the ordinance adopted by the agency pursuant to paragraph (a) of subsection 1 of NRS 279.438 or subsection 4 of NRS 279.439, to finance or refinance in whole or in part, the redevelopment of a redevelopment area. For the purposes of this subsection, obligations incurred by an agency on or after the effective date of the ordinance adopted by the agency pursuant to paragraph (a) of subsection 1 of NRS 279.438 or subsection 4 of NRS 279.439 shall be deemed existing obligations if the net proceeds are used to refinance existing obligations of the agency.

 


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ê2017 Statutes of Nevada, Page 3422 (Chapter 508, AB 80)ê

 

      Sec. 3. (Deleted by amendment.)

      Sec. 3.5.  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. 4.  This act becomes effective upon passage and approval.

________

CHAPTER 509, AB 110

Assembly Bill No. 110–Committee on Education

 

CHAPTER 509

 

[Approved: June 9, 2017]

 

AN ACT relating to education; requiring the Department of Education to establish a pilot program to provide competency-based education; requiring the State Board of Education to adopt regulations relating to the pilot program; establishing the Competency-Based Education Network; revising provisions governing the requirements for a pupil to receive credit for a course of study without attending the classes for the course; requiring the Department of Education to conduct a public awareness campaign regarding competency-based education; authorizing the Department to distribute certain money through a competitive grants program to carry out the pilot program to provide competency-based education; requiring the Competency-Based Education Network to prepare a comprehensive report relating to competency-based education; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1.2 of this bill requires the Department of Education to establish a pilot program to provide competency-based education and requires the State Board of Education to adopt regulations that prescribe the process for submission of an application by a school district or charter school to participate in the pilot program and the qualifications and conditions for participation by a school in the pilot program. Section 1.2 also requires the Department to select at least one school that primarily serves pupils who are at-risk or credit deficient for participation in the program if an application is made on behalf of such a school to participate in the program. Section 1.1 of this bill defines “competency-based education” to mean a system of instruction by which a pupil advances to a higher level of learning when the pupil demonstrates mastery of a concept or skill, regardless of the time, place or pace at which the pupil progresses.

      Section 1.4 of this bill requires the Department to establish a Competency-Based Education Network and prescribes the membership and duties of the Network, including a requirement that the Network submit a report to the Governor and the Legislature on the implementation of competency-based education once each biennium.

      Section 1.6 of this bill requires the Department of Education to: (1) conduct a public campaign to raise awareness about competency-based education; and (2) conduct at least one meeting with the superintendents of the school districts relating to competency-based education. Section 3.5 of this bill appropriates money to the Department for the cost of travel associated with such a meeting with the superintendents of the school districts. Section 1.6 also authorizes the Department to distribute through a competitive grants program money appropriated to the Department to carry out the pilot program to provide competency-based education.

 


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      Existing law provides that a pupil may be granted credit for certain courses in lieu of course attendance if the pupil: (1) demonstrates proficiency on certain examinations; and (2) applies to the board of trustees of the school district in which the pupil attends school to be granted credit. (NRS 389.171) Section 1.8 of this bill provides that a pupil may also be granted credit in lieu of course attendance if the pupil demonstrates proficiency to meet the objectives of a course or of a particular area or areas of a course: (1) through a portfolio of the pupil’s work; (2) through the pupil’s performance of a task that is designed to measure the proficiency of the pupil; or (3) as measured by criteria prescribed by the State Board of Education. Section 1.8 also requires the State Board to adopt regulations that: (1) provide that a pupil may apply to the governing body of the charter school in which the pupil is enrolled to be granted credit in lieu of course attendance; and (2) prescribe other criteria that may be used to determine whether a pupil has achieved proficiency in a course.

      Section 4 of this bill requires the Competency-Based Education Network to prepare a comprehensive report with its findings and recommendations on or before April 1, 2022, which must be posted on the Internet website of the Department of Education and submitted to the Governor, the Legislative Committee on Education and the Director of the Legislative Counsel Bureau for distribution to the next regular session of the Legislature.

 

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 389 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.1 to 1.6, inclusive, of this act.

      Sec. 1.1. As used in sections 1.1 to 1.6, inclusive, of this act, “competency-based education” means a system of instruction by which a pupil advances to a higher level of learning when the pupil demonstrates mastery of a concept or skill, regardless of the time, place or pace at which the pupil progresses.

      Sec. 1.2. 1.  The Department shall establish a pilot program to provide competency-based education.

      2.  The State Board shall adopt regulations that prescribe:

      (a) The process for submission of an application by the board of trustees of a school district or the governing body of a charter school to participate in the pilot program; and

      (b) The qualifications and conditions for participation by a school in the pilot program, including, without limitation:

             (1) A commitment by the school district or charter school to implement competency-based education for not less than 5 years;

             (2) Evidence of support for the implementation of competency-based education by the community served by the school district or charter school; and

             (3) A commitment to participate in the Competency-Based Education Network established by section 1.4 of this act.

      3.  A school selected to participate in the pilot program to provide competency-based education shall:

      (a) Implement a system of instruction by which a pupil advances to a higher level of learning when the pupil demonstrates mastery of a concept or skill;

      (b) Establish concrete skills on which a pupil will be evaluated that include explicit, measurable and transferable learning objectives;

 


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      (c) Ensure that assessment is a meaningful and positive learning experience for pupils;

      (d) Ensure that pupils receive timely and differentiated support based upon their individual learning needs; and

      (e) Ensure that pupils are able to apply knowledge learned, create new knowledge and develop important skills and dispositions relating to such knowledge.

      4.  If at least one application to participate in the pilot program is made on behalf of a school that primarily serves pupils who are at-risk or credit deficient, or in need of credit retrieval, the Department must select at least one such school to participate in the pilot program.

      5.  As used in this section, a pupil is “at risk” if the pupil has an economic or academic disadvantage such that he or she requires special services and assistance to enable him or her to succeed in educational programs. The term includes, without limitation, pupils who are members of economically disadvantaged families, pupils who are limited English proficient, pupils who are at risk of dropping out of high school and pupils who do not meet minimum standards of academic proficiency. The term does not include a pupil with a disability.

      Sec. 1.4. 1.  The Department shall establish a Competency-Based Education Network.

      2.  The Competency-Based Education Network must consist of the following members:

      (a) The principal of each school selected to participate in the pilot program established pursuant to section 1.2 of this act.

      (b) At least one teacher who teaches in each school selected to participate in the pilot program established pursuant to section 1.2 of this act, selected by the principal of the school.

      (c) The Chancellor of the Nevada System of Higher Education or his or her designee.

      (d) The Chancellor of Western Governors University Nevada or his or her designee.

      (e) One teacher who does not teach in a school selected to participate in the pilot program established pursuant to section 1.2 of this act, selected by the Nevada State Education Association to represent the Association.

      (f) One parent or guardian of a pupil who is enrolled in a school selected to participate in the pilot program established pursuant to section 1.2 of this act, selected by the Nevada Parent Teacher Association to represent the Association.

      (g) One parent or guardian of a pupil who is not enrolled in a school selected to participate in the pilot program established pursuant to section 1.2 of this act, selected by the Nevada Parent Teacher Association to represent the Association.

      3.  The Competency-Based Education Network shall:

      (a) Study approaches to converting requirements regarding the amount of time a pupil is required to spend in a classroom into competency measures;

      (b) Study tools for use in personalized learning and competency-based education;

      (c) Study approaches to ensure appropriate examinations are prescribed by the State Board pursuant to NRS 389.171;

 


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      (d) Study strategies for improving competency-based education through the use of technology;

      (e) Study professional development relating to competency-based education and other support to assist educators in transitioning to a system of competency-based education;

      (f) Provide support and share data and best practices among schools participating in the pilot program established pursuant to section 1.2 of this act;

      (g) Identify barriers and possible solutions to implementing a statewide system of competency-based education;

      (h) Develop evidence-based recommendations for the continued implementation of a system of competency-based education; and

      (i) On or before January 31 of every even-numbered year, submit a report to the Governor and the Legislature on the implementation of a system of competency-based education in this State.

      4.  The Competency-Based Education Network shall initially meet at the call of the Superintendent of Public Instruction. After the first meeting, the Network shall meet at the call of the Chair.

      5.  At the first meeting of the Competency-Based Education Network, the members of the Network shall elect a Chair by majority vote.

      6.  A majority of the members of the Competency-Based Education Network constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the Network.

      7.  The Department of Education shall provide the Competency-Based Education Network with such staff as is necessary to carry out the duties of the Network.

      8.  Members of the Competency-Based Education Network serve without compensation, and travel and per diem expenses may not be reimbursed.

      Sec. 1.6. 1.  The Department of Education shall:

      (a) Conduct a public campaign to raise awareness about competency-based education.

      (b) Conduct one or more meetings with the superintendents of the school districts for the purpose of increasing:

             (1) Understanding of competency-based education; and

             (2) Interest in implementing a system of competency-based education.

      2.  To the extent that money is available for that purpose, the Department of Education may, through a competitive grants program, distribute any money appropriated to the Department to carry out the pilot program to provide competency-based education established pursuant to section 1.2 of this act. Grants must be awarded by the Department to schools selected to participate in the program based upon money available for this purpose.

      Sec. 1.8. NRS 389.171 is hereby amended to read as follows:

      389.171  1.  A pupil may be granted credit for a specific course of study without having attended the regularly scheduled classes in the course if the pupil demonstrates his or her proficiency to meet the:

      (a) Objectives of the course through the pupil’s performance on an examination prescribed by the State Board;

 


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ê2017 Statutes of Nevada, Page 3426 (Chapter 509, AB 110)ê

 

      (b) Objectives of a particular area or areas of the course in which the pupil is deficient through the pupil’s performance on an examination developed by the principal and the pupil’s teacher who provides instruction in the course that is designed to measure the proficiency of the pupil in that particular area or areas; [or]

      (c) Objectives of the course through the pupil’s performance on an examination that the principal determines is as rigorous or more rigorous than the examination prescribed by the State Board pursuant to paragraph (a), including, without limitation, an advanced placement examination in the subject area of the course [.] ;

      (d) Objectives of the course through a portfolio of the pupil’s work;

      (e) Objectives of a particular area or areas of the course through the pupil’s performance of a task that is designed to measure the proficiency of the pupil in that particular area or areas; or

      (f) Objectives of the course as measured against the criteria prescribed by the State Board pursuant to paragraph (d) of subsection 2.

      2.  The State Board shall adopt regulations that prescribe the:

      (a) Form on which a pupil may apply to the board of trustees of a school district in which the pupil attends school or the governing body of the charter school in which the pupil is enrolled to be granted credit pursuant to subsection 1;

      (b) Courses of study for which pupils may be granted credit pursuant to subsection 1; [and]

      (c) Minimum score on the examination prescribed pursuant to paragraph (a) of subsection 1 that is required to demonstrate proficiency in a course [.] ; and

      (d) Criteria, other than the criteria described in paragraphs (a) to (e), inclusive, of subsection 1, that may be used to determine whether a pupil has achieved proficiency in a course.

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

      Sec. 3.5.  1.  There is hereby appropriated from the State General Fund to the Department of Education for the cost of travel related to meetings with the superintendents of the school districts required by section 1.6 of this act the following sums:

For the Fiscal Year 2017-2018......................................................... $1,500

For the Fiscal Year 2018-2019......................................................... $1,500

      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. 4.  In addition to the report required by section 1.4 of this act, the Competency-Based Education Network shall, on or before April 1, 2022:

      1.  Complete a comprehensive report with its findings and any recommendations relating to competency-based education;

 


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ê2017 Statutes of Nevada, Page 3427 (Chapter 509, AB 110)ê

 

      2.  Post a copy of the report on the Internet website maintained by the Department of Education; and

      3.  Submit a copy of the report to the Governor, the Legislative Committee on Education and the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature.

      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.  This act becomes effective upon passage and approval for the purposes of adopting regulations and performing any other administrative tasks that are necessary to carry out the provisions of this act, and on July 1, 2017, for all other purposes.

________

CHAPTER 510, AB 309

Assembly Bill No. 309–Assemblymen Cohen, Miller, Yeager, Watkins, Frierson; Benitez-Thompson, Fumo, Jauregui, Monroe-Moreno, Sprinkle and Swank

 

Joint Sponsors: Senators Spearman and Parks

 

CHAPTER 510

 

[Approved: June 9, 2017]

 

AN ACT relating to state employment; imposing additional duties on the Administrator of the Division of Human Resource Management of the Department of Administration and certain state agencies relating to veterans and certain widows and widowers; revising provisions governing the preference provided to veterans and certain other persons relating to employment in the classified service; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Department of Administration to provide an annual report of the total number of veterans employed by each agency in the State to the Interagency Council on Veterans Affairs, which includes the Director of the Department of Veterans Services as one of its members. (NRS 417.0191, 417.0194) Section 3 of this bill requires the Administrator of the Division of Human Resource Management of the Department of Administration to submit to: (1) the Director of the Department of Veterans Services and make available to the public a monthly report listing the names of all veterans and, to the extent the information is available, widows and widowers of persons killed in the line of duty while on active duty in the Armed Forces of the United States, who are employed in the classified or unclassified service of the State; and (2) the Governor and the Director of the Legislative Counsel Bureau for distribution to the Legislature a quarterly report on the number of veterans and, to the extent the information is available, widows and widowers of persons killed in the line of duty while on active duty in the Armed Forces of the United States, who were hired in the classified or unclassified service of the State during the quarter. Section 6 of this bill makes a conforming change to the annual report. Finally, section 3 requires the Administrator to ensure that the percentage of officers and employees in such state employment that are veterans and, to the extent the information is available, widows and widowers of persons killed in the line of duty while on active duty in the Armed Forces of the United States, is proportional to the percentage of veterans and, to the extent the information is available, such widows and widowers, who reside in this State and are in the labor force.

 


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ê2017 Statutes of Nevada, Page 3428 (Chapter 510, AB 309)ê

 

percentage of veterans and, to the extent the information is available, such widows and widowers, who reside in this State and are in the labor force.

      Existing law requires, with certain exceptions, state agencies in the Executive Department of the State Government to periodically report to the Administrator of the Division of Human Resource Management any appointment, transfer, separation, suspension, reinstatement or any reduction or other change to a position in the public service. (NRS 284.121) Section 4 of this bill requires that such a report include whether the affected appointee or employee is a veteran or, to the extent the information is available, a widow or widower of a person killed in the line of duty while on active duty in the Armed Forces of the United States.

      Under existing law, the State is required, in establishing lists of persons eligible for appointment or promotion to positions in the classified service, to add 10 points to the passing grade on a competitive examination of a veteran with a disability and 5 points to a passing grade on such an examination of a veteran who does not have a disability or a widow or widower of a veteran. Existing law authorizes the application of such preference points to any open competitive examination in the classified service, but only to one promotional examination. (NRS 284.260)

      Section 5 of this bill provides that 10 preference points must be added to the passing grade of all veterans and to the passing grade of widows and widowers of persons killed in the line of duty while on active duty in the Armed Forces of the United States. Section 5 also provides that a person who qualifies under more than one category for preference points cannot combine all those points but is entitled to receive points for only one qualifying category that is most beneficial to the person. Finally, section 5 removes the restriction on applying such preference points to more than one promotional examination.

      Existing law requires, with certain exceptions, a state agency in the Executive Department of the State Government to give notice to the Administrator of the Division of Human Resource Management of its intention to fill certain vacant positions in the classified service. After receipt of such notice, the Administrator is required to certify from the list of eligible persons, appropriate to the grade and class in which the position is classified, the names of the persons with the highest scores and, if so certified, the appointing state agency may interview those persons for the position. (NRS 284.265) Section 5.5 of this bill requires the Administrator to certify additionally for the position the name of any veteran with a service-connected disability who is also on the list of eligible persons and, if so certified, the appointing state agency must interview the veteran for the position.

      Under existing law, certain vacant positions in the classified service are not filled by using the foregoing procedure. (Chapter 284 of NRS; chapter 284 of NAC) With regard to such positions, section 5.5 requires the appointing state agency to interview for the position each veteran with a service-connected disability who is a qualified applicant for the position. Additionally, if there are veterans without a service-connected disability who are qualified applicants for the position, section 5.5 requires the appointing state agency to interview for the position a number of such veterans that is equal to at least 22 percent of the total number of qualified applicants interviewed for the position or, if there is not a sufficient number to reach that percentage, interview for the position each such veteran who is a qualified applicant for the position.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 284.015 is hereby amended to read as follows:

      284.015  As used in this chapter, unless the context otherwise requires:

      1.  “Administrator” means the Administrator of the Division.

      2.  “Commission” means the Personnel Commission.

 


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ê2017 Statutes of Nevada, Page 3429 (Chapter 510, AB 309)ê

 

      3.  “Disability,” includes, but is not limited to, physical disability, intellectual disability and mental or emotional disorder.

      4.  “Division” means the Division of Human Resource Management of the Department of Administration.

      5.  “Essential functions” has the meaning ascribed to it in 29 C.F.R. § 1630.2.

      6.  “Public service” means positions providing service for any office, department, board, commission, bureau, agency or institution in the Executive Department of the State Government operating by authority of the Constitution or law, and supported in whole or in part by any public money, whether the money is received from the Government of the United States or any branch or agency thereof, or from private or any other sources.

      7.  “Veteran” has the meaning ascribed to it in NRS 417.005.

      8.  “Veteran with a service-connected disability” has the meaning ascribed to it in NRS 338.13843 and includes a veteran who is deemed to be a veteran with a service-connected disability pursuant to section 1 of Senate Bill No. 191 of this session.

      Sec. 2. (Deleted by amendment.)

      Sec. 3. NRS 284.105 is hereby amended to read as follows:

      284.105  1.  The Administrator shall direct and supervise all administrative and technical activities of the Division.

      2.  In addition to the duties imposed upon the Administrator elsewhere in this chapter, the Administrator shall:

      (a) Apply and carry out the provisions of this chapter and the regulations adopted pursuant to it.

      (b) Establish objectives for the Division in terms which are specific, measurable and conducive to reliable evaluation, and develop a plan for accomplishing those objectives.

      (c) Establish a system of appropriate policies for each function within the Division.

      (d) Attend all meetings of the Commission.

      (e) Advise the Commission with respect to the preparation and adoption of regulations to carry out the provisions of this chapter.

      (f) Report to the Governor and the Commission upon all matters concerning the administration of the Administrator’s office and request the advice of the Commission on matters concerning the policies of the Division, but the Administrator is responsible for the conduct of the Division and its administrative functions unless otherwise provided by law.

      (g) Establish and maintain a roster of all employees in the public service. The roster must set forth, as to each employee:

             (1) The class title of the position held.

             (2) The salary or pay.

             (3) Any change in class title, pay or status.

             (4) Other pertinent data.

      (h) Submit to the Director of the Department of Veterans Services and make available to the public a monthly report which lists the names of all veterans and, to the extent the information is available, widows and widowers of persons killed in the line of duty while on active duty in the Armed Forces of the United States, who are employed in the classified or unclassified service of the State.

      (i) Submit to the Governor and the Director of the Legislative Counsel Bureau for distribution to the Legislature a report for each calendar quarter on the total combined number of veterans and, to the extent the information is available, widows and widowers of persons killed in the line of duty while on active duty in the Armed Forces of the United States, who were hired in the classified or unclassified service of the State during the quarter.

 


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ê2017 Statutes of Nevada, Page 3430 (Chapter 510, AB 309)ê

 

quarter on the total combined number of veterans and, to the extent the information is available, widows and widowers of persons killed in the line of duty while on active duty in the Armed Forces of the United States, who were hired in the classified or unclassified service of the State during the quarter.

      (j) Ensure, to the extent practicable, that the combined total percentage of officers and employees in public service who are veterans and, to the extent the information is available, widows and widowers of persons killed in the line of duty while on active duty in the Armed Forces of the United States, is proportional to the combined total percentage of veterans and, to the extent the information is available, such widows and widowers, who reside in this State and are in the labor force.

      (k) In cooperation with appointing authorities and others, foster and develop programs for improving the effectiveness and morale of employees, including training and procedures for hearing and adjusting grievances.

      [(i)](l) Encourage and exercise leadership in the development of effective personnel administration within the several departments in the public service, and make available the facilities and services of the Division and its employees to this end.

      [(j)](m) Make to the Commission and to the Governor such special reports as the Administrator may consider desirable.

      [(k)](n) Maintain a continuous program of recruiting for the classified service.

      [(l)](o) Perform any other lawful acts which the Administrator may consider necessary or desirable to carry out the purposes and provisions of this chapter.

      Sec. 4. NRS 284.121 is hereby amended to read as follows:

      284.121  Each appointing authority shall report to the Administrator in writing, from time to time, any appointment, transfer, separation, suspension, reinstatement or any reduction or other change to a position in the public service. The report must contain:

      1.  The name of the appointee or employee.

      2.  The title and status of the employment of the appointee or employee.

      3.  The date of commencement of the action.

      4.  The salary or compensation of the appointee or employee.

      5.  Whether the appointee or employee is a veteran or, to the extent the information is available, a widow or widower of a person killed in the line of duty while on active duty in the Armed Forces of the United States.

      Sec. 5. NRS 284.260 is hereby amended to read as follows:

      284.260  1.  In establishing the lists of eligible persons, [certain] the following preferences must be allowed [for:] , except that if a person qualifies for more than one of the following preferences, the person is not entitled to combine preference points for each such qualifying preference but is entitled to receive preference points for only one such qualifying preference that is most beneficial to the person:

      (a) [Veterans not dishonorably discharged from the Armed Forces of the United States.] For veterans , [with disabilities,] 10 points must be added to the passing grade achieved on the examination.

      (b) For widows and widowers of persons killed in the line of duty while on active duty in the Armed Forces of the United States, 10 points must be added to the passing grade achieved on the examination.

 


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      (c) For [ex-servicemen and women who have not suffered disabilities, and for the] widows and widowers of veterans, 5 points must be added to the passing grade achieved on the examination.

      [(b) Members of the Nevada National Guard.]

      (d) For a member of the Nevada National Guard who submits a letter of recommendation from the commanding officer of the member’s unit, 5 points must be added to the passing grade achieved on the examination.

      2.  Any person qualifying for preference points pursuant to subsection 1 is entitled to have the points applied to any open competitive or promotional examination in the classified service . [, but only to one promotional examination.

      3.  For the purposes of this section, “veteran” has the meaning ascribed to “eligible veteran” in 38 U.S.C. § 4211.]

      Sec. 5.5. NRS 284.265 is hereby amended to read as follows:

      284.265  1.  Except as otherwise provided in NRS 284.305, appointing authorities shall give notice to the Administrator of their intention to fill any vacancy in the classified service.

      2.  Except as otherwise provided in this [section,] subsection, within a reasonable time after the receipt of the notice, the Administrator shall certify from the list of eligible persons, appropriate for the grade and class in which the position is classified [, the] :

      (a) The five names at the head thereof. If the competitive examination for that position is scored to the nearest one-hundredth of a point and there are more than five persons having the five highest scores, the names of each of those persons must be so certified.

      (b) Unless otherwise included among the names certified pursuant to paragraph (a), the name of any eligible person on the list who is a veteran with a service-connected disability. The appointing authority shall interview for the position each veteran with a service-connected disability who is so certified.

      3.  If, pursuant to this chapter or the regulations adopted pursuant thereto, the process for filling the position in the classified service is not governed by the provisions of subsection 2, the appointing authority shall:

      (a) Interview for the position each veteran with a service-connected disability who is a qualified applicant for the position; and

      (b) If there are veterans without a service-connected disability who are qualified applicants for the position, interview for the position a number of such veterans that is equal to at least 22 percent of the total number of qualified applicants interviewed for the position or, if there is not a sufficient number to reach that percentage, interview for the position each such veteran who is a qualified applicant for the position. For the purpose of calculating percentages pursuant to this paragraph, percentages that are not whole numbers must be rounded to the next highest whole number.

      Sec. 6. NRS 417.0194 is hereby amended to read as follows:

      417.0194  1.  Each state agency and regulatory body identified in subsections 2 to 15, inclusive, shall report, subject to any limitations or restrictions contained in any state or federal law governing the privacy or confidentiality of records, the data identified in subsections 2 to 15, inclusive, as applicable, to the Interagency Council on Veterans Affairs. Each state agency and regulatory body shall submit such information to the Council not later than November 30 of each year and shall provide the information in aggregate and in digital form, and in a manner such that the data is capable of integration by the Council.

 


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information in aggregate and in digital form, and in a manner such that the data is capable of integration by the Council.

      2.  The Department of Administration shall provide:

      (a) Descriptions of and the total amount of the grant dollars received for veteran-specific programs;

      (b) The total combined number of veterans and, to the extent the information is available, widows and widowers of persons killed in the line of duty while on active duty in the Armed Forces of the United States, who are employed by each agency in the State; and

      (c) The total number of veterans with service-connected disabilities who are seeking preferences through the Purchasing Division and the State Public Works Division of the Department of Administration pursuant to NRS 333.3366 and 338.13844.

      3.  The State Department of Conservation and Natural Resources shall provide the total number of veterans receiving:

      (a) Expedited certification for the grade I certification examination for wastewater treatment plant operators based on their military experience; and

      (b) Any discounted fees for access to or the use of state parks.

      4.  The Department of Corrections shall provide:

      (a) An annual overview of the monthly population of inmates in this State who are veterans; and

      (b) The success rates for any efforts developed by the Incarcerated Veterans Reintegration Council.

      5.  The Office of Economic Development shall provide an overview of the workforce that is available statewide of veterans, organized by O*NET-SOC code from the United States Department of Labor or the trade, job title, employment status, zip code, county, highest education level and driver’s license class.

      6.  The Department of Education shall provide the distribution of dependents of service members enrolled in Nevada’s public schools.

      7.  The Department of Employment, Training and Rehabilitation shall provide a summary of:

      (a) The average number of veterans served by a veteran employment specialist of the Department per week;

      (b) The average number of initial and continuing claims for benefits filed per week by veterans pursuant to NRS 612.455 to 612.530, inclusive;

      (c) The average weekly benefit received by veterans receiving benefits pursuant to chapter 612 of NRS; and

      (d) The average duration of a claim by claimants who are veterans receiving benefits pursuant to chapter 612 of NRS.

      8.  The Department of Health and Human Services shall provide:

      (a) The total number of veterans who have applied for and received certification as an Emergency Medical Technician-B, Advanced Emergency Medical Technician and Paramedic through the State Emergency Medical Systems program; and

 

 

 

 

 

 


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      (b) A report from the State Registrar of Vital Statistics setting forth the suicide mortality rate of veterans in this State.

      9.  The Department of Motor Vehicles shall provide:

      (a) The total number of veterans who have declared themselves as a veteran and who applied for and received a commercial driver’s license;

      (b) The average monthly total of veteran license plates issued; and

      (c) An overview of the data on veterans collected pursuant to NRS 483.292, 483.852 and 483.927.

      10.  The Adjutant General shall provide the total number of:

      (a) Members of the Nevada National Guard using waivers for each semester and identifying which schools accepted the waivers;

      (b) Members of the Nevada National Guard identified by Military Occupational Specialty and zip code; and

      (c) Members of the Nevada National Guard employed under a grant from Beyond the Yellow Ribbon.

      11.  The Department of Public Safety shall provide the percentage of veterans in each graduating class of its academy for training peace officers.

      12.  The Department of Taxation shall provide the total number of veterans receiving tax exemptions pursuant to NRS 361.090, 361.091, 361.155, 371.103 and 371.104.

      13.  The Department of Wildlife shall provide the total number of:

      (a) Veterans holding hunting or fishing licenses based on disability; and

      (b) Service members holding hunting or fishing licenses who are residents of this State but are stationed outside this State.

      14.  The Commission on Postsecondary Education shall provide, by industry, the total number of schools in this State approved by the United States Department of Veterans Affairs that are serving veterans.

      15.  Each regulatory body shall provide the total number of veterans and service members applying for licensure by the regulatory body.

      16.  The Council shall, upon receiving the information submitted pursuant to this section, synthesize and compile the information, including any recommendations of the Council, and submit the information with the report submitted pursuant to subsection 8 of NRS 417.0195.

      17.  As used in this section:

      (a) “Regulatory body” has the meaning ascribed to it in NRS 622.060.

      (b) “Service member” has the meaning ascribed to it in NRS 125C.0635.

      Sec. 7.  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. 8.  This act becomes effective:

      1.  Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      2.  On October 1, 2017, for all other purposes.

________

 


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CHAPTER 511, AB 413

Assembly Bill No. 413–Committee on Judiciary

 

CHAPTER 511

 

[Approved: June 9, 2017]

 

AN ACT relating to electronic documents; establishing provisions relating to electronic wills and trusts; revising provisions governing electronic notaries public; authorizing electronic notaries public to perform authorized electronic notarial acts remotely using audio-video communication; establishing provisions concerning electronic documents relating to real property located in this State; authorizing the Secretary of State to require notaries public registering as electronic notaries public to complete an online course on electronic notarization; increasing the amount of the fees authorized to be charged by an electronic notary public for the performance of certain electronic notarial acts and authorizing the collection of a fee to recover certain costs; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes provisions relating to electronic wills. (NRS 132.119, 133.085, 136.185) Sections 10-17 of this bill establish various other provisions relating to electronic wills. Sections 8 and 19 of this bill revise the description of an electronic will and section 10 establishes the circumstances in which an electronic will is self-proving. Sections 11 and 12 establish the qualifications and duties of a qualified custodian of an electronic will, who is required to store electronic records of electronic wills in a system that protects electronic records from destruction, alteration or unauthorized access and detects any change to an electronic record. Sections 13 and 14 set forth the circumstances in which a qualified custodian is authorized to cease serving in such a capacity. Section 15 establishes provisions concerning affidavits relating to the creation of a certified paper original of an electronic will, which section 3 of this bill generally defines as a tangible document containing the text of an electronic will. Section 16 sets forth provisions relating to the ability of an electronic notary public or other notarial officer to perform certain notarial acts. Section 17 establishes various provisions for purposes relating to the execution and filing of any document with a court in any proceeding relating to an electronic will and for certain other purposes.

      Section 18 of this bill establishes requirements relating to a declaration or affidavit of a witness to an electronic will. Section 20 of this bill provides the methods by which an electronic will may be revoked. Section 21 of this bill sets forth provisions relating to the jurisdiction in which an electronic will may be proved and the admittance of a certified paper original of an electronic will to probate.

      Sections 23-28 of this bill revise provisions relating to trusts. Section 24 provides that a video recording or other electronic record may be admissible in court as evidence of certain issues relating to a trust, and section 28 revises the description of an electronic trust.

      Existing law establishes the Electronic Notary Public Authorization Act pursuant to which an electronic notary public appointed by the Secretary of State is authorized to perform electronic notarial acts. (NRS 240.181-240.206) Section 39 of this bill renames the act as the Electronic Notarization Enabling Act and section 45 of this bill requires electronic notaries public to register with, instead of be appointed by, the Secretary of State. Section 35 of this bill: (1) authorizes an electronic notary public to perform authorized electronic notarial acts remotely using audio-video communication, which section 30 of this bill generally defines as communication by which a person is able to see, hear and communicate with another person in real time using electronic means; and (2) sets forth certain requirements relating to such electronic notarial acts.

 


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which a person is able to see, hear and communicate with another person in real time using electronic means; and (2) sets forth certain requirements relating to such electronic notarial acts. Section 36 of this bill authorizes an electronic notary public to perform an electronic notarial act using audio-video communication for a person located: (1) in this State; (2) outside this State but within the United States; or (3) in certain circumstances, outside the United States.

      Section 37 of this bill requires an electronic notary public to arrange for a recording to be made of each electronic notarial act performed using audio-video communication and to give all participating persons advance notice of the recording. Section 37 also requires the recording to be kept for not less than 7 years. Section 51 of this bill requires an electronic notary public to keep an electronic journal of each notarial act which he or she performs and to maintain and protect the electronic journal at all times. Section 51 also provides that, except as otherwise provided by law, an electronic notary public is required to keep all required notarial records for a period of 7 years after the termination of the registration of the electronic notary public.

      Section 38 of this bill establishes provisions relating to the confirmation of the identity of a person for whom an electronic notarial act is performed using audio-video communication. Section 50 of this bill requires an electronic notary public to render an electronic document that is the subject of an electronic notarial act tamper-evident.

      Section 38.3 of this bill establishes provisions concerning electronic documents relating to real property located in this State.

      Section 46.5 of this bill authorizes the Secretary of State to require a notary public who registers with the Secretary of State as an electronic notary public to complete an online course of study on electronic notarization. Section 38.7 of this bill establishes provisions relating to the completion of such a course of study.

      Section 48 of this bill increases the amount of fees which an electronic notary public may charge for performing certain electronic notarial acts and authorizes an electronic notary public to charge a reasonable fee to recover any cost of providing a copy of an entry or a recording of an audio-video communication in the electronic journal maintained by the electronic notary public. Section 48 also prohibits an electronic notary public who is an officer or employee of the State or a local government from charging a fee for an electronic notarial act that the electronic notary public performs within the scope of such employment.

      Sections 56-60 of this bill delete certain provisions of Assembly Bill No. 476 of this session that are replaced with the provisions of sections 45, 46, 46.5, 51 and 52 of this bill, and section 61 of this bill provides that the provisions of this bill are intended to supersede any provisions of Assembly Bill No. 476 that conflict with the provisions of this bill.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 132 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2. Except as otherwise specifically provided in this title, the provisions of this title must be construed in a manner consistent with the provisions of chapter 719 of NRS.

      Sec. 3. “Certified paper original” means a tangible document that contains the text of an electronic will and, if applicable, a self-proving affidavit concerning the electronic will.

      Sec. 4. “Electronic notary public” has the meaning ascribed to it in NRS 240.186.

 


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      Sec. 5. “Qualified custodian” means a person who meets the requirements of section 11 of this act.

      Sec. 6. NRS 132.025 is hereby amended to read as follows:

      132.025  As used in this title, unless the context otherwise requires, the words and terms defined in NRS 132.030 to 132.370, inclusive, and sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

      Sec. 7. NRS 132.117 is hereby amended to read as follows:

      132.117  “Electronic record” means a record created, generated , sent, communicated, received or stored by electronic means.

      Sec. 8. NRS 132.119 is hereby amended to read as follows:

      132.119  “Electronic will” means [a testamentary document that complies] an instrument, including, without limitation, a codicil, that is executed by a person in accordance with the requirements of NRS 133.085 [.] and which disposes of the property of the person upon or after his or her death.

      Sec. 9. Chapter 133 of NRS is hereby amended by adding thereto the provisions set forth as sections 10 to 17, inclusive, of this act.

      Sec. 10. 1.  An electronic will is self-proving if:

      (a) The declarations or affidavits of the attesting witnesses are incorporated as part of, attached to or logically associated with the electronic will, as described in NRS 133.050;

      (b) The electronic will designates a qualified custodian to maintain custody of the electronic record of the electronic will; and

      (c) Before being offered for probate or being reduced to a certified paper original that is offered for probate, the electronic will was at all times under the custody of a qualified custodian.

      2.  A declaration or affidavit of an attesting witness made pursuant to NRS 133.050 and an affidavit of a person made pursuant to section 15 of this act must be accepted by a court as if made before the court.

      Sec. 11. A qualified custodian of an electronic will:

      1.  Must not be an heir of the testator or a beneficiary or devisee under the electronic will.

      2.  Shall consistently employ, and store electronic records of electronic wills in, a system that protects electronic records from destruction, alteration or unauthorized access and detects any change to an electronic record.

      3.  Shall store in the electronic record of an electronic will each of the following:

      (a) A photograph or other visual record of the testator and the attesting witnesses that was taken contemporaneously with the execution of the electronic will;

      (b) A photocopy, photograph, facsimile or other visual record of any documentation that was taken contemporaneously with the execution of the electronic will and provides satisfactory evidence of the identities of the testator and the attesting witnesses, including, without limitation, documentation of the methods of identification used pursuant to subsection 4 of NRS 240.1655; and

      (c) An audio and video recording of the testator, attesting witnesses and notary public, as applicable, taken at the time the testator, each attesting witness and notary public, as applicable, placed his or her electronic signature on the electronic will, as required pursuant to paragraph (b) of subsection 1 of NRS 133.085.

 


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      4.  Shall provide to any court that is hearing a matter involving an electronic will which is currently or was previously stored by the qualified custodian any information requested by the court pertaining to the qualifications of the qualified custodian and the policies and practices of the qualified custodian concerning the maintenance, storage and production of electronic wills.

      Sec. 12. 1.  With regard to an electronic record of an electronic will, a qualified custodian:

      (a) Shall provide access to or information concerning the electronic will or the certified paper original of the electronic will only to:

             (1) The testator or another person as directed by the written instructions of the testator; and

             (2) After the death of the testator, the nominated personal representative of the testator or any interested person; and

      (b) May, in the absolute discretion of the qualified custodian, destroy the electronic record at any time:

             (1) Five or more years after the admission of any will of the testator to probate;

             (2) Five or more years after the revocation of the electronic will;

             (3) Five or more years after ceasing to serve as the qualified custodian of the electronic record of the electronic will pursuant to section 13 of this act;

             (4) Ten or more years after the death of the testator; or

             (5) One hundred and fifty years after the execution of the electronic will.

      2.  At the direction of a testator in a writing executed with the same formalities required for the execution of an electronic will, a qualified custodian shall cancel, render unreadable or obliterate the electronic record.

      Sec. 13. 1.  A qualified custodian may cease serving in such a capacity by:

      (a) If not designating a successor qualified custodian, providing to the testator:

             (1) Thirty days’ written notice that the qualified custodian has decided to cease serving in such a capacity; and

             (2) The certified paper original of, and all records concerning, the electronic will.

      (b) If designating a successor qualified custodian:

            (1) Providing 30 days’ written notice that the qualified custodian has decided to cease serving in such a capacity to:

                   (I) The testator; and

                   (II) The designated successor qualified custodian; and

             (2) Providing to the successor qualified custodian the electronic record of the electronic will and an affidavit which states:

                   (I) That the qualified custodian ceasing to act in such a capacity is eligible to act as a qualified custodian in this State and is the qualified custodian designated by the testator in the electronic will or was designated to act in such a capacity by another qualified custodian pursuant to this paragraph;

                   (II) That an electronic record was created at the time the testator executed the electronic will;

 


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                   (III) That the electronic record has been in the custody of one or more qualified custodians since the execution of the electronic will and has not been altered since the time it was created; and

                   (IV) The identity of all qualified custodians who have had custody of the electronic record since the execution of the electronic will.

      2.  For purposes of making the affidavit pursuant to subparagraph (2) of paragraph (b) of subsection 1, a qualified custodian is entitled to rely conclusively on any affidavits provided by a predecessor qualified custodian if all such affidavits are provided to the successor qualified custodian.

      3.  Subject to the provisions of section 14 of this act, if the testator designates a successor qualified custodian in a writing executed with the same formalities required for the execution of an electronic will, a qualified custodian shall cease serving in such a capacity and provide to the designated successor qualified custodian:

      (a) The electronic record; and

      (b) The affidavit described in subparagraph (2) of paragraph (b) of subsection 1.

      4.  If a qualified custodian is an entity, an affidavit of a duly authorized officer or agent of such entity constitutes the affidavit of the qualified custodian.

      Sec. 14. 1.  A person must execute a written statement affirmatively agreeing to serve as the qualified custodian of an electronic will before he or she may serve in such a capacity.

      2.  Except as otherwise provided in paragraph (a) of subsection 1 of section 13 of this act, a qualified custodian may not cease serving in such a capacity until a successor qualified custodian executes the written statement required by subsection 1.

      Sec. 15. 1.  Upon the creation of a certified paper original of an electronic will:

      (a) If the electronic will has always been in the custody of a qualified custodian, the qualified custodian shall state in an affidavit:

             (1) That the qualified custodian is eligible to act as a qualified custodian in this State;

             (2) That the qualified custodian is the qualified custodian designated by the testator in the electronic will or was designated to act in such a capacity pursuant to paragraph (b) of subsection 1 of section 13 of this act;

             (3) That an electronic record was created at the time the testator executed the electronic will;

             (4) That the electronic record has been in the custody of one or more qualified custodians since the execution of the electronic will, and has not been altered since the time it was created;

             (5) The identity of all qualified custodians who have had custody of the electronic record since the execution of the electronic will;

             (6) That the certified paper original is a true, correct and complete tangible manifestation of the electronic will; and

             (7) That the records described in subsection 3 of section 11 of this act are in the custody of the qualified custodian.

      (b) If the electronic will has not always been under the custody of a qualified custodian, the person who discovered the electronic will and the person who reduced the electronic will to the certified paper original shall each state in an affidavit the following information, to the best of their knowledge:

 


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person who reduced the electronic will to the certified paper original shall each state in an affidavit the following information, to the best of their knowledge:

             (1) When the electronic will was created, if not indicated in the electronic will;

             (2) When, how and by whom the electronic will was discovered;

             (3) The identities of each person who has had access to the electronic will;

             (4) The method in which the electronic will was stored and the safeguards in place to prevent alterations to the electronic will;

             (5) Whether the electronic will has been altered since its execution; and

             (6) That the certified paper original is a true, correct and complete tangible manifestation of the electronic will.

      2.  For purposes of making an affidavit pursuant to paragraph (a) of subsection 1, the qualified custodian may rely conclusively on any affidavits delivered by a predecessor qualified custodian.

      Sec. 16. 1.  Notwithstanding any other provision of law, an electronic notary public or other notarial officer may, for purposes of this title, including, without limitation, all purposes relating to the execution and filing of any document with the court in any proceeding relating to an electronic will:

      (a) Notarize the signature or electronic signature of a person, as applicable, who is not in the physical presence of the electronic notary public or other notarial officer if the person is in his or her presence within the meaning of section 17 of this act; and

      (b) Notarize any document relating to a will, codicil or testamentary trust.

      2.  This section must be liberally construed and applied to promote the purposes of NRS 133.085 and sections 10 to 17, inclusive, of this act.

      Sec. 17. 1.  For purposes of this title, including, without limitation, any declaration or affidavit made by an attesting witness as described in NRS 133.050, for all purposes relating to the execution and filing of any document with the court in any proceeding relating to an electronic will and for purposes of executing a power of attorney pursuant to NRS 162A.220, an advance directive or any document relating to an advance directive:

      (a) A person shall be deemed to be in the presence of or appearing before another person if such persons are in:

             (1) The same physical location; or

             (2) Different physical locations but can communicate with each other by means of audio-video communication.

      (b) An electronic notary public may electronically notarize electronic documents, including, without limitation, documents constituting or relating to an electronic will, in accordance with NRS 240.181 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of this act.

      (c) Any requirement that a document be signed may be satisfied by an electronic signature.

      (d) If a provision of law requires a written record, an electronic record satisfies such a provision.

      (e) Except as otherwise provided in subparagraph (3), regardless of the physical location of the person executing a document or of any witness, if a document is executed electronically, the document shall be deemed to be executed in this State and will be governed by the laws of this State and subject to the jurisdiction of the courts of this State if:

 


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document is executed electronically, the document shall be deemed to be executed in this State and will be governed by the laws of this State and subject to the jurisdiction of the courts of this State if:

             (1) The person executing the document states that he or she understands that he or she is executing, and that he or she intends to execute, the document in and pursuant to the laws of this State;

             (2) The document states that the validity and effect of its execution are governed by the laws of this State;

             (3) Any attesting witnesses or an electronic notary public whose electronic signatures are contained in the document were physically located within this State at the time the document was executed in accordance with this section; or

             (4) In the case of a self-proving electronic will, the electronic will designates a qualified custodian who, at the time of execution:

                   (I) If a natural person, is domiciled in this State; or

                   (II) If an entity, is organized under the laws of this State or whose principal place of business is located in this State.

      2.  Notwithstanding the provisions of subsection 1, the validity of a notarial act performed by an electronic notary public must be determined by applying the laws of the jurisdiction in which the electronic notary public is commissioned or appointed.

      3.  As used in this section:

      (a) “Advance directive” has the meaning ascribed to it in NRS 449.905.

      (b) “Audio-video communication” means communication by which a person is able to see, hear and communicate with another person in real time using electronic means.

      Sec. 18. NRS 133.050 is hereby amended to read as follows:

      133.050  1.  Any attesting witness to a will , including, without limitation, an electronic will, may sign a declaration under penalty of perjury or an affidavit before any person authorized to administer oaths in or out of the State, stating such facts as the witness would be required to testify to in court to prove the will. The declaration or affidavit must be written on the will or, if that is impracticable, on some paper attached thereto. If the will is an electronic will, the declaration or affidavit must be in a record incorporated as part of, attached to or logically associated with the electronic will. The sworn statement of any witness so taken must be accepted by the court as if it had been taken before the court.

      2.  The affidavit described in subsection 1 may be in substantially the following form:

 

State of Nevada                      }

                                                   }ss.

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

 

                                                   (Date)..............................................................

 

       Then and there personally appeared ................ and ................., who, being duly sworn, depose and say: That they witnessed the execution of the foregoing will of the testator, ................; that the testator subscribed the will and declared it to be his or her last will and testament in their presence; that they thereafter subscribed the will as witnesses in the presence of the testator and in the presence of each other and at the request of the testator; and that the testator at the time of the execution of the will appeared to them to be of full age and of sound mind and memory.

 


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each other and at the request of the testator; and that the testator at the time of the execution of the will appeared to them to be of full age and of sound mind and memory.

 

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

                                                                               Affiant

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

                                                                               Affiant

 

Subscribed and sworn to before me

this ...... day of the month of ...... of the year ......

 

                                                          

                 Notary Public

 

      3.  The declaration described in subsection 1 may be in substantially the following form:

 

Under penalty of perjury pursuant to the law of the State of Nevada, the undersigned, .................... and ...................., declare that the following is true of their own knowledge: That they witnessed the execution of the foregoing will of the testator, ........................; that the testator subscribed the will and declared it to be his or her last will and testament in their presence; that they thereafter subscribed the will as witnesses in the presence of the testator and in the presence of each other and at the request of the testator; and that the testator at the time of the execution of the will appeared to them to be of full age and of sound mind and memory.

       Dated this ......... day of ................, ............

.......................................... Declarant

.......................................... Declarant

 

      4.  If a testator or a witness signing an affidavit or declaration described in subsection 1 appears by means of audio-video communication, the form for the affidavit or declaration, as set forth in subsections 2 and 3, respectively, must be modified to indicate that fact.

      5.  As used in this section, “audio-video communication” has the meaning ascribed to it in section 17 of this act.

      Sec. 19. NRS 133.085 is hereby amended to read as follows:

      133.085  1.  An electronic will is a will of a testator that:

      (a) Is [written,] created and [stored] maintained in an electronic record; and

      (b) Contains the date and the electronic signature of the testator and which includes, without limitation, at least one of the following:

             (1) An authentication characteristic of the testator; [and

      (c) Is created and stored in such a manner that:

             (1) Only one authoritative copy exists;]

             (2) The [authoritative copy is maintained and controlled by the testator or a custodian designated by the testator in the] electronic [will;] signature and electronic seal of an electronic notary public, placed thereon in the presence of the testator and in whose presence the testator placed his or her electronic signature thereon; or

 


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             (3) [Any attempted alteration of the authoritative copy is readily identifiable; and

             (4) Each copy of the authoritative copy is readily identifiable as a copy that is not the authoritative copy.] The electronic signatures of two or more attesting witnesses, placed thereon in the presence of the testator and in whose presence the testator placed his or her electronic signature thereon.

      2.  Every person of sound mind over the age of 18 years may, by last electronic will, dispose of all of his or her estate, real and personal, but the estate is chargeable with the payment of the testator’s debts.

      3.  [An electronic will that meets the requirements of this section is subject to no other form, and may be made in or out of this State. An electronic will is valid and has the same force and effect as if formally executed.

      4.  An electronic will shall be deemed to be executed in this State if the authoritative copy of the electronic will is:

      (a) Transmitted to and maintained by a custodian designated in the electronic will at the custodian’s place of business in this State or at the custodian’s residence in this State; or

      (b) Maintained by the testator at the testator’s place of business in this State or at the testator’s residence in this State.

      5.]Except as otherwise provided in this section and sections 10 to 17, inclusive, of this act, all questions relating to the force, effect, validity and interpretation of an electronic will that complies with the provisions of this section and sections 10 to 17, inclusive, of this act must be determined in the same manner as a will executed in accordance with NRS 133.040.

      4.  The provisions of this section do not apply to a trust other than a trust contained in an electronic will.

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

      (a) “Authentication characteristic” means a characteristic of a certain person that is unique to that person and that is capable of measurement and recognition in an electronic record as a biological aspect of or physical act performed by that person. Such a characteristic may consist of a fingerprint, a retinal scan, voice recognition, facial recognition, video recording, a digitized signature or other commercially reasonable authentication using a unique characteristic of the person.

      (b) [“Authoritative copy” means the original, unique, identifiable and unalterable electronic record of an electronic will.

      (c)] “Digitized signature” means a graphical image of a handwritten signature that is created, generated or stored by electronic means.

      (c) “Electronic seal” has the meaning ascribed to it in NRS 240.187.

      Sec. 20. NRS 133.120 is hereby amended to read as follows:

      133.120  1.  A written will other than an electronic will may only be revoked by:

      (a) Burning, tearing, cancelling or obliterating the will, with the intention of revoking it, by the testator, or by some person in the presence and at the direction of the testator; [or]

      (b) Another will or codicil in writing, executed as prescribed in this chapter [.] ; or

      (c) An electronic will, executed as prescribed in this chapter.

      2.  An electronic will may only be revoked by:

 


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      (a) Another will, codicil, electronic will or other writing, executed as prescribed in this chapter; or

      (b) Cancelling, rendering unreadable or obliterating the will with the intention of revoking it, by:

             (1) The testator or a person in the presence and at the direction of the testator; or

             (2) If the will is in the custody of a qualified custodian, the qualified custodian at the direction of a testator in an electronic will.

      3.  This section does not prevent the revocation implied by law from subsequent changes in the condition or circumstances of the testator.

      Sec. 21. NRS 136.185 is hereby amended to read as follows:

      136.185  1.  An electronic will executed or deemed to be executed in or pursuant to the laws of this State may be proved [by authentication satisfactory to the court.] and letters granted in the county in which the decedent was a resident at the time of his or her death or the domicile or registered office of the qualified custodian exists.

      2.  A certified paper original of an electronic will may be offered for and admitted to probate in the same manner as if it were a will executed in accordance with NRS 133.040.

      3.  A certified paper original of an electronic will that is self-proving pursuant to section 10 of this act is presumed to be valid and, absent any objection, must be admitted to probate expeditiously without requiring any further proof of validity.

      4.  An electronic will that is executed or deemed to be executed in or pursuant to the laws of another state in accordance with the laws of the other state or of this State is a valid electronic will in this State.

      Sec. 22. Chapter 163 of NRS is hereby amended by adding thereto the provisions set forth as sections 23 and 24 of this act.

      Sec. 23. As used in this chapter, unless the context otherwise requires, when the terms “execute” or “sign” are used in reference to a will, trust or instrument to convey property, the terms include the use of an electronic signature.

      Sec. 24. Subject to the provisions of any applicable court rules, a video recording or other electronic record may be admissible as evidence of:

      1.  The proper execution of a trust.

      2.  The intentions of a settlor.

      3.  The mental state or capacity of a settlor.

      4.  The authenticity of a trust.

      5.  Matters that are determined by a court to be relevant to the administration of a trust.

      Sec. 25. NRS 163.0016 is hereby amended to read as follows:

      163.0016  “Nontestamentary trust” means a trust , including, without limitation, an electronic trust, that is created and takes effect during the lifetime of the settlor.

      Sec. 26. NRS 163.0018 is hereby amended to read as follows:

      163.0018  “Testamentary trust” means a trust that is created by the terms of the will , including, without limitation, the electronic will, of a person.

      Sec. 27. NRS 163.00185 is hereby amended to read as follows:

      163.00185  “Trust instrument” means a will, trust agreement, declaration, or other instrument , including, without limitation, an electronic trust, that creates or defines the duties and powers of a trustee and shall include a court order or any instrument that modifies a trust instrument or, in effect, alters the duties and powers of a trustee or other terms of a trust instrument.

 


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trust, that creates or defines the duties and powers of a trustee and shall include a court order or any instrument that modifies a trust instrument or, in effect, alters the duties and powers of a trustee or other terms of a trust instrument.

      Sec. 28. NRS 163.0095 is hereby amended to read as follows:

      163.0095  1.  An electronic trust is a trust instrument that:

      (a) Is [written,] created and [stored] maintained in an electronic record [;] in such a manner that any alteration thereto is detectable;

      (b) Contains the electronic signature of the settlor [;] and the date and time thereof;

      (c) Includes, without limitation, an authentication method which is attached to or logically associated with the trust instrument to identify the settlor or is electronically notarized in accordance with all applicable provisions of law;

      (d) Is subject to the provisions of chapter 719 of NRS; and

      (e) Meets the requirements set forth in this chapter for a valid trust.

      2.  [An] Regardless of the physical location of the settlor, an electronic trust shall be deemed to be executed in this State and will be governed by the laws of this State and subject to the jurisdiction of the courts of this State if the electronic trust is:

      (a) Transmitted to and maintained by a custodian designated in the trust instrument at the custodian’s place of business in this State or at the custodian’s residence in this State; or

      (b) Maintained by the settlor at the settlor’s place of business in this State or at the settlor’s residence in this State, or by the trustee at the trustee’s place of business in this State or at the trustee’s residence in this State.

      3.  Notwithstanding the provisions of subsection 2, the validity of a notarial act performed by an electronic notary public must be determined by applying the laws of the jurisdiction in which the electronic notary public is commissioned or appointed.

      4.  The provisions of this section do not apply to a testamentary trust.

      5.  As used in this section:

      (a) “Authentication characteristic” has the meaning ascribed to it in NRS 133.085.

      (b) “Authentication method” means a method of identification using any applicable method authorized or required by law, including, without limitation, a digital certificate using a public key or a physical device, including, without limitation, a smart card, flash drive or other type of token, an authentication characteristic or another commercially reasonable method.

      (c) “Public key” has the meaning ascribed to it in NRS 720.110.

      Sec. 29. Chapter 240 of NRS is hereby amended by adding thereto the provisions set forth as sections 30 to 38.7, inclusive, of this act.

      Sec. 30. “Audio-video communication” means communication by which a person is able to see, hear and communicate with another person in real time using electronic means.

      Sec. 31. “Credential” means a tangible record evidencing the identity of a person.

      Sec. 32. “Dynamic knowledge-based authentication assessment” means an identity assessment that is based on a set of questions formulated from public or private data sources for which the person taking the assessment has not previously provided an answer and that meets any rules or regulations adopted by the Secretary of State.

 


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assessment has not previously provided an answer and that meets any rules or regulations adopted by the Secretary of State.

      Sec. 33. “Electronic” means of or relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

      Sec. 34. “In the presence of” or “appear before” means being:

      1.  In the same physical location as another person and close enough to see, hear, communicate with and exchange credentials with that person; or

      2.  In a different physical location from another person but able to see, hear and communicate with the person by means of audio-video communication that meets any rules or regulations adopted by the Secretary of State.

      Sec. 35. 1.  An electronic notary public may perform any of the acts set forth in NRS 240.196 using audio-video communication in accordance with NRS 240.181 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of this act and any rules or regulations adopted by the Secretary of State.

      2.  Before an electronic notary public performs electronic notarial acts using audio-video communication, he or she must register with the Secretary of State pursuant to NRS 240.192 and identify the technology that the electronic notary public intends to use, which must conform to any rules or regulations adopted by the Secretary of State.

      3.  If an electronic notarial act is performed using audio-video communication:

      (a) The technology used must allow the persons communicating to see and speak to each other simultaneously;

      (b) The signal transmission must be in real time; and

      (c) The electronic notarial act must be recorded in accordance with section 37 of this act.

      Sec. 36. 1.  An electronic notary public may perform an electronic notarial act using audio-video communication in accordance with NRS 240.181 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of this act and any rules or regulations adopted by the Secretary of State for a person who is physically located:

      (a) In this State;

      (b) Outside this State but within the United States; or

      (c) Outside the United States if:

             (1) The electronic notary public has no actual knowledge of the electronic notarial act being prohibited in the jurisdiction in which the person is physically located; and

             (2) The person placing his or her electronic signature on the electronic document confirms to the electronic notary public that the requested electronic notarial act and the electronic document:

                   (I) Are part of or pertain to a matter that is to be filed with or is currently before a court, governmental entity or other entity in the United States;

                   (II) Relate to property located in the United States; or

                   (III) Relate to a transaction substantially connected to the United States.

      2.  An electronic notary public who is registered with the Secretary of State pursuant to NRS 240.192 may perform an electronic notarial act using audio-video communication in accordance with NRS 240.181 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of this act and any rules or regulations adopted by the Secretary of State if the electronic notary public is physically present in this State at the time of performing the electronic notarial act, regardless of whether the person who placed the electronic signature on the electronic document is physically located in another jurisdiction at the time of the electronic notarial act.

 


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240.206, inclusive, and sections 30 to 38.7, inclusive, of this act and any rules or regulations adopted by the Secretary of State if the electronic notary public is physically present in this State at the time of performing the electronic notarial act, regardless of whether the person who placed the electronic signature on the electronic document is physically located in another jurisdiction at the time of the electronic notarial act. The validity of the notarial act will be determined by applying the laws of this State.

      Sec. 37. 1.  An electronic notary public shall arrange for a recording to be made of each electronic notarial act performed using audio-video communication. Before performing any electronic notarial act using audio-video communication, the electronic notary public must inform all participating persons that the electronic notarization will be electronically recorded.

      2.  If the person for whom the electronic notarial act is being performed is identified by personal knowledge, the recording of the electronic notarial act must include an explanation by the electronic notary public as to how he or she knows the person and how long he or she has known the person.

      3.  If the person for whom the electronic notarial act is being performed is identified by a credible witness:

      (a) The credible witness must appear before the electronic notary public; and

      (b) The recording of the electronic notarial act must include:

             (1) A statement by the electronic notary public as to whether he or she identified the credible witness by personal knowledge or satisfactory evidence; and

             (2) An explanation by the credible witness as to how he or she knows the person for whom the electronic notarial act is being performed and how long he or she has known the person.

      4.  An electronic notary public shall keep a recording made pursuant to this section for a period of not less than 7 years, regardless of whether the electronic notarial act was actually completed.

      Sec. 38. 1.  For the purposes of performing an electronic notarial act for a person using audio-video communication, an electronic notary public has satisfactory or documentary evidence of the identity of the person if the electronic notary public confirms the identity of the person by:

      (a) Personal knowledge;

      (b) Each of the following:

             (1) Remote presentation by the person of a government-issued identification credential that contains a photograph and the signature of the person;

             (2) Credential analysis of the government-issued identification credential and the data thereon; and

             (3) A dynamic knowledge-based authentication assessment;

      (c) Any other method that complies with any rules or regulations adopted by the Secretary of State; or

      (d) A valid certificate that complies with any rules or regulations adopted by the Secretary of State.

      2.  As used in this section:

 


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      (a) “Certificate” has the meaning ascribed to it in NRS 720.030.

      (b) “Credential analysis” means a process or service that complies with any rules or regulations adopted by the Secretary of State through which a third party affirms the validity of a government-issued identification credential or any data thereon through the review of data sources.

      (c) “Remote presentation” means the transmission of a quality image of a government-issued identification credential to an electronic notary public through communication technology for the purpose of enabling the electronic notary public to identify the person appearing before the electronic notary public and to perform a credential analysis.

      Sec. 38.3. 1.  If an electronic document relating to real property located in this State contains an electronic acknowledgment, notwithstanding any omission or error in the certificate of acknowledgment or failure of the document to show an acknowledgment in compliance with applicable law, upon the document being recorded with the county recorder of the county in which the real property is located or filed with the Secretary of State:

      (a) The electronic document shall be deemed to be lawfully recorded or filed; and

      (b) All persons, including, without limitation, any creditor, encumbrancer, mortgagee, subsequent purchaser for valuable consideration or any other subsequent transferee thereof or of any interest therein, are deemed to have notice of its contents.

      2.  For the purposes of this section, a document is deemed to comply with all applicable requirements upon the acceptance for recording by the county recorder of the county in which the real property is located or the filing of the document with the Secretary of State, as required by law.

      Sec. 38.7. 1.  Except as otherwise provided in this section, a notary public who registers with the Secretary of State as an electronic notary public pursuant to NRS 240.192 for the first time must successfully complete any required course of study on electronic notarization required pursuant to NRS 240.195 before filing such registration with the Secretary of State.

      2.  A notary public may register with the Secretary of State as an electronic notary public pursuant to NRS 240.192 and thereafter perform the functions of an electronic notary public pursuant to this chapter without completing any course of study on electronic notarization required pursuant to NRS 240.195 if, at the time of registration, the course of study is not yet offered by the Secretary of State or a vendor approved by the Secretary of State.

      3.  If a notary public registers and performs the functions of an electronic notary public without first completing any required course of study on electronic notarization pursuant to subsection 2, he or she must complete the required course of study and pass any required examination within 120 days after the course of study is first offered by the Secretary of State or a vendor approved by the Secretary of State. The registrant shall thereafter complete any required course of study in accordance with paragraph (b) or (c) of subsection 3 of NRS 240.195, as applicable.

      Sec. 39. NRS 240.181 is hereby amended to read as follows:

      240.181  NRS 240.181 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of this act may be cited as the Electronic [Notary Public Authorization] Notarization Enabling Act.

 


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      Sec. 40. NRS 240.182 is hereby amended to read as follows:

      240.182  As used in NRS 240.181 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 240.183 to 240.188, inclusive, and sections 30 to 34, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 40.5. NRS 240.185 is hereby amended to read as follows:

      240.185  “Electronic notarial act” means an act that an electronic notary public of this State is authorized to perform. The term includes:

      1.  Taking an acknowledgment;

      2.  Administering an oath or affirmation;

      3.  Executing a jurat; [and]

      4.  Certifying a true and correct copy; and

      5.  Performing such other duties as may be prescribed by a specific statute.

      Sec. 41. NRS 240.186 is hereby amended to read as follows:

      240.186  “Electronic notary public” means a person [appointed by] registered with the Secretary of State pursuant to NRS 240.181 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of this act to perform electronic notarial acts.

      Sec. 42. NRS 240.187 is hereby amended to read as follows:

      240.187  “Electronic seal” means information within a notarized electronic document that includes the name, jurisdiction and expiration date of the [appointment] registration of an electronic notary public and generally includes the information required to be set forth in a mechanical stamp pursuant to NRS 240.040.

      Sec. 43. NRS 240.189 is hereby amended to read as follows:

      240.189  An electronic notary public shall comply with those provisions of NRS 240.001 to 240.169, inclusive, which are not inconsistent with NRS 240.181 to 240.206, inclusive [.] , and sections 30 to 38.7, inclusive, of this act. To the extent that the provisions of NRS 240.001 to 240.169, inclusive, conflict with the provisions of NRS 240.181 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of this act, the provisions of NRS 240.181 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of this act control.

      Sec. 44. NRS 240.191 is hereby amended to read as follows:

      240.191  1.  [The Secretary of State may appoint electronic notaries public in this State.

      2.  The Secretary of State shall not appoint as an electronic notary public a person who submits an application containing a substantial and material misstatement or omission of fact.

      3.  An electronic notary public may cancel his or her appointment by submitting a written notice to the Secretary of State.

      4.]  It is unlawful for a person to:

      (a) Represent himself or herself as an electronic notary public [appointed pursuant to this section] if the person has not [received a certificate of appointment from] registered with the Secretary of State pursuant to NRS 240.192.

      (b) Submit [an application for appointment] a registration as an electronic notary public that contains a substantial and material misstatement or omission of fact.

 


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      [5.]2.  The Secretary of State may request that the Attorney General bring an action to enjoin any violation of paragraph (a) of subsection [4.] 1.

      Sec. 45. NRS 240.192 is hereby amended to read as follows:

      240.192  1.  Each person [applying for appointment] registering as an electronic notary public must:

      (a) At the time of [application,] registration, be a notarial officer in this State [and] who has complied with the requirements pertaining to taking an oath and filing a bond set forth in NRS 240.030 and 240.033, have been a notarial officer in this State for not less than 4 years [;] and have complied with all applicable notarial requirements set forth in this chapter;

      (b) [Submit to] Register with the Secretary of State by submitting an electronic [application] registration pursuant to subsection 2;

      (c) Pay to the Secretary of State [an application] a registration fee of $50 [;] , which is in addition to the application fee required pursuant to NRS 240.030 to be a notarial officer in this State; and

      (d) [Take and subscribe to the oath set forth in Section 2 of Article 15 of the Constitution of the State of Nevada as if the applicant were a public officer;

      (e)] Submit to the Secretary of State with the registration proof satisfactory to the Secretary of State that the [applicant] registrant has [successfully] :

             (1) Successfully completed [a] any required course of study on electronic notarization provided pursuant to NRS 240.195; and

      [(f) Enter into a bond to the State of Nevada in the sum of $10,000, to be filed with the clerk of the county in which the applicant resides or, if the applicant is a resident of an adjoining state, with the clerk of the county in this State in which the applicant maintains a place of business or is employed. The applicant must submit to the Secretary of State a certificate issued by the appropriate county clerk which indicates that the applicant filed the bond required pursuant to this paragraph.]

             (2) Complied with the requirements pertaining to taking an oath and filing a bond set forth in NRS 240.030 and 240.033.

      2.  [The application for an appointment] Unless the Secretary of State establishes a different process for submitting a registration as an electronic notary public, the registration as an electronic notary public must be submitted as an electronic document by electronic mail to nvnotary@sos.nv.gov or, if another electronic mail address is designated by the Secretary of State, to such other designated electronic mail address, and must contain, without limitation, the following information:

      (a) [The applicant’s full legal name, and the name to be used for appointment, if different.] All information required to be included in an application for appointment as a notary public pursuant to NRS 240.030.

      (b) [The county in which the applicant resides.

      (c) The electronic mail address of the applicant.

      (d)] A description of the technology or device [, approved by the Secretary of State,] that the [applicant] registrant intends to use to create his or her electronic signature in performing electronic notarial acts.

      [(e)](c) The electronic signature of the [applicant.

      (f)] registrant.

      (d) Any other information [requested] required pursuant to any rules or regulations adopted by the Secretary of State.

 


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      3.  [An applicant for appointment as an electronic notary public who resides in an adjoining state, in addition to the requirements set forth in subsections 1 and 2, must submit to the Secretary of State with the application:

      (a) An affidavit setting forth the adjoining state in which the applicant resides, the applicant’s mailing address and the address of the applicant’s place of business or employment that is located within the State of Nevada;

      (b) A copy of the applicant’s state business registration issued pursuant to chapter 76 of NRS and any business license required by the local government where the applicant’s business is located, if the applicant is self-employed; and

      (c) Unless the applicant is self-employed, a copy of the state business registration of the applicant’s employer issued pursuant to chapter 76 of NRS, a copy of any business license of the applicant’s employer that is required by the local government where the business is located and an affidavit from the applicant’s employer setting forth the facts which show that the employer regularly employs the applicant at an office, business or facility which is located within the State of Nevada.

      4.  In completing an application, bond, oath or other document necessary to apply for appointment as an electronic notary public, an applicant must not be required to disclose his or her residential address or telephone number on any such document which will become available to the public.

      5.  The bond, together with the oath, must be filed and recorded in the office of the county clerk of the county in which the applicant resides when the applicant applies for appointment or, if the applicant is a resident of an adjoining state, with the clerk of the county in this State in which the applicant maintains a place of business or is employed. On a form provided by the Secretary of State, the county clerk shall immediately certify to the Secretary of State that the required bond and oath have been filed and recorded. Upon receipt of the application, fee and certification that the required bond and oath have been filed and recorded, the Secretary of State shall issue a certificate of appointment as an electronic notary public to the applicant.

      6.  The term of an electronic notary public commences on the effective date of the bond required pursuant to paragraph (f) of subsection 1. An electronic notary public shall not perform an electronic notarial act after the effective date of the bond unless the electronic notary public has been issued a certificate of appointment pursuant to subsection 5.

      7.  Except as otherwise provided in this subsection, the Secretary of State shall charge a fee of $10 for each duplicate or amended certificate of appointment which is issued to an electronic notary public. If the electronic notary public does not receive an original certificate of appointment, the Secretary of State shall provide a duplicate certificate of appointment without charge if the electronic notary public requests such a duplicate within 60 days after the date on which the original certificate was issued.] Unless the Secretary of State establishes a different process for the payment of the registration fee required pursuant to paragraph (c) of subsection 1, the registration fee must be paid by check or draft, made payable to the Secretary of State and transmitted to the Office of the Secretary of State.

 


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      4.  Registration as an electronic notary public shall be deemed effective upon the payment of the registration fee required pursuant to paragraph (c) of subsection 1 if the registrant has satisfied all other applicable requirements.

      Sec. 46. NRS 240.194 is hereby amended to read as follows:

      240.194  1.  The [initial term] period of [appointment as] registration of an electronic notary public is [2 years. Each] coterminous with his or her term of appointment as a notary public pursuant to NRS 240.010. Registration as an electronic notary public [subsequent to the initial term is 4 years.] must be renewed at the same time a person renews his or her appointment as a notary public.

      2.  The [appointment] registration of an electronic notary public is suspended by operation of law when the electronic notary public is no longer appointed as a notary public in this State. If the [appointment] registration of an electronic notary public has expired or been revoked or suspended, the Secretary of State shall immediately notify the electronic notary public in writing that his or her [appointment] registration as an electronic notary public will be suspended by operation of law until he or she is appointed as a notary public in this State.

      3.  If, at any time [during his or her appointment, an] , a registered electronic notary public changes his or her electronic mail address, county of residence, name, electronic signature or the technology or device used to create his or her electronic signature, the electronic notary public shall, within 10 days after making the change, submit to the Secretary of State:

      (a) An electronic document, signed with the electronic signature submitted by the electronic notary public pursuant to subsection 2 of NRS 240.192, that includes the change of information; and

      (b) A fee of $10.

      Sec. 46.5. NRS 240.195 is hereby amended to read as follows:

      240.195  1.  In addition to any courses of study a notary public is required to complete pursuant to NRS 240.018, the Secretary of State may, by rule or regulation, require a notary public who registers with the Secretary of State as an electronic notary public pursuant to NRS 240.192 to complete an additional course of study on electronic notarization in accordance with this section.

      2.  Except as otherwise provided in subsection [2, an applicant for appointment] 3, a registrant as an electronic notary public must successfully:

      (a) Complete [a] any course of study on electronic notarization that is required pursuant to subsection 1 in accordance with the requirements of subsection [5;] 6; and

      (b) Pass an examination at the completion of the course.

      [2.]3.  The following persons are required to enroll in and successfully complete [a] any course of study [as] on electronic notarization that is required pursuant to subsection 1:

      (a) A person [applying] registering for [his or her] the first [appointment] time as an electronic notary public;

      (b) A person renewing his or her [appointment] registration as an electronic notary public; and

      (c) A person who has committed a violation of this chapter or whose [appointment] registration as an electronic notary public has been suspended, and who has been required by the Secretary of State to enroll in a course of study provided pursuant to this section.

 


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      [3.]4.  A course of study required to be completed pursuant to subsection 1 must:

      (a) [Include at least] Be taken online and be of a duration of not more than 3 hours [of instruction;] , including instruction and completion of an examination of the course content;

      (b) Provide instruction in electronic notarization, including, without limitation, notarial law and ethics, technology and procedures;

      (c) [Include an examination of the course content;

      (d)] Comply with [the] any regulations adopted pursuant to NRS 240.206 [;] relating to courses of study on electronic notarization; and

      [(e)](d) Be approved by the Secretary of State.

      [4.]5.  The Secretary of State may, with respect to a course of study required to be completed pursuant to subsection 1 [:

      (a) Provide such a course of study; and

      (b) Charge] , charge a reasonable fee to each person who enrolls in such a course of study.

      [5.]6.  A course of study provided pursuant to this section:

      (a) Must satisfy the criteria set forth in subsection [3] 4 and comply with [the] any requirements set forth in the regulations adopted pursuant to NRS 240.206 [.] relating to courses of study on electronic notarization.

      (b) May be provided [in person or online] by the Secretary of State or a vendor approved by the Secretary of State.

      [6.]7.  The Secretary of State shall deposit the fees collected pursuant to [paragraph (b) of] subsection [4] 5 in the Notary Public Training Account created pursuant to NRS 240.018.

      Sec. 47. NRS 240.196 is hereby amended to read as follows:

      240.196  A person [appointed] registered as an electronic notary public pursuant to NRS 240.181 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of this act may [, during normal business hours,] perform the following electronic notarial acts for a person who requests the electronic notarial act and tenders [the appropriate] any authorized fee:

      1.  Taking an acknowledgment;

      2.  Executing a jurat; [and]

      3.  Administering an oath or affirmation [.] ;

      4.  Certifying a true and correct copy; and

      5.  Performing such other duties as prescribed by law.

      Sec. 48. NRS 240.197 is hereby amended to read as follows:

      240.197  1.  Except as otherwise provided in this section:

      (a) An electronic notary public may charge the following fees : [and no more:

      (a)](1) For taking an acknowledgment, for each signature....... [$10] $25

      [(b)](2) For executing a jurat, for each signature........................ [$10] $25

      [(c)](3) For administering an oath or affirmation without a signature [$10] $25

      [2.](b) An electronic notary public shall not charge a fee to perform [a service] an electronic notarial act unless he or she is authorized to charge a fee for such [a service] an electronic notarial act pursuant to this section.

      [3.](c) All fees prescribed in this section are payable in advance, if demanded.

      [4.](d) An electronic notary public may charge an additional fee for traveling to perform an electronic notarial act if:

 


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      [(a)](1) The person requesting the electronic notarial act asks the electronic notary public to travel;

      [(b)](2) The electronic notary public explains to the person requesting the electronic notarial act that the fee for travel is in addition to the fee authorized in [subsection 1] paragraph (a) and is not required by law;

      [(c)](3) The person requesting the electronic notarial act agrees in advance upon the hourly rate that the electronic notary public will charge for the additional fee for travel; and

      [(d)](4) The additional fee for travel does not exceed:

             [(1)](I) If the person requesting the electronic notarial act asks the electronic notary public to travel between the hours of 6 a.m. and 7 p.m., $10 per hour.

             [(2)](II) If the person requesting the electronic notarial act asks the electronic notary public to travel between the hours of 7 p.m. and 6 a.m., $25 per hour.

Ê The electronic notary public may charge a minimum of 2 hours for such travel and shall charge on a pro rata basis after the first 2 hours.

      [5.](e) An electronic notary public is entitled to charge the amount of the additional fee for travel agreed to in advance by the person requesting the electronic notarial act pursuant to [subsection 4] paragraph (d) if:

      [(a)](1) The person requesting the electronic notarial act cancels the request after the electronic notary public begins traveling to perform the requested electronic notarial act.

      [(b)](2) The electronic notary public is unable to perform the requested electronic notarial act as a result of the actions of the person who requested the electronic notarial act or any other person who is necessary for the performance of the electronic notarial act.

      [6.](f) For each additional fee for travel that an electronic notary public charges pursuant to [subsection 4,] paragraph (d), the electronic notary public shall enter in the electronic journal that he or she keeps pursuant to NRS 240.201:

      [(a)](1) The amount of the fee; and

      [(b)](2) The date and time that the electronic notary public began and ended such travel.

      [7.](g) An electronic notary public may charge a reasonable fee to recover any cost of providing a copy of an entry or a recording of an audio-video communication in an electronic journal maintained pursuant to NRS 240.201.

      2.  A person who employs an electronic notary public may prohibit the electronic notary public from charging a fee for an electronic notarial act that the electronic notary public performs within the scope of the employment. Such a person shall not require the electronic notary public whom the person employs to surrender to the person all or part of a fee charged by the electronic notary public for an electronic notarial act performed outside the scope of the employment of the electronic notary public.

      3.  An electronic notary public who is an officer or employee of the State or a local government shall not charge a fee for an electronic notarial act that the electronic notary public performs within the scope of such employment.

      4.  This section does not apply to any compensation for services provided by an electronic notary public which do not constitute electronic notarial acts or comply with the other requirements of this chapter.

 


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      Sec. 49. NRS 240.198 is hereby amended to read as follows:

      240.198  Except as otherwise specifically provided by law:

      1.  An electronic notary public shall not willfully electronically notarize the signature or electronic signature of a person unless the person is in the presence of the electronic notary public at the time of notarization and:

      (a) Is known to the electronic notary public; or

      (b) If unknown to the electronic notary public, provides a credible witness or documentary evidence of identification to the electronic notary public.

      2.  A person who:

      (a) Violates the provisions of subsection 1; or

      (b) Aids and abets an electronic notary public to commit a violation of subsection 1,

Ê is guilty of a gross misdemeanor.

      3.  [An electronic notary public shall not electronically notarize any electronic document related to the following:

      (a) A will, codicil or testamentary trust; and

      (b) Any transaction governed by the Uniform Commercial Code other than NRS 104.1306, 104.2101 to 104.2725, inclusive, and 104A.2101 to 104A.2532, inclusive.

      4.  An appointment] Registration as an electronic notary public pursuant to NRS 240.181 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of this act does not authorize the electronic notary public to perform notarial acts in another state.

      4.  A notarial act performed by an electronic notary public in this State for a person located outside this State by means of audio-video communication in accordance with the provisions of this chapter shall not be deemed to be performed outside this State.

      Sec. 50. NRS 240.199 is hereby amended to read as follows:

      240.199  1.  An electronic notarial act must be evidenced by the following, which must be attached to or logically associated with the electronic document that is the subject of the electronic notarial act and which must be immediately perceptible and reproducible:

      [1.](a) The electronic signature of the electronic notary public;

      [2.](b) The electronic seal of the electronic notary public; and

      [3.](c) The wording of a notarial certificate pursuant to NRS 240.1655, 240.166 to 240.167, inclusive, 240.1685 or 240.169 [.] , including, without limitation, language explicitly stating that the notarial act was performed using audio-video communication, if applicable.

      2.  Upon the completion of an electronic notarial act in accordance with subsection 1, an electronic notary public shall use technology to render the electronic document tamper-evident.

      Sec. 51. NRS 240.201 is hereby amended to read as follows:

      240.201  1.  An electronic notary public shall keep [a] an electronic journal of each electronic notarial act which includes, without limitation, the requirements of subsections 1 and 5 of NRS 240.120 [.] , but does not include the electronic signatures of the person for whom the electronic notarial act was performed and any witnesses.

      2.  An electronic notary public who performs electronic notarial acts shall:

 


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      (a) Describe each electronic notarial act in the electronic journal and specify whether the electronic notarial act was performed using audio-video communication;

      (b) Maintain and protect the electronic journal at all times under his or her sole control; and

      (c) Provide for lawful inspection and copying of the electronic journal.

      3.  An electronic notary public may maintain more than one electronic journal to record electronic notarial acts.

      4.  The fact that the employer or contractor of an electronic notary public keeps a record of electronic notarial acts does not relieve the electronic notary public of the duties required by this section.

      5.  An electronic journal must:

      (a) Enable access by a password or other secure means of authentication; and

      (b) Be capable of providing tangible or electronic copies of any entry made therein.

      6.  The Secretary of State may suspend the [appointment] registration of an electronic notary public who fails to produce any electronic journal entry within 10 days after receipt of a request from the Secretary of State.

      [3.]7.  Upon [resignation,] surrender, revocation or expiration of [an appointment] a registration as an electronic notary public, all notarial records required pursuant to NRS 240.001 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of this act must , except as otherwise provided by law, be [delivered to the Secretary of State.] kept by the electronic notary public for a period of 7 years after the termination of the registration of the electronic notary public.

      8.  As used in this section, “sole control” means being in the direct physical custody of or safeguarded by an electronic notary public with a password or other secure means of authentication.

      Sec. 52. NRS 240.202 is hereby amended to read as follows:

      240.202  1.  The electronic signature and electronic seal of an electronic notary public must be used only for the purposes of performing electronic notarial acts.

      2.  An electronic notary public shall safeguard his or her electronic signature, the electronic seal and all notarial records maintained by the electronic notary public as follows:

      (a) When not in use, the electronic notary public shall keep the electronic signature, electronic seal and all notarial records secure, under the exclusive control of the electronic notary public and protected by a password where applicable.

      (b) An electronic notary public shall not permit his or her electronic signature or electronic seal to be used by any other person.

      (c) An electronic notary public shall not surrender or destroy his or her notarial records except as otherwise required by the order of a court or as allowed pursuant to NRS 240.001 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of this act or any regulations adopted pursuant thereto.

      (d) Except as otherwise provided in subsection 3, an electronic notary public, within 10 days after discovering that his or her electronic signature or electronic seal has been stolen, lost, damaged or otherwise rendered incapable of affixing a legible image, shall:

             (1) Inform the appropriate law enforcement agency in the case of theft or vandalism; and

 


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             (2) Notify the Secretary of State and the entity from which the electronic notary public obtained the electronic signature or electronic seal in writing, including, without limitation, a signature using the name [on the certificate of appointment issued] under which the electronic notary public is registered pursuant to [subsection 5 of] NRS 240.192.

      3.  An electronic notary public shall take reasonable steps to maintain the technology or device used to create his or her electronic signature, and to ensure that the technology or device has not been recalled, revoked, terminated or otherwise rendered ineffective or unsecure by the entity that created the technology or device. Upon learning that the technology or device used to create his or her electronic signature has been rendered ineffective or unsecure, an electronic notary public shall cease performing electronic notarial acts until:

      (a) A new technology or device is acquired; and

      (b) The electronic notary public sends an electronic notice to the Secretary of State that includes [, without limitation,] the [information] electronic signature of the electronic notary public required pursuant to [paragraphs (d) and (e)] paragraph (c) of subsection 2 of NRS 240.192 relating to the new technology or device.

      Sec. 53. NRS 240.203 is hereby amended to read as follows:

      240.203  1.  Except as otherwise provided in subsection 3, if an electronic notary public dies [or resigns] during his or her [appointment,] period of registration, or if the [appointment] registration of the electronic notary public is surrendered or revoked or expires, the electronic notary public, the executor of his or her estate or an authorized representative of the electronic notary public, as appropriate, shall:

      (a) Notify the Secretary of State of the resignation or death; and

      (b) Erase, delete, destroy or otherwise render ineffective the technology or device used to create his or her electronic signature.

      2.  Upon receipt of the notice required by subsection 1, the Secretary of State shall cancel the [appointment] registration of the electronic notary public, effective on the date on which the notice was received.

      3.  A former electronic notary public whose previous [appointment] registration as an electronic notary public was not revoked and whose previous [application for appointment] registration as an electronic notary public was not denied is not required to erase, delete, destroy or otherwise render ineffective the technology or device used to create his or her electronic signature if the former electronic notary public renews his or her [appointment,] registration, using the same electronic signature, within 3 months after the expiration of his or her previous [appointment] registration as an electronic notary public.

      Sec. 54. NRS 240.204 is hereby amended to read as follows:

      240.204  1.  A person who knowingly creates, manufactures or distributes software or hardware for the purpose of allowing a person to act as an electronic notary public without being [appointed] registered in accordance with NRS 240.181 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of this act is guilty of a gross misdemeanor.

      2.  A person who wrongfully obtains, conceals, damages or destroys the technology or device used to create the electronic signature of an electronic notary public is guilty of a gross misdemeanor.

 


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      Sec. 55. NRS 719.200 is hereby amended to read as follows:

      719.200  1.  Except as otherwise provided in subsection 2, the provisions of this chapter apply to electronic records and electronic signatures relating to a transaction.

      2.  The provisions of this chapter do not apply to a transaction to the extent it is governed by:

      (a) [A] Except as otherwise specifically provided by law, a law governing the creation and execution of wills, codicils or testamentary trusts;

      (b) The Uniform Commercial Code other than NRS 104.1306, 104.2101 to 104.2725, inclusive, and 104A.2101 to 104A.2532, inclusive; or

      (c) The provisions of NRS 439.581 to 439.595, inclusive, and the regulations adopted pursuant thereto.

      3.  The provisions of this chapter apply to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection 2 to the extent it is governed by a law other than those specified in subsection 2.

      4.  A transaction subject to the provisions of this chapter is also subject to other applicable substantive law.

      Sec. 56. Section 4 of Assembly Bill No. 476 of this session is hereby amended to read as follows:

       Sec. 4.  (Deleted by amendment.)

      Sec. 57. Section 5 of Assembly Bill No. 476 of this session is hereby amended to read as follows:

       Sec. 5.  (Deleted by amendment.)

      Sec. 58. Section 6 of Assembly Bill No. 476 of this session is hereby amended to read as follows:

       Sec. 6.  (Deleted by amendment.)

      Sec. 59. Section 8 of Assembly Bill No. 476 of this session is hereby amended to read as follows:

       Sec. 8.  (Deleted by amendment.)

      Sec. 60. Section 9 of Assembly Bill No. 476 of this session is hereby amended to read as follows:

      Sec. 9.  (Deleted by amendment.)

      Sec. 61.  The provisions of this act are intended to supersede any provisions of Assembly Bill No. 476 of this session that conflict with the provisions of this act.

      Sec. 62. NRS 240.193 is hereby repealed.

      Sec. 63.  1.  This section and sections 56 to 60, inclusive, of this act become effective upon passage and approval.

      2.  Sections 1 to 28, inclusive, and 61 of this act become effective on July 1, 2017.

      3.  Sections 29 to 55, inclusive, and 62 of this act become effective:

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

      (b) On July 1, 2018, for all other purposes.

________

 

 


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CHAPTER 512, AB 454

Assembly Bill No. 454–Committee on Commerce and Labor

 

CHAPTER 512

 

[Approved: June 9, 2017]

 

AN ACT relating to professions; revising provisions relating to the qualifications and appointment of members of the Nevada State Board of Accountancy; revising provisions relating to the adoption or amendment of rules of professional conduct by the Board; revising the qualifications for a certificate of certified public accountant; revising certain educational and work experience requirements for a certificate of certified public accountant; authorizing the issuance of a cease and desist order to a person believed to be engaged in the unlawful practice of accounting; repealing provisions relating to the registration of public accountants and business entities formed by public accountants; exempting certain professionals who hold a valid and unrestricted license to practice in another jurisdiction from provisions governing the practice of those professions for certain purposes relating to athletics; increasing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law generally provides for the regulation of accountants in this State. (Chapter 628 of NRS) Sections 1, 3 and 4 of this bill revise definitions relating to services to be performed by accountants to conform with the seventh edition of the Uniform Accountancy Act, published by the American Institute of Certified Public Accountants and the National Association of State Boards of Accountancy.

      Section 9 of this bill requires the Nevada State Board of Accountancy to provide notice of proposed new rules of professional conduct or amendments to rules of professional conduct to permit holders by electronic mail rather than by delivery by the United States Postal Service. Section 10 of this bill removes the requirement that to qualify for a certificate of certified public accountant, the applicant must either be a resident of this State or designate an agent in this State to receive service of process for the applicant. Sections 11-13 of this bill revise certain educational, work experience and examination requirements for a certificate of certified public accountant.

      Section 28 of this bill authorizes the Board to provide another licensing board or agency with otherwise confidential and privileged records relating to a complaint if the Board is cooperating in an investigation by that board or agency. Section 39 of this bill authorizes the Board to issue a cease and desist order to a person the Board believes to be engaging in certain unlawful acts relating to accounting. Section 40 of this bill increases the penalty for committing certain unlawful acts relating to accounting from a misdemeanor to a gross misdemeanor.

      Section 45 of this bill repeals provisions relating to the registration and regulation of registered public accountants and business entities formed by public accountants. Sections 5, 6, 8, 14, 15-27, 29-31, 32-38 and 41-44 of this bill make conforming changes.

      Under existing law, the Nevada Society of Certified Public Accountants is required to submit to the Governor the names of at least three persons qualified for membership on the Board for each position on the Board to be filled by a certified public accountant. (NRS 628.075) Section 7 of this bill authorizes the Nevada Society of Certified Public Accountants to recommend to the Governor the reappointment of a current Board member who is eligible for reappointment without submitting other names for consideration.

 


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      Existing law requires a person to be licensed by the Board of Medical Examiners, State Board of Osteopathic Medicine, Chiropractic Physicians’ Board of Nevada, State Board of Oriental Medicine, State Board of Physical Therapy Examiners or Board of Athletic Trainers before practicing the profession regulated by the applicable board in this State. (NRS 630.160, 633.741, 634.227, 634A.230, 640.169, 640B.700) Sections 41.1, 41.25, 41.35, 41.5, 41.65 and 41.8 of this bill provide for a temporary exemption from this requirement for a professional who holds a valid and unrestricted license to practice in another jurisdiction and is practicing his or her profession for certain purposes relating to athletic competition or training. Such an exemption lasts for 10 days, but may be extended for not more than 20 additional days upon application to the applicable board. A professional who is practicing under such an exemption is prohibited from: (1) practicing at a medical facility; (2) providing services to persons outside the scope of the exemption; or (3) practicing his or her profession under such an exemption for more than 60 days in a calendar year. Sections 41.2, 41.3, 41.4, 41.6, 41.7 and 41.9 of this bill provide that a person practicing his or her profession under such an exemption is not subject to regulation under chapter 630, 633, 634, 634A, 640 or 640B of NRS while practicing within the scope of the exemption.

 

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

      “Report,” when used with respect to any attest or compilation service, means an opinion, report or other form of language that states or implies assurance as to the reliability of the attested information or compiled financial statements, and that also includes or is accompanied by a statement or implication that the person or firm issuing it has special knowledge or competence in accounting or auditing. Such a statement or implication of special knowledge or competence may arise from use by the issuer of the report of names or titles indicating that the person or firm is an accountant or auditor, or from the language of the report itself. The term includes any form of language which disclaims an opinion when such form of language is conventionally understood to imply any positive assurance as to the reliability of the attested information or complied financial statements referred to, or special competence on the part of the person or firm issuing such language, including, without limitation, another form of language that is conventionally understood to imply such assurance or such special knowledge or competence.

      Sec. 2. NRS 628.003 is hereby amended to read as follows:

      628.003  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 628.005 to 628.033, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 3. NRS 628.005 is hereby amended to read as follows:

      628.005  “Attest,” “attesting” and “attestation” mean providing the [issuance of opinions, reports or other documents which state or imply assurance of the reliability of information when the opinions, reports or other documents are accompanied by or contain any name, title or wording which indicates that the person or other entity which has issued them is an accountant or auditor, or has expert knowledge in accounting or auditing. The terms include any disclaimer of an opinion when the disclaimer is in a form which is understood to imply any positive assurance of the reliability of the information and expertise on the part of the person making the disclaimer.]

 


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form which is understood to imply any positive assurance of the reliability of the information and expertise on the part of the person making the disclaimer.] following services:

      1.  An audit or other engagement to be performed in accordance with the Statements on Auditing Standards (SAS) published by the American Institute of Certified Public Accountants.

      2.  A review of a financial statement to be performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS) published by the American Institute of Certified Public Accountants.

      3.  An examination of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE) published by the American Institute of Certified Public Accountants.

      4.  An engagement to be performed in accordance with the standards of the Public Company Accounting Oversight Board.

      5.  An examination, review or agreed upon procedures engagement to be performed in accordance with the SSAE, other than an examination described in subsection 3.

      Sec. 4. NRS 628.014 is hereby amended to read as follows:

      628.014  “Compilation” means [the presentation, in the form of financial statements prepared] providing a service to be performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS) published by the American Institute of Certified Public Accountants, [of information] that is [a representation by] presented in the [owner or management] form of [an entity] financial statements, of information that is the representation of the owner or management without undertaking to [state or imply assurance of the reliability of] express any assurance on the [information.] statements.

      Sec. 5. NRS 628.0345 is hereby amended to read as follows:

      628.0345  1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a certificate issued pursuant to NRS 628.190 to 628.310, inclusive, [any registration or license granted to a registered public accountant pursuant to NRS 628.350] or a permit issued pursuant to NRS 628.380 shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a certificate issued pursuant to NRS 628.190 to 628.310, inclusive, [any registration or license granted to a registered public accountant pursuant to NRS 628.350] or a permit issued pursuant to NRS 628.380 shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Board shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the certificate [, registration, license] or permit; or

      (b) A separate form prescribed by the Board.

      3.  A certificate [, registration, license] or permit described in subsection 1 may not be issued or renewed by the Board if the applicant:

 


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

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

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 6. NRS 628.045 is hereby amended to read as follows:

      628.045  1.  [Except as otherwise provided in subsection 2, the] The Governor shall appoint to the Board [six] :

      (a) Six members who are certified public accountants [in the State of Nevada and one member who is a registered public accountant] in the State of Nevada [. Of the six members who are certified public accountants:] of whom:

      [(a)](1) One member must be employed by the government or by private industry; and

      [(b)](2) Five members must be engaged in the practice of public accounting.

      [2.  Whenever the total number of registered public accountants who practice is 10 or fewer, the Board must consist of six members who are certified public accountants and the member who is a registered public accountant until that member’s term of office expires. Thereafter, the Board must consist of:

      (a) Six members who are certified public accountants, one of whom must be employed by the government or by private industry.]

      (b) One member who represents the public. This member must not be:

             (1) A certified public accountant [,] or a public accountant ; [or a registered public accountant;] or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a certified public accountant [,] or a public accountant . [or a registered public accountant.

      3.]2.  No person may be appointed to the Board unless he or she is:

      (a) Engaged in active practice as a certified public accountant [or registered public accountant] and holds a live permit to practice public accounting in this State, or is appointed as the member who represents the public.

      (b) A resident of the State of Nevada.

      Sec. 7. NRS 628.075 is hereby amended to read as follows:

      628.075  1.  [The] Except as otherwise provided in subsection 2, the Nevada Society of Certified Public Accountants shall, at least 30 days before the beginning of any term, or within 30 days after a position on the Board becomes vacant, submit to the Governor the names of at least three persons qualified for membership on the Board for each position to be filled by a certified public accountant. The Governor shall appoint new members or fill the vacancy from the list, or request a new list.

 


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the vacancy from the list, or request a new list. If the Nevada Society of Certified Public Accountants fails to submit timely nominations for a position on the Board, the Board may submit nominations to the Governor, who shall appoint members from among the nominees or request a new list.

      2.  If the term of a current member of the Board is expiring and that member is eligible for reappointment to the Board, the Nevada Society of Certified Public Accountants may recommend to the Governor the reappointment of that member without having to submit additional names for consideration to the Governor.

      3.  The Governor may appoint any qualified person who is a resident of this State to the position which is to be occupied by a person who represents the public.

      Sec. 8. NRS 628.130 is hereby amended to read as follows:

      628.130  The Board shall:

      1.  Have a seal of which judicial notice must be taken.

      2.  Keep records of its proceedings. In any proceedings in court, civil or criminal, arising out of or founded upon any provision of this chapter, copies of those records certified as correct under the seal of the Board are admissible in evidence as tending to prove the contents of the records.

      3.  Maintain a website on the Internet or its successor and post on its website:

      (a) The names arranged alphabetically by classifications of all accountants and business entities holding [licenses,] certificates, registrations or permits under this chapter.

      (b) The names of the members of the Board.

      (c) Such other matter as may be deemed proper by the Board.

      Sec. 9. NRS 628.160 is hereby amended to read as follows:

      628.160  1.  The Board may by regulation adopt and amend rules of professional conduct appropriate to establish and maintain a high standard of quality, integrity and dignity in the profession of public accountancy.

      2.  In addition to the requirements of chapter 233B of NRS, the Board shall [, at least 60 days before the adoption of any such rule or amendment, mail copies of the] provide notice of any such proposed rule or amendment to each holder of a live permit, to the electronic mail address shown in the records of the Board, [together] along with [a notice] information advising the holder of the permit of the date, time and place of the hearing on the proposed rule or amendment and requesting that he or she submit any comments thereon at least 15 days before the hearing. The comments are advisory only. [Failure by inadvertence or error to mail the rule, amendment or notice to each holder of a permit does not affect the validity of any rule or amendment if the Board has made an effort in good faith to mail the notice to all holders of permits.] The Board shall also make available on its Internet website the proposed rule or amendment.

      3.  The Board may adopt regulations concerning the professional conduct of corporations, partnerships and limited-liability companies practicing certified public accounting or public accounting which it deems consistent with or required by the public welfare, including regulations:

      (a) Governing the style, name and title of the corporations, partnerships and limited-liability companies.

 

 


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      (b) Governing the affiliation of the corporations, partnerships and limited-liability companies with any other organizations.

      Sec. 10. NRS 628.190 is hereby amended to read as follows:

      628.190  1.  Except as otherwise provided in this section and NRS 628.310, a certificate of certified public accountant must be granted by the Board to any person who:

      (a) Is [a resident of this State or, if not a resident, has designated to the Board an agent who is a resident for notification and service of process;

      (b) Is a person who is] without any history of acts involving dishonesty or moral turpitude;

      [(c)](b) Complies with the requirements of education and work experience as provided in NRS 628.200;

      [(d)](c) Has submitted 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; and

      [(e)](d) Has passed the examination prescribed by the Board.

      2.  The Board may refuse to grant a certificate of certified public accountant to an applicant if he or she has been convicted of a felony in this State or an offense in another state or jurisdiction which would be a felony if committed in this State.

      3.  The Board may issue a provisional certificate to an applicant until the Board receives the report from the Federal Bureau of Investigation.

      Sec. 11. NRS 628.200 is hereby amended to read as follows:

      628.200  1.  Except as otherwise provided in subsection 4, the requirements of education for a certificate of certified public accountant are:

      (a) At least 150 semester hours or an equivalent number of quarter hours; and

      (b) A baccalaureate degree or an equivalent degree from a college or university recognized by the Board:

             (1) With a major in accounting, or what the Board determines to be substantially the equivalent of a major in accounting; or

             (2) With a major other than accounting supplemented by what the Board determines to be substantially the equivalent of an accounting major, including related courses in other areas of business administration.

      2.  The requirement for work experience for a certificate of certified public accountant is:

      (a) Two years of public accounting experience in a partnership, corporation, limited-liability company or sole proprietorship engaged in the practice of public accounting under the direct supervision of a person who is a certified public accountant; or

      (b) [Experience in internal auditing work or governmental accounting and auditing work] Other work experience under the direct supervision of a person engaged in active practice as a certified public accountant, of a character and for a length of time sufficient in the opinion of the Board to be substantially equivalent to the requirements of paragraph (a).

      3.  The Board:

 

 

 

 

 


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      (a) Shall adopt regulations concerning:

             (1) The number of semester hours or an equivalent number of quarter hours in accounting and other courses required by an applicant to satisfy the requirements of subsection 1.

             (2) The public accounting experience [, internal auditing work, and governmental accounting and auditing] or other work experience required by an applicant to satisfy the requirements of subsection 2.

      (b) May provide by regulation for the substitution of qualified programs of continuing education to satisfy partially the requirement of work experience described in paragraph (b) of subsection 2 or may add any program to the requirement of work experience.

      4.  Notwithstanding any provision of this section to the contrary, an applicant for a certificate of certified public accountant who has received conditional credit pursuant to NRS 628.260 for passing a section of the examination required for a certificate, and who applies that credit to subsequent passage of the examination, is subject to the educational requirements to receive a certificate that were in effect on the date on which the applicant [first received the conditional credit.] passed all sections of the examination.

      Sec. 12. NRS 628.240 is hereby amended to read as follows:

      628.240  A candidate for a certificate of certified public accountant who has met the educational requirements as prescribed by the Board pursuant to NRS 628.230 is eligible to take the examination without waiting until he or she meets the requirements of work experience if the candidate also meets the requirements of [paragraphs] paragraph (a) [and (b)] of subsection 1 of NRS 628.190.

      Sec. 13. NRS 628.310 is hereby amended to read as follows:

      628.310  1.  The Board may waive the examination, the requirements for education or the requirements for work experience, or any combination thereof, required under NRS 628.190, and may issue a certificate as a certified public accountant to any person who is the holder of a certificate as a certified public accountant then in effect issued under the laws of any state or other jurisdiction of the United States approved by the Board, constituting a recognized qualification for the practice of public accounting comparable to that of a certified public accountant of this State, if:

      (a) The person has passed an examination that is substantially the same as the examination conducted pursuant to NRS 628.230 with a grade that would have been a passing grade in this State on the date on which the person received his or her original certificate;

      (b) The person has experience in the practice of public accountancy, either as a certified public accountant or as a staff accountant employed by a partnership, corporation, limited-liability company or sole proprietorship engaged in the practice of public accounting and working under the direct supervision of a person who is a certified public accountant, while holding a certificate as a certified public accountant for more than 4 of the 10 years immediately preceding his or her making application pursuant to this chapter; and

      (c) The requirements for education of the state or other jurisdiction from which the person received his or her original certificate are determined by the Board to satisfy the requirements for education of this State.

 


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      2.  The Board may [waive the examination, the requirements for education or the requirements for experience, or any combination thereof, under NRS 628.190, and may] issue a certificate as a certified public accountant to any person who is the holder of an equivalent certificate then in effect issued by a foreign country if:

      (a) Persons who are certified as public accountants in this State are granted similar privileges by the foreign country in which the applicant is certified;

      (b) The applicant’s certificate:

             (1) Was issued by the appropriate authority that regulates the practice of public accountancy in the foreign country in which the certificate was issued;

             (2) Has not expired or been revoked or suspended; and

             (3) Authorizes the applicant to issue reports upon financial statements;

      (c) The requirements for education and examination of the regulatory authority of the foreign country were substantially equivalent to the requirements for education and examination of this State on the date on which the applicant received his or her certificate;

      (d) The applicant:

             (1) Complied with requirements for experience in the foreign country in which the certificate was issued that are substantially equivalent to the requirements set forth in NRS 628.200; or

             (2) Has completed in any state at least 4 years of public accounting experience, or equivalent experience determined to be appropriate by the Board, within the 10 years immediately preceding his or her making application for certification in this State;

      (e) The applicant has passed a written examination on national standards for public accounting and ethics that is acceptable to the Board; and

      (f) The applicant submits with the application a list of all jurisdictions in which he or she has applied for and received a certificate to practice public accounting.

      3.  A person who is granted a certificate as a certified public accountant pursuant to subsection 2 shall notify the Board, in writing, within 30 days after:

      (a) The person is issued an equivalent certificate to practice public accounting by another jurisdiction or is denied the issuance of such a certificate;

      (b) A certificate to practice public accounting issued to the person by another jurisdiction is revoked or suspended; or

      (c) Another jurisdiction in which the person is certified to practice public accounting commences any type of disciplinary action against the person.

      Sec. 13.5. (Deleted by amendment.)

      Sec. 14. NRS 628.325 is hereby amended to read as follows:

      628.325  1.  One or more natural persons may organize a corporation for the practice of public accounting under the Professional Entities and Associations Act, chapter 89 of NRS. The corporation is not required to have more directors than shareholders, but at least one director must be a shareholder. The other directors need not, but may, be shareholders.

      2.  One or more natural persons may:

 

 


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      (a) Organize a corporation pursuant to chapter 78 of NRS;

      (b) Qualify to do business as a foreign corporation pursuant to chapter 80 of NRS;

      (c) Organize a limited-liability company pursuant to chapter 86 of NRS; or

      (d) Register as a foreign limited-liability company pursuant to chapter 86 of NRS,

Ê to practice public accounting.

      3.  The organization, qualification or registration of a corporation or company pursuant to subsection 2:

      (a) Does not modify:

             (1) The relationship between an accountant and a client;

             (2) The liability arising out of that relationship; or

             (3) The compliance of the corporation or company with this chapter or any regulations adopted pursuant thereto.

      (b) Does not render:

             (1) A person liable in tort for any act in which he or she has not personally participated.

             (2) The manager, a member or an employee of a limited-liability company liable in contract for any contract which the person executes on behalf of a limited-liability company within the limits of his or her authority.

      4.  Notwithstanding any specific statute to the contrary, a simple majority of the ownership of a corporation, partnership or limited-liability company organized for the practice of public accounting in this State, in terms of the financial interests and voting rights of all shareholders, partners, officers, members and principals thereof, must belong to persons who are certified public accountants in any state . [or registered public accountants in this State.] Each shareholder, partner, officer, member or principal whose principal place of business is in this State and who performs professional services in this State must be [:

      (a) If the corporation, partnership or limited-liability company registered with the Board is a corporation, partnership or limited-liability company of certified public accountants,] a certified public accountant in this State in good standing . [; and

      (b) If the corporation, partnership or limited-liability company registered with the Board is a corporation, partnership or limited-liability company of public accountants, a certified public accountant or registered public accountant in this State in good standing.]

      5.  A corporation, partnership or limited-liability company organized for the practice of public accounting in this State may have as a shareholder, partner, officer, member or principal any natural person who is not a certified public accountant in any state [or a registered public accountant in this State] if:

      (a) The natural person is actively engaged in the business of the corporation, partnership or limited-liability company, or any affiliate thereof; and

      (b) The corporation, partnership or limited-liability company complies with any other requirements that the Board by regulation may impose.

      Secs. 14.2, 14.4, 14.6 and 14.8. (Deleted by amendment.)

      Sec. 15. NRS 628.370 is hereby amended to read as follows:

      628.370  1.  Each office established or maintained in this State for the practice of public accounting in this State by a certified public accountant or a partnership, corporation or limited-liability company composed of certified public accountants [, or by a registered public accountant or a partnership, corporation or limited-liability company composed of registered public accountants,] must be registered annually under this chapter with the Board.

 


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a partnership, corporation or limited-liability company composed of certified public accountants [, or by a registered public accountant or a partnership, corporation or limited-liability company composed of registered public accountants,] must be registered annually under this chapter with the Board. The Board may charge a fee for the registration of an office in an amount set by regulation.

      2.  The Board shall by regulation prescribe the procedure to be followed in registering offices.

      Sec. 16. NRS 628.375 is hereby amended to read as follows:

      628.375  1.  Before a certified public accountant [, a registered public accountant] or a partnership, corporation or limited-liability company composed of certified public accountants [or registered public accountants] with an office in this State engages in the practice of public accounting in this State under a fictitious name, the person or entity must register the fictitious name with the Board.

      2.  The Board shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations that prescribe:

      (a) The procedure for registering a fictitious name with the Board; and

      (b) The fee for registering a fictitious name with the Board.

      Sec. 17. NRS 628.380 is hereby amended to read as follows:

      628.380  1.  Permits to engage in the practice of public accounting in this State must be issued by the Board to holders of the certificate of certified public accountant issued under NRS 628.190 to 628.310, inclusive, [and to registered public accountants registered or licensed pursuant to NRS 628.350,] if all offices of the holder of a certificate [or registrant] are maintained and registered as required under NRS 628.370, and if the holder of a certificate [or registrant] has complied with the continuing education requirements provided in this chapter and in the Board’s regulations.

      2.  All permits expire on December 31 of each year and may be renewed annually for a period of 1 year by holders of certificates [and registrants] in good standing upon payment of an annual renewal fee set by the Board by regulation.

      3.  Failure of a holder of a certificate [or registrant] to apply for an annual permit to practice deprives him or her of the right to a permit, unless the Board, in its discretion, determines that the failure was caused by excusable neglect.

      4.  The Board shall adopt a regulation specifying the fee for the renewal of a permit after January 31 of each year.

      5.  The Board may provide by regulation for the placing of certificates [and registrations] on a retired or inactive status. The regulation may provide for a procedure for applying for retired or inactive status and for applying to return to active status, and must specify fees, if any, to accompany the applications.

      Sec. 18. NRS 628.385 is hereby amended to read as follows:

      628.385  The Legislature finds that:

      1.  The explosion of knowledge and the increasing complexity of practice make it essential that certified public accountants [and public accountants] continue to develop their competence and maintain the general quality of the practice of their profession.

      2.  The public interest requires that certified public accountants [and registered public accountants] provide competent service in all areas of their practice.

 


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      3.  Formal programs of continuing education provide certified public accountants [and public accountants] with the opportunity to maintain the general quality of the practice of their profession.

      4.  It is in the public interest to require that certified public accountants [and registered public accountants] who have certificates [and who have been registered, respectively,] under the provisions of this chapter comply with requirements for continuing education adopted by the Board as a prerequisite to the issuance or renewal of permits to engage in the practice of public accounting pursuant to NRS 628.380.

      Sec. 19. NRS 628.386 is hereby amended to read as follows:

      628.386  1.  The Board may by regulation prescribe, amend or repeal rules, including, but not limited to:

      (a) A definition of basic requirements for continuing education;

      (b) A delineation of qualifying programs;

      (c) A system of control and reporting; and

      (d) A program to ensure that licensees are maintaining the standards of the profession.

      2.  In exercising its power under this section, the Board shall establish standards which will assure reasonable currency of knowledge as a basis for a high standard of practice by certified public accountants . [and registered public accountants.] The standards must be established in a manner to assure that a variety of alternatives are available to certificate holders [and registrants] to comply with the requirements of continuing education for renewal of permits and must take cognizance of specialized areas of practice.

      Sec. 20. NRS 628.387 is hereby amended to read as follows:

      628.387  The Board may, in accordance with the intent of this chapter, make exceptions from continuing education requirements for certificate holders [or registrants] not engaged in public practice, or for reasons of health, military service or other good cause, except that if such certificate holder [or registrant] returns to the practice of public accounting he or she shall meet such continuing education requirements as the Board may determine.

      Sec. 21. NRS 628.388 is hereby amended to read as follows:

      628.388  The Board may appoint a Committee on Continuing Education consisting of certified public accountants [and registered public accountants] in active practice and holding live permits. Upon assignment and as directed by the Board, the Committee shall assist the Board in the administration of the provisions of this chapter for continuing education.

      Sec. 22. NRS 628.390 is hereby amended to read as follows:

      628.390  1.  After giving notice and conducting a hearing, the Board may revoke, or may suspend for a period of not more than 5 years, any certificate issued under NRS 628.190 to 628.310, inclusive, any practice privileges granted pursuant to NRS 628.315 or 628.335 [, any registration or license granted to a registered public accountant under NRS 628.350,] or any registration of a partnership, corporation, limited-liability company, sole proprietorship or office, or may revoke, suspend or refuse to renew any permit issued under NRS 628.380, or may publicly censure the holder of any permit, [license] certificate or registration or any natural person granted practice privileges pursuant to NRS 628.315, for any one or any combination of the following causes:

 


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      (a) Fraud or deceit in obtaining a certificate as a certified public accountant [, or in obtaining registration or a license as a public accountant under this chapter] or in obtaining a permit to practice public accounting under this chapter.

      (b) Dishonesty, fraud or gross negligence by a certified [or registered] public accountant or a natural person granted practice privileges pursuant to NRS 628.315.

      (c) Violation of any of the provisions of this chapter.

      (d) Violation of a regulation or rule of professional conduct adopted by the Board under the authority granted by this chapter.

      (e) Conviction of a felony relating to the practice of public accounting under the laws of any state or jurisdiction.

      (f) Conviction of any crime:

             (1) An element of which is dishonesty or fraud; or

             (2) Involving moral turpitude,

Ê under the laws of any state or jurisdiction.

      (g) Cancellation, revocation, suspension, placing on probation or refusal to renew authority to practice as a certified public accountant [or a registered public accountant] by any other state, for any cause other than failure to pay an annual registration fee or to comply with requirements for continuing education or review of his or her practice in the other state.

      (h) Suspension, revocation or placing on probation of the right to practice before any state or federal agency.

      (i) Unless the person has been placed on inactive or retired status, failure to obtain an annual permit under NRS 628.380, within:

             (1) Sixty days after the expiration date of the permit to practice last obtained or renewed by the holder of a certificate ; [or registrant;] or

             (2) Sixty days after the date upon which the holder of a certificate [or registrant] was granted the certificate , [or registration,] if no permit was ever issued to the person, unless the failure has been excused by the Board.

      (j) Conduct discreditable to the profession of public accounting or which reflects adversely upon the fitness of the person to engage in the practice of public accounting.

      (k) Making a false or misleading statement in support of an application for a certificate [, registration] or permit of another person.

      (l) Committing an act in another state or jurisdiction which would be subject to discipline in that state.

      2.  After giving notice and conducting a hearing, the Board may deny an application to take the examination prescribed by the Board pursuant to NRS 628.190, deny a person admission to such an examination, invalidate a grade received for such an examination or deny an application for a certificate issued pursuant to NRS 628.190 to 628.310, inclusive, to a person who has:

      (a) Made any false or fraudulent statement, or any misleading statement or omission relating to a material fact in an application:

             (1) To take the examination prescribed by the Board pursuant to NRS 628.190; or

             (2) For a certificate issued pursuant to NRS 628.190 to 628.310, inclusive;

 

 


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      (b) Cheated on an examination prescribed by the Board pursuant to NRS 628.190 or any such examination taken in another state or jurisdiction of the United States;

      (c) Aided, abetted or conspired with any person in a violation of the provisions of paragraph (a) or (b); or

      (d) Committed any combination of the acts set forth in paragraphs (a), (b) and (c).

      3.  In addition to other penalties prescribed by this section, the Board may impose a civil penalty of not more than $5,000 for each violation of this section.

      4.  The Board shall not privately censure the holder of any permit [, license,] or certificate [or registration] or any natural person granted practice privileges pursuant to NRS 628.315.

      5.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      Sec. 23. NRS 628.393 is hereby amended to read as follows:

      628.393  1.  If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate issued pursuant to NRS 628.190 to 628.310, inclusive, [a registration or license granted to a registered public accountant pursuant to NRS 628.350] or a permit issued pursuant to NRS 628.380, the Board shall deem the certificate [, registration, license] or permit issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the certificate [, registration, license] or permit by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate [, registration, license] or permit has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Board shall reinstate a certificate issued pursuant to NRS 628.190 to 628.310, inclusive, [a registration or license granted to a registered public accountant pursuant to NRS 628.350] or a permit issued pursuant to NRS 628.380 that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate [, registration, license] or permit was suspended stating that the person whose certificate [, registration, license] or permit was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 24. NRS 628.395 is hereby amended to read as follows:

      628.395  In addition to any penalty which it may assess pursuant to NRS 628.390, the Board may suspend any of the provisions of an order issued pursuant to that section and place the certified [or registered] public accountant on probation, subject to limitations and conditions specified by the Board, which may include requirements for continuing education or for a review of the accountant’s practice, either periodically or continuously.

      Sec. 25. NRS 628.400 is hereby amended to read as follows:

      628.400  1.  After giving notice and conducting a hearing, the Board shall revoke the registration of a partnership, corporation or limited-liability company if at any time it does not have all the qualifications prescribed by the section of this chapter under which it qualified for registration.

 


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      2.  After giving notice and conducting a hearing, the Board may revoke or suspend the registration of a partnership, corporation or limited-liability company, or may censure the partnership, corporation or limited-liability company, or impose a sanction authorized by NRS 628.390 [,] or 628.395, for any of the causes enumerated in subsection 1 of NRS 628.390, or for one or both of the following additional causes:

      (a) The revocation or suspension of the certificate or registration or the revocation or suspension or refusal to renew the permit to practice of any partner or shareholder who is personally engaged in the practice of public accounting in this State, whether or not he or she holds a live permit in this State.

      (b) The cancellation, revocation, suspension or refusal to renew the authority of the partnership, corporation or limited-liability company, or any partner, shareholder or member thereof to practice public accounting in any other state for any cause other than failure to pay an annual registration fee or comply with a requirement for continuing education or practice review in the other state.

      Sec. 26. 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. 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,

 


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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.

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

      Sec. 27. NRS 628.415 is hereby amended to read as follows:

      628.415  1.  Any disciplinary action taken by a hearing officer or panel pursuant to NRS 628.140 is subject to the same procedural requirements which apply to disciplinary actions taken by the Board, and the officer or panel has those powers and duties given to the Board in relation thereto.

      2.  A decision of the hearing officer or panel relating to the imposition of a civil penalty, costs and attorney’s fees is a final decision in a contested case. Any party aggrieved by a decision of the officer or panel to place a certified [or registered] public accountant on probation or revoke or suspend a certificate [,] or permit [, registration or license] may appeal that decision to the Board.

      Sec. 28. NRS 628.418 is hereby amended to read as follows:

      628.418  1.  Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential [.] and privileged.

      2.  The complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The provisions of this section do not prohibit the Board or an employee of the Board from cooperating with another licensing board or any other agency that is investigating a person who holds a certificate or a permit issued pursuant to NRS 628.380 or a partnership, corporation, limited-liability company or sole proprietorship that is registered with the Board pursuant to NRS 628.335, by providing documents or other information relating to a complaint.

      Sec. 29. NRS 628.420 is hereby amended to read as follows:

      628.420  Upon application in writing and after a hearing, the Board may:

      1.  Issue a new certificate to a certified public accountant whose certificate has been revoked;

      2.  [Permit the reregistration of a public accountant whose registration has been revoked;

      3.]  Reissue or modify the suspension of any permit to practice public accounting which has been revoked or suspended, unless the permit was suspended pursuant to NRS 425.540; or

      [4.]3.  Modify any action taken against any person or any order which it has issued pursuant to NRS 628.390.

      Sec. 30. NRS 628.430 is hereby amended to read as follows:

      628.430  All statements, records, schedules, working papers and memoranda made by a certified public accountant [, a registered public accountant] or a natural person granted practice privileges pursuant to NRS 628.315 incident to or in the course of professional service to clients by the accountant, except reports submitted by a certified public accountant [, a registered public accountant] or a natural person granted practice privileges pursuant to NRS 628.315 to a client, are the property of the accountant, in the absence of an express agreement between the accountant and the client to the contrary.

 


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NRS 628.315 incident to or in the course of professional service to clients by the accountant, except reports submitted by a certified public accountant [, a registered public accountant] or a natural person granted practice privileges pursuant to NRS 628.315 to a client, are the property of the accountant, in the absence of an express agreement between the accountant and the client to the contrary. No such statement, record, schedule, working paper or memorandum may be sold, transferred or bequeathed, without the consent of the client or the client’s personal representative or assignee, to anyone other than one or more surviving partners or new partners of the accountant or to his or her corporation.

      Sec. 31. NRS 628.435 is hereby amended to read as follows:

      628.435  1.  A practitioner shall comply with all professional standards for accounting and documentation related to an attestation applicable to particular engagements.

      2.  Except as otherwise provided in this section and in all professional standards for accounting and documentation related to an attestation applicable to particular engagements, a practitioner shall retain all documentation related to an attestation for not less than 5 years after the date of the report containing the attestation.

      3.  Documentation related to an attestation that, at the end of the retention period set forth in subsections 1 and 2, is a part of or subject to a pending investigation of, or disciplinary action against, a practitioner must be retained and must not be destroyed until the practitioner has been notified in writing that the investigation or disciplinary action has been closed or concluded.

      4.  As used in this section:

      (a) “Documentation related to an attestation” includes, without limitation:

             (1) All documentation relating to consultations and resolutions of any differences of professional opinion regarding the exercise of professional judgment relating to an attestation; and

             (2) Documentation of the findings or issues related to the attestation that, based on the judgment of the practitioner after an objective analysis of the facts and circumstances, is determined to be significant, regardless of whether the documentation includes information or data that is inconsistent with the final conclusions of the practitioner.

      (b) “Practitioner” means:

             (1) A holder of a certificate issued pursuant to NRS 628.190 to 628.310, inclusive, [any registration or license granted to a registered public accountant pursuant to NRS 628.350] or a permit issued pursuant to NRS 628.380;

             (2) A partnership, corporation, limited-liability company or sole proprietorship registered pursuant to NRS 628.335; or

             (3) A natural person granted practice privileges pursuant to NRS 628.315.

      Sec. 31.5. (Deleted by amendment.)

      Sec. 32. NRS 628.440 is hereby amended to read as follows:

      628.440  This chapter does not prohibit any person from serving as an employee of, or an assistant to, a certified public accountant [or registered public accountant] who holds a live permit, or a partnership, corporation or limited-liability company composed of certified public accountants [or registered public accountants registered pursuant to NRS 628.360, 628.363 or 628.365] if the employee or assistant does not issue any accounting or financial statement over his or her name.

 


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or 628.365] if the employee or assistant does not issue any accounting or financial statement over his or her name.

      Sec. 33. NRS 628.470 is hereby amended to read as follows:

      628.470  A natural person shall not assume or use the title or designation “public [accountant,” “registered public] accountant” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that he or she is a public accountant unless the person:

      1.  [Is a registered public accountant, holds a live permit and all of the person’s offices in this State for the practice of public accounting are maintained and registered as required under NRS 628.370;

      2.]  Has received a certificate as a certified public accountant under NRS 628.190 to 628.310, inclusive, holds a live permit and all of the person’s offices in this State for the practice of public accounting are maintained and registered as required under NRS 628.370; or

      [3.]2.  Is a natural person granted practice privileges pursuant to NRS 628.315.

      Sec. 34. NRS 628.480 is hereby amended to read as follows:

      628.480  A partnership, corporation, limited-liability company or sole proprietorship shall not assume or use the title or designation “public accountant” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that the partnership, corporation, limited-liability company or sole proprietorship is composed of public accountants unless the partnership, corporation, limited-liability company or sole proprietorship is:

      1.  Registered as a partnership, corporation, limited-liability company or sole proprietorship of [registered public accountants or as a partnership, corporation, limited-liability company or sole proprietorship of] certified public accountants and all offices of the partnership, corporation, limited-liability company or sole proprietorship in this State for the practice of public accounting are maintained and registered as required under NRS 628.370; or

      2.  Performing services within the practice of public accounting pursuant to the provisions of subsection 3 of NRS 628.335.

      Sec. 35. NRS 628.510 is hereby amended to read as follows:

      628.510  1.  Except as otherwise provided in subsection 2, a person shall not sign or affix his or her name or the name of a partnership, corporation, limited-liability company or sole proprietorship, or any trade or assumed name used by the person or by the partnership, corporation, limited-liability company or sole proprietorship in business, with any wording indicating that he or she is an accountant or auditor, or that the partnership, corporation, limited-liability company or sole proprietorship is authorized to practice as an accountant or auditor or with any wording indicating that the person or the partnership, corporation, limited-liability company or sole proprietorship has expert knowledge in accounting or auditing, to any accounting or financial statement, or attest to any accounting or financial statement, unless:

      (a) The person holds a live permit or the partnership, corporation, limited-liability company or sole proprietorship is registered pursuant to NRS 628.335 [, 628.360, 628.363 or 628.365] and all of the person’s offices in this State for the practice of public accounting are maintained and registered under NRS 628.370;

 


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      (b) The person is a natural person granted practice privileges pursuant to NRS 628.315; or

      (c) The partnership, corporation, limited-liability company or sole proprietorship is performing services within the practice of public accounting pursuant to the provisions of subsection 3 of NRS 628.335.

      2.  The provisions of subsection 1 do not prohibit:

      (a) Any officer, employee, partner, principal or member of any organization from affixing his or her signature to any statement or report in reference to the financial affairs of that organization with any wording designating the position, title or office which he or she holds in the organization.

      (b) Any act of a public official or public employee in the performance of his or her duties as such.

      (c) Any person who does not hold a live permit from preparing a financial statement or issuing a report if the statement or report, respectively, includes a disclosure that:

             (1) The person who prepared the statement or issued the report does not hold a live permit issued by the Board; and

             (2) The statement or report does not purport to have been prepared in compliance with the professional standards of accounting adopted by the Board.

      Sec. 36. NRS 628.520 is hereby amended to read as follows:

      628.520  A person shall not sign or affix the name of a partnership, corporation, limited-liability company or sole proprietorship with any wording indicating that it is a partnership, corporation, limited-liability company or sole proprietorship composed of accountants or auditors or persons having expert knowledge or special expertise in accounting or auditing, to any accounting or financial statement, or attest to any accounting or financial statement, unless the partnership, corporation, limited-liability company or sole proprietorship is:

      1.  Registered pursuant to NRS 628.335 [, 628.360, 628.363 or 628.365] and all of its offices in this State for the practice of public accounting are maintained and registered as required under NRS 628.370; or

      2.  Performing services within the practice of public accounting pursuant to the provisions of subsection 3 of NRS 628.335.

      Sec. 37. NRS 628.540 is hereby amended to read as follows:

      628.540  1.  Except as otherwise provided in subsection 2, a person, partnership, corporation, limited-liability company or sole proprietorship shall not engage in the practice of public accounting or hold himself, herself or itself out to the public as an “accountant” or “auditor” by use of either or both of those words [, or by use of the word “accounting,”] in connection with any other language which implies that such a person or firm holds a certificate, permit or registration or has special competence as an accountant or auditor on any sign, card, letterhead or in any advertisement or directory unless:

      (a) If a natural person, he or she holds a live permit or has been granted practice privileges pursuant to NRS 628.315; or

      (b) If a partnership, corporation, limited-liability company or sole proprietorship, it is registered pursuant to NRS 628.335 [, 628.360, 628.363 or 628.365] or is performing services within the practice of public accounting pursuant to the provisions of subsection 3 of NRS 628.335.

 


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      2.  The provisions of subsection 1 do not prohibit:

      (a) Any officer, employee, partner, shareholder, principal or member of any organization from describing himself or herself by the position, title or office he or she holds in that organization.

      (b) Any act of a public official or public employee in the performance of his or her duties as such.

      Sec. 38. NRS 628.550 is hereby amended to read as follows:

      628.550  1.  A person shall not assume or use the title or designation “certified public accountant” or “public accountant” in conjunction with names indicating or implying that there is a partnership, corporation or limited-liability company, or in conjunction with the designation “and Company” or “and Co.” or a similar designation, if there is in fact no bona fide partnership, corporation or limited-liability company:

      (a) Registered under NRS 628.335 ; [, 628.360, 628.363 or 628.365;] or

      (b) Performing services within the practice of public accounting pursuant to the provisions of subsection 3 of NRS 628.335.

[Ê A sole proprietor or partnership lawfully using a title or designation in conjunction with any names or designation on April 1, 1960, may continue to do so if the sole proprietor or partnership otherwise complies with the provisions of this chapter.]

      2.  A person, partnership, corporation or limited-liability company shall not engage in the practice of public accounting under any name which is misleading as to:

      (a) The legal form of the firm;

      (b) The persons who are partners, officers, shareholders or members; or

      (c) Any other matter.

Ê The names of past partners, shareholders or members may be included in the name of a firm or its successors.

      Sec. 39. NRS 628.570 is hereby amended to read as follows:

      628.570  Whenever in the judgment of the Board any person has engaged, or is about to engage, in any acts or practices which constitute, or will constitute, a violation of NRS 628.435 or 628.450 to 628.550, inclusive, the Board may issue and serve on the person an order to cease and desist or make application to an appropriate court for an order enjoining the acts or practices, and upon a showing by the Board that the person has engaged, or is about to engage, in any of those acts or practices, an injunction, restraining order or such order as may be appropriate must be granted by the court without a bond.

      Sec. 40. NRS 628.580 is hereby amended to read as follows:

      628.580  1.  Any person who violates any provision of NRS 628.435 or 628.450 to 628.550, inclusive, is guilty of a gross misdemeanor.

      2.  Whenever the Board has reason to believe that any person is liable to punishment under this section , it may certify the facts to the Attorney General or other appropriate enforcement officer, who may, in his or her discretion, cause appropriate proceedings to be brought.

      Sec. 41. NRS 628A.010 is hereby amended to read as follows:

      628A.010  As used in this chapter, unless the context otherwise requires:

      1.  “Client” means a person who receives advice from a financial planner.

 


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      2.  “Compensation” means a fee for services provided by a financial planner to a client or a commission or other remuneration derived by a financial planner from a person other than the client as the result of the purchase of a good or service by the client.

      3.  “Financial planner” means a person who for compensation advises others upon the investment of money or upon provision for income to be needed in the future, or who holds himself or herself out as qualified to perform either of these functions, but does not include:

      (a) An attorney and counselor at law admitted by the Supreme Court of this State;

      (b) A certified public accountant [or a public accountant licensed] who holds a certificate issued pursuant to NRS 628.190 to 628.310, inclusive ; [, or 628.350;]

      (c) A broker-dealer or sales representative licensed pursuant to NRS 90.310 or exempt under NRS 90.320;

      (d) An investment adviser licensed pursuant to NRS 90.330 or exempt under NRS 90.340; or

      (e) A producer of insurance licensed pursuant to chapter 683A of NRS or an insurance consultant licensed pursuant to chapter 683C of NRS,

Ê whose advice upon investment or provision of future income is incidental to the practice of his or her profession or business.

      Sec. 41.1. Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 5, if a physician who holds a valid and unrestricted license to practice medicine in another state or territory of the United States or another country has entered into a written or oral agreement to provide services to members of a visiting athletic team or organization, the physician is temporarily exempt from licensure and may practice medicine in this State while providing services pursuant to the agreement to members of the visiting athletic team or organization who are present in this State for the purpose of engaging in competition or training.

      2.  Except as otherwise provided in subsection 5, if a physician who holds a valid and unrestricted license to practice medicine in another state or territory of the United States or another country has been invited by the governing body of a national organization to provide services to persons participating in an athletic event or training sanctioned or operated by the organization, the physician is temporarily exempt from licensure and may practice medicine in this State while providing services to such persons.

      3.  Except as otherwise provided in this subsection and subsection 4, an exemption described in this section is valid for a period of not more than 10 days for each competition or training session. Upon the application of a physician, the Board may grant an exemption of not more than 20 additional days for each competition or training session.

      4.  A physician who is practicing medicine under an exemption described in this section shall not:

      (a) Practice medicine at a medical facility;

      (b) Provide services to persons who are not described in subsection 1 or 2, as applicable; or

 

 


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      (c) Practice medicine under such an exemption for more than 60 days in a calendar year.

      5.  The provisions of this section do not apply to any contest or exhibition of unarmed combat conducted pursuant to chapter 467 of NRS.

      6.  As used in this section, “visiting athletic team or organization” means an athletic team or organization which is primarily based at a location outside of this State.

      Sec. 41.2. NRS 630.047 is hereby amended to read as follows:

      630.047  1.  This chapter does not apply to:

      (a) A medical officer or perfusionist or practitioner of respiratory care of the Armed Forces or a medical officer or perfusionist or practitioner of respiratory care of any division or department of the United States in the discharge of his or her official duties, including, without limitation, providing medical care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455;

      (b) Physicians who are called into this State, other than on a regular basis, for consultation with or assistance to a physician licensed in this State, and who are legally qualified to practice in the state where they reside;

      (c) Physicians who are legally qualified to practice in the state where they reside and come into this State on an irregular basis to:

             (1) Obtain medical training approved by the Board from a physician who is licensed in this State; or

             (2) Provide medical instruction or training approved by the Board to physicians licensed in this State;

      (d) Physicians who are temporarily exempt from licensure pursuant to section 41.1 of this act and are practicing medicine within the scope of the exemption;

      (e) Any person permitted to practice any other healing art under this title who does so within the scope of that authority, or healing by faith or Christian Science;

      [(e)](f) The practice of respiratory care by a student as part of a program of study in respiratory care that is approved by the Board, or is recognized by a national organization which is approved by the Board to review such programs, if the student is enrolled in the program and provides respiratory care only under the supervision of a practitioner of respiratory care;

      [(f)](g) The practice of respiratory care by a student who:

             (1) Is enrolled in a clinical program of study in respiratory care which has been approved by the Board;

             (2) Is employed by a medical facility, as defined in NRS 449.0151; and

             (3) Provides respiratory care to patients who are not in a critical medical condition or, in an emergency, to patients who are in a critical medical condition and a practitioner of respiratory care is not immediately available to provide that care and the student is directed by a physician to provide respiratory care under the supervision of the physician until a practitioner of respiratory care is available;

      [(g)](h) The practice of respiratory care by a person on himself or herself or gratuitous respiratory care provided to a friend or a member of a person’s family if the provider of the care does not represent himself or herself as a practitioner of respiratory care;

 


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      [(h)](i) A person who is employed by a physician and provides respiratory care or services as a perfusionist under the supervision of that physician;

      [(i)](j) The maintenance of medical equipment for perfusion or respiratory care that is not attached to a patient; and

      [(j)](k) A person who installs medical equipment for respiratory care that is used in the home and gives instructions regarding the use of that equipment if the person is trained to provide such services and is supervised by a provider of health care who is acting within the authorized scope of his or her practice.

      2.  This chapter does not repeal or affect any statute of Nevada regulating or affecting any other healing art.

      3.  This chapter does not prohibit:

      (a) Gratuitous services outside of a medical school or medical facility by a person who is not a physician, perfusionist, physician assistant or practitioner of respiratory care in cases of emergency.

      (b) The domestic administration of family remedies.

      Sec. 41.25. Chapter 633 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 5, if an osteopathic physician who holds a valid and unrestricted license to practice osteopathic medicine in another state or territory of the United States or another country has entered into a written or oral agreement to provide services to members of a visiting athletic team or organization, the osteopathic physician is temporarily exempt from licensure and may practice osteopathic medicine in this State while providing services pursuant to the agreement to members of the visiting athletic team or organization who are present in this State for the purpose of engaging in competition or training.

      2.  Except as otherwise provided in subsection 5, if an osteopathic physician who holds a valid and unrestricted license to practice osteopathic medicine in another state or territory of the United States or another country has been invited by the governing body of a national organization to provide services to persons participating in an athletic event or training sanctioned or operated by the organization, the osteopathic physician is temporarily exempt from licensure and may practice osteopathic medicine in this State while providing services to such persons.

      3.  Except as otherwise provided in this subsection and subsection 4, an exemption described in this section is valid for a period of not more than 10 days for each competition or training session. Upon the application of an osteopathic physician, the Board may grant an exemption of not more than 20 additional days for each competition or training session.

      4.  An osteopathic physician who is practicing osteopathic medicine under an exemption described in this section shall not:

      (a) Practice osteopathic medicine at a medical facility;

      (b) Provide services to persons who are not described in subsection 1 or 2, as applicable; or

      (c) Practice osteopathic medicine under such an exemption for more than 60 days in a calendar year.

      5.  The provisions of this section do not apply to any contest or exhibition of unarmed combat conducted pursuant to chapter 467 of NRS.

 


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      6.  As used in this section, “visiting athletic team or organization” means an athletic team or organization which is primarily based at a location outside of this State.

      Sec. 41.3. NRS 633.171 is hereby amended to read as follows:

      633.171  1.  This chapter does not apply to:

      (a) The practice of medicine or perfusion pursuant to chapter 630 of NRS, dentistry, chiropractic, podiatry, optometry, respiratory care, faith or Christian Science healing, nursing, veterinary medicine or fitting hearing aids.

      (b) A medical officer of the Armed Forces or a medical officer of any division or department of the United States in the discharge of his or her official duties, including, without limitation, providing medical care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455.

      (c) Osteopathic physicians who are called into this State, other than on a regular basis, for consultation or assistance to a physician licensed in this State, and who are legally qualified to practice in the state where they reside.

      (d) Osteopathic physicians who are temporarily exempt from licensure pursuant to section 41.25 of this act and are practicing osteopathic medicine within the scope of the exemption.

      2.  This chapter does not repeal or affect any law of this State regulating or affecting any other healing art.

      3.  This chapter does not prohibit:

      (a) Gratuitous services of a person in cases of emergency.

      (b) The domestic administration of family remedies.

      Sec. 41.35. Chapter 634 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 5, if a chiropractic physician who holds a valid and unrestricted license to practice chiropractic in another state or territory of the United States or another country has entered into a written or oral agreement to provide services to members of a visiting athletic team or organization, the chiropractic physician is temporarily exempt from licensure and may practice chiropractic in this State while providing services pursuant to the agreement to members of the visiting athletic team or organization who are present in this State for the purpose of engaging in competition or training.

      2.  Except as otherwise provided in subsection 5, if a chiropractic physician who holds a valid and unrestricted license to practice chiropractic in another state or territory of the United States or another country has been invited by the governing body of a national organization to provide services to persons participating in an athletic event or training sanctioned or operated by the organization, the chiropractic physician is temporarily exempt from licensure and may practice chiropractic in this State while providing services to such persons.

      3.  Except as otherwise provided in this subsection and subsection 4, an exemption described in this section is valid for a period of not more than 10 days for each competition or training session. Upon the application of a chiropractor, the Board may grant an exemption of not more than 20 additional days for each competition or training session.

      4.  A chiropractic physician who is practicing chiropractic under an exemption described in this section shall not:

 


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      (a) Practice chiropractic at a medical facility;

      (b) Provide services to persons who are not described in subsection 1 or 2, as applicable; or

      (c) Practice chiropractic under such an exemption for more than 60 days in a calendar year.

      5.  The provisions of this section do not apply to any contest or exhibition of unarmed combat conducted pursuant to chapter 467 of NRS.

      6.  As used in this section, “visiting athletic team or organization” means an athletic team or organization which is primarily based at a location outside of this State.

      Sec. 41.4. NRS 634.227 is hereby amended to read as follows:

      634.227  1.  A person who:

      (a) Presents to the Board as his or her own the diploma, license or credentials of another;

      (b) Gives false or forged evidence of any kind to the Board; or

      (c) Practices chiropractic under a false or assumed name or falsely personates another licensee,

Ê is guilty of a misdemeanor.

      2.  Except as otherwise provided in NRS 634.105 and 634.1375, and section 41.35 of this act, a person who does not hold a license issued pursuant to this chapter and:

      (a) Practices chiropractic in this State;

      (b) Holds himself or herself out as a chiropractor;

      (c) Uses any combination, variation or abbreviation of the terms “chiropractor,” “chiropractic” or “chiropractic physician” as a professional or commercial representation; or

      (d) Uses any means which directly or indirectly conveys to another person the impression that he or she is qualified or licensed to practice chiropractic,

Ê is guilty of a category D felony and shall be punished as provided in NRS 193.130, unless a greater penalty is provided pursuant to NRS 200.830 or 200.840.

      3.  In addition to any other penalty prescribed by law, if the Board determines that a person has committed any act described in subsection 2, the Board may:

      (a) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or certificate or otherwise demonstrates that he or she is no longer in violation of subsection 2. An order to cease and desist must include a telephone number with which the person may contact the Board.

      (b) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.

      (c) Assess against the person an administrative fine of not more than $5,000.

 

 


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      (d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).

      Sec. 41.5. Chapter 634A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 5, if a doctor of Oriental medicine who holds a valid and unrestricted license to practice Oriental medicine in another state or territory of the United States or another country has entered into a written or oral agreement to provide services to members of a visiting athletic team or organization, the doctor of Oriental medicine is temporarily exempt from licensure and may practice Oriental medicine in this State while providing services pursuant to the agreement to members of the visiting athletic team or organization who are present in this State for the purpose of engaging in competition or training.

      2.  Except as otherwise provided in subsection 5, if a doctor of Oriental medicine who holds a valid and unrestricted license to practice Oriental medicine in another state or territory of the United States or another country has been invited by the governing body of a national organization to provide services to persons participating in an athletic event or training sanctioned or operated by the organization, the doctor of Oriental medicine is temporarily exempt from licensure and may practice Oriental medicine in this State while providing services to such persons.

      3.  Except as otherwise provided in this subsection and subsection 4, an exemption described in this section is valid for a period of not more than 10 days for each competition or training session. Upon the application of a doctor of Oriental medicine, the Board may grant an exemption of not more than 20 additional days for each competition or training session.

      4.  A doctor of Oriental medicine who is practicing Oriental medicine under an exemption described in this section shall not:

      (a) Practice Oriental medicine at a medical facility;

      (b) Provide services to persons who are not described in subsection 1 or 2, as applicable; or

      (c) Practice Oriental medicine under such an exemption for more than 60 days in a calendar year.

      5.  The provisions of this section do not apply to any contest or exhibition of unarmed combat conducted pursuant to chapter 467 of NRS.

      6.  As used in this section, “visiting athletic team or organization” means an athletic team or organization which is primarily based at a location outside of this State.

      Sec. 41.6. NRS 634A.025 is hereby amended to read as follows:

      634A.025  1.  This chapter does not apply to Oriental physicians who are [called] :

      (a) Called into this State for consultation [.] ; or

      (b) Temporarily exempt from licensure pursuant to section 41.5 of this act and are practicing Oriental medicine within the scope of the exemption.

      2.  This chapter does not apply to a practitioner of acupuncture:

      (a) Who is employed by an accredited school of Oriental medicine located in this State;

      (b) Who is licensed to practice acupuncture in another state or jurisdiction; and

      (c) Whose practice of acupuncture in this State:

 


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             (1) Is limited to teaching, supervising or demonstrating the methods and practices of acupuncture to students in a clinical setting; and

             (2) Does not involve the acceptance of payment from any patient for services relating to his or her practice of acupuncture.

      3.  This chapter does not prohibit:

      (a) Gratuitous services of druggists or other persons in cases of emergency.

      (b) The domestic administration of family remedies.

      (c) Any person from assisting any person in the practice of the healing arts licensed under this chapter, except that such person may not insert needles into the skin or prescribe herbal medicine.

      4.  For the purposes of this section, “accredited school of Oriental medicine” means a school that has received at least candidacy status for institutional accreditation from the Accreditation Commission for Acupuncture and Oriental Medicine, or its successor organization.

      Sec. 41.65. Chapter 640 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 5, if a physical therapist who holds a valid and unrestricted license to practice physical therapy in another state or territory of the United States or another country has entered into a written or oral agreement to provide services to members of a visiting athletic team or organization, the physical therapist is temporarily exempt from licensure and may practice physical therapy in this State while providing services pursuant to the agreement to members of the visiting athletic team or organization who are present in this State for the purpose of engaging in competition or training.

      2.  Except as otherwise provided in subsection 5, if a physical therapist who holds a valid and unrestricted license to practice physical therapy in another state or territory of the United States or another country has been invited by the governing body of a national organization to provide services to persons participating in an athletic event or training sanctioned or operated by the organization, the physical therapist is temporarily exempt from licensure and may practice physical therapy in this State while providing services to such persons.

      3.  Except as otherwise provided in this subsection and subsection 4, an exemption described in this section is valid for a period of not more than 10 days for each competition or training session. Upon the application of a physical therapist, the Board may grant an exemption of not more than 20 additional days for each competition or training session.

      4.  A physical therapist who is practicing physical therapy under an exemption described in this section shall not:

      (a) Practice physical therapy at a medical facility;

      (b) Provide services to persons who are not described in subsection 1 or 2, as applicable; or

      (c) Practice physical therapy under such an exemption for more than 60 days in a calendar year.

      5.  The provisions of this section do not apply to any contest or exhibition of unarmed combat conducted pursuant to chapter 467 of NRS.

      6.  As used in this section, “visiting athletic team or organization” means an athletic team or organization which is primarily based at a location outside of this State.

 


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      Sec. 41.7. NRS 640.029 is hereby amended to read as follows:

      640.029  This chapter does not apply to [an] :

      1.  An occupational therapist, occupational therapy assistant or athletic trainer who:

      [1.](a) Is licensed to practice in this state;

      [2.](b) Practices within the scope of that license; and

      [3.](c) Does not represent that he or she is a physical therapist or physical therapist’s assistant, or that he or she practices physical therapy [.] ; or

      2.  A physical therapist who is temporarily exempt from licensure pursuant to section 41.65 of this act and is practicing physical therapy within the scope of the exemption.

      Sec. 41.8. Chapter 640B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 5, if an athletic trainer who holds a valid and unrestricted license to practice athletic training in another state or territory of the United States or another country has entered into a written or oral agreement to provide services to members of a visiting athletic team or organization, the athletic trainer is temporarily exempt from licensure and may practice athletic training in this State while providing services pursuant to the agreement to members of the visiting athletic team or organization who are present in this State for the purpose of engaging in competition or training.

      2.  Except as otherwise provided in subsection 5, if an athletic trainer who holds a valid and unrestricted license to practice athletic training in another state or territory of the United States or another country has been invited by the governing body of a national organization to provide services to persons participating in an athletic event or training sanctioned or operated by the organization, the athletic trainer is temporarily exempt from licensure and may practice athletic training in this State while providing services to such persons.

      3.  Except as otherwise provided in this subsection and subsection 4, an exemption described in this section is valid for a period of not more than 10 days for each competition or training session. Upon the application of an athletic trainer, the Board may grant an exemption of not more than 20 additional days for each competition or training session.

      4.  An athletic trainer who is practicing athletic training under an exemption described in this section shall not:

      (a) Practice athletic training at a medical facility;

      (b) Provide services to persons who are not described in subsection 1 or 2, as applicable; or

      (c) Practice athletic training under such an exemption for more than 60 days in a calendar year.

      5.  The provisions of this section do not apply to any contest or exhibition of unarmed combat conducted pursuant to chapter 467 of NRS.

      6.  As used in this section, “visiting athletic team or organization” means an athletic team or organization which is primarily based at a location outside of this State.

      Sec. 41.9. NRS 640B.145 is hereby amended to read as follows:

      640B.145  The provisions of this chapter do not apply to:

      1.  A person who is licensed pursuant to chapters 630 to 637, inclusive, or chapter 640 or 640A of NRS, when acting within the scope of that license.

 


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ê2017 Statutes of Nevada, Page 3485 (Chapter 512, AB 454)ê

 

      2.  A person who is employed by the Federal Government and engages in the practice of athletic training within the scope of that employment.

      3.  A person who is [employed as an] temporarily exempt from licensure pursuant to section 41.8 of this act and is practicing athletic [trainer outside this State when engaging in the practice of athletic] training within the scope of [that employment in connection with an athletic event held in this State.] the exemption.

      Sec. 42. NRS 172.205 is hereby amended to read as follows:

      172.205  The grand jury shall have the power, with the consent of the board of county commissioners, to engage the services of an attorney other than and in addition to the district attorney, certified [or registered] public accountants, and such other skilled persons as may be necessary in the performance of its inquisitorial powers.

      Sec. 43. NRS 361.375 is hereby amended to read as follows:

      361.375  1.  The State Board of Equalization, consisting of five members appointed by the Governor, is hereby created. The Governor shall designate one of the members to serve as Chair of the Board.

      2.  The Governor shall appoint:

      (a) One member who is a certified public accountant . [or a registered public accountant.]

      (b) One member who is a property appraiser with a professional designation.

      (c) One member who is versed in the valuation of centrally assessed properties.

      (d) Two members who are versed in business generally.

      3.  Only three of the members may be of the same political party and no more than two may be from the same county.

      4.  An elected public officer or his or her deputy, employee or any person appointed by him or her to serve in another position must not be appointed to serve as a member of the State Board of Equalization.

      5.  After the initial terms, members serve terms of 4 years, except when appointed to fill unexpired terms. No member may serve more than two full terms consecutively.

      6.  Any member of the State Board of Equalization may be removed by the Governor if, in the opinion of the Governor, that member is guilty of malfeasance in office or neglect of duty.

      7.  Each member of the State Board of Equalization is entitled to receive a salary of not more than $80, as fixed by the Board, for each day actually employed on the work of the Board.

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

      9.  A majority of the members of the State Board of Equalization constitutes a quorum, and a majority of the Board shall determine the action of the Board. The Board may adopt regulations governing the conduct of its business.

      10.  The State Board of Equalization shall comply with any applicable regulation adopted by the Nevada Tax Commission.

      11.  The staff of the State Board of Equalization must be provided by the Department and the Executive Director is the Secretary of the Board.

 


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      Sec. 44. NRS 678.390 is hereby amended to read as follows:

      678.390  1.  The board may appoint an audit committee to make an annual audit of the financial records of the credit union and any interim audits as may be deemed necessary by the board or as may be directed by the Commissioner. A copy of the report must be submitted to the board and the Commissioner and a summary presented to the members at the next annual meeting.

      2.  The audit committee may by unanimous vote suspend any director, officer or member of the credit union following an audit, for any violation of this chapter, the charter or bylaws or for any other practice which the audit committee deems to be unsafe or unauthorized. In such cases, the audit committee shall call a special meeting of the members not less than 7 nor more than 21 days following the suspension and the suspension must be ratified or overturned by the members.

      3.  Any member of the audit committee may be suspended by the board for the same reasons and in the same manner as provided in subsection 2.

      4.  The audit committee may by a majority vote call a special meeting of the members to consider any violation of this chapter, the charter or bylaws or any practice of the credit union deemed by the audit committee to be unsafe or unauthorized.

      5.  The board of directors or the audit committee may employ the services of a certified public accountant [or a registered public accountant] to complete the necessary audit of the records of the credit union.

      Sec. 45. NRS 628.029, 628.350, 628.360, 628.363 and 628.365 are hereby repealed.

      Sec. 46.  1.  This section and sections 1 to 13, inclusive, 14, 15 to 31, inclusive, 32 to 41, inclusive, and 42 to 45, inclusive, of this act become effective upon passage and approval.

      2.  Sections 41.1 to 41.9, inclusive, of this act become effective upon passage and approval for the purpose of adopting regulations and performing any other administrative tasks that are necessary to carry out the provisions of this act, and on January 1, 2018, for all other purposes.

      3.  Sections 13.5, 14.2 to 14.8, inclusive, and 31.5 of this act become effective on January 1, 2019.

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ê2017 Statutes of Nevada, Page 3487ê

 

CHAPTER 513, AB 484

Assembly Bill No. 484–Committee on Education

 

CHAPTER 513

 

[Approved: June 9, 2017]

 

AN ACT relating to education; revising provisions relating to the accreditation of postsecondary educational institutions; revising the composition of the Commission on Postsecondary Education; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a postsecondary educational institution is considered “accredited” if it has met the standards required by an accrediting body recognized by the United States Department of Education. (NRS 394.006) Section 2.5 of this bill provides that a postsecondary educational institution is also considered to be accredited if it is recognized as accredited directly by the United States Department of Education.

      Under existing law, the Commission on Postsecondary Education is an independent body, responsible for licensing and regulating certain academic, vocational, technical and business schools and privately owned colleges and universities. (NRS 394.099, 394.383, 394.415) The Administrator of the Commission serves as its Executive Secretary and is responsible for executing or supervising the execution of the policies and regulations of the Commission, subject to its direction and control. (NRS 394.385, 394.411)

      Section 6 of this bill locates the Commission within the Employment Security Division of the Department of Employment, Training and Rehabilitation. Section 46 of this bill makes the Administrator of the Employment Security Division responsible for the administration of the Commission, through the Administrator of the Commission. Sections 8 and 41 of this bill make conforming changes.

      The Commission presently consists of seven members appointed by the Governor, including one member who is a representative of the State Board of Education. (NRS 394.383, 394.385) Section 6 of this bill revises the composition of the Commission such that it consists of six voting members and one employee of the Department of Employment, Training and Rehabilitation appointed by the Director of the Department who serves as a nonvoting member. Section 7 of this bill eliminates the member who is a representative of the State Board of Education from the Commission.

      Existing law makes certain activities related to postsecondary educational institutions unlawful. (NRS 394.560) Section 35 of this bill makes the commission of such acts a gross misdemeanor.

 

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 394.006 is hereby amended to read as follows:

      394.006  A postsecondary educational institution is “accredited” if [it] :

      1.  It has met the standards required by an accrediting body recognized by the United States Department of Education [.] ; or

      2.  The United States Department of Education recognizes it as accredited.

 


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      Sec. 3. NRS 394.024 is hereby amended to read as follows:

      394.024  “Commissioner” means any member of the Commission on Postsecondary Education . [except the Administrator.]

      Secs. 4 and 5. (Deleted by amendment.)

      Sec. 6. NRS 394.383 is hereby amended to read as follows:

      394.383  1.  The Commission on Postsecondary Education [, consisting] is hereby created within the Employment Security Division of the Department of Employment, Training and Rehabilitation. The Commission consists of [seven] :

      (a) An employee of the Department of Employment, Training and Rehabilitation designated by the Director of the Department of Employment, Training and Rehabilitation to serve as a nonvoting member; and

      (b) Six voting members appointed by the Governor . [, is hereby created.]

      2.  The voting members of the Commission are entitled to receive a salary of not more than $80, as fixed by the Commission, for each day’s attendance at a meeting of the Commission.

      3.  The nonvoting member of the Commission designated pursuant to paragraph (a) of subsection 1 must be relieved from his or her duties with the Department of Employment, Training and Rehabilitation without loss of regular compensation so that he or she 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. The Department may not require the member to make up time or take annual vacation or compensatory time for the time that he or she is absent from work to carry out his or her duties as a member of the Commission.

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

      Sec. 7. NRS 394.385 is hereby amended to read as follows:

      394.385  1.  The Governor shall appoint:

      (a) [One member who is a representative of the State Board of Education.

      (b)] Two members who are knowledgeable in the field of education, but not persons representing postsecondary educational institutions, or colleges established or maintained under the laws of this State.

      [(c)](b) Two members who are representatives of private postsecondary educational institutions.

      [(d)](c) Two members who are representatives of the general public and are not associated with the field of education.

      2.  The Commission shall designate a Chair. [The Administrator is the Executive Secretary.] The Commission may meet regularly at least four times each year at such places and times as may be specified by a call of the Chair or majority of the Commission. The Commission shall prescribe regulations for its own management. Four voting members of the Commission constitute a quorum which may exercise all the authority conferred upon the Commission.

      3.  Any Commissioner may be removed by the Governor if, in the opinion of the Governor, the Commissioner is guilty of malfeasance in office or neglect of duty.

 


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      Sec. 8. NRS 394.411 is hereby amended to read as follows:

      394.411  1.  The Commission shall adopt regulations governing the administration of NRS 394.383 to 394.560, inclusive, and may adopt such other regulations as are proper or necessary for the execution of the powers and duties conferred upon it by law.

      2.  [The] Subject to the administrative supervision of the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation pursuant to NRS 612.220, the Administrator of the Commission shall execute, direct or supervise all administrative, technical and procedural activities for which the Administrator is responsible in accordance with the policies and regulations of the Commission . [and subject to the Commission’s direction and control.]

      Secs. 9-17. (Deleted by amendment.)

      Sec. 18. NRS 394.463 is hereby amended to read as follows:

      394.463  1.  The institution shall pay the per diem allowance and travel expenses allowed for state officers and employees generally [,] to the members of the panel of evaluators [,] and the Administrator [and employees of the Commission] during their inspections of the institution and to the member of the panel who attends the meeting of the Commission at which the license is discussed. The institution shall also pay the cost of preparing and printing the report of the panel.

      2.  Each claim for reimbursement of these expenses must be submitted to the Administrator within 30 days after they are incurred. The Administrator shall verify the claim and forward it to the institution. Within 30 days after its receipt, the institution shall issue a negotiable instrument which is payable to the claimant and send it to the Administrator, who shall send it to the claimant.

      Secs. 19-34. (Deleted by amendment.)

      Sec. 35. NRS 394.610 is hereby amended to read as follows:

      394.610  Unless a specific penalty is otherwise provided, a person who willfully violates the provisions of NRS 394.005 to [394.550,] 394.560, inclusive, is guilty of a gross misdemeanor. Each day’s failure to comply with the provisions of these sections is a separate offense.

      Secs. 36-40. (Deleted by amendment.)

      Sec. 41. 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.

      2.  Is responsible for the administration, through the divisions of the Department, of the provisions of NRS 394.383 to 394.560, inclusive, 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.

 


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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.

      Secs. 42-45. (Deleted by amendment.)

      Sec. 46. NRS 612.220 is hereby amended to read as follows:

      612.220  The Administrator:

      1.  Shall administer this chapter.

      2.  Is responsible for the administration, through the Administrator of the Commission on Postsecondary Education, of the provisions of NRS 394.383 to 394.560, inclusive.

      3.  Has power and authority to adopt, amend or rescind such rules and regulations, to employ, in accordance with the provisions of this chapter, such persons, make such expenditures, require such reports, make such investigations, and take such other action as the Administrator deems necessary or suitable to that end.

      [3.]4.  Shall determine his or her own organization and methods of procedure for the Division in accordance with the provisions of this chapter.

      Sec. 47. (Deleted by amendment.)

      Sec. 48.  The term of the member of the Commission on Postsecondary Education:

      1.  Appointed pursuant to paragraph (a) of subsection 1 of NRS 394.385; and

      2.  Who is incumbent on June 30, 2017,

Ê expires on June 30, 2017.

      Sec. 49. (Deleted by amendment.)

      Sec. 50.  The Legislative Counsel shall, in preparing the Nevada Revised Statutes or any supplements to the Nevada Administrative Code, use the authority set forth in subsection 10 of NRS 220.120 to change appropriately the name of any agency, officer or instrumentality of the State whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate agency, officer or instrumentality.

      Sec. 51.  (Deleted by amendment.)

      Sec. 52.  This act becomes effective on July 1, 2017.

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CHAPTER 514, AB 486

Assembly Bill No. 486–Committee on Transportation

 

CHAPTER 514

 

[Approved: June 9, 2017]

 

AN ACT relating to taxation; revising provisions relating to the allocation of a certain portion of the proceeds of the basic governmental services tax; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The State of Nevada imposes a governmental services tax for the privilege of operating any vehicle upon the highways of this State. (NRS 371.030) The annual amount of the basic governmental services tax is 4 cents on each $1 of valuation of the vehicle, as determined by the Department of Motor Vehicles, with an exception for certain trailers. (NRS 371.040) Existing law sets forth depreciation schedules for determining the amount of the basic governmental services tax each year for used vehicles and establishes a minimum tax. (NRS 371.060)

      Under existing law, a specified percentage of the proceeds of the governmental services tax, after certain deductions authorized for the Department, is required to be equally distributed to the State General Fund and the State Highway Fund. (NRS 482.180, 482.182) The remaining proceeds of the governmental services tax is distributed to each county in this State based on percentages provided by law. (NRS 482.181)

      This bill revises those provisions governing the portion of the governmental services tax proceeds to be distributed to the State General Fund and the State Highway Fund to provide that, for the Fiscal Years 2017-2018 and 2018-2019, the State General Fund will receive 25 percent of the proceeds and the State Highway Fund will receive 75 percent of the proceeds.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 482.181 is hereby amended to read as follows:

      482.181  1.  Except as otherwise provided in subsection 5, after deducting the amount withheld by the Department and the amount credited to the Department pursuant to subsection 6 of NRS 482.180, and the amount transferred to the State General Fund and the State Highway Fund pursuant to NRS 482.182, the Department shall certify monthly to the State Board of Examiners the amount of the basic and supplemental governmental services taxes collected for each county by the Department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.

      2.  Any supplemental governmental services tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.043, 371.045 and 371.047.

      3.  The distribution of the basic governmental services tax received or collected for each county must be made to the county school district within each county before any distribution is made to a local government, special district or enterprise district. For the purpose of calculating the amount of the basic governmental services tax to be distributed to the county school district, the taxes levied by each local government, special district and enterprise district are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district’s debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.

 


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ê2017 Statutes of Nevada, Page 3492 (Chapter 514, AB 486)ê

 

enterprise district are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district’s debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.

      4.  After making the distributions set forth in subsection 3, the remaining money received or collected for each county must be deposited in the Local Government Tax Distribution Account created by NRS 360.660 for distribution to local governments, special districts and enterprise districts within each county pursuant to the provisions of NRS 360.680 and 360.690.

      5.  An amount equal to any basic governmental services tax distributed to a redevelopment agency in the Fiscal Year 1987-1988 must continue to be distributed to that agency as long as it exists but must not be increased.

      6.  The Department shall make distributions of the basic governmental services tax directly to county school districts.

      7.  As used in this section:

      (a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.

      (b) “Local government” has the meaning ascribed to it in NRS 360.640.

      (c) “Received or collected for each county” means:

             (1) For the basic governmental services tax collected on vehicles subject to the provisions of chapter 706 of NRS, the amount determined for each county based on the following percentages:

 

Carson City.............. 1.07 percent        Lincoln..................... 3.12 percent

Churchill.................... 5.21 percent        Lyon......................... 2.90 percent

Clark........................ 22.54 percent        Mineral..................... 2.40 percent

Douglas..................... 2.52 percent        Nye........................... 4.09 percent

Elko......................... 13.31 percent        Pershing.................... 7.00 percent

Esmeralda................. 2.52 percent        Storey....................... 0.19 percent

Eureka....................... 3.10 percent        Washoe.................. 12.24 percent

Humboldt................. 8.25 percent        White Pine............... 5.66 percent

Lander....................... 3.88 percent

 

             (2) For all other basic and supplemental governmental services tax received or collected by the Department, the amount attributable to each county based on the county of registration of the vehicle for which the tax was paid.

      (d) “Special district” has the meaning ascribed to it in NRS 360.650.

      Sec. 2. NRS 482.182 is hereby amended to read as follows:

      482.182  1.  After deducting the amount withheld by the Department and the amount credited to the Department pursuant to subsection 6 of NRS 482.180 and before carrying out the provisions of NRS 482.181 each month, the Department shall direct the State Controller to transfer to the :

 

 

 

 


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      (a) State General Fund from the proceeds of the basic governmental services tax collected by the Department and its agents during the preceding month, 25 percent of the amounts indicated pursuant to this section.

      (b) State Highway Fund from the proceeds of the basic governmental services tax collected by the Department and its agents during the preceding month , 75 percent of the amounts indicated pursuant to this section.

      2.  Except as otherwise provided in subsection 3, the amount required to be transferred pursuant to subsection 1 from the proceeds of the basic governmental services tax imposed on vehicles depreciated in accordance with:

      (a) Subsection 1 of NRS 371.060 based upon an age of:

             (1) One year, is a sum equal to 11 percent of those proceeds;

             (2) Two years, is a sum equal to 12 percent of those proceeds;

             (3) Three years, is a sum equal to 13 percent of those proceeds;

             (4) Four years, is a sum equal to 15 percent of those proceeds;

             (5) Five years, is a sum equal to 18 percent of those proceeds;

             (6) Six years, is a sum equal to 22 percent of those proceeds;

             (7) Seven years, is a sum equal to 29 percent of those proceeds;

             (8) Eight years, is a sum equal to 40 percent of those proceeds; and

             (9) Nine years or more, is a sum equal to 67 percent of those proceeds; and

      (b) Subsection 2 of NRS 371.060 based upon an age of:

             (1) One year, is a sum equal to 12 percent of those proceeds;

             (2) Two years, is a sum equal to 14 percent of those proceeds;

             (3) Three years, is a sum equal to 18 percent of those proceeds;

             (4) Four years, is a sum equal to 21 percent of those proceeds;

             (5) Five years, is a sum equal to 26 percent of those proceeds;

             (6) Six years, is a sum equal to 30 percent of those proceeds;

             (7) Seven years, is a sum equal to 33 percent of those proceeds;

             (8) Eight years, is a sum equal to 37 percent of those proceeds;

             (9) Nine years, is a sum equal to 40 percent of those proceeds; and

             (10) Ten years or more, is a sum equal to 43 percent of those proceeds.

      3.  The amount required to be transferred pursuant to subsection 1 from the proceeds of the basic governmental services tax imposed on vehicles to which the minimum amount of that tax applies pursuant to paragraph (b) of subsection 3 of NRS 371.060 is a sum equal to 63 percent of those proceeds.

      Sec. 3.  This act becomes effective on July 1, 2017, and expires by limitation on June 30, 2019.

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ê2017 Statutes of Nevada, Page 3494ê

 

CHAPTER 515, AB 509

Assembly Bill No. 509–Committee on Ways and Means

 

CHAPTER 515

 

[Approved: June 9, 2017]

 

AN ACT making an appropriation to the Department of Business and Industry for the implementation of an electronic management system for public works and prevailing wage surveys in the Office of the Labor Commissioner; 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 Department of Business and Industry the sum of $48,920 for the implementation of an electronic management system for public works and prevailing wage surveys in the Office of the Labor Commissioner.

      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.

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CHAPTER 516, AB 514

Assembly Bill No. 514–Committee on Ways and Means

 

CHAPTER 516

 

[Approved: June 9, 2017]

 

AN ACT relating to prisoners; authorizing the Division of Parole and Probation of the Department of Public Safety to provide money for transitional housing for indigent prisoners released on parole under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a prisoner who is eligible for parole may not be released from prison until the Division of Parole and Probation of the Department of Public Safety approves the prisoner’s proposed plan for placement upon release. (NRS 213.140) This bill authorizes the Division to pay all or a portion of the cost of a prisoner’s transitional housing if the prisoner is indigent and the prisoner’s proposed plan for placement upon release indicates that the prisoner will reside in transitional housing upon his or her release.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 213.140 is hereby amended to read as follows:

      213.140  1.  When a prisoner becomes eligible for parole pursuant to this chapter or the regulations adopted pursuant to this chapter, the Board shall consider and may authorize the release of the prisoner on parole as provided in this chapter. The Board may authorize the release of a prisoner on parole whether or not parole is accepted by the prisoner.

      2.  If the release of a prisoner on parole is authorized by the Board, the Division shall:

      (a) Review and, if appropriate, approve each prisoner’s proposed plan for placement upon release; or

      (b) If the prisoner’s plan is not approved by the Division, assist the prisoner to develop a plan for his or her placement upon release,

Ê before the prisoner is released on parole. The prisoner’s proposed plan must identify the county in which the prisoner will reside if the prisoner will be paroled in Nevada.

      3.  If a prisoner is indigent and the prisoner’s proposed plan for placement upon release indicates that the prisoner will reside in transitional housing upon release, the Division may, within the limits of available resources, pay for all or a portion of the cost of the transitional housing for the prisoner based upon the prisoner’s economic need, as determined by the Division. The Division shall make such payment directly to the provider of the transitional housing.

      4.  The Board may adopt any regulations necessary or convenient to carry out this section.

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

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ê2017 Statutes of Nevada, Page 3496ê

 

CHAPTER 517, SB 47

Senate Bill No. 47–Committee on Natural Resources

 

CHAPTER 517

 

[Approved: June 9, 2017]

 

AN ACT relating to water; requiring the State Engineer to prepare a water budget and inventory of groundwater for each basin in this State; declaring the policy of this State to manage conjunctively all sources of water in this State; revising provisions relating to certain applications to appropriate water; revising provisions relating to certain fees collected by the State Engineer; revising the provisions governing the procedures for the State Engineer to declare a forfeiture of certain water rights; revising provisions relating to the Program for the Management of Groundwater in the Las Vegas Valley Groundwater Basin; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the State Engineer is charged with managing the appropriation of water in this State. (Title 48 of NRS) Section 1 of this bill requires the State Engineer to prepare a water budget and calculate and maintain an inventory of groundwater for each basin located in whole or in part in this State. Section 1.3 of this bill declares the policy of this State to manage conjunctively the appropriation, use and administration of all water in the State, regardless of the source.

      Existing law requires any person who wishes to appropriate public waters to apply to the State Engineer for a permit to do so. (NRS 533.325) Section 1.7 of this bill revises the requirements for an application for a permit to appropriate water. Section 2 of this bill requires the State Engineer to publish notice of an application to appropriate water in a newspaper of general circulation where the point of diversion is located.

      Existing law requires the State Engineer to conduct an inventory of a basin from which water is to be exported before approving an application for an interbasin transfer of more than 250 acre-feet of groundwater if the basin has not previously been studied or inventoried. (NRS 533.364) Section 3 of this bill authorizes the applicant to waive the time limit for completion of the inventory by the State Engineer.

      Upon approving an application for a permit to appropriate water, existing law authorizes the State Engineer to extend the deadline by which construction related to the appropriation of water or the application of water to a beneficial use must be completed or made. A single extension for a municipal or quasi-municipal use for a public water system may not exceed 5 years and an extension for any other use may not exceed 1 year. (NRS 533.380) Section 4 of this bill increases to 5 years the period of a single extension for a use other than for a municipal or quasi-municipal use for a public water system and requires an application to extend the deadline to include evidence of good faith on the part of the applicant in pursuing the perfection of the application.

      Section 5 of this bill eliminates the requirement that a certificate of appropriation set forth the post office address of each holder of the permit.

      Section 6 of this bill revises provisions relating to certain fees collected by the State Engineer.

      Existing law recognizes a subsisting right to water livestock which may be proved by the owner of livestock by submitting certain evidence to the State Engineer. (NRS 533.492) Section 7 of this bill revises the scale required for a topographic map showing the location of a subsisting right to water livestock from not less than 1:100,000 to not less than 1:24,000.

 


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      Existing law prohibits the denial of an application to change the point of diversion under an existing water right on the basis that the proposed point of diversion is situated in another state. Section 8 of this bill adds the same restriction for applications to change the manner of use or place of use.

      Existing law requires, under certain circumstances, the State Engineer to notify the owner of a water right that the owner has 1 year after the date of the notice to either: (1) use the water right beneficially and provide proof of such use to the State Engineer; or (2) apply to the State Engineer for an extension of time to work a forfeiture of the water right. If, after 1 year after the date of the notice, the owner of the water right has not taken either action, the State Engineer is required to declare the right forfeited within 30 days. (NRS 534.090) Section 9 of this bill requires the State Engineer to send a final notice to the owner of the water right before the 30-day period begins. Section 9 also provides certain additional factors which the State Engineer is required to consider when deciding whether to grant an extension of time to work a forfeiture.

      Existing law creates the Advisory Committee for the Management of Groundwater in the Las Vegas Valley Groundwater Basin and provides for the membership, meetings and duties of the Advisory Committee. (Sections 8 and 9, Chapter 572, Statutes of Nevada 1997, p. 2800, as amended by chapter 180, Statutes of Nevada 2011, p. 820) Section 16 of this bill makes creation of the Advisory Committee discretionary by the Southern Nevada Water Authority and reduces the term of the members of such an Advisory Committee to 2 years. Section 19 of this bill removes the requirement that the Advisory Committee meet at least once every year.

      Under existing law, the Southern Nevada Water Authority and the Advisory Committee are required to hold at least annually a joint workshop to discuss issues related to the basin and the management program. (Section 11 of chapter 572, Statutes of Nevada 1997, p. 2801) Section 17 of this bill eliminates the required participation of the Advisory Committee in the workshop. Section 18 of this bill makes a conforming change.

 

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

      For each basin located in whole or in part in the State, the State Engineer shall prepare a water budget and calculate and maintain an inventory of water which includes, without limitation:

      1.  The total amount of groundwater appropriated in the basin in accordance with decreed, certified and permitted rights regardless of whether the water appropriations are temporary in nature;

      2.  An estimate of the amount of groundwater used by domestic wells in the basin; and

      3.  An estimate of the amount of all groundwater that is available for appropriation in the basin.

      Sec. 1.3. NRS 533.024 is hereby amended to read as follows:

      533.024  The Legislature declares that:

      1.  It is the policy of this State:

      (a) To encourage and promote the use of effluent, where that use is not contrary to the public health, safety or welfare, and where that use does not interfere with federal obligations to deliver water of the Colorado River.

 


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ê2017 Statutes of Nevada, Page 3498 (Chapter 517, SB 47)ê

 

      (b) To recognize the importance of domestic wells as appurtenances to private homes, to create a protectable interest in such wells and to protect their supply of water from unreasonable adverse effects which are caused by municipal, quasi-municipal or industrial uses and which cannot reasonably be mitigated.

      (c) To encourage the State Engineer to consider the best available science in rendering decisions concerning the available surface and underground sources of water in Nevada.

      (d) To encourage and promote the use of water to prevent or reduce the spread of wildfire or to rehabilitate areas burned by wildfire, including, without limitation, through the establishment of vegetative cover that is resistant to fire.

      (e) To manage conjunctively the appropriation, use and administration of all waters of this State, regardless of the source of the water.

      2.  The procedures in this chapter for changing the place of diversion, manner of use or place of use of water, and for confirming a report of conveyance, are not intended to have the effect of quieting title to or changing ownership of a water right and that only a court of competent jurisdiction has the power to determine conflicting claims to ownership of a water right.

      Sec. 1.7. NRS 533.335 is hereby amended to read as follows:

      533.335  Each application for a permit to appropriate water shall contain the following information:

      1.  The name and post office address of the applicant and, if the applicant is a corporation, the date and place of incorporation.

      2.  The name of the source from which the appropriation is to be made.

      3.  The amount of water which it is desired to appropriate, expressed in terms of cubic feet per second [,] and acre-feet per year, except in [an] :

      (a) An application for a permit to store water, where the amount shall be expressed in acre-feet [.] ; and

      (b) An application for generating hydroelectric power or a diversion rate only application, where the amount shall be expressed in cubic feet per second.

      4.  The purpose for which the application is to be made.

      5.  A substantially accurate description of the location of the place at which the water is to be diverted from its source and, if any of such water is to be returned to the source, a description of the location of the place of return.

      6.  A description of the proposed works.

      7.  The estimated cost of such works.

      8.  The estimated time required to construct the works, and the estimated time required to complete the application of the water to beneficial use.

      9.  The signature of the applicant or a properly authorized agent thereof.

      Sec. 2. NRS 533.360 is hereby amended to read as follows:

      533.360  1.  Except as otherwise provided in subsection 4, NRS 533.345 and subsection 2 of NRS 533.370, when an application is filed in compliance with this chapter, the State Engineer shall, within 30 days, publish or cause to be published once a week for 4 consecutive weeks in a newspaper of general circulation [and printed and published] in the county where the [water is sought to be appropriated,] point of diversion is located, a notice of the application which sets forth:

 


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      (a) That the application has been filed.

      (b) The date of the filing.

      (c) The name and address of the applicant.

      (d) The name of the source from which the appropriation is to be made.

      (e) The location of the place of diversion, described by legal subdivision or metes and bounds and by a physical description of that place of diversion.

      (f) The purpose for which the water is to be appropriated.

Ê The publisher shall add thereto the date of the first publication and the date of the last publication.

      2.  Except as otherwise provided in subsection 4, proof of publication must be filed within 30 days after the final day of publication. The State Engineer shall pay for the publication from the application fee. If the application is cancelled for any reason before publication, the State Engineer shall return to the applicant that portion of the application fee collected for publication.

      3.  If the application is for a proposed well:

      (a) For municipal, quasi-municipal or industrial use; and

      (b) Whose reasonably expected rate of diversion is one-half cubic foot per second or more,

Ê the applicant shall mail a copy of the notice of application to each owner of real property containing a domestic well that is within 2,500 feet of the proposed well, to the owner’s address as shown in the latest records of the county assessor. If there are not more than six such wells, notices must be sent to each owner by certified mail, return receipt requested. If there are more than six such wells, at least six notices must be sent to owners by certified mail, return receipt requested. The return receipts from these notices must be filed with the State Engineer before the State Engineer may consider the application.

      4.  The provisions of this section do not apply to an environmental permit or a temporary permit issued pursuant to NRS 533.436 or 533.504.

      Sec. 3. NRS 533.364 is hereby amended to read as follows:

      533.364  1.  In addition to the requirements of NRS 533.370, before approving an application for an interbasin transfer of more than 250 acre-feet of groundwater from a basin which the State Engineer has not previously inventoried or for which the State Engineer has not conducted, or caused to be conducted, a study pursuant to NRS 532.165 or 533.368, the State Engineer or a person designated by the State Engineer shall conduct an inventory of the basin from which the water is to be exported. The inventory must include:

      (a) The total amount of surface water and groundwater appropriated in accordance with a decreed, certified or permitted right;

      (b) An estimate of the amount and location of all surface water and groundwater that is available for appropriation in the basin; and

      (c) The name of each owner of record set forth in the records of the Office of the State Engineer for each decreed, certified or permitted right in the basin.

      2.  The provisions of this section do not:

      (a) Require the State Engineer to initiate or complete a determination of the surface water or groundwater rights pursuant to NRS 533.090 to 533.320, inclusive, or to otherwise quantify any vested claims of water rights in the basin before approving an application for an interbasin transfer of groundwater from the basin; or

 


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      (b) Prohibit the State Engineer from considering information received from or work completed by another person to include in the inventory, if the inventory is otherwise conducted in accordance with the provisions of subsection 1.

      3.  The State Engineer shall charge the applicant a fee to cover the cost of the inventory. The amount of the fee must not exceed the cost to the State Engineer of conducting the inventory.

      4.  The State Engineer shall complete any inventory conducted pursuant to subsection 1 within 1 year after commencing the inventory [.] , unless the time limit is waived by the applicant.

      Sec. 4. NRS 533.380 is hereby amended to read as follows:

      533.380  1.  Except as otherwise provided in subsection 5, in an endorsement of approval upon any application, the State Engineer shall:

      (a) Set a time before which the construction of the work must be completed, which must be within 5 years after the date of approval.

      (b) Except as otherwise provided in this paragraph, set a time before which the complete application of water to a beneficial use must be made, which must not exceed 10 years after the date of the approval. The time set under this paragraph respecting an application for a permit to apply water to a municipal or quasi-municipal use on any land:

             (1) For which a final subdivision map has been recorded pursuant to chapter 278 of NRS;

             (2) For which a plan for the development of a project has been approved by the local government pursuant to NRS 278.010 to 278.460, inclusive; or

             (3) On any land for which a plan for the development of a planned unit development has been recorded pursuant to chapter 278A of NRS,

Ê must not be less than 5 years.

      2.  The State Engineer may limit the applicant to a smaller quantity of water, to a shorter time for the completion of work, and, except as otherwise provided in paragraph (b) of subsection 1, to a shorter time for the perfecting of the application than named in the application.

      3.  Except as otherwise provided in subsection 4 and NRS 533.395 and 533.4377, the State Engineer may, for good cause shown, grant any number of extensions of time within which construction work must be completed, or water must be applied to a beneficial use under any permit therefor issued by the State Engineer, but a single extension of time [for a municipal or quasi-municipal use for a public water system, as defined in NRS 445A.235,] must not exceed 5 years . [, and any other single extension of time must not exceed 1 year.] An application for the extension must in all cases be:

      (a) Made within 30 days following notice by registered or certified mail that proof of the work is due as provided for in NRS 533.390 and 533.410; and

      (b) Accompanied by proof and evidence of the good faith and reasonable diligence with which the applicant is pursuing the perfection of the application.

Ê The State Engineer shall not grant an extension of time unless the State Engineer determines from the proof and evidence so submitted that the applicant is proceeding in good faith and with reasonable diligence to perfect the application. The failure to provide the proof and evidence required pursuant to this subsection is prima facie evidence that the holder is not proceeding in good faith and with reasonable diligence to perfect the application.

 


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      4.  Except as otherwise provided in subsection 5 and NRS 533.395, whenever the holder of a permit issued for any municipal or quasi-municipal use of water on any land referred to in paragraph (b) of subsection 1, or for any use which may be served by a county, city, town, public water district or public water company, requests an extension of time to apply the water to a beneficial use, the State Engineer shall, in determining whether to grant or deny the extension, consider, among other factors:

      (a) Whether the holder has shown good cause for not having made a complete application of the water to a beneficial use;

      (b) The number of parcels and commercial or residential units which are contained in or planned for the land being developed or the area being served by the county, city, town, public water district or public water company;

      (c) Any economic conditions which affect the ability of the holder to make a complete application of the water to a beneficial use;

      (d) Any delays in the development of the land or the area being served by the county, city, town, public water district or public water company which were caused by unanticipated natural conditions; and

      (e) The period contemplated in the:

             (1) Plan for the development of a project approved by the local government pursuant to NRS 278.010 to 278.460, inclusive; or

             (2) Plan for the development of a planned unit development recorded pursuant to chapter 278A of NRS,

Ê if any, for completing the development of the land.

      5.  The provisions of subsections 1 and 4 do not apply to an environmental permit or a temporary permit issued pursuant to NRS 533.436 or 533.504.

      6.  For the purposes of this section, the measure of reasonable diligence is the steady application of effort to perfect the application in a reasonably expedient and efficient manner under all the facts and circumstances. When a project or integrated system is composed of several features, work on one feature of the project or system may be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.

      Sec. 5. NRS 533.425 is hereby amended to read as follows:

      533.425  1.  Except as otherwise provided in NRS 533.503, as soon as practicable after satisfactory proof has been made to the State Engineer that any application to appropriate water or any application for permission to change the place of diversion, manner or place of use of water already appropriated has been perfected in accordance with the provisions of this chapter, the State Engineer shall issue to the holder or holders of the permit a certificate setting forth:

      (a) The name [and post office address] of each holder of the permit.

      (b) The date, source, purpose and amount of appropriation.

      (c) If for irrigation, a description of the irrigated lands by legal subdivisions, when possible, to which the water is appurtenant.

      (d) The number of the permit under which the certificate is issued.

      2.  If the water is appropriated from an underground source, the State Engineer shall issue with the certificate a notice of the provisions governing the forfeiture and abandonment of such water rights. The notice must set forth the provisions of NRS 534.090.

 


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ê2017 Statutes of Nevada, Page 3502 (Chapter 517, SB 47)ê

 

      Sec. 6. NRS 533.435 is hereby amended to read as follows:

      533.435  1.  The State Engineer shall collect the following fees:

 

For examining and filing an application for a permit to appropriate water................................................ $360.00

This fee includes the cost of publication, which is $50.

For reviewing a corrected application or map, or both, in connection with an application for a water right permit......................................................................................................... 100.00

For examining and acting upon plans and specifications for construction of a dam.............................. 1,200.00

For examining and filing an application for each permit to change the point of diversion, manner of use or place of use of an existing right........................................................................ 240.00

This fee includes the cost of publication, which is $50.

For examining and filing an application for a temporary permit to change the point of diversion, manner of use or place of use of an existing right................................................. 180.00

For issuing and recording each permit to appropriate water for any purpose, except for generating hydroelectric power which results in nonconsumptive use of the water , watering livestock or wildlife purposes.............. 360.00

plus $3 per acre-foot approved or fraction thereof.

Except for generating hydroelectric power , watering livestock or wildlife purposes, for issuing and recording each permit to change an existing water right whether temporary or permanent for any purpose.............. 300.00

plus $3 per acre-foot approved or fraction thereof.

For issuing and recording each permit for additional rate of diversion from a well where no additional volume of water is granted.................................................................................... 1,000.00

For issuing and recording each permit to change the point of diversion or place of use [only] of an existing right whether temporary or permanent for [irrigational] irrigation purposes, a maximum fee of............................. 750.00

For issuing and recording each permit to appropriate or change the point of diversion or place of use of an existing right whether temporary or permanent for watering livestock or wildlife purposes........................................ 240.00

plus $50 for each cubic foot of water per second approved or fraction thereof.

For issuing and recording each permit to appropriate or change an existing right whether temporary or permanent for water for generating hydroelectric power which results in nonconsumptive use of the water............. 480.00

plus $50 for each [second] cubic foot per second of water approved or fraction thereof.

 


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ê2017 Statutes of Nevada, Page 3503 (Chapter 517, SB 47)ê

 

For [issuing] filing and examining a request for a waiver in connection with an application to drill a well $120.00

For filing and examining a notice of intent to drill a well............... 25.00

For filing and examining an affidavit to relinquish water rights in favor of use of water for domestic wells 300.00

For filing a secondary application under a reservoir permit........ 300.00

For approving and recording a secondary permit under a reservoir permit................................................... 540.00

For reviewing each tentative subdivision map.............................. 180.00

plus $1 per lot.

For reviewing and approving each final subdivision map........... 120.00

For storage approved under a dam permit for privately owned nonagricultural dams which store more than 50 acre-feet......................................................................................................... 480.00

plus $1.25 per acre-foot storage capacity. This fee includes the cost of inspection and must be paid annually.

For flood control detention basins................................................... 480.00

plus $1.25 per acre-foot storage capacity. This fee includes the cost of inspection and must be paid annually.

For filing proof of completion of work.............................................. 60.00

For filing proof of beneficial use........................................................ 60.00

For issuing and recording a certificate upon approval of the proof of beneficial use.................................. 350.00

For filing proof of resumption of a water right.............................. 360.00

For filing any protest............................................................................. 30.00

For filing any application for extension of time within which to file proofs, of completion or beneficial use, for each year for which the extension of time is sought....................... 120.00

For filing any application for extension of time to prevent a forfeiture, for each year for which the extension of time is sought............................................................................................. 120.00

For reviewing a cancellation of a water right pursuant to a petition for review............................................ 360.00

For examining and filing a report of conveyance filed pursuant to paragraph (a) of subsection 1 of NRS 533.384......................................................................................................... 120.00

plus $20 per conveyance document.

For filing any other instrument........................................................... 10.00

For making a copy of any document recorded or filed in the Office of the State Engineer, for the first page 1.00

For each additional page.......................................................................... .20

For certifying to copies of documents, records or maps, for each certificate..................................................... 6.00

For each copy of any full size drawing or map.................................. 6.00

For each color copy of any full size drawing or map (2x 3)...... 12.00

[The minimum charge for a blueprint copy, per print..................... 3.00]

For colored mylar plots........................................................................ 10.00

 


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      2.  When fees are not specified in subsection 1 for work required of the Office of the State Engineer, the State Engineer shall collect the actual cost of the work.

      3.  Except as otherwise provided in this subsection, all fees collected by the State Engineer under the provisions of this section must be deposited in the State Treasury for credit to the Water Distribution Revolving Account created pursuant to NRS 532.210. All fees received for [blueprint] copies of any drawing or map must be kept by the State Engineer and used only to pay the costs of printing, replacement and maintenance of printing equipment. Any publication fees received which are not used by the State Engineer for publication expenses must be returned to the persons who paid the fees. If, after exercising due diligence, the State Engineer is unable to make the refunds, the State Engineer shall deposit the fees in the State Treasury for credit to the Water Distribution Revolving Account created pursuant to NRS 532.210.

      Sec. 7. NRS 533.492 is hereby amended to read as follows:

      533.492  1.  A subsisting right to water livestock may be proven by an owner of livestock by one or more of the following items of evidence for the number of livestock and date of priority:

      (a) As to water rights on open range, whether public lands or unfenced private lands or a combination of these:

             (1) A statement of priority of use submitted to the Taylor Grazing Service, predecessor to the Bureau of Land Management, to show the numbers of livestock grazed upon the open range, for years from 1928 to 1934, inclusive, if accompanied by evidence of changes or absence of change since the date of the statement;

             (2) A license issued by the Taylor Grazing Service for use upon the open range; or

             (3) A statement of priority of use, or a license, issued by the United States Forest Service for the grazing of livestock before 1950.

      (b) As to water rights on other privately owned land:

             (1) An affidavit concerning the number and kind of livestock by a person familiar with the use made of the lands;

             (2) A record of livestock assessed to the claimant of the right, or the claimant’s predecessor, by a county assessor;

             (3) A count of livestock belonging to the claimant or the claimant’s predecessor made by a lender; or

             (4) An affidavit of a disinterested person.

      2.  The location of a subsisting right to water livestock and its extent along a stream may be shown by marking upon a topographic map whose scale is not less than [1:100,000] 1:24,000 or a map prepared by the United States Geological Survey covering a quadrangle of 7 1/2 minutes of latitude and longitude and by further identifying the location or extent by one-sixteenth sections within a numbered section, township and range as certified by a registered state water right surveyor.

      Sec. 8. NRS 533.515 is hereby amended to read as follows:

      533.515  1.  No permit for the appropriation of water or application to change the point of diversion , manner of use or place of use under an existing water right may be denied because of the fact that the point of diversion described in the application for the permit, or any portion of the works in the application described and to be constructed for the purpose of storing, conserving, diverting or distributing the water are situated in any other state; but in all such cases where the place of intended use, or the lands, or part of the lands [to be irrigated by means of the water,] identified as the place of use, are situated within this state, the permit must be issued as in other cases, pursuant to the provisions of NRS 533.324 to 533.450, inclusive, and chapter 534 of NRS.

 


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other state; but in all such cases where the place of intended use, or the lands, or part of the lands [to be irrigated by means of the water,] identified as the place of use, are situated within this state, the permit must be issued as in other cases, pursuant to the provisions of NRS 533.324 to 533.450, inclusive, and chapter 534 of NRS.

      2.  The permit must not purport to authorize the doing or refraining from any act or thing, in connection with the system of appropriation, not properly within the scope of the jurisdiction of this state and the State Engineer to grant.

      Sec. 9. NRS 534.090 is hereby amended to read as follows:

      534.090  1.  Except as otherwise provided in this section, failure for 5 successive years after April 15, 1967, on the part of the holder of any right, whether it is an adjudicated right, an unadjudicated right or a right for which a certificate has been issued pursuant to NRS 533.425, and further whether the right is initiated after or before March 25, 1939, to use beneficially all or any part of the underground water for the purpose for which the right is acquired or claimed, works a forfeiture of both undetermined rights and determined rights to the use of that water to the extent of the nonuse.

      2.  If the records of the State Engineer or any other documents [specified] obtained by or provided to the State Engineer indicate [at least] 4 or more consecutive years [, but less than 5 consecutive years,] of nonuse of all or any part of a water right which is governed by this chapter [, the] :

      (a) The State Engineer shall notify the owner of the water right, as determined in the records of the Office of the State Engineer, by registered or certified mail of the nonuse and that the owner has 1 year after the date of the notice of nonuse in which to use the water right beneficially and to provide proof of such use to the State Engineer or apply for relief pursuant to subsection [2] 3 to avoid forfeiting the water right.

      (b) If, after 1 year after the date of the notice [,] of nonuse pursuant to paragraph (a), proof of resumption of beneficial use is not filed in the Office of the State Engineer, the State Engineer shall, unless the State Engineer has granted a request to extend the time necessary to work a forfeiture of the water right, send a final notice to the owner of the water right, as determined in the records of the Office of the State Engineer, by registered or certified mail, that the water right is held for forfeiture. If the owner of the water right, within 30 days after the date of such final notice, fails to file the required proof of resumption of beneficial use or an application for an extension of time to prevent forfeiture, the State Engineer shall declare the right , or the portion of the right not returned to beneficial use, forfeited . [within 30 days. Upon the forfeiture of a right to the use of groundwater, the water reverts to the public and is available for further appropriation, subject to existing rights. If, upon] The State Engineer shall send notice of the declaration of forfeiture, by registered or certified mail , to the owner of record [whose] , as determined in the records of the Office of the State Engineer, of the water right that has been declared forfeited . [,]

      (c) If, after receipt of a notice of the declaration of forfeiture pursuant to paragraph (b), the owner of record of the water right fails to appeal the ruling in the manner provided for in NRS 533.450, and within the time provided for therein, the forfeiture becomes final. [The failure to receive a notice pursuant to this subsection does not nullify the forfeiture or extend the time necessary to work the forfeiture of a water right.

      2.]  Upon the forfeiture of the water right, the water reverts to the public and is available for further appropriation, subject to existing rights.

 


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      3.  The State Engineer may, upon the request of the holder of any right described in subsection 1, extend the time necessary to work a forfeiture under [that] subsection 2 if the request is made before the expiration of the time necessary to work a forfeiture. The State Engineer may grant, upon request and for good cause shown, any number of extensions, but a single extension must not exceed 1 year. In determining whether to grant or deny a request, the State Engineer shall, among other reasons, consider:

      (a) Whether the holder has [shown good cause for] submitted proof and evidence that the [holder’s failure to use all or any part of the] holder is proceeding in good faith and with reasonable diligence to resume use of the water beneficially for the purpose for which the holder’s right is acquired or claimed;

      (b) The [unavailability of] number of years during which the water [to] has not been put to [a] the beneficial use for which the right is [beyond the control of the holder;] acquired or claimed;

      (c) Any economic conditions or natural disasters which made the holder unable to put the water to that use;

      (d) [Any prolonged period in which precipitation in the basin where] Whether the water right is located [is below the average for that basin or in which indexes that measure soil moisture show that a deficit in soil moisture has occurred in that basin;] within a county under a declaration of drought by the Governor, United States Secretary of Agriculture or the President of the United States;

      (e) Whether a groundwater management plan has been approved for the basin where the water right is located pursuant to NRS 534.037; [and]

      (f) Whether the holder has demonstrated [efficient ways of using the] efforts to conserve water [for agricultural purposes, such as center-pivot irrigation.] which have resulted in a reduction in water consumption;

      (g) The date of priority of the water right as it relates to the potential curtailment of water use in the basin;

      (h) The availability of water in the basin, including, without limitation, whether withdrawals of water consistently exceed the perennial yield of the basin; and

      (i) Any orders restricting use or appropriation of water in the basin.

Ê The State Engineer shall notify, by registered or certified mail, the owner of the water right, as determined in the records of the Office of the State Engineer, of whether the State Engineer has granted or denied the holder’s request for an extension pursuant to this subsection. If the State Engineer grants an extension pursuant to this subsection and, before the expiration of that extension, proof of resumption of beneficial use or another request for an extension is not filed in the Office of the State Engineer, the State Engineer shall send a final notice to the owner of the water right, by registered or certified mail, that the water right will be declared forfeited if the owner of the water right fails to file the required proof of resumption of beneficial use or an application for an extension of time to prevent forfeiture within 30 days after the date of the final notice. If the owner of the water right fails to file the required proof of resumption of beneficial use or an application for an extension of time to prevent forfeiture within 30 days after the date of such final notice, the State Engineer shall declare the water right , or the portion of the right not returned to beneficial use, forfeited . [within 30 days after the expiration of the extension granted pursuant to this subsection.

 


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      3.  If the failure to use the water pursuant to subsection 1 is because of the use of center-pivot irrigation before July 1, 1983, and such use could result in a forfeiture of a portion of a right, the State Engineer shall, by registered or certified mail, send to the owner of record a notice of intent to declare a forfeiture. The notice must provide that the owner has at least 1 year after the date of the notice to use the water beneficially or apply for additional relief pursuant to subsection 2 before forfeiture of the owner’s right is declared by the State Engineer.]

      4.  The failure to receive a notice pursuant to subsection 2 or 3 does not nullify the forfeiture or extend the time necessary to work the forfeiture of a water right.

      5.  A right to use underground water whether it is vested or otherwise may be lost by abandonment. If the State Engineer, in investigating a groundwater source, upon which there has been a prior right, for the purpose of acting upon an application to appropriate water from the same source, is of the belief from his or her examination that an abandonment has taken place, the State Engineer shall so state in the ruling approving the application. If, upon notice by registered or certified mail to the owner of record who had the prior right, the owner of record of the prior right fails to appeal the ruling in the manner provided for in NRS 533.450, and within the time provided for therein, the alleged abandonment declaration as set forth by the State Engineer becomes final.

      Secs. 10-15. (Deleted by amendment.)

      Sec. 16. Section 8 of the Southern Nevada Water Authority Act being chapter 572, Statutes of Nevada 1997, as amended by chapter 180, Statutes of Nevada 2011, at page 820, is hereby amended to read as follows:

      Sec. 8.  1.  The Southern Nevada Water Authority may create an Advisory Committee for the Management of Groundwater in the Las Vegas Valley Groundwater Basin . [is hereby created. The] If created, the Advisory Committee consists of:

       (a) Seven members to be appointed by the Board of Directors, including:

             (1) Two persons who own and operate domestic wells located in the Basin;

             (2) One representative of an organization that owns and operates a quasi-municipal well located in the Basin;

             (3) One representative of an industrial or commercial user of groundwater which is located in the Basin;

             (4) One representative of a private water company which operates in the Basin;

             (5) One consumer whose water service is provided entirely by a municipal water purveyor which is located in the Basin; and

             (6) One representative of a municipal water purveyor that owns and operates wells located in the Basin;

       (b) The State Engineer, or a designated representative of the State Engineer, who is an ex officio nonvoting member of the Advisory Committee; and

       (c) The Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources, or a designated representative of the Administrator, who is an ex officio nonvoting member of the Advisory Committee.

 


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Resources, or a designated representative of the Administrator, who is an ex officio nonvoting member of the Advisory Committee.

       2.  Members of the Advisory Committee serve without compensation . [, except that while engaged in the business of the Advisory Committee, each member is entitled to the per diem allowance and travel expenses provided for state officers and employees generally, to be paid by the Southern Nevada Water Authority.]

      3.  [After the initial term, the] The term of each appointed member is [4] 2 years. Members may be reappointed. [At the expiration of the term of a member, or if] If a member resigns or is otherwise unable to [complete his or her term,] serve, the Board of Directors shall, not later than 90 days after the vacancy occurs, appoint a person pursuant to subsection 4 to fill the vacancy.

      4.  In [replacing a member] appointing the members described in:

       (a) Subparagraph (1), (2) or (3) of paragraph (a) of subsection 1, the Board of Directors shall consider recommendations solicited from a representative sampling of owners of domestic wells, persons and organizations associated with quasi-municipal wells, and industrial and commercial users of groundwater, respectively.

       (b) Subparagraph (4), (5) or (6) of paragraph (a) of subsection 1, the Board of Directors shall consider recommendations solicited from the various entities that comprise the Southern Nevada Water Authority.

      Sec. 17. Section 11 of the Southern Nevada Water Authority Act, being chapter 572, Statutes of Nevada 1997, at page 2801, is hereby amended to read as follows:

       Sec. 11.  1.  At least once each calendar year, the [advisory committee and the] Southern Nevada Water Authority shall conduct a [joint] workshop to discuss issues related to the basin and the management program. The Southern Nevada Water Authority shall give public notice of the workshop in accordance with NRS 241.020. [Members of the general public, owners of wells and other interested persons must be encouraged to attend the joint workshop.]

       2.  The issues and concerns expressed on the record by persons attending the [joint] workshop must be recorded in writing and appended to the summary and [joint] reports prepared pursuant to section 12 of this act.

      Sec. 18. Section 12 of the Southern Nevada Water Authority Act, being chapter 572, Statutes of Nevada 1997, as amended by chapter 180, Statutes of Nevada 2011, at page 821, is hereby amended to read as follows:

       Sec. 12.  On or before December 31 of each even-numbered year, the Southern Nevada Water Authority shall prepare a report and submit the report to the Director of the Legislative Counsel Bureau for transmittal to the Nevada Legislature. The report must include, without limitation:

       1.  A summary of all of the activities, studies and research conducted on behalf of the Management Program during the previous 2 calendar years;

 


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      2.  A detailed assessment of the [joint] public workshops conducted by the Southern Nevada Water Authority [and the Advisory Committee] during the previous 2 calendar years, including documentation of the comments made on the record by the members of the general public who attended the workshops;

       3.  A statement of income and expenditures related to the Management Program; and

      4.  An assessment from the Advisory Committee , if created, concerning the status of the groundwater in the Basin and the activities related to the management of the Basin, including any recommendations concerning:

       (a) Whether activities, fees and other aspects of the Management Program should be continued, modified or terminated; and

       (b) Plans for additional activities for the management of groundwater in the Basin, and for the protection of the aquifer in which the Basin is located.

      Sec. 19. Section 9 of chapter 572, Statutes of Nevada 1997, as amended by chapter 180, Statutes of Nevada 2011, at page 821, is hereby repealed.

      Sec. 20.  This act becomes effective upon passage and approval.

________

CHAPTER 518, SB 69

Senate Bill No. 69–Committee on Commerce, Labor and Energy

 

CHAPTER 518

 

[Approved: June 9, 2017]

 

AN ACT relating to state government; requiring certain regulatory bodies to adopt regulations governing the issuance of a license by endorsement to a natural person who holds a comparable license issued by the District of Columbia or any state or territory of the United States and meets certain other requirements; prohibiting the appointment as a member of a regulatory body of a person who has served as a member for 12 years or more under certain circumstances; revising provisions relating to the payment of fees for legal services on a contingent basis; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the regulation of certain occupations and professions in this State. (Title 54 of NRS) The various state agencies, boards and commissions that are authorized to license and regulate particular occupations or professions are generally referred to as “regulatory bodies.” (NRS 622.060)

      Section 3 of this bill requires a regulatory body that is not otherwise authorized or required by specific statute to issue a license to engage in an occupation or profession in this State to a natural person who has been issued a comparable license by another jurisdiction to adopt regulations providing for the issuance of a license by endorsement to engage in an occupation or profession in this State to a natural person who: (1) holds a corresponding valid and unrestricted license to engage in that occupation or profession in the District of Columbia or any state or territory of the United States; (2) possesses qualifications that are substantially similar to the qualifications required for issuance of a license to engage in that occupation or profession in this State; and (3) satisfies certain other requirements.

 


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qualifications required for issuance of a license to engage in that occupation or profession in this State; and (3) satisfies certain other requirements.

      Section 4 of this bill establishes term limits for members of regulatory bodies. Specifically, section 4 provides that a person may not be appointed as a member of a regulatory body if the person has served as a member of that regulatory body, or at the expiration of his or her current term if he or she is so serving will have served, 12 years or more at the time of his or her appointment, unless the person is serving as a member of a regulatory body with less than 250 licensees.

      Existing law establishes specific requirements that must be satisfied before certain state agencies or officials may enter into a contingent fee contract with an attorney or law firm and sets certain limitations on the amount of the fee that may be paid to an attorney or law firm retained in any matter that is the subject of a contingent fee contract. (NRS 228.111-228.1118) Section 5 of this bill prohibits any regulatory body from entering into such a contract. Section 8 of this bill makes a conforming change. Section 8.5 of this bill revises the limitations on the amount of the fee that attorneys or law firms retained in any matter that is the subject of a contingent fee contract may be paid.

      Existing law requires each regulatory body to submit a quarterly report to the Director of the Legislative Counsel Bureau that includes certain information concerning the disciplinary actions taken and the number of licenses issued by the regulatory body during the immediately preceding calendar quarter. (NRS 622.100) Section 7 of this bill requires the regulatory body also to include in the report: (1) the total number of applications for licensure received by the regulatory body; (2) the number of applications rejected by the regulatory body as incomplete; (3) the average number of days between the date of rejection of an application as incomplete and the resubmission by the applicant of a complete application; (4) a list of each reason given by the regulatory body for the denial of an application and the number of applications denied by the regulatory body for each such reason; and (5) the number of applications reviewed on an individual basis by the regulatory body or the executive head of the regulatory body.

      Section 18 of Senate Bill No. 516 of this session creates the Office of Workforce Innovation in the Office of the Governor. Section 19 of Senate Bill No. 516 of this session requires the Governor to appoint the Executive Director of the Office of Workforce Innovation. Section 9.5 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: (1) the number of persons in this State who are engaged in an occupation or profession that is regulated by a regulatory body; and (2) the demand for the services of such persons engaged in such a regulated occupation or profession.

 

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 to 5, inclusive, of this act.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3. 1.  Except as otherwise provided by specific statute relating to the issuance of a license by endorsement, a regulatory body shall adopt regulations providing for the issuance of a license by endorsement to engage in an occupation or profession in this State to any natural person who:

      (a) Holds a corresponding valid and unrestricted license to engage in that occupation or profession in the District of Columbia or any state or territory of the United States;

 


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      (b) Possesses qualifications that are substantially similar to the qualifications required for issuance of a license to engage in that occupation or profession in this State; and

      (c) Satisfies the requirements of this section and the regulations adopted pursuant thereto.

      2.  The regulations adopted pursuant to subsection 1 must not allow the issuance of a license by endorsement to engage in an occupation or profession in this State to a natural person unless such a person:

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

      (b) Has not been disciplined by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to engage in an occupation or profession;

      (c) Has not been held civilly or criminally liable in the District of Columbia or any state or territory of the United States for misconduct relating to his or her occupation or profession;

      (d) Has not had a license to engage in an occupation or profession suspended or revoked in the District of Columbia or any state or territory of the United States;

      (e) Has not been refused a license to engage in an occupation or profession in the District of Columbia or any state or territory of the United States for any reason;

      (f) Does not have pending any disciplinary action concerning his or her license to engage in an occupation or profession in the District of Columbia or any state or territory of the United States;

      (g) Pays any applicable fees for the issuance of a license that are otherwise required for a natural person to obtain a license in this State;

      (h) Submits to the regulatory body a complete set of his or her fingerprints and written permission authorizing the regulatory body 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 or proof that the applicant has previously passed a comparable criminal background check; and

      (i) Submits to the regulatory body the statement required by NRS 425.520.

      3.  A regulatory body may, by regulation, require an applicant for issuance of a license by endorsement to engage in an occupation or profession in this State to submit with his or her application:

      (a) Proof satisfactory to the regulatory body that the applicant:

             (1) Has achieved a passing score on a nationally recognized, nationally accredited or nationally certified examination or other examination approved by the regulatory body;

             (2) Has completed the requirements of an appropriate vocational, academic or professional program of study in the occupation or profession for which the applicant is seeking a license by endorsement in this State;

             (3) Has engaged in the occupation or profession for which the applicant is seeking a license by endorsement in this State pursuant to the applicant’s existing licensure for the period determined by the regulatory body preceding the date of the application; and

 


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             (4) Possesses a sufficient degree of competency in the occupation or profession for which he or she is seeking licensure by endorsement in this State;

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

      (c) Any other information required by the regulatory body.

      4.  Not later than 21 business days after receiving an application for a license by endorsement to engage in an occupation or profession pursuant to this section, the regulatory body shall provide written notice to the applicant of any additional information required by the regulatory body to consider the application. Unless the regulatory body denies the application for good cause, the regulatory body shall approve the application and issue a license by endorsement to engage in the occupation or profession to the applicant not later than:

      (a) Sixty days after receiving the application;

      (b) If the regulatory body requires an applicant to submit fingerprints and authorize the preparation of a report on the applicant’s background based on the submission of the applicant’s fingerprints, 15 days after the regulatory body receives the report; or

      (c) If the regulatory body requires the filing and maintenance of a bond as a requirement for the issuance of a license, 15 days after the filing of the bond with the regulatory body,

Ê whichever occurs later.

      5.  A license by endorsement to engage in an occupation or profession in this State issued pursuant to this section may be issued at a meeting of the regulatory body or between its meetings by the presiding member of the regulatory body and the executive head of the regulatory body. Such an action shall be deemed to be an action of the regulatory body.

      6.  A regulatory body may deny an application for licensure by endorsement if:

      (a) An applicant willfully fails to comply with the provisions of paragraph (h) of subsection 2; or

      (b) The report from the Federal Bureau of Investigation indicates that the applicant has been convicted of a crime that would be grounds for taking disciplinary action against the applicant as a licensee and the regulatory body has not previously taken disciplinary action against the licensee based on that conviction.

      7.  The provisions of this section are intended to supplement other provisions of statute governing licensure by endorsement. If any provision of statute conflicts with this section, the other provision of statute prevails over this section to the extent that the other provisions provide more specific requirements relating to licensure by endorsement.

      Sec. 4. 1.  Except as otherwise provided in subsection 2, notwithstanding any other provision of law, a person may not be appointed as a member of a regulatory body if the person has served as a member of that regulatory body, or at the expiration of his or her current term if he or she is so serving will have served, 12 years or more at the time of his or her appointment.

      2.  The provisions of subsection 1 do not apply to a person who has served as a member of a regulatory body which has less than 250 licensees.

 


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      Sec. 5. 1.  Notwithstanding the provisions of NRS 228.111 to 228.1118, inclusive, and any other provision of law, a regulatory body shall not employ, retain or otherwise contract with an attorney or law firm pursuant to a contingent fee contract.

      2.  As used in this section, “contingent fee contract” means a contract for legal services between a regulatory body and an attorney or law firm, pursuant to which the fee of the attorney or law firm is payable, in whole or in part, from any money recovered in a matter governed by the contract.

      Sec. 6. (Deleted by amendment.)

      Sec. 7. NRS 622.100 is hereby amended to read as follows:

      622.100  1.  Each regulatory body shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director:

      (a) A summary of each disciplinary action taken by the regulatory body during the immediately preceding calendar quarter against any licensee of the regulatory body; and

      (b) A report that includes:

             (1) For the immediately preceding calendar quarter:

                   (I) The number of licenses issued by the regulatory body [during the immediately preceding calendar quarter;] ;

                   (II) The total number of applications for licensure received by the regulatory body;

                   (III) The number of applications rejected by the regulatory body as incomplete;

                   (IV) The average number of days between the date of rejection of an application as incomplete and the resubmission by the applicant of a complete application;

                   (V) A list of each reason given by the regulatory body for the denial of an application and the number of applications denied by the regulatory body for each such reason; and

                   (VI) The number of applications reviewed on an individual basis by the regulatory body or the executive head of the regulatory body; and

             (2) Any other information that is requested by the Director or which the regulatory body determines would be helpful to the Legislature in evaluating whether the continued existence of the regulatory body is necessary.

      2.  The Director shall:

      (a) Provide any information received pursuant to subsection 1 to a member of the public upon request;

      (b) Cause a notice of the availability of such information to be posted on the public website of the Nevada Legislature on the Internet; and

      (c) Transmit a compilation of the information received pursuant to subsection 1 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      3.  The Director, on or before the first day of each regular session of the Legislature and at such other times as directed, shall compile the reports received pursuant to paragraph (b) of subsection 1 and distribute copies of the compilation to the Senate Standing Committee on Commerce and Labor and the Assembly Standing Committee on Commerce and Labor, each of which shall review the compilation to determine whether the continued existence of each regulatory body is necessary.

 


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      Secs. 7.3 and 7.6. (Deleted by amendment.)

      Sec. 8. NRS 228.1111 is hereby amended to read as follows:

      228.1111  1.  [The] Subject to the limitations of section 5 of this act, the Attorney General or any other officer, agency or employee in the Executive Department of the State Government shall not enter into a contingent fee contract unless:

      (a) The Governor, in consultation with the Attorney General, has determined in writing:

             (1) That the Attorney General lacks the resources, skill or expertise to provide representation in the matter that is the subject of the proposed contract; and

             (2) That representation pursuant to a contingent fee contract is cost-effective and in the public interest; and

      (b) The proposed contract complies with the requirements of NRS 228.111 to 228.1118, inclusive.

      2.  Before entering into a contingent fee contract, the Attorney General or other officer, agency or employee, as applicable, must obtain approval from the Interim Finance Committee to commit money for that purpose.

      Sec. 8.5. NRS 228.1116 is hereby amended to read as follows:

      228.1116  1.  [Except as otherwise provided in subsection 2, a retained attorney or law firm is not entitled to a fee, exclusive of any costs and expenses described in that subsection, of more than:

      (a) Fifteen percent of that portion of any amount recovered of less than $10,000,000;

      (b) Ten percent of that portion of any amount recovered of $10,000,000 or more but less than $15,000,000;

      (c) Five percent of that portion of any amount recovered of $15,000,000 or more but less than $20,000,000; and

      (d) Two percent of that portion of any amount recovered of $20,000,000 or more.

      2.]  The total fee payable to all retained attorneys or law firms in any matter that is the subject of a contingent fee contract must not exceed [$10,000,000,] 25 percent of the amount recovered, exclusive of any costs and expenses provided for by the contract and actually incurred by the retained attorneys or law firms, regardless of the number of actions or proceedings or the number of retained attorneys or law firms involved in the matter.

      [3.] 2.  A contingent fee:

      (a) Is payable only from money that is actually received pursuant to a judgment or settlement agreement.

      (b) Must not be based on any amount attributable to a fine or civil penalty, but may be based on an amount attributable to punitive damages.

      [4.] 3.  As used in this section, “amount recovered” does not include any money paid as costs.

      Sec. 9. Section 3 of this act is hereby amended to read as follows:

       Sec. 3.  1.  Except as otherwise provided by specific statute relating to the issuance of a license by endorsement, a regulatory body shall adopt regulations providing for the issuance of a license by endorsement to engage in an occupation or profession in this State to any natural person who:

       (a) Holds a corresponding valid and unrestricted license to engage in that occupation or profession in the District of Columbia or any state or territory of the United States;

 


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       (b) Possesses qualifications that are substantially similar to the qualifications required for issuance of a license to engage in that occupation or profession in this State; and

       (c) Satisfies the requirements of this section and the regulations adopted pursuant thereto.

       2.  The regulations adopted pursuant to subsection 1 must not allow the issuance of a license by endorsement to engage in an occupation or profession in this State to a natural person unless such a person:

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

       (b) Has not been disciplined by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to engage in an occupation or profession;

       (c) Has not been held civilly or criminally liable in the District of Columbia or any state or territory of the United States for misconduct relating to his or her occupation or profession;

       (d) Has not had a license to engage in an occupation or profession suspended or revoked in the District of Columbia or any state or territory of the United States;

       (e) Has not been refused a license to engage in an occupation or profession in the District of Columbia or any state or territory of the United States for any reason;

       (f) Does not have pending any disciplinary action concerning his or her license to engage in an occupation or profession in the District of Columbia or any state or territory of the United States;

       (g) Pays any applicable fees for the issuance of a license that are otherwise required for a natural person to obtain a license in this State; and

       (h) Submits to the regulatory body a complete set of his or her fingerprints and written permission authorizing the regulatory body 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 or proof that the applicant has previously passed a comparable criminal background check . [; and

       (i) Submits to the regulatory body the statement required by NRS 425.520.]

       3.  A regulatory body may, by regulation, require an applicant for issuance of a license by endorsement to engage in an occupation or profession in this State to submit with his or her application:

       (a) Proof satisfactory to the regulatory body that the applicant:

             (1) Has achieved a passing score on a nationally recognized, nationally accredited or nationally certified examination or other examination approved by the regulatory body;

             (2) Has completed the requirements of an appropriate vocational, academic or professional program of study in the occupation or profession for which the applicant is seeking a license by endorsement in this State;

             (3) Has engaged in the occupation or profession for which the applicant is seeking a license by endorsement in this State pursuant to the applicant’s existing licensure for the period determined by the regulatory body preceding the date of the application; and

 


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             (4) Possesses a sufficient degree of competency in the occupation or profession for which he or she is seeking licensure by endorsement in this State;

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

       (c) Any other information required by the regulatory body.

       4.  Not later than 21 business days after receiving an application for a license by endorsement to engage in an occupation or profession pursuant to this section, the regulatory body shall provide written notice to the applicant of any additional information required by the regulatory body to consider the application. Unless the regulatory body denies the application for good cause, the regulatory body shall approve the application and issue a license by endorsement to engage in the occupation or profession to the applicant not later than:

       (a) Sixty days after receiving the application;

       (b) If the regulatory body requires an applicant to submit fingerprints and authorize the preparation of a report on the applicant’s background based on the submission of the applicant’s fingerprints, 15 days after the regulatory body receives the report; or

       (c) If the regulatory body requires the filing and maintenance of a bond as a requirement for the issuance of a license, 15 days after the filing of the bond with the regulatory body,

Ê whichever occurs later.

       5.  A license by endorsement to engage in an occupation or profession in this State issued pursuant to this section may be issued at a meeting of the regulatory body or between its meetings by the presiding member of the regulatory body and the executive head of the regulatory body. Such an action shall be deemed to be an action of the regulatory body.

       6.  A regulatory body may deny an application for licensure by endorsement if:

       (a) An applicant willfully fails to comply with the provisions of paragraph (h) of subsection 2; or

       (b) The report from the Federal Bureau of Investigation indicates that the applicant has been convicted of a crime that would be grounds for taking disciplinary action against the applicant as a licensee and the regulatory body has not previously taken disciplinary action against the licensee based on that conviction.

       7.  The provisions of this section are intended to supplement other provisions of statute governing licensure by endorsement. If any provision of statute conflicts with this section, the other provision of statute prevails over this section to the extent that the other provisions provide more specific requirements relating to licensure by endorsement.

      Sec. 9.5. 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.

 


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       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.

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

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

       (j) 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) 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) 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.

     (m) On or before January 1 of each year, collect and analyze data as needed to create a written report for the purposes of this paragraph, and submit such a report to the Director of the Legislative Counsel Bureau. The report must include, without limitation:

 


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ê2017 Statutes of Nevada, Page 3518 (Chapter 518, SB 69)ê

 

           (1) Statistical data based on an analysis of the number of persons within this State who are engaged in an occupation or profession that is regulated by a regulatory body in relation to the total population of this State or any geographic area within this State;

           (2) The demand within this State or any geographic area within this State for the types of services provided by persons within this State who are engaged in an occupation or profession that is regulated by a regulatory body; and

           (3) Any other factors relating to the types of services provided by persons within this State who are engaged in an occupation or profession that is regulated by a regulatory body that adversely affect public health or safety.

Ê As used in this paragraph, “regulatory body” has the meaning ascribed to it in NRS 622.060.

      Sec. 10.  The provisions of section 4 of this act apply only to time served as a member of a regulatory body pursuant to an appointment made after the effective date of this act.

      Sec. 11.  1.  The provisions of section 5 of this act do not apply to an agreement between a regulatory body and an attorney or law firm entered into before the effective date of this act, but do apply to any renewal or extension of such an agreement.

      2.  The provisions of section 8.5 of this act do not apply to a contingent fee contract entered into before the effective date of this act, but do apply to any renewal or extension of such a contingent fee contract. As used in this subsection, “contingent fee contract” has the meaning ascribed to it in NRS 228.111.

      Sec. 12.  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. 13.  A regulatory body that is required to adopt regulations pursuant to section 3 of this act shall adopt such regulations not later than February 1, 2018.

      Sec. 14.  1.  This section and sections 1 to 8.5, inclusive, and 10 to 13, inclusive, of this act become effective upon passage and approval.

      2.  Section 9.5 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.

      3.  Section 9 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

________

 


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ê2017 Statutes of Nevada, Page 3519ê

 

CHAPTER 519, SB 72

Senate Bill No. 72–Committee on Legislative Operations and Elections

 

CHAPTER 519

 

[Approved: June 9, 2017]

 

AN ACT relating to state employees; revising provisions governing the Merit Award Program; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Merit Award Program is established under existing law to provide awards to state employees who propose suggestions which would reduce or eliminate state expenditures or improve the operation of the State Government. (NRS 285.030, 285.060) The Program is administered by the Merit Award Board.

      Under existing law, the Merit Award Board is authorized, within the limits of legislative appropriations, to expend a maximum of $1,000 for expenses relating to the operation of the Board. (NRS 285.030) Section 2 of this bill increases the maximum amount authorized, within the limits of legislative appropriations, for such expenditures from $1,000 to $5,000. Existing law enumerates the criteria for an employee suggestion to be eligible for an award from the Merit Award Program and includes, as part of the criteria, the requirement that the suggestion is not under active consideration by the state agency affected. (NRS 285.050) Section 3 of this bill amends the criteria for eligibility for such an award to require that the suggestion has not been previously considered by the state agency affected.

      Existing law requires the Secretary of the Board to refer the employee suggestion to the head of the state agency or agencies affected, or his or her designee, for consideration. Existing law further: (1) requires the head of the state agency, or his or her designee, to report his or her findings and recommendations concerning the employee suggestion to the Board within 30 days after the referral; and (2) sets forth the required contents of the report. (NRS 285.060) Section 4 of this bill: (1) requires the head of the state agency, or his or her designee, to report recommendations concerning the employee suggestion only if applicable rather than requiring such recommendations for each employee suggestion that was referred; (2) provides that the Board may extend the 30-day reporting period; (3) revises the manner of distribution of an award if the employee suggestion was submitted by a group of state employees; and (4) revises the timeline for the Board to submit the required annual report concerning employee suggestions to the Budget Division of the Office of Finance and the Interim Finance Committee.

      Under existing law awards made to state employees under the Merit Award Program are required to be paid in two equal installments. One payment is required to be made within 30 days after the end of the first fiscal year during which the employee suggestion was adopted and one payment is required to be made within 30 days after the end of the subsequent fiscal year. (NRS 285.070) Section 5 of this bill provides instead that: (1) the first payment is required to be made within 90 days after the end of the fiscal year during which the State realized certain savings or improvement in the operation of State Government as a result of the adoption of the employee suggestion; and (2) the second payment is required to be made within 90 days after the end of the fiscal year immediately following the fiscal year during which the first installment was paid.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 285.010 is hereby amended to read as follows:

      285.010  “Adoption” means the putting of an employee suggestion into [effect.] practice.

      Sec. 2. NRS 285.030 is hereby amended to read as follows:

      285.030  1.  The controlling authority of the Merit Award Program is the Merit Award Board.

      2.  The Board must be composed of five members as follows:

      (a) Two persons who are members of the American Federation of State, County and Municipal Employees or its successor, designated by the executive committee of that Federation or its successor.

      (b) One member from the Budget Division of the Office of Finance appointed by the Chief of the Budget Division.

      (c) One member from the Division of Human Resource Management of the Department of Administration appointed by the Administrator of the Division.

      (d) One member appointed by and representing the Governor.

      3.  The member from either the Budget Division of the Office of Finance or the Division of Human Resource Management of the Department of Administration must serve as the Secretary of the Board.

      4.  The Board shall adopt regulations for transacting its business and carrying out the provisions of this chapter.

      5.  Within the limits of legislative appropriations, the Board may expend up to [$1,000] $5,000 per year on expenses relating to the operation of the Board.

      Sec. 3. NRS 285.050 is hereby amended to read as follows:

      285.050  1.  Except as otherwise provided in this section, any state employee or group of state employees may [make] submit an employee suggestion. An employee suggestion must be [made] submitted in writing to the Board.

      2.  To be eligible for an award pursuant to NRS 285.070, a state employee or group of state employees must [make] submit a suggestion:

      (a) Which is not currently under active consideration and has not been previously considered by the state agency affected;

      (b) For which the act of developing or proposing is not a normal part of the job duties of the state employee, whether acting individually or as a member of a group of state employees;

      (c) Which is not within the state employee’s authority or responsibility to carry out or implement, whether acting individually or as a member of a group of state employees;

      (d) Which proposes to do more than merely suggest that an existing policy or procedure be followed correctly;

      (e) Which does not concern an individual grievance or complaint;

      (f) Which would not reduce the quality or quantity of services provided by the relevant state agency; and

      (g) Which would not transfer costs from one state agency to another state agency.

 


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ê2017 Statutes of Nevada, Page 3521 (Chapter 519, SB 72)ê

 

      3.  If duplicate employee suggestions are submitted, only the state employee or group of state employees who [makes] submits the first employee suggestion received is eligible for an award pursuant to NRS 285.070.

      4.  Except as otherwise provided in this subsection, a state employee, either individually or as a member of a group of state employees, may not [make] submit more than two employee suggestions in any calendar year. For any employee suggestion [made] submitted by a state employee, either individually or as a member of a group of state employees, that is approved in a calendar year, the state employee may [make] submit one additional employee suggestion during [the] that same calendar year.

      5.  The Board may, in consultation with the Budget Division of the Office of Finance and the Interim Finance Committee, establish such additional standards for the making and submission of employee suggestions as it deems proper.

      Sec. 4. NRS 285.060 is hereby amended to read as follows:

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

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

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

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

      2.  Within 30 days after receiving an employee suggestion that is referred pursuant to subsection 1, the head of the state agency, or his or her designee, shall report his or her findings and , if applicable, recommendations to the Board [.] unless the Board has, for good cause, extended the period. The report must indicate:

      (a) Whether the employee suggestion has been adopted.

      (b) If adopted:

             (1) The day on which the employee suggestion was [placed in effect.] put into practice.

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

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

      (c) If rejected, the reasons for rejection.

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

      3.  The Board shall:

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

 


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

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

      (d) Provide a report to the Budget Division of the Office of Finance and the Interim Finance Committee not later than [30] 90 days after the end of each fiscal year summarizing, for that fiscal year:

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

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

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

      Sec. 5. NRS 285.070 is hereby amended to read as follows:

      285.070  1.  Except as otherwise provided in this section, after reviewing and evaluating an employee suggestion, the Board, in consultation with the Budget Division of the Office of Finance, may make an award to the state employee or to each state employee of a group of state employees who [made] submitted the employee suggestion.

      2.  If the amount of a proposed award will exceed $5,000, the award must be approved by the Interim Finance Committee. On a quarterly basis, the Board shall transmit any proposed awards that exceed $5,000 to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee. In acting upon such an award, the Interim Finance Committee shall consider, among other things:

      (a) The reduction, elimination or avoidance of state expenditures or any improvement in [operations] the operation of the State Government made possible by the employee suggestion; and

      (b) The intent of the Legislature in enacting this chapter.

      3.  An award made pursuant to this section may not exceed:

      (a) Ten percent of the amount of any actual savings to the State, as determined at the end of the second fiscal year after the adoption of the employee suggestion; or

      (b) A total of $25,000,

Ê whichever is less, whether distributed to an individual employee or to a group of state employees who [made] submitted the employee suggestion.

      4.  Awards to employees arising out of adopted employee suggestions must, insofar as is practicable, be paid from money other than money in the State General Fund.

      5.  The total amount of an award made pursuant to this section must be paid in two equal installments. The first installment must be paid not later than [30] 90 days after the end of the fiscal year during which the State realized a reduction, elimination or avoidance of state expenditures or any improvement in the operation of State Government as a result of the adoption of the employee suggestion . [was adopted, and the] The second installment must be paid not later than [30] 90 days after the end of the [subsequent] fiscal year [.] immediately following the fiscal year during which the first installment was paid.

      6.  A former state employee is eligible to receive an award pursuant to this section if the person was a state employee at the time he or she [made] submitted an employee suggestion, or was a member of a group of state employees who [made] submitted an employee suggestion, that is subsequently adopted.

 


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ê2017 Statutes of Nevada, Page 3523 (Chapter 519, SB 72)ê

 

submitted an employee suggestion, or was a member of a group of state employees who [made] submitted an employee suggestion, that is subsequently adopted.

      7.  An award may not be made for an employee suggestion pursuant to this section until the State has realized a reduction, elimination or avoidance of state expenditures or any improvement in [operations] the operation of the State Government as a result of the adopted employee suggestion.

      8.  Any actual savings to the State resulting from the adoption of an employee suggestion that remains after an award is made pursuant to this section must be distributed as follows:

      (a) Fifty percent must be transferred to the State General Fund; and

      (b) After a revision to the appropriate work program pursuant to NRS 353.220, the remaining balance must be used by the state agency that employs the state employee or the group of state employees who [made] submitted the employee suggestion for one-time, nonoperational expenses which do not require ongoing maintenance, including, without limitation, training and equipment.

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

________

CHAPTER 520, SB 74

Senate Bill No. 74–Committee on Natural Resources

 

CHAPTER 520

 

[Approved: June 9, 2017]

 

AN ACT relating to water; revising provisions relating to a plan of water conservation; revising the membership of the Western Regional Water Commission; providing for the transfer to the State General Fund of certain fee revenue collected by the State Engineer; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires each supplier of water to prepare and adopt a plan of water conservation, which the Water Planning Section of the Division of Water Resources of the State Department of Conservation and Natural Resources is charged with reviewing within 30 days. (NRS 540.131, 540.141) Section 12 of this bill revises the period from 30 days to 120 days. Section 13 of this bill revises the provisions which must be included in a plan or a joint plan of water conservation.

      Section 14 of this bill eliminates the member of the Western Regional Water Commission who is appointed by the Chief of the Water Planning Section of the Division.

      Section 15.5 provides for the transfer of certain revenue from fees collected by the State Engineer from the Water Distribution Revolving Account to the State General Fund.

 

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 1-11. (Deleted by amendment.)

 


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ê2017 Statutes of Nevada, Page 3524 (Chapter 520, SB 74)ê

 

      Sec. 12. NRS 540.131 is hereby amended to read as follows:

      540.131  1.  Except as otherwise provided in subsection 5, each supplier of water which supplies water for municipal, industrial or domestic purposes shall, on or before July 1, 1992, adopt a plan of water conservation based on the climate and the living conditions of its service area in accordance with the provisions of NRS 540.141, and shall update the plan pursuant to paragraph (c) of subsection 4. The provisions of the plan must apply only to the supplier’s property and its customers. The supplier of water shall submit the plan to the Section for review by the Section pursuant to subsection 3.

      2.  As part of the procedure of adopting a plan, the supplier of water shall provide an opportunity for any interested person, including, but not limited to, any private or public entity that supplies water for municipal, industrial or domestic purposes, to submit written views and recommendations on the plan.

      3.  The plan must be reviewed by the Section within [30] 120 days after its submission and approved for compliance with this section and NRS 540.141 before it is adopted by the supplier of water.

      4.  The plan:

      (a) Must be available for inspection by members of the public during office hours at the offices of the supplier of water;

      (b) May be revised from time to time to reflect the changing needs and conditions of the service area. Each such revision must be made available for inspection by members of the public; and

      (c) Must be updated every 5 years and comply with the requirements of this section and NRS 540.141.

      5.  Suppliers of water:

      (a) Who are required to adopt a plan of water conservation pursuant to this section; and

      (b) Whose service areas are located in a common geographical area,

Ê may adopt joint plans of water conservation based on the climate and living conditions of that common geographical area. Such a plan must comply with the requirements of this section and NRS 540.141.

      6.  The board of county commissioners of a county, the governing body of a city and the town board or board of county commissioners having jurisdiction of the affairs of a town shall:

      (a) Adopt any ordinances necessary to carry out a plan of water conservation adopted pursuant to this section which applies to property within its jurisdiction;

      (b) Establish a schedule of fines for the violation of any ordinances adopted pursuant to this subsection; and

      (c) Hire such employees as it deems necessary to enforce the provisions of any ordinances it adopts pursuant to this subsection.

      Sec. 13. NRS 540.141 is hereby amended to read as follows:

      540.141  1.  A plan or joint plan of water conservation submitted to the Section for review must include provisions relating to:

      (a) Methods of public education to:

             (1) Increase public awareness of the limited supply of water in this State and the need to conserve water.

 

 


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ê2017 Statutes of Nevada, Page 3525 (Chapter 520, SB 74)ê

 

             (2) Encourage reduction in the size of lawns and encourage the use of plants that are adapted to arid and semiarid climates.

      (b) Specific conservation measures required to meet the needs of the service area, including, but not limited to, any conservation measures required by law.

      (c) The management of water to:

             (1) Identify and reduce leakage in water supplies, inaccuracies in water meters and high pressure in water supplies; and

             (2) Where applicable, increase the reuse of effluent.

      (d) A contingency plan for drought conditions that ensures a supply of potable water.

      (e) A schedule for carrying out the plan or joint plan.

      (f) A plan for how the supplier of water will progress towards the installation of meters on all connections.

      (g) Standards for water efficiency for new development.

      (h) Tiered rate structures for the pricing of water to promote the conservation of water, including, without limitation, an estimate of the manner in which the tiered rate structure will impact the consumptive use of water.

      (i) Watering restrictions based on the time of day and the day of the week.

      2.  In addition to the requirements of subsection 1, a plan or joint plan of water conservation submitted to the Section for review by a supplier of water providing service for 500 or more connections must include provisions relating to:

      (a) Measures to evaluate the effectiveness of the plan or joint plan.

      [(g)](b) For each conservation measure specified in the plan or joint plan, an estimate of the amount of water that will be conserved each year as a result of the adoption of the plan or joint plan, stated in terms of gallons of water [per person per day.

      2.  A plan or joint plan submitted for review must be accompanied by an analysis of:

      (a) The feasibility of charging variable rates for the use of water to encourage the conservation of water.

      (b) How the rates that are proposed to be charged for the use of water in the plan or joint plan will maximize water conservation, including, without limitation, an estimate of the manner in which the rates will affect consumption of water.] saved annually.

      3.  The Section shall review any plan or joint plan submitted to it within [30] 120 days after its submission and approve the plan if it is based on the climate and living conditions of the service area and complies with the requirements of this section.

      4.  The Chief may exempt wholesale water purveyors from the provisions of this section which do not reasonably apply to wholesale supply.

      5.  To the extent practicable, the State Engineer shall provide on the Internet website of the State Engineer a link to the plans and joint plans that are submitted for review. In carrying out the provisions of this subsection, the State Engineer is not responsible for ensuring, and is not liable for failing to ensure, that the plans and joint plans which are provided on the Internet website are accurate and current.

 


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ê2017 Statutes of Nevada, Page 3526 (Chapter 520, SB 74)ê

 

      Sec. 14. Section 37 of the Western Regional Water Commission Act, being chapter 531, Statutes of Nevada 2007, at page 3294, is hereby amended to read as follows:

       Sec. 37.  In addition to the voting members, the Water Planning Commission includes the following nonvoting members:

       1.  One member appointed by the Public Utilities Commission of Nevada;

       2.  One member appointed by the Consumer’s Advocate of the Bureau of Consumer Protection in the Office of the Attorney General;

       3.  One member appointed by the Administrator of the Division;

       4.  One member appointed by the State Engineer;

       5.  [One member appointed by the Chief of the Water Planning Section of the Division of Water Resources of the State Department of Conservation and Natural Resources;

       6.]  One member appointed by the board of directors of the water conservancy district which is largest in area in the planning area;

       [7.]6.  One member appointed by the county or district board of health;

       [8.]7.  One member of the public at large appointed by the affirmative vote of a majority of the voting members; and

       [9.]8.  Additional members with expertise in an area that the majority of the voting members determines is necessary, appointed by the affirmative vote of a majority of the voting members.

      Sec. 15. (Deleted by amendment.)

      Sec. 15.5.  On July 1, 2017, the State Controller shall transfer to the State General Fund the unencumbered balance, if any, remaining on June 30, 2017, in the Water Distribution Revolving Account created pursuant to NRS 532.210 that is attributable to the fees collected by the State Engineer pursuant to NRS 533.135 and 533.435, except fees received for a copy of a drawing or map pursuant to subsection 3 of NRS 533.435.

      Sec. 16.  This act becomes effective upon passage and approval.

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ê2017 Statutes of Nevada, Page 3527ê

 

CHAPTER 521, SB 120

Senate Bill No. 120–Senators Cancela; and Segerblom

 

CHAPTER 521

 

[Approved: June 9, 2017]

 

AN ACT relating to problem gambling; revising the membership and duties of the Advisory Committee on Problem Gambling; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Advisory Committee on Problem Gambling. (NRS 458A.060) The Advisory Committee reviews requests for a grant of money or a contract for services to provide programs and services related to problem gambling and performs certain other tasks relating to funding such programs and services. (NRS 458A.070) The Chair of the Advisory Committee is authorized to appoint groups for certain purposes relating to the duties of the Advisory Committee. (NRS 458A.080) This bill revises the membership and duties of the Advisory Committee and the purposes for which the Chair may appoint groups.

 

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 458A.060 is hereby amended to read as follows:

      458A.060  1.  The Advisory Committee on Problem Gambling, consisting of nine regular members, is hereby created within the Department.

      2.  The Governor shall appoint the following regular members to the Advisory Committee:

      (a) One regular member who holds or is a representative of an association of persons who hold a restricted gaming license;

      (b) Two regular members who [hold nonrestricted gaming licenses;] are representatives of the association of gaming establishments whose membership collectively paid the most gross revenue fees to the State pursuant to NRS 463.370 in the last preceding year, from a list of nominees submitted by the association;

      (c) Two regular members who [work in the area of mental health, at least one of whom has experience in the treatment of persons who are problem gamblers;] are qualified mental health professionals, at least one of whom is certified as a problem gambling counselor pursuant to chapter 641C of NRS and is currently practicing;

      (d) One regular member who represents [the Nevada System of Higher Education and has experience in the prevention or treatment of] an organization that promotes awareness of problem gambling and provides assistance to persons affected by problem gambling; and

      (e) [One regular member who represents an organization for veterans; and

 

 

 


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ê2017 Statutes of Nevada, Page 3528 (Chapter 521, SB 120)ê

 

      (f) Two] Three regular members who [represent organizations that provide assistance to persons who are problem gamblers.] are residents of this State and who have personal or professional knowledge and experience concerning problem gambling and related issues, including, without limitation, personal recovery, populations at risk of problem gambling, the assessment of needs, research and providing supportive services to problem gamblers.

      3.  Each regular member appointed pursuant to paragraph (a) or (b) of subsection 2 may appoint an alternate member to serve in his or her place if he or she is unable to attend a meeting or perform his or her duties.

      4.  After the initial terms, each regular member of the Advisory Committee serves for a term of 2 years. Each regular member of the Advisory Committee continues in office until his or her successor is appointed. Each alternate member appointed pursuant to subsection 3 serves during the term of the regular member who appointed him or her and may be reappointed.

      5.  The regular members and alternate members of the Advisory Committee serve without compensation, except that the regular members and alternate members are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the business of the Advisory Committee.

      6.  A majority of the total membership of the Advisory Committee constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any action taken by the Advisory Committee.

      7.  A regular member of the Advisory Committee who is an officer or employee of the State or a political subdivision of the State must be relieved from his or her duties without loss of his or her regular compensation so that he or she may prepare for and attend meetings of the Advisory Committee and perform any work necessary to carry out the duties of the Advisory Committee in the most timely manner practicable. A state agency or political subdivision of the State shall not require an officer or employee who is a regular member of the Advisory Committee to:

      (a) Make up the time he or she is absent from work to carry out his or her duties as a regular member of the Advisory Committee; or

      (b) Take annual leave or compensatory time for the absence.

      8.  The Advisory Committee shall:

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

      (b) Meet at the call of the Director, the Chair or a majority of its regular members as necessary, within the budget of the Advisory Committee, but not to exceed six meetings per year; and

      (c) Adopt rules for its management and government.

      Sec. 2. NRS 458A.070 is hereby amended to read as follows:

      458A.070  The Advisory Committee shall:

      1.  [Review each request received by the Department from a state agency or other political subdivision of the State or from an organization or educational institution for a grant of money or a contract for services to provide programs for the prevention and treatment of problem gambling or to

 


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ê2017 Statutes of Nevada, Page 3529 (Chapter 521, SB 120)ê

 

provide services related to the development of data, the assessment of needs, the performance of evaluations or technical assistance;] Provide advice and information to the Governor, the Legislature, the Department and other state agencies on issues and trends in the area of problem gambling for the purposes of:

      (a) Assisting in the establishment of priorities and criteria for funding programs and services for the prevention and treatment of problem gambling;

      (b) Providing services relating to the development of data, the assessment of needs, the performance of evaluations and technical assistance concerning problem gambling; and

      (c) Recommending legislation, regulations or the adoption of public policy concerning problem gambling.

      2.  [Recommend to the Director each request received pursuant to subsection 1 that the Advisory Committee believes should be awarded;] Review recommendations made by the Department for granting money or contracting for services for the prevention and treatment of problem gambling and make recommendations to the Director concerning the award of such grants and contracts.

      3.  [Establish criteria for determining which state agencies and other political subdivisions of the State and organizations and educational institutions to recommend for grants of money or contracts for services pursuant to subsection 2;

      4.  Monitor each grant of money awarded by the Department to provide programs for the prevention and treatment of problem gambling or to provide services related to the development of data, the assessment of needs, the performance of evaluations or technical assistance; and

      5.  Assist the Department in determining the needs of local communities and in establishing priorities for funding] Review reports compiled by the Department concerning the outcome and evaluation of programs and services funded by the Department for the prevention and treatment of problem gambling and [funding] services funded by the Department related to the development of data, the assessment of needs, the performance of evaluations or technical assistance.

      Sec. 3. NRS 458A.080 is hereby amended to read as follows:

      458A.080  The Chair of the Advisory Committee may appoint groups consisting of members of the Advisory Committee, former members of the Advisory Committee and members of the public who have appropriate experience or knowledge to:

      1.  Consider specific [problems or other] issues and policy matters that are related to [and within the scope of activities of the Advisory Committee;] the prevalence, impact, prevention and treatment of problem gambling; and

      2.  [Review requests for grants of money or contracts for services related to specific programs for the prevention and treatment of problem gambling or services related to the development of data, the assessment of needs, the performance of evaluations or technical assistance.] Assist in researching and developing strategic plans to fund and deliver comprehensive programs and services to prevent and treat problem gambling and make recommendations concerning such strategic plans.

      Sec. 4. (Deleted by amendment.)

 


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ê2017 Statutes of Nevada, Page 3530 (Chapter 521, SB 120)ê

 

      Sec. 5.  1.  Notwithstanding any other provision of law, the terms of the members appointed to the Advisory Committee on Problem Gambling pursuant to NRS 458A.060, as that section exists on June 30, 2017, expire on that date.

      2.  As soon as practicable on or after July 1, 2017, the Governor shall appoint to the Advisory Committee on Problem Gambling created by NRS 458A.060, as amended by section 1 of this act:

      (a) Four members to terms expiring on June 30, 2018; and

      (b) Five members to terms expiring on June 30, 2019.

      Sec. 6.  1.  This section and section 5 of this act become effective upon passage and approval.

      2.  Sections 1 to 4, inclusive, of this act become effective on July 1, 2017.

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CHAPTER 522, SB 121

Senate Bill No. 121–Senators Woodhouse, Parks, Ford, Denis, Farley; Atkinson, Cancela, Cannizzaro, Manendo, Ratti, Segerblom and Spearman

 

CHAPTER 522

 

[Approved: June 9, 2017]

 

AN ACT relating to health care; directing the Legislative Commission to appoint a committee to conduct an interim study concerning issues regarding the behavioral and cognitive care needs of older persons in this State; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill directs the Legislative Commission to appoint a committee to conduct an interim study concerning issues regarding the behavioral and cognitive care needs of older persons in this State.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Legislature hereby finds and declares that:

      1.  Older persons, including those with behavioral and cognitive health issues, are among the most treasured and vulnerable assets of this State.

      2.  The proportion of the population of the United States and of this State that consists of older persons continues to grow.

      3.  As the proportion of our population grows to consist increasingly of older persons, information and knowledge pertaining to behavioral and cognitive diseases prevalent in older persons becomes ever more crucial.

 

 


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ê2017 Statutes of Nevada, Page 3531 (Chapter 522, SB 121)ê

 

      4.  At present, many of the persons who care for older persons with behavioral and cognitive health issues are unable to readily obtain the information and training necessary to care for their loved ones in the most beneficial manner.

      5.  It is increasingly more important to identify gifts, grants, programs and other sources of money that may be used for the benefit of older persons in this State with behavioral and cognitive health issues.

      6.  It is progressively more imperative that natural persons, agencies and other resources within this State be knowledgeable and aware concerning behavioral and cognitive diseases prevalent in older persons.

      Sec. 2.  1.  The Legislative Commission shall appoint a committee to conduct an interim study concerning the needs related to the behavioral and cognitive care of older persons in this State.

      2.  The interim committee appointed by the Legislative Commission to conduct the study must be composed of six Legislators as follows:

      (a) Two members appointed by the Majority Leader of the Senate;

      (b) Two members appointed by the Speaker of the Assembly;

      (c) One member appointed by the Minority Leader of the Senate; and

      (d) One member appointed by the Minority Leader of the Assembly.

      3.  The Legislative Commission shall appoint a Chair and a Vice Chair from among the members of the interim committee.

      4.  In conducting the study, the interim committee shall consult with and solicit input from natural persons and organizations with expertise in matters relevant to the behavioral and cognitive care of older persons in this State, including, without limitation:

      (a) An employee or other person selected or otherwise designated by the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services.

      (b) A representative from an association that provides services to persons with Alzheimer’s disease.

      (c) A medical professional with expertise in cognitive disorders, including without limitation, a neurologist, gerontologist, geropsychiatrist or geropsychologist.

      (d) A representative of the Nevada System of Higher Education with expertise in cognitive disorders.

      (e) A representative from a nonprofit community agency that provides caregiver support and services to older persons in this State with behavioral or cognitive health issues, including without limitation, a representative with experience or knowledge of suicide awareness, education and prevention as it relates to suicide among older persons.

      (f) The Administrator of the Aging and Disability Services Division of the Department of Health and Human Services or other person from the Division designated by the Administrator.

      5.  The interim committee shall examine, research and identify:

      (a) Potential sources of state funding available to support evidence-based statewide community programs to aid caregivers who are caring for older persons with behavioral and cognitive health issues, including, without limitation:

 

 


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ê2017 Statutes of Nevada, Page 3532 (Chapter 522, SB 121)ê

 

             (1) Offering information about programs and services designed to aid caregivers who are caring for older persons with behavioral and cognitive health issues;

             (2) The provision of training in select evidence-based community programs for caregivers, social service providers, health care workers and family members;

             (3) The creation of a sliding fee scale to address the affordability of mental health services;

             (4) Providing a substitute caregiver to ensure the safety and well-being of an older person who has behavioral or cognitive health issues while the family attends training; and

             (5) The creation of a sliding fee scale to address the affordability of respite services;

      (b) Potential sources of state funding to assist Nevada Care Connection and Nevada 2-1-1 in the creation of a “No Wrong Door” program to assist caregivers of older persons with behavioral and cognitive health issues;

      (c) The potential for establishing a higher rate of reimbursement by Medicaid for nursing facilities prepared and trained to support older persons with behavioral and cognitive health issues, thereby allowing such older persons to remain in their own communities rather than being placed in out-of-state facilities; and

      (d) The provision of education and training for health care professionals in the screening, diagnosis and treatment of behavioral and cognitive diseases prevalent in older persons.

      6.  The Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmittal to the 80th Session of the Nevada Legislature.

      Sec. 3.  The Department of Health and Human Services shall provide technical assistance to the interim committee appointed pursuant to section 2 of this act.

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

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